Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts

Monday, July 19, 2010

Who's Afraid of Liberty?: The American Left and Its Fear of Talking About Freedom


It seems that the Democratic Party and the American left in general has a problem with talking about "liberty" and "freedom." Sometimes words like "choice" and "rights" are applied euphemistically to this end, but framing issues from the perspective of individuals struggling for self-determination in their lives has been a theme entirely given over to the right for quite a while now. Issues from reproductive rights to LGBT issues to immigration reform are framed almost solely in terms of "justice" or "equality" when they should all be at least partially framed in terms of "freedom." Meanwhile, those who are unafraid to talk about "liberty" (such as libertarians and a number of conservatives) win the hearts and minds of Americans who value personal freedom, even if the right wing conception of liberty is superficial at best. In order to win over those voters who value the rights of individuals to live their lives as they see fit, the left is going to have to start talking about liberty once again.

   The reasons for the left's liberty deficit seems to be two fold. First of all, the concept of personal freedom is often used as a way for those with power and money to feel little or no guilt about riding roughshod over those without it. Business owners may feel that they are at liberty to treat their employees however they choose and that those employees are then at liberty to work elsewhere if they do not like it. Parents may feel that they are at liberty to raise their children as they see fit even if said children are denied opportunities to grow and learn that would allow them to live normal lives and to benefit as individuals. Someone may feel that he or she has the liberty to cease paying taxes even though by doing so, they would be denying all members of their society the ability to use services that are vital to their well-being. And so on and so forth. The reason that people on the left rightly find these hypothetical claims so unconvincing is that the liberty given up by the business owner, parent, and taxpayer in these scenarios is much less than the liberty gained by the worker, child, and ideally the consumer of government services. A good non-hypothetical example of this is the American with Disabilities Act. While this forces individual business owners to give up a little bit of liberty by requiring them to make their places of business more accessible for the handicapped, the liberty that disabled individuals acquire by being able to travel more freely in a world accessible to them outweighs any collective inconveniences to America's business owners. Sure, all of these issues are issues of "equality" and "justice" but they are also issues about "liberty," just a more complicated sort of liberty than that promoted by those on the right.

   LGBT rights seems to me to be a particularly strange issue to frame in terms of "justice" and "equality" as opposed to "liberty," seeing as for the most part the demands of LGBT people infringe very little, if any, on the rights of others. Perhaps this is just part of a pattern on the left of framing issues in terms of the former and not the latter and it is being repeated even in those cases where it make comparably little sense. Instead of riling up Americans against the savage injustice of putting individual rights to a popular vote and putting the government in charge of who can and cannot make what commitments to one another, the left has meekly spewed mealy mouthed platitudes about "equality."

   However, there is more at work in the left's (and especially the Democratic Party's) fear of talking about freedom than just how the term is often inappropriately used by those on the right as an excuse to ignore social justice and personal liberty for some of those most marginalized by society. It also has to do with the establishment left's own role in perpetuating gross violations of individual rights. The war on drugs, while not a wholly left wing enterprise, has been and continues to be at least a partial one. And the American left has never been completely comfortable with the notion of Americans owning firearms for self-defense. Many violations of individual rights and ultimately of people's freedom have their roots on the left. By embracing terms like "liberty" the American left will have to come to terms with its own continuing betrayal of this ideal.

However, in the final estimation of things the American left and the Democratic Party are going to have to learn how to talk about freedom. From the Declaration of Independence to the "Don't Tread on Me" flag to rock and roll to jazz, America's best traditions have had at their heart an appeal to the American love of freedom. Americans are used to framing issues in terms of freedom and will respond to whatever political party or movement is best able to appeal to this basic human and very American desire. As long as American liberals have trouble articulating what freedom means to them they can expect to lose elections and ultimately to lose ground in the court of public opinion.

Thursday, April 15, 2010

Why I Won't Be Queering My Census


I received my Census tonight in the mail. And even before I received it, I had contemplated the question that many politically engaged LGBT people have been contemplating: to queer or not to queer? And I have to say that I fall squarely on the "not to queer" side of the issue.

Let me start off by saying that I think the census questions asking same-sex couples in committed, partnered relationships about their living arrangements are a step in the right direction. I urge all persons in such relationships to fill their Census out honestly and to make sure and include this information when appropriate. But what I cannot endorse is the National Gay and Lesbian Task Force's deeply misguided campaign to "queer the Census."

