Gay People Can Be Judges, Not Spouses
Jeff Sessions - who couldn't get his own judicial nomination through a GOP Judiciary Committee even after flip-flopping to the correct position on whether the NAACP or the KKK poses a greater threat to the Republic - is now tying himself in knots over whether he would have a problem with a gay Supreme Court nominee per se, or just with one who believed gay people should have the same rights as everyone else. I'm sure when Strom Thurmond voted against Thurgood Marshall's nomination to the Court, it had nothing to do with him being Black - just with him being a Black man who believed Black people should have their equal protection rights protected.
But while it's funny/ sad/ ridiculous to watch Sessions and Co. squirm in saying first that "identity politics" are bad and then that we should be concerned that a gay nominee would make people "uneasy," or hear the Family Research Council signal openness to a gay nominee without "pro-gay ideology," there's a reason these guys are struggling to say something coherent: Open gay-bashing is becoming less popular in America, but it's hard to explain why LGBT people shouldn't have equal rights if we're not inferior Americans.
It's not by accident that the right-wing opposition to gay equality is a moving target. Anti-gay bigotry is still prevalent in America, and will be no doubt for a long time. But as Americans, including many who are uncomfortable with gay people, become less sympathetic to politicians saying that there are no gay people, that gay people need psychiatric help, that gay people are sinners, etc., Jeff Sessions has to come up with different ways to explain why he opposes the "gay agenda" - just like he had to come up with new ways to explain his animus towards the NAACP a generation ago.
So the issue is: elitist judges trying to tell regular people what to do (this one gets more tenuous now that more people support same-sex marriage than the Republican party); schoolteachers depriving parents of control over how (and whether) their kids learn about sexual orientation; priests getting locked up for not officiating at marriages they don't believe in; now Miss California's Miss America candidacy was judged not just on her body but on (gasp) how she answered a question! Perusing The Corner suggests that National Organization for Marriage President Maggie Gallagher's latest argument for why LGBT people shouldn't be allowed to get married is that opponents of gay rights will face social stigma as soon as gay people escape enshrined legal stigma. In the 90's Mike Huckabee was decrying our culture's decline "from Barney Fife to Barney Frank" - now he's decrying a gay blogger's intolerance towards Miss California.
So as more states and more Americans come out for legal equality, expect conservatives to get that much more creative in explaining their opposition as a defense of the little guy (the teacher, the priest, the voter, the beauty pageant contestant, the law professor), that much more eager to declare themselves tolerant of people with "gay tendencies," and that much more fulsome in their outrage when intolerant liberals suggest they have a problem with gay people.













Bigotry is bigotry no matter how you attempt to explain it. Sadly for the country, the modern (1967 to present) GOP is the party of bigotry. Fortunately, the American people are less inclined to accept the GOP's bigotry anymore.
May 9, 2009 3:31 PM | Reply | Permalink
Thanks for the post! I personally am planning my vacation time to coincide with the confirmation hearings. Watching Jeff Sessions try to appear judiciously moderate is going to be the most fun since Trent Lott tried to walk back his racist rants by being interviewed by Ed Gordon!
May 9, 2009 4:00 PM | Reply | Permalink
There is something delicious about this issue hanging out there, allowing repubs to give themselves enough rope, so that no matter who Obama names, these folks are going against a growing majority of the country. I don't want Obama to delay too long, but just long enough so the repubs play out some more rope.
May 9, 2009 4:42 PM | Reply | Permalink
I think it is obvious that the next several Supreme Court Justices should be AT LEAST as open-minded (and honest in their confirmation inquiries) as ... let's see... Scalia, Thomas, Alito, and Roberts. Remember that these guys never admitted to even having had a moments thought about abortion -- were they sworn in? Yes.
So if we keep those guys as an ideal for objectivity, I think Obama will do just fine. How could any honorable republican object? Oh. I guess the problem is finding an honorable republican.
May 9, 2009 7:08 PM | Reply | Permalink
Thanks for this post.
I would say Sessions is an idiot but that would insult idiots!
I've been trying to come up with a black, gay, liberal and strong woman candidate. That's my choice!
Rec'd.
May 9, 2009 11:00 PM | Reply | Permalink