BREAKING NEWS: Prop 8 Held Unconstitutional By Federal Appeals Court

The Ninth Circuit Court of Appeals has held that a California constitutional amendment that defines marriage in opposite-sex terms violates the Constitution.

Note: This is breaking news. I will have more analysis later today - once I can download the opinion and finish teaching classes!

Obama and Gay Issues

The Politico has an article on President Obama and his "pitch to gay voters." The article discusses the sometimes tumultuous relationship between Obama and the LGBT social movement community. The article quotes many commentators who discuss what Obama can do to energize LGBT voters. Some commentators encourage him to endorse same-sex marriage. Others point out that he has done more to advance LGBT rights than any other president. I have responses to both of these observations.

Same-Sex Marriage: Do Not Expect An Endorsement

First, on the subject of same-sex marriage, I doubt that Obama will publicly endorse same-sex marriage before the 2012 election. Things could change, but if public opinion remains relatively constant on this issue leading into November, Obama's position will remain the same ("I do not support it, but I do not support laws banning it"). If his opinion evolves, it could become "I support it, but I believe this is a matter for states to decide" or simply "This is a matter for states to decide."

Why all of the doubt? Most opinion polls show that a majority of the public opposes same-sex marriage. While opposition is the highest among conservative voters, liberals and moderates also oppose marriage equality. Some recent opinion polls (see Politico article) show that a slim majority of the public approves of same-sex marriage, but these polls contradict the results of most other surveys.

In order to win the election, President Obama needs black and Latino voters to come out in droves and support him again. No Democratic presidential candidate has won a majority of white voters since 1964; this statistic applies to Obama as well.

Black and Latino voters were instrumental in delivering several key states to Obama, including Florida, New Mexico, Colorado, Ohio, and North Carolina. Same-sex marriage is not a key issue among these voter.

Also, it is unclear whether (and doubtful that) LGBT voters constitute a swing vote in any tough race for Obama. Moreover, pro-LGBT voters probably will not run from Obama if he does not support same-sex marriage.

Politics is about strategy more than ideology. If Obama believes he can win without endorsing same-sex marriage -- which was true in 2008 -- he will decline to do so.

Obama Has Done More For LGBT Rights Than Any Other President

Commentators who defend Obama often argue that he has done more for LGBT rights than any other president. The claim has some validity. During his presidency, Obama has encouraged and secured the repeal of Don't Ask, Don't Tell.  The Department of Justice has stopped defending the Defense of Marriage Act and now considers it unconstitutional. Also, Obama has advocated extending federal benefits to legally married same-sex couples. Pro-LGBT individuals should certainly applaud these developments and Obama for overseeing them.

Nevertheless, the observation regarding Obama's contributions to gay rights bothers me for two reasons. First, this argument discounts the role that social movement actors played in generating these changes. Presidents do not simply change policies to help disadvantaged groups because they are benevolent. Instead, they respond to pressure from and changes in the political climate caused by social movement activity.

LGBT social movement actors have been among Obama's most vocal liberal critics. They have also managed to influence public opinion on LGBT issues. Accordingly, it is not surprising that Obama has modified and taken a stance against antigay policies.

The observation about Obama's contributions to gay rights is also troubling because it is ahistorical. In the past, the changes that have recently occurred with respect to LGBT rights were not imaginable. The LGBT rights movement did not even become a major political player until the 1980s. Also, public opinion on LGBT rights has evolved over time, in part due to the activism of LGBT political actors and individuals.

Accordingly, a president in 2012 should definitely be able to check off more individual accomplishments in this area than, say, a president in 1950. But that does not imply that the contemporary president is bolder or more committed on the subject. Instead, this gap simply reflects the evolving political and social climate on this subject.

Religious Extremism Alert: Man Kills Four-Year-Old Boy Because He Thought He Was Gay

People who spew and tolerate religious extremism have another reason to suffer criticism. A man in North Carolina has allegedly killed a four-year-old boy, whom he believed was gay.

According to news reports, Peter Lucas murdered Jadon Higganbotham weeks after he killed 28-year-old Antoinetta Yvonne McCoy. Law enforcement officials have not identified a motive in McCoy's slaying.

McCoy and Higganbotham lived at the same North Carolina address as Lucas and several other individuals. Lucas is allegedly the spiritual leader of the group of individuals affiliated with the radical Black Hebrews (or Hebrew Israelite) religious sect.

According to a report by the Southern Poverty Law Center, the Black Hebrews believe that "homosexuals" should be put to death. The SPLC report also links members of this religion with other acts of antigay violence.

UPDATE: Members of the faith also have posted videos online which call for the murder of gays and lesbians.

Beyond Bullying: Race, Poverty and LGBT Rights

One of the most pernicious but least discussed stereotypes of LGBT persons portrays them as a highly privileged population. According to the legend, the average LGBT person is white, wealthy and highly educated.