It pains me to publicly state this as I have a lot of admiration for the National Gay and Lesbian Task Force. In contrast to some LGBT organizations, they seem to have a relatively genuine commitment to serving the needs of bisexuals, trans folk, gender variant persons, LGBT youth, LGBT elders, disabled LGBT persons, and other LGBT subgroups who are often marginalized by mainstream organizations that supposedly exist to meet our needs. And I commend them for their willingness to think outside of the proverbial box when it comes to new ideas to engage our community and further our cause. Nonetheless, for a multitude of reasons, "queering the Census" is a bad one.

For those of you not familiar with this concept, the National Gay and Lesbian Task Force is urging LGBT people and our allies to affix a hot pink sticker to the front of our census envelopes with the heading on it "ATTN: US Census Bureau: It's Time to Count Everyone!" Below this heading one can check one or more boxes labeled "Gay," "Lesbian," "Bisexual," "Transgender," or "Straight Ally." Beneath these boxes is the National Gay and Lesbian Task Force logo and the statements "Everyone deserves to be counted. It's time to queerthecensus.org."

There are a number of things that make this concept problematic. It should be obvious that nothing is more likely to invoke unfair but pervasive stereotypes about LGBT people in the minds of wary Census officials than a hot pink sticker with the word "queer" emblazoned on it. But that is still the least of the issues that a reasonable person could take with said sticker.

The categories themselves are problematic and if the content of the sticker is supposed to function as a guide for what the Task Force thinks an ideal question about LGBT identity should look like on a hypothetical future Census form, then a troubling lack of thought has been put into this proposition by the Task Force. Let's go down and list and analyze the terms one by one.

"Gay" - First of all, "gay" is in many ways an umbrella term but in other contexts it has a very specific meaning. "Gay" can be used to refer exclusively to homosexual men, to refer exclusively to homosexual and bisexual men, to refer exclusively to homosexual men and women, to refer exclusively to all LGB people, and as a term to refer to all LGBT people. While all of these uses are highly contested, all of them are a contemporary and/or historical reality. In the context of the Census, would I count as "gay" as a woman? As a bisexual person? Would gay men of a certain era identify with it that may prefer now anachronistic sounding terms like "homosexual"? How about younger men that may prefer "queer"?

"Lesbian" - "Lesbian" is another highly contested term and one that not even all homosexual women identify with. I have heard women that others would most likely identify with the term explain that they disliked it for whatever reason and preferred "gay," "queer," or some other label to describe their sexual orientation. Would anyone that was "lesbian" automatically count as "gay" as well? How about men that may choose to identify as lesbians for cultural reasons? Are they committing Census fraud? (And, yes, this is apparently a real phenomenon, if a pretty rare one.)

"Bisexual" - Along with the "transgender" label this term seems to me to be among the most potentially troublesome. It is important to note that many individuals that express and enact attraction to both men and women strongly dislike this term for a number of reasons. Reasons I have heard expressed for this include the term's debt to the concept of a gender binary, derogatory associations among both gays and heterosexuals, and the term's waning popularity relative to newer labels like "queer," "pansexual," or "fluid." Add into the equation "gay-identified bisexuals" and "lesbian-identified bisexuals" and you have a recipe for mass confusion in counting this population. Additionally, a high number of people may identify as "bisexual" in some contexts but not in others. For instance, they may have engaged in same-sex (or opposite sex) experimentation or experienced same-sex (or opposite sex) attractions without consistently or seriously pursuing a bisexual lifestyle. Such individuals and their identifications would prove an additional gray area in counting America's LGBT population.

"Transgender" - The best definition of the term "transgender" was one I encountered courtesy of Dr. Petra Doan at a panel discussion of employment and housing discrimination issues facing LGBT people. To paraphrase the professor as I understood her remarks, "transgender" is an umbrella term encompassing two spectra: the male to female spectrum and the female to male spectrum. On one end of these spectra, the professor continued, lay those with somewhat gender non-conforming identities. These folks include gender-variant LGB as well as heterosexual persons. Some of these folks may cross dress, engage in drag performances, or exhibit other gender non-conforming characteristics. On the far end of the spectra lay transsexual people who live full time as a member of a sex other than the one assigned to them at birth. Many trans persons also identify with the terms "gay," "lesbian," and/or "bisexual" although not all trans persons will. And, of course, the way individuals use these terms to describe themselves and others vary widely. I have heard of trans men that continue to identify as lesbians even after their transitions, for example. On another note, some people identify intersex people as falling under the transgender banner although not all intersex people embrace this identification with the transgender community. Not all intersex persons are even aware of their condition. Lumping such a diverse population under one vaguely defined umbrella term is obviously not going to be revealing of much of anything and may actually provide misleading pseudo-information.

