E.J. Graff

Hurrah for Small Victories: The Perry Decision Is Just Right

I loved the Ninth Circuit decision yesterday, in part for all the reasons Garrett Epps outlines so brilliantly here . It was perfect. It didn't overreach. It was confined to California's very peculiar circumstances. As I wrote in The Nation last year, this is precisely what the LGBT advocates have been privately hoping for: a decision that did not make the broad claim that same-sex couples have a right to marry in every state across the country. The LGBT legal groups won't tell you this openly, but what they really want is for the carefully planned Gill , Pedersen , and Windsor challenges to the Defense of Marriage Act (DOMA) to hit SCOTUS first. Those cases don't ask for a federal ruling on our right to marry. Rather, they say: States have already declared these couples married. That's what states do. The federal government doesn't get to pick and choose which marriages it wants to recognize. So I've been hearing from nongay supporters of LGBT rights who ask: Why not? Why didn't you...

Fight to Be Ordinary

AP Photo/Jim Rogash
Recently, someone asked me what it felt like to be married in Massachusetts. After all, our state has had marriage equality longer than any other in the nation, since May 17, 2004 (which, not coincidentally, is the 50th anniversary of Brown v. Board of Education ). How does the controversy manifest these days? He was clearly surprised by my answer. And because the issue is current, I thought I'd try to explain what it feels like to you, too. But first, the background. Today the Ninth Circuit will issue a decision in Perry v. Brown . You remember Perry ; it's the best-known of the more than half a dozen federal court marriage-equality challenges now underway. Brought by celebrity lawyer team David Boies and Ted Olsen, this challenge would overturn California's Proposition 8 and reinstate same-sex marriages in California—although everyone expects the case to go either en banc or straight to SCOTUS before anything is final. (Chris Geidner has more background here .) Perry is not my...

Planned Parenthood Wins the Komen Showdown

AP Photo
Remember last week's Komen kerfuffle? (OK, it was more than a kerfuffle, but I love that word.) Katha Pollitt, among others, noticed that the breast-cancer-awareness group's apology for dropping Planned Parenthood from its future grantees was at best ambiguous . She too sees this as a clear win for Planned Parenthood: We hear so much anti-choice propaganda, we may not always remember that, actually, Planned Parenthood is not sketchy and controversial out there in mainstream America. It is beloved. Beloved. Note the relief- and gratitude-saturated testimonies like the ones collected practically overnight by the social media activist Deanna Zandt at the Tumblr site Planned Parenthood Saved Me . And it is beloved most of all by women who care a lot about women’s health—among whom Komen volunteers figure prominently. Breast cancer activism began as a feminist cause, after all: the initial impetus, back when Komen was founded in 1982, was the silence and shame surrounding the disease, the...

Has Komen Reversed Course?

Here's the statement that Komen for the Cure has released explaining its new position. I've bolded some parts: We want to apologize to the American public for recent decisions that cast doubt upon our commitment to our mission of saving women's lives. The events of this week have been deeply unsettling for our supporters, partners and friends and all of us at Susan G. Komen. We have been distressed at the presumption that the changes made to our funding criteria were done for political reasons or to specifically penalize Planned Parenthood. They were not. Our original desire was to fulfill our fiduciary duty to our donors by not funding grant applications made by organizations under investigation. We will amend the criteria to make clear that disqualifying investigations must be criminal and conclusive in nature and not political. That is what is right and fair. Our only goal for our granting process is to support women and families in the fight against breast cancer . Amending our...

Contraception, Co-Pays, and the Church

The Obama administration took some hits last week after it announced that employers with religious affiliations would not be exempt from the Affordable Care Act's mandate to cover preventive services without a co-pay—including contraception. At The Washington Post , E.J. Dionne* was quite peeved at the administration's insensitivity to the Catholic Church. Yesterday, the White House set up a news media conference call with senior administration officials to go over the decision's basic talking points. When I asked for a link, they pointed me to the following White House blog post , written by Cecilia Muñoz. Let me excerpt the bullet points, which are essentially what was covered in the call: Churches are exempt from the new rules: Churches and other houses of worship will be exempt from the requirement to offer insurance that covers contraception. No individual health-care provider will be forced to prescribe contraception : ... For example, no Catholic doctor is forced to write a...

