commentary
Skating on thin ice in Torino?
Published Thursday, 23-Feb-2006 in issue 948
BEYOND THE BRIEFS: sex, politics and law
by Robert DeKoven
While millions of Americans watch the 2006 Winter Olympics, they would have to be naïve and in denial not to realize that many of those gifted athletes are gay and lesbian. Unfortunately, none of the “Olympic Village People” will say otherwise.
Outsports.com has been a terrific source of the “gay” Olympics story. And in the area of figure skating, particularly with regard to men’s skating, the story is disturbing.
The site notes from insiders that there are “gay men competing in Torino, including some who consider themselves to be out in their personal lives – but not one who will say so on the public record.”
The estimated amount of gay male figure skaters ranges from 25 percent to nearly 50 percent. But the men do everything to portray a straight image, including dating faux girlfriends.
Outsports reports that skaters fear that many of the officials, judges and skating federations, especially in the U.S., make it clear that they prefer male skaters to be straight and to look “masculine.” They will be harsher on effeminate-looking skaters when it comes to giving marks or desirable competitive assignments. Gay skaters believe that some judges are homophobic.
Yes, we’re talking about figure skating, what some say is the “gayest sport in America.” Even Jay Leno noted it on a show: “Shawn White, who won a gold medal in snowboard competition, was hoping the gold medal might attract Sasha Cohen…. No word from Sasha, but eight male skaters have called him.”
Well, apparently, the gay skaters have reason for concern because there has been some history of blatant homophobia in the U.S. Olympic Committee (USOC).
“The estimated amount of gay male figure skaters ranges from 25 percent to nearly 50 percent. But the men do everything to portray a straight image….”
Thirty years ago, U.S. Olympic officials took the San Francisco Athletic Association all the way to the U.S. Supreme Court when it tried to use the term “Gay Olympics” for what was then a group of less than a hundred people. Think Wal-Mart suing a lemonade stand.
Unfortunately, in 1986, the U.S. Supreme Court had ruled (5-4) that it was fine for states to imprison gays and lesbians for having sex in their own homes. Lawrence v. Texas overruled that case, Bowers v. Hardwick, two years ago.
And one year after Bowers, in 1987, virtually the same five justices (who voted to allow states to jails gays and lesbians) held that the United States Olympic Committee had the right to deny what is now the Gay Games to use the term Gay Olympics. Four members of the court disagreed, and found that the USOC was probably discriminating against gay and lesbian athletes simply because of their sexual orientation.
The USOC, of course, has authorized the use of the word “Olympic” to organizations that sponsor athletic competitions and events for mentally challenged persons (“Special Olympics”), physically challenged persons (“ParaOlympics”) and for youth (“Junior Olympics” and “Explorer Olympics”). But USOC refused to let the San Francisco Athletic Association use the term, even though openly gay and lesbian athletes have faced some of the biggest challenges simply because of their genetic makeup.
The court majority found that Congress granted the USOC the exclusive right to allow the use of the term “Olympic.” Unbelievably, it found that allowing “Gay Olympics” could undercut the USOC’s efforts to sell products. (Like Joe Sixpack would buy a “Gay Olympics” ball cap because it’s cheaper than the regular ones.)
Four members of the court, pretty much the same four who would have struck down the sodomy statute in Bowers, found that congressionally created interdependence between the United States Olympic Committee and the United States made it relatively clear that the USOC is an agency of the federal government. As such, it cannot pick and choose which groups can use the term “Olympic” simply on the basis of the group’s stated expression. In short, it was as if the federal government was discriminating against gay and lesbian athletes.
Twenty years later, the Gay Games will take place in Chicago in July. And you will see “Olympic” and NCAA athletes attending and competing. Nevertheless, you won’t see the same at the 2006 Winter Olympics, where there are no openly gay or lesbian athletes.
One skater, Johnny Weir, skates on the edge. Here’s what he said on a fan site in response to whether he was worried about being perceived as gay: “People talk. Figure skating is thought of as a female sport, something that only girly men compete in. I don’t feel the need to express my sexual being, because it’s not part of my sport and it’s private. I can sleep with whomever I choose and it doesn’t affect what I’m doing on the ice, so speculation is speculation. … I am who I am, and I don’t need to justify anything to anyone.”
Robert DeKoven is a professor at California Western School of Law.
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