"Straight Ally" - I cannot imagine the Task Force seriously imagining a category to denote "Straight Ally" on any actual hypothetical future Census. I suppose it is included on this sticker solely to enlist heterosexual, cissexual people who may want to show their support for the program. Nonetheless, on a hypothetical future Census form that asks about sexual orientation and/or gender identity, it is likely that one will be asked to affirm a heterosexual identity if he or she feels it to apply to them. Which leads to more interesting questions. Could a bisexual person, feeling uncomfortable with that term, simply check both "gay" and "heterosexual"? Would any trans persons be allowed to count as heterosexual?

By this time it should be obvious that these terms are almost nonsensical from a demographic perspective. They would prove confusing in this context for LGBT and non-LGBT persons alike. But, even putting aside the truth of this fact, there are deeply philosophical objections to requiring people to denote their sexual orientation and/or gender identity on a government-mandated Census form.

The first of these objections is that gender identity and sexual orientation are much more fluid concepts than we often like to admit. And whatever journeys we take as individuals to arrive at our preferred labels are highly personal and often fraught with confusion and questioning. Many people who later come to identify as gay or lesbian go through periods beforehand of exclusively dating members of the opposite sex. Some people who later come to identify as heterosexual may even go through periods where they identify as gay, lesbian, or bisexual. Many bisexuals in particular have an especially uneasy relationship with labels denoting sexual orientation.(It should be noted that, more often than not, this is not due to a higher than average sense of confusion on the bisexual's part but due to the inadequacy of existing labels to describe our attractions, allegiances, and experiences.) An individual trans person may also go through periods in which they identify as members of one sex, then another, or even outside of the gender binary altogether at different points in time. But when it comes to filling out an official government document that one is required to fill out by law as honestly as he or she can, these factors can causes real problems for LGBT and even heterosexual, cissexual people. In a worst case scenario, they could perhaps even lead the government to prosecute people for "lying" on their Census forms when it comes to these issues.

The second of these objections relates to the second class citizenship our government currently forces on LGBT persons. In the current political climate, it is entirely possible that coming out on our Census forms could be used against us individually and/or as a community. It would seem to me to be deeply inappropriate for our government to deny us the right to form families of our choosing, to serve in our nation's military as openly LGBT persons, and to work, go to school, or seek housing free of harassment and discrimination but force us to out ourselves on our Census forms. It could be especially problematic for rural LGBT persons who may be one of the only LGBT persons or even the only LGBT person in their communities when this demographic data is published, potentially outing them to their communities without their full consent.

Allow me to illustrate one more problematic aspect of this "queer the Census" business with a personal story. In her beautiful book "Whipping Girl: A Transsexual Woman on Sexism and the Scapegoating of Femininity," writer Julia Serano explains that she has never identified her sex or entered a gendered space in an unselfconscious way in her entire life. And when it comes to sexual orientation, I can relate to her experience. When I first joined Facebook my freshman year of college, I did not check either the male box or the female box to denote "Interested In" because I was not yet comfortable embracing a bisexual identity but did not want to embrace a solely heterosexual identity either, because it felt dishonest. When I later applied to law school my senior year of college, I was in a transitional period regarding how I identified my sexual orientation. I was out as bisexual to only one friend. It was a term I was slowly beginning to feel belonged to me, but I did not yet claim it fully in the sense that I do now.

On one particular law school application I was asked to check a box if I identified as LGBT. There was no opt-out option; no box to check if you just weren't comfortable with the question and preferred not to respond. At this point in my life - when I had yet to date a woman, when I had yet to involve myself to any great extent with the gay community, when I had yet to tell my parents or aunt or most of my friends or to make things public on Facebook - to identify as LGBT seemed to me to be on some level dishonest. Similarly, not to check the box would mean to deny something I knew about myself on a molecular level and to essentially identify myself as heterosexual - a term I have never felt applied to me since I was thirteen years old. So I just didn't apply to that law school.

As members of the LGBT community, it is vital that we insist that no one be forced to come out except on his or her own terms - not on the terms of the government, not on the terms of the LGBT community, not on the terms of a heteronormative society, not on the terms of schools or families or churches or jobs. On terms they set completely for themselves as individuals.

There are many important aspects of our identity - such as religious affiliation - that the U.S. Census Bureau does not ask us about and I venture that sexual orientation and gender identity should be among them. It is entirely possible that, as LGBTI people, we comprise such a diverse rainbow of sexual orientations, gender identities, gender expressions, and physical characteristics that there are no boxes in this world that we can or should be forced to fit into.