Pod people: Can the MSM find centrists in gay-rights wars?

As a journalist, there are few things that I find more interesting than listening to the views of liberal thinkers who ask questions that make liberals nervous, or upset, and conservative thinkers who ask questions that make their fellow conservatives nervous, or upset.

As a rule, I am pro-sweaty palms when it comes time to cover heated debates in the public square.

Thus, I have long been fascinated with the following passage in an essay at The Advocate by the gay commentator Jonathan Rauch. This is a rather long section of the piece, in which he discusses strategies in support of gay marriage, yet taking religious liberty concerns into account:

Two important strategic changes would go a long way toward doing that. First, accept legal exceptions that let religious organizations discriminate against gays whenever their doing so imposes a cost we can live with. Second, dial back the accusations of “bigot” and “hater.”

In the gay community, taking any kind of nonabsolutist attitude toward discrimination is controversial, to say the least—largely because we carry in our heads the paradigm of racial discrimination. In today’s America, though, the racial model is overkill for gays. Injustice persists, unquestionably, but the opposition is dying on its feet and discrimination is in decline. And, unlike white supremacism, disapproval of homosexuality is still intrinsic to orthodox doctrines of all three major religions. That will change and is already changing (younger evangelicals are much more accepting of same-sex relations than are their parents), but for now it is a fact we must live with.

Before we shrug and reply, “So what if it’s religious? It’s still bigotry, it’s still intolerable,” we need to remember that religious liberty is America’s founding principle. It is embedded in the country’s DNA, not to mention in the First Amendment. If we pick a fight with it or, worse, let ourselves be maneuvered into a fight with it, our task will become vastly harder.

Rauch wrote that in 2010 and I have wanted to write a column about that essay ever since.

Here was a prominent gay voice advocating a strategy for compromise that would (a) make it more likely for the gay-rights cause to survive a U.S. Supreme Court test and (b) one that undercut some of the arguments made by the more radical voices on the cultural right, simply by conceding that religious-liberty concerns are real in these debates. He is calling for gay-marriage, or civil gay unions, with conscience clauses strong enough to protect religious organizations, very broadly defined, and the rights of individual religious believers. In effect, he is saying to the cultural left, “We are winning. We must not botch this.”

So I wrote a Scripps Howard News Service column on this topic, focusing on the potential for compromises that protect religious liberty. The column was also inspired by the recent blue-sky remarks by Catholic conservative George Weigel, in which he suggested that it might be time for the Catholic Church — yes, and by implication religious traditionalists in other flocks, be they Jewish, Muslim, Protestant or whatever — to get out of the business of signing off on civil marriages, period.

All of this ended up being the hook for this past week’s Crossroads podcast. Click here to listen to that.

Meanwhile, Rod “friend of this blog” Dreher responded with the sad, but realistic note, that recent events have made Rauch’s commentary even less mainstream, on the left, than it was when he wrote it.

Yes, there is a religion-news, mainstream journalism hook in what Dreher has to say.

Rauch is right, but he’s not as right today as he was in 2010, when he wrote that piece for The Advocate. By which I mean that I don’t think it’s nearly as much of a liability to gay rights supporters to be seen as religious liberty opponents as it once was. That’s in part because the mainstream media have not explored the inherent clash between gay rights and religious liberty, and conservatives opposed to gay marriage have for some reason chosen not to make much of an issue of it.

It is certainly true that the loudest voices on the cultural right have been just as reluctant to talk about compromise as the liberal voices involved in all of these shouting matches.

So what’s up with the rest of my Scripps Howard column? In this case, I think — to set the stage for the podcast — the best thing I can do is run the second half of my piece, which focuses on the views of a conservative who is studying the compromises and then on the views of another pro-gay marriage thinker who also sees the reality of the coming high-court showdown on religious liberty.

So here goes, opening with the viewpoint of Stanley Carlson-Thies, director of the Institutional Religious Freedom Alliance, that Weigel’s strategy is powerfully symbolic, but beside the point.

Even if traditional religious leaders attempt to legally separate Holy Matrimony from secular marriage, it is still the government’s definition of marriage that will decide a variety of issues outside sanctuary doors, especially in public life.

“The other question, ” he said, “is whether those on the cultural left will be willing, at this point, to settle for civil unions. … We will need people on both sides to work together if there are going to be meaningful compromises.”

One divisive issue in these gay-marriage debates overlaps with current fights over White House mandates requiring most religious institutions to offer health-care plans covering sterilizations and all FDA-approved forms of contraception, including so-called “morning-after pills.” These Health and Human Services requirements recognize the conscience rights of employers only if they are nonprofits that have the “inculcation of religious values” as their primary purpose, primarily employ “persons who share … religious tenets” and primarily serve those “who share … religious tenets.”

Critics insist this protects mere “freedom of worship,” not the First Amendment’s wider “free exercise of religion.”

Here is the parallel: In gay-marriage debates, almost everyone concedes that clergy must not be required to perform same-sex rites that violate their consciences.

The question is whether legislatures and courts will extend protection to religious hospitals, homeless shelters, summer camps, day-care centers, counseling facilities, adoption agencies and similar public ministries. What about religious colleges that rent married-student apartments or seek accreditation for their degrees in education, counseling or social work? What about the religious-liberty rights of individuals who work as florists, wedding photographers, wedding-cake bakers, counselors who do pre- or post-marital counseling and other similar forms of business?

These are only some of the thorny issues that worry many activists on both sides of the gay-rights divide. Law professor Douglas Laycock, then of the University of Michigan, provided this summary in a letter (.pdf here) to the governor of New Hampshire.

“I support same-sex marriage,” he stressed. Nevertheless, the “net effect for human liberty will be no better than a wash if same-sex couples now oppress religious dissenters in the same way that those dissenters, when they had the power to do so, treated same-sex couples in ways that those couples found oppressive.

