Skip to main content

New top story from Time: The U.S. Can’t Move Forward on LGBTQ Rights Without Reparations

https://ift.tt/3xVzUmd

It is generally hard to know when a social revolution has achieved its goals. In the case of the American gay rights revolution, however, it appears that this is an easy one to call. At least as far as the national media is concerned, the view that gay rights have been decisively won has become conventional wisdom. Victory: The Triumphant Gay Revolution is one of the best-known journalistic accounts of the struggle for gay rights in the U.S. That book’s premise is pointedly echoed by a 2019 article in The Atlantic titled “The Struggle for Gay Rights is Over.” But America’s gay rights revolution seems unfinished or incomplete in the absence of a national reckoning with the country’s shameful history of systemic discrimination and violence towards the LGBTQ community. The absence of this reckoning makes the U.S. an outlier among Western democracies with a history of repression of homosexuality.
[time-brightcove not-tgx=”true”]

In recent years, the idea of “gay reparations,” broadly understood as policies intended to make amends for the legacies of systemic gay discrimination and violence, has become something of a global phenomenon. In 2017, the British Parliament enacted Turing Law, a legislation that conveyed an apology and a posthumous pardon to those convicted of “gross indecency,” a criminal charge intimately associated in British history with the persecution of gay men since the Victorian era. It honors Alan Turing, the famed computer scientist credited with breaking German military codes during World War II. In 1952, Turing was convicted of gross indecency, after confessing to a homosexual relationship with another man, and forced to undergo chemical castration. Britain’s example has been emulated by Ireland, Canada, and New Zealand. Germany has offered financial compensation to those who faced prosecution under Paragraph 175, the infamous portion of the German Penal Code that criminalized same-sex attraction dating to 1871; it also built a national monument to the victims of the so-called “Gay Holocaust,” the unknown number of gay males who perished in Nazi concentration camps. As part of a policy of “moral rehabilitation,” Spain has pledged to wipe clean the criminal records of some 5,000 gays and lesbians imprisoned under the homophobic laws of the Franco regime.

Given the variety of gay reparations available, which one should the U.S. embrace? For the Mattachine Society of Washington, D.C., the most prominent American organization demanding gay reparations, the United States should emulate the British example. In particular, the “Mattachines,” whose name references a pre-Stonewall gay rights organization that fought for acceptance of homosexuality within the legal and medical establishments, want an acknowledgement and an apology from the US Congress for the Lavender Scare, the witch-hunt of homosexuals triggered by President Dwight Eisenhower’s 1953 executive order banning “perverts” from working in the federal government. That order occasioned the firing of thousands of federal employees on the suspicion of being homosexuals and forced many to undergo lobotomies, insulin-induced comas, and gay conversion therapy with the aim of changing their sexual orientation at federal institutions such as Washington, D.C’s St. Elizabeths Hospital. An acknowledgment and apology, the Mattachines contend, will be a giant step toward realizing “full citizenship” for gay people, a type of ethical citizenship that is not only concerned with rights and responsibilities but also with repairing indignity and degradation.

It’s hard to disagree with the Mattachines’ demand for an apology not only for the Lavender Scare, but also for the many other indignities and degradations that the American gay community has endured at the hands of the government, such as “don’t ask, don’t tell.” That notorious 1993 policy forced gays and lesbians to keep their homosexuality a secret if they wished to remain in the military. By the time it was lifted in 2011, some 13,000 service men and women had been dismissed from their jobs for their unwillingness to comply with the policy. As suggested by the Western European experience, an apology to the LGBTQ community is often a gateway for other reparations, including rehabilitation and compensation. Moreover, an apology would be grounded in historical precedent, an important point since it would lend legitimacy to the apology. Past apologies in American history include the Acknowledgement and Apology for Mistreatment of Native Hawaiians (1993); the Acknowledgement and Regret for the Chinese Exclusion Laws (2012); the apology given to Japanese Americans sent to internment camps during World War II (1988); and the apologies for the institution of slavery and Jim Crow laws issued by the House of Representatives (2008) and the Senate (2009).

Finally, as the most popular and least controversial form of gay reparation, an apology is unlikely to trigger a backlash from the traditional foes of the LGBTQ community. The Christian Right has met every gay rights breakthrough in American history with a vigorous pushback. After the 1969 Stonewall Riots, the touchstone of the contemporary gay rights movement, moral crusaders like Phyllis Schlafly, Anita Bryant, and Jerry Falwell declared war on homosexuality. Lawrence v. Texas, the 2003 Supreme Court decision that struck down all remaining sodomy laws across the US, launched a wave of state constitutional amendments banning gay marriage and an unsuccessful attempt to ban gay marriage in the US Constitution. Obergefell v. Hodges, the Supreme Court decision that legalized gay marriage, triggered the claim that marriage equality would undermine the civil rights of Christians. This claim, in turn, gave rise to “religious freedom restoration laws” intended to address “Christian victimization.” These laws allow for discrimination against LGBTQ people as long as this discrimination is rooted in sincerely held religious beliefs.