Shattering the Susan G. Komen Pinkwashing

AP Photo/Matt Rourke
By now you know that, two days ago, the anti-breast-cancer behemoth Susan G. Komen for the Cure announced that it would no longer fund some Planned Parenthood affiliate's breast-cancer screenings: Planned Parenthood said the Komen grants totaled roughly $680,000 last year and $580,000 the year before, going to 19 of its affiliates for breast-cancer screening and other breast-health services. According to Planned Parenthood, its health centers performed more than 4 million breast exams over the past five years, including nearly 170,000 as a result of Komen grants. Jeffrey Goldberg over at The Atlantic reports that, as everyone immediately assumed, Komen was buckling to pressure from anti-abortion activists and staff: Komen, the marketing juggernaut that brought the world the ubiquitous pink ribbon campaign, says it cut-off Planned Parenthood because of a newly adopted foundation rule prohibiting it from funding any group that is under formal investigation by a government body. (Planned...

Cynthia Nixon Clears It All Up

Poor Cynthia Nixon ! I can only imagine what kind of re-education camp she's been sent to since a week and a half ago, when she declared that she chooses to be gay. Yesterday, she issued a clarifying statement saying that: to the extent that anyone wishes to interpret my words in a strictly legal context I would like to clarify: While I don't often use the word, the technically precise term for my orientation is bisexual. I believe bisexuality is not a choice, it is a fact. What I have 'chosen' is to be in a gay relationship. As I said in the Times and will say again here, I do, however, believe that most members of our community—as well as the majority of heterosexuals—cannot and do not choose the gender of the persons with whom they seek to have intimate relationships because, unlike me, they are only attracted to one sex. It's worth reading the full statement. It struck me as slightly cranky in tone, as if written with some resentment that she would have to repeat what she said in...

Frank Bruni on Whether We're "Born This Way"

Over the weekend, Frank Bruni at The New York Times weighed in on the internal LGBT community scuffle that Cynthia Nixon set off last week. Why are people gay? Nature, nurture, culture, choice, or some fluid combination thereof? I laid out my point of view here last week: Given that researchers have found women's sexuality to be more fluid than men's and that sexuality is defined and organized differently in different times and places, I wondered whether, in our time, men's appears more fixed because they face the fierce cultural pressure of the masculinity patrol . Bruni writes : Born this way. That has long been one of the rallying cries of a movement, and sometimes the gist of its argument. Across decades of widespread ostracism, followed by years of patchwork acceptance and, most recently, moments of heady triumph, gay people invoked that phrase to explain why homophobia was unwarranted and discrimination senseless.... But is it the right mantra to cling to? The best tack to take...

Friday Miscellany

It's Friday! Time for a little bit of this, a little bit of that: Barney Frank is engaged! How sweet is that? Chris Geidner at MetroWeekly put up this : The two have been together since the spring of 2007, according to Frank's office. [Jim] Ready, who is 42 years old, lives in Ogunquit, Maine, where, per Frank's office, he has a small business doing custom awnings, carpentry, painting, welding and other general handyman services. He also is a photographer. And yet, ironically enough, the retiring U.S. Congressman's marriage won't be recognized by federal law. If (god forbid) Frank should predecease Ready any time soon, his widower will have no rights to collect the spousal benefit of his husband's federal pension. In fact, as Geidner writes: One of the plaintiffs in the Gay & Lesbian Advocates & Defenders's ongoing lawsuit challenging Section 3 of DOMA, Gill v. Office of Personnel Management , actually is the same-sex widow of a former member of Congress. Although they married...

