Response to Adam

Mr. Radosh,

Firstly, I thank you for your mostly cordial and in all respects rational response. Whether I agree with you or not, I can say that it was a refreshing break from the usual model of Wesleyan discourse, and certainly an example from which the activist community would profit. Speaking solely as a student with an interest in rational debate, thank you very much.

That said, I do have to disagree with you on certain points. Most obviously and least substantively, you got the title of my column wrong. It was not “…But I don’t even like boys,” but rather “…And you don’t even like boys.” This is hardly a large critique, but it should be noted nonetheless. Secondly, you paraphrase my argument as, “rather than the straight majority accepting the queer minority as fellow humans right off the bad (GASP!), it is the queer minority’s duty earn [sic] acceptance by proving to the straight majority that it is equally human.”

I take issue with this characterization on two counts: firstly, on the level of interpretation, I did not intend to imply a moral duty on the part of the queer community to demonstrate its similarities to the straight majority, but simply a practical one. As one commenter helpfully put it on the Argus website, “People need to remember that Mytheos isn’t talking about what is right or wrong, but rather about what it realistic.” We could have the argument over whether such a requirement is just as a matter of abstract morality (and I think there is a strong case that it is not), but my point was solely that this requirement exists, especially given that the only means to tease civil rights out of such places is through the Democratic process, given the current strict constructionist bent of the Court system.

Secondly, I do not think it is fair to argue that, from the anti-queer perspective, the issue is the queer community’s humanity, but rather its decency. I know of nobody except for the rare dominionist or Christian reconstructionist who argues that gays should be stripped of their legal rights. The usual argument is that they should not have the privilege of marriage extended to them because, from the anti-gay marriage perspective, they are not fit for it. For a useful analogy, from the anti-gay perspective, one can safely assume that while criminals are still obviously human, the relevant point is that they are not decent humans and as such, deserve lesser rights and privileges than those who are decent humans. From this same perspective, especially if it is religiously motivated, gays may be human, but they are not decent humans and, moreover, because marriage is legally defined as a privilege, society has a choice about whether to offer it to them.

Now, quite frankly, I do not think it is fair or logical to view gays as fitting into the same category as criminals, given that I believe crime must have a victim to be meaningfully criminal, and also given that, like former Vice President Cheney, I am skeptical of the claim that homosexuality is inherently immoral. However, right or wrong, this is the argument which the anti-gay community will make, and given that it has already proven its ability to win elections, if you want to be able to fight it with a numerical minority of people via the ballot box, you will need all the help you can get, and thus cannot afford to alienate people via the use of radical, inflammatory tactics. If you were solely fighting social sanction, such tactics would be appropriate, but law is a trickier thing to change in a democratic society, because in order to change it, you must make 50%+1 agree with you.

I have no doubt you could do this at Wesleyan – my concern is what will happen when you actually go to the places where the majority believes that homosexuality is wrong. Will you draw ejaculating penises on their streets and, when they protest, call them “losers,” “eyesores” and “haters” and instruct them to “kiss your ass” as well? If I were a genuine homophobe, I would say I hope that you will, because such a set of tactics would embolden the anti-gay cause. As it is, I will say that I hope you do not because I fear for your safety and your cause’s viability if you do.

Cordially,

Mytheos Holt

Comments

3 responses to “Response to Adam”

  1. Howard Cutter Avatar
    Howard Cutter

    “because marriage is legally defined as a privilege, society has a choice about whether to offer it to them”

    I’m afraid this is incorrect. In the US, marriage is legally defined as a civil right, and has been since Loving v Virginia. To quote: “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” and “Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival.”

  2. Mytheos Holt Avatar
    Mytheos Holt

    Loving v. Virginia recognizes HETEROSEXUAL marriage as a right. It does not say anything about homosexuality. Moreover, both Justice O’Connor and Justice Kennedy made it clear in Lawrence v. Texas that if the issue were marriage, their decisions would have been different.

  3. Howard Cutter Avatar
    Howard Cutter

    Loving v. Virginia states marriage is a right, period. The marriage in that case being heterosexual in no way makes the decision only applicable to heterosexual marriages.

    And you stated marriage, period, was defined as a privilege rather than a right and that this definition was why society has a choice about whether to offer it to homosexuals. You did not state that homosexual marriages and only homosexual marriages are defined as a privilege rather than a right.

    And yes, both Justice O’Connor and Justice Kennedy stated their decisions would have been different if Lawrence v. Texas had been about marriage. That speaks more to their own biases than it does to whether or not marriage itself is a right. As Justice Scalia correctly pointed out, overturning Bowers effectively removed state justification for denying same-sex marriage. The only thing he got wrong is thinking this should be undesirable.

    This reasoning leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples. Justice O’Connor seeks to preserve them by the conclusory statement that “preserving the traditional institution of marriage” is a legitimate state interest. Ante, at 7. But “preserving the traditional institution of marriage” is just a kinder way of describing the State’s moral disapproval of same-sex couples. Texas’s interest in §21.06 could be recast in similarly euphemistic terms: “preserving the traditional sexual mores of our society.” In the jurisprudence Justice O’Connor has seemingly created, judges can validate laws by characterizing them as “preserving the traditions of society” (good); or invalidate them by characterizing them as “expressing moral disapproval” (bad).[LAWRENCE V. TEXAS]

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