commentary
Gay-baiting time in politics
Published Thursday, 25-May-2006 in issue 961
BEYOND THE BRIEFS: sex, politics and law
by Robert DeKoven
I’m writing this column at a time when no one can watch TV without being besieged with TV ads about the 50th Congressional District race. And even though the district voters are more concerned with immigration, gas prices and the war on terror, Brian Bilbray’s record on some issues of concern to gay voters may sway the election.
The national media has focused attention on the special election to fill the congressional seat vacated by Randy “Duke” Cunningham. Francine Busby and Brian Bilbray are battling it out for the 50th District seat. One or more of several millionaires who ran for the seat could re-enter the race, in part because of Bilbray’s past support of some gay issues.
The San Diego Democratic Club has endorsed Busby and Log Cabin Republicans has endorsed Bilbray. Busby is far more likely to vote in support of gay equality. Yet Bilbray, while a Congress member, did receive praise and support from the Human Rights Campaign. But then, as Bilbray says, he did represent a congressional area much more moderate than the 50th.
Bilbray faces the problem that all local moderate Republicans face: dealing with the right-wing fringe of the Republican Party. Unless one supports jailing gays and lesbians (i.e., overruling Lawrence v. Texas), there’s no pleasing this group – and there’s hell to pay.
Late last year, the California Legislature passed a bill suggesting that candidates for public office sign a voluntary pledge against gay-baiting. In essence, the bill simply asked candidates opposed to gay rights to remain civil. The governor vetoed the bill on freedom of speech grounds.
The governor was probably right. The bill was a “feel good” measure that we hoped would send a message to candidates throughout the state. Candidates can certainly oppose gay rights. But it’s quite another thing to resort to ugly tactics that would be highly offensive to most reasonable folks.
In the next few weeks, Congress will take up a number of gay-related issues, including same-sex marriage and hate crimes. Conservatives seek to get incumbents (almost all Democrats) to go on record in support/opposition to an amendment banning any state from recognizing same-sex marriage.
As Laura Bush noted last week, same-sex marriage shouldn’t be campaign fodder. She probably also knows that Mary Cheney, daughter of Vice President Dick Cheney, should have equal rights. Or, at the very least, Mary’s children (Dick and Lynn’s grandchildren), shouldn’t have to suffer because of their parents’ sexual orientation.
“One or more of several millionaires who ran for the seat could re-enter the race, in part because of [Brian] Bilbray’s past support of some gay issues.”
Nevertheless, just as 12 million “undocumented immigrants” were the scapegoats a few weeks ago (threatened with deportation or imprisonment), it’s time to pick on gays and lesbians and their straight children. Let the gay-baiting begin. Any photos around of two ugly men (who look like child molesters) hugging around a wedding cake?
A little bit of this could be coming through now in the Busby/Bilbray race. Ironically, both candidates oppose same-sex marriage. But because Bilbray has supported some gay issues in the past, he’s not conservative enough and is red meat for gay-baiting.
Here’s what I mean. The San Diego Union-Tribune reported that, while seeking re-election to his former House seat, Bilbray was apparently stalked by anti-gay conservatives.
The paper reported that Brian Boswell, an activist with the National Rifle Association, takes credit for helping to defeat Bilbray (by Susan Davis).
“Boswell and several other NRA activists waved silk handkerchiefs at Bilbray when he was at public engagements and shouted: ‘Yoo-hoo! Yoo-hoo!’ to show that they felt Bilbray paid more attention to gay rights issues than gun issues.
Imagine two Klansmen attending events in “black face” to mock Bilbray for his support of civil rights. No one attending would tolerate the behavior, even if the First Amendment protects it. There are limits to political scathing, but they don’t yet seem to apply to baiting gay people.
One of the worst was when, yes, Roger Hedgecock, ran for mayor in the ’80s and courted the gay vote. Some didn’t like that. Stickers appeared showing two stick figures engaged in anal sex, below the note: “No fag mayors.” The tactic was so offensive that it actually helped Hedgecock.
But that’s not the usual case because the gay-baiting is more subtle and often effective. Which candidate supports the “radical, extremist, anti-family agenda?” Sound familiar?
Robert DeKoven is a professor at California Western School of Law.
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