Cynthia Nixon, Gay and Proud

AP Photo/Robert Mecea
I'm one of fourteen Americans who has never watched an entire episode of "Sex and the City." The high heels and extreme grooming, the squealing girl talk, the pursuit of men—booooring. Give me a rerun of The Wire any day. So I had to be brought up to cultural speed when Cynthia Nixon, who played the show's sexy lawyer Miranda, made a little splash in The New York Times Magazine this past weekend by saying that, for her, being gay is a choice. Of course, the preferred LGBT movement line is that we were all "born this way"—and so her comments sent the Maoist portions of the LGBT thought police into an angry buzzing fury. Here's the relevant article, which is long because it is extremely thoughtful: I gave a speech recently, an empowerment speech to a gay audience, and it included the line ‘I’ve been straight and I’ve been gay, and gay is better.’ And they tried to get me to change it, because they said it implies that homosexuality can be a choice. And for me, it is a choice. I...

The Difference Between Viagra and The Pill

Starting in August, women will no longer have to pay more than men for the prescriptions (the Pill, Viagra, Cialis) that enable them to have active sex lives. That was the big news this past Friday, when Department of Health and Human Services Secretary Kathleen Sebelius declared that almost* all employers must now pay for contraception in their health plans under the Affordable Health Care Act's requirement that insurers cover all preventive services. No co-pays. No deductibles. Whether or not women should pay for having sex—whether financially or through pregnancy—has been, shall we say, a hot topic for centuries. In the late 19th and early 20th centuries, the U.S. birth rate dropped dramatically because of new technologies (rubber condoms, that invention of Goodyear). Teddy Roosevelt decried contraception as "race suicide." Margaret Sanger went to jail for keeping women from withering and dying from gestating and delivering one after another bundle of joy. Late-19th- and early-20th...

Best New York Times Caption Ever

A typo in the caption of this New York Times photo raises questions about the nature of war. Isn’t that how wars start? Someone tells a story about what happened to them. Another person tells a different story. And so a fissure forms and widens. Fiction between ostensible allies leads to disasters. Honesty is the best policy.

Colbert Does "It Gets Better"

Nerve is featuring Stephen Colbert's " It Gets Better " video. They're amazed that he can be straightforward and without irony. I'm more impressed with the friend he mentions, who turned around to a bully who was calling him queer and said ... well, watch it . Stephen Colbert's "It Gets Better" Video Colbert shares a personal story of bullying. Log in or register to post comments It reminded me of a woman I knew who, when being gay-baited by some kids on a Cambridge street back in Ye Old Bad Days, turned around and said, "That's Mr. Dyke to you." How cool is that?

Sex, Preaching, and Abortion

AP Photo/Orlin Wagner
You know the colloquial definition of "chutzpah" as well as I do: the man who murders his parents and then throws himself at the mercy of the court because he's an orphan. As you know by now, our good buddy Newt is steadily exercising more chutzpah than our homicidal orphan. Do you remember that, way back while he was trying to impeach President Bill Clinton for, um, perjury, Newt Gingrich had to resign as speaker because he was cheating on Marianne? And now he is shocked that the liberal media would bring all that up, despite his career as a moral scold . ("Liberal media" is one word, just like "gays in the military" once was.) He prayed it all away, OK? 'Nuff said! Ah, just another entertaining moment in the sideshow we call the primaries. But while you were snorting out your coffee over Newt's antics, the Guttmacher Institute announced that the drop in the world's abortion rate has stalled. (Guttmacher is generally respected as the most accurate and nonpartisan source of...

Food-Stamp President?

So it turns out that I can still be shocked by public discourse. Yes, South Carolina is famous for primaries with dirty tricks and low blows; one almost looks forward to it, wondering what they'll do this time around. But my jaw dropped when Newt Gingrich called Barack Obama the " food-stamp president ." Wait—is that a dog whistle I hear? I'm not always fond of Chris Matthews , but he sure did nail it: Everyone can hear the whistle now, not just the Southern racists of yore. We know the connections being made about race, laziness, welfare queens, and all the rest. And it's shocking to hear it out loud. Over the weekend, Lee Siegel published an essay in The New York Times positing that Romney is, essentially, running as white—whiter than white, really, as white as you can get, free of Catholicism, cosmopolitanism, zealotry, adultery, or any other pollutant: Of course, I’m not talking about a strict count of melanin density. I’m referring to the countless subtle and not-so-subtle ways...

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