Opponents of LGBT rights frequently point to these so-called privileges in order to advocate against progress on questions of sexual orientation and gender identity. For example, during the campaign to pass an amendment to the Colorado constitution that banned the implementation of laws protecting gays and lesbians from discrimination, the group Coloradans for Family Values circulated the film "Gay Rights/Special Rights." The video depicts gays and lesbians as white, upper-class and sexually debauched. The narrator questions the need for LGBT rights measures on the grounds that gays and lesbians have not suffered discrimination to the same extent as Blacks and Latinos.

Supreme Court Justice Antonin Scalia echoed this sentiment in his dissenting opinion in the case Romer v. Evans. In Romer, the Supreme Court invalidated the Colorado constitutional amendment because it denied gays and lesbians of Equal Protection. In protest, Justice Scalia argued that "those who engage in homosexual conduct tend to reside in disproportionate numbers in certain communities. . .have high disposable income. . .[and] possess political power much greater than their numbers, both locally and statewide." Accordingly, extending them civil rights protection would amount to "special rights."

The gay-as-wealthy stereotype is patently false. The notion of LGBT wealth often rests on statistical data that uses very skewed samples of "out" persons who make contributions to political organizations and who subscribe to LGBT-related periodicals. Using the stereotype as a way of comparing Blacks and LGBT persons is also bankrupt. Social groups can have different experiences, but they can each suffer from unjustifiable mistreatment. Furthermore, many Blacks are also LGBT individuals. Thus, the comparative approach falsely assumes a separability of the two groups.

Two Recent Reminders of the Intersection of Race, Poverty and LGBT Status

Vicious Attack on Damian Furtch



The intersection of race, poverty and LGBT status has very tangible effects. Several studies have indicated that LGBT persons of color are more vulnerable to hate crimes than whites. This is likely due to them lacking adequate safe spaces to express their identities openly. Also, poor LGBT people cannot afford to move to low-crime neighborhoods, thus, exacerbating their susceptibility to violence.

Despite their greater vulnerability to antigay violence, the national media typically does not make connections between race and homophobic violence. For example, Damian Furtch, a 26-year-old black gay male was recently severely beaten in New York City. His attackers called him a "faggot." Police have labeled the incident a hate crime. As of today, the only detailed news about this crime appears on another blog. Although the media has given antigay "bullying" massive amounts of attention in recent months, the type of street violence that disproportionately impacts poor LGBT persons of color remains virtually unexamined and uncriticized in the general media.

New York State Budget Cuts Imperil Homeless LGBT Youth



Carl Siciliano, the Executive Director of the Ali Forney Center, has written an "open letter" to New York Governor Andrew Cuomo asking him not to slash state funding of emergency shelters for homeless youth in New York. The Ali Forney Center provides shelter to homeless LGBT youth in New York City. Most of these kids have been kicked out of their homes because they are LGBT. Most of them are also very poor and typically persons of color.

These youths are statistically quite vulnerable to suicide and abuse. While the media has devoted a lot of attention on the issue of suicides among LGBT individuals, it has focused attention primarily upon suicides resulting from bullying -- rather than examining the massive difficulties that poor LGBT youth face when their parents refuse to accept their identities.

Moving Forward

There are many reasons why poor LGBT persons of color are invisible in the media. The media rarely produces serious journalistic accounts of the personal effects of discrimination upon the most vulnerable persons in society. Also, homophobia within communities of color and racism within LGBT populations compounds the discrimination LGBT persons of color already face. Placing these issues on the forefront of social justice movements, however, is necessary for real progress to occur.

LGBT Social Movements Cause Obama Administration to Shift Policy on Gay Rights

Attorney General Eric Holder has concluded that Section 3 of the Defense of Marriage Act violates the Constitution. This is a complete reversal of DOJ's position regarding DOMA. Although President Obama campaigned on a promise to seek the repeal of DOMA, DOJ has defended the statute in recent litigation.

Even more important than his conclusion that Section 3 violates the Constitution, Holder also argues that courts should apply "heightened scrutiny" to classifications based on sexual orientation. This also represents a reversal from recent DOJ arguments. When courts apply heightened scrutiny, they are less deferential to governmental justifications for discrimination. This standard could potentially invalidate numerous laws that discriminate against gays and lesbians.

Social Movements

It is important to note the role that social movement activity has played in causing this shift in policy. LGBT groups have been the most vocal in their criticism of policy choices by the Obama administration. I previously have written on this subject.

Social movements are essential to social change. While many liberal organization -- particularly, traditional civil rights groups -- have never publicly criticized the Obama administration, LGBT group have demanded better results and swifter action in a host of areas. Apparently, their advocacy has paid off.

It remains unlikely that race-based civil rights groups will pressure the Obama administration to take more progressive stances on issues relevant to poor persons of color. So long as most persons of color remain highly supportive of Obama, these groups have will have no incentive to demand more substantive justice. Pity.