“Nor is it in the interest of the gay and lesbian community to create religious martyrs in the enforcement of this bill. … Every such case will be in the news repeatedly, and every such story will further inflame the opponents of same-sex marriage. Refusing exemptions to such religious dissenters will politically empower the most demagogic opponents of same-sex marriage. It will ensure that the issue remains alive, bitter, and deeply divisive.”

So what journalistic issues should we discuss here, since your GetReligionistas strive (and often fail) to prevent folks in the comments pages from yelling at each other about the political and religious issues at the heart of these issues?

In this case, I will simply ask two two-part questions: Have you seen, in mainstream news coverage, the centrist, compromise-friendly viewpoints of people like Rauch, Laycock and others (because they are out there) and, if so, where did you see them? If you have not seen their viewpoints represented in mainstream coverage, then why is that and is that void good, in the long run, for public discourse on these crucial issues?

Enjoy the podcast.

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  • dalea

    tmatt describes Jonathan Rauch as ‘a prominent gay voice ‘, which is something I would dispute. Rauch is a fairly conservative or libertarian gay man. affiliated with the Independent Gay Forum. Which has a following of under 50 people. AFAICT, he has virtually no influence or visisbility among GLBT people and their press. The MSM has a custom of presenting only the most conservative gays in stories about GL issues, people like Raush, Dale Carpenter and Andrew Sullivan. Mainstream GL voices are ignored. It is an interesting question as to why the MSM present an obscure, little known gay man as a ‘a prominent gay voice ‘.

    It would be more useful to look at organizations like HRC, NGLTF and the numerous local groups to find out how GL people look at the issue. And, from what I have read and heard, the position taken is the traditional ‘public accomodation’ approach embodied in almost all Civil Rights legislation. This has been common practice and custom since the 1950’s. This is the position of the Gay and Lesbian Center of Los Angeles, the largest GL organization in the world. And appears to be the position of the GL press and its readers. The only presentations of Rauch’s position I have seen in the GL press were entirely negative as were the reader comments. Memory is that he is more often quoted in the MSM than among GL people. The references were in passing.

    • mollie

      What? That’s crazy. Jonathan Rauch is one of the top voices in the movement toward same-sex marriage and has been for quite some time. He works at Brookings and is an editor at The Atlantic.
      If that’s not prominent, the word has no meaning.
      It’s not even mildly disputable to call him prominent. To quote from Wikipedia:

      A critic of U.S. government public policy in general, and specifically in its relation to homosexuals, Rauch has pursued gay-related topics as an openly gay author since 1991 when he spoke out against hate crime laws in The New Republic. He is an avid proponent of same-sex marriage, which he believes will improve the quality of life of both LGBT people and married heterosexuals.[4] He co-authored an op-ed article in the New York Times that proposed the compromise of nationally recognised civil unions for gay couples, which he did with the goal of “reconciliation” with religious opponents of same-sex marriage.[5]

      Peter H. Wehner, conservative writer and director of the Bush-era Office of Strategic Initiatives, has called Rauch “the most formidable and persuasive voice for same-sex marriage.”[6]

      This is a prominent gay voice — whether he is conservative or libertarian has absolutely nothing to do with that except insofar as it has made his voice even more formidable and persuasive in the public square than a bunch of activists on the left who can be easily dismissed.

      • sari

        I think dalea’s point is that Rauch may be a prominent *media* voice, but he is not a prominent voice in the GLBTQ community. IOW, Rauch may be every bit as disconnected from that community as the media is disconnected from the religious community, even though he happens to be gay.

  • Becky

    the inherent clash between gay rights and religious liberty until more people, journalists included, come to understand that gay marriage advocacy is evangelization: the embrace of same-sex partners as parents is a religion, a morality to impose on other parents by law for the common good…

    until then, we’re nowhere near a rational discussion of the clash. In comboxes let alone newspapers. I think the controversy should be understood as a clash between two religions.

    So no insights. All the articles I read that concern gay marriage in the WSJ assume it is a done deal, no compromise necessary. There is never a discussion of the impact on children, just the impact on adults. Nobody includes a libertarian voice expressing the view that the state’s interest in marriage should be limited to keeping the-one-man-and-the-one-woman-who-produced-the-one-baby together to care for the one baby so the state doesn’t have to. Which is my view.

    If your religion says abortion is right and my religion says it is wrong, we can pass in the night. We can each teach our own children whether to consider having an abortion or not; abortion is not taught in our public schools. It’s not in the books. I don’t have to admire pictures of your abortion at work, and my child doesn’t have to admire pictures of your child’s aborted siblings during classroom sharing. Until recently, my tax dollars didn’t have to pay for your abortions.

    If your religion says gay marriage is right and my religion says it is wrong, we cannot pass in the night. We cannot each teach our own children whether to consider marrying someone of the same sex or not; family arrangements are taught in our public schools. There are quotas for pictures and stories in all of the textbooks. I will have to admire your spouse and celebrate your anniversary at work lest I risk creating a hostile work environment. Teachers will enforce admiration at classroom sharing time at school.

  • If your religion says gay marriage is right and my religion says it is wrong, we cannot pass in the night.

    The Roman Catholic Church teaches quite clearly that divorce is not possible and a “re-marriage” is nothing of the sort; people who get a civil divorce and marry someone else are cohabiting and/or committing adultery. Yet I have never heard of anyone being charged with creating a hostile work environment for saying this. Is discussion of divorce in public school ‘evangelization’?

    Journalists should certainly cover the fact that people believe that “gay marriage advocacy is evangelization”, but they should also ask questions like the above, too.

  • Does David Blankenhorn count as a ‘marriage moderate’?