All of this said, gay reparations in the U.S. should not begin and end with an apology. Any apology or act of remorse should be supplemented with a truth commission tasked with chronicling the systemic discrimination that the LGBTQ community has endured over the course of American history. Truth commissions are nonjudicial bodies entrusted with the task of investigating a particular event or history, usually one involving human rights abuses, premised on the view that shedding light on the truth is critical to overcoming trauma, to say nothing of avoiding history repeating itself. In some cases, a truth commission is a means to an end, as was the case of the truth commission that investigated Argentina’s infamous Dirty War. The commission’s final report, Nunca Más (Never Again), opened the way for the successful prosecution of the top brass of the Argentine military on human rights charges. But in other cases, as in South Africa’s Truth and Reconciliation providing an unvarnished chronicle of the truth (usually from the victims’ perspective) is an end in itself.

Brazil and Canada provide contrasting examples of how a truth commission can be employed to make amends to the gay community. In 2011, the Brazilian Congress created a truth commission to examine the human rights abuses committed by the military regime in place between 1964 and 1985. Due to the insistence of activists, the Commission became the first one in the world to incorporate LGBTQ repression. Presented in 2014 to President Dilma Rousseff (herself a victim of the military regime), the final report found that: “Although there was no formalized and coherent state policy to exterminate homosexuals, the state’s ideology of national security clearly contained a homophobic perspective that represented homosexuality as harmful, dangerous, and contrary to the family. This view legitimized direct violence against gay people, violations of their rights and of their way of living and socializing.”

Canada’s gay reparation policies were set into motion by “Grossly Indecent: The Just Society Report,” an accounting of the repression of sexual minorities in Canadian history released in 2017 by the Egale Human Rights Trust, Canada’s leading LGBTQ organization. At the heart of the report was the so-called “gay purge,” a policy of government-sanctioned discrimination that lasted until the 1990s, and that caused thousands to lose their government jobs and face prosecution because of their sexual orientation and gender identity. The report demanded that Prime Minister Justin Trudeau apologize to the LGBTQ community and make reparations to the victims of anti-gay discrimination. In November 2017, Trudeau expressed “shame and sorrow and deep regret for the things we have done that I stand here today and say we were wrong. We apologize. I am sorry. We are sorry.” The apology came with a payout of $85 million to the victims of those purged from the government because of their homosexuality. According to Canadian media reports, the payout represents “the largest financial commitment by any national government for past wrongs committed against sexual minorities.”

Despite the seemingly uncontroversial nature of an apology to the American LGBTQ community and a truth commission to document systemic anti-gay discrimination and violence, no one should expect smooth sailing for either proposal. Reparations are inherently difficult, stemming from their perception as exclusionary and divisive. Those making the case for reparations invariably uphold themselves as a historically repressed minority deserving of reparations. Inevitably, this victimization invites others to wonder whether they, too, are deserving of reparations. In the case of the United States, discussions about gay reparations are made more difficult by the unaddressed legacy of slavery and Jim Crow laws.

None of this, however, should deter American gay activists from demanding some form of reparation. Indeed, it behooves American LGBTQ rights organizations like Human Rights Campaign and others to capitalize upon this moment of national reckoning with racial injustice to remind the public of the painful legacy of anti-gay laws, policies and practices and how this legacy intersects with other forms of oppression in American history. LGBTQ people of color are more likely to be victims of discrimination and police violence than the wider LGBTQ population. The impressive gay rights advances of recent decades–especially the legalization of same-sex marriage in 2015 and the extension of anti-LGBTQ discrimination protection under the 1964 Civil Rights Act in 2020 (all victories won at the Supreme Court) are something to celebrate and take pride in. But these victories cannot remove the stain that the history of anti-gay discrimination and violence has left on American democracy. The removal of this stain can only come from a formal reckoning with this history.

 

Comments

Popular posts from this blog

New top story from Time: John le Carré’s Silverview Is Not the Defining Final Chapter of a Literary Career

https://ift.tt/3BMuXOI When John le Carré died last December, his obituarists struck a common theme: here was a master spy novelist who, despite selling millions of books and having his work adapted for television and film , never received the recognition he deserved as a literary giant. Over six decades, le Carré drew upon his brief career in British intelligence to chronicle the decline of the U.K. as a global power and critique what he saw as an arrogant and corrupt Western neo-imperialism, typically through the perspective of those in the “secret world” of spying. His archetypal heroes were not James Bonds or Jack Reachers but often disillusioned men driven by moral values they are not certain they still believe in. What compels people to serve their country, or betray it, was a consistent theme in his work. [time-brightcove not-tgx=”true”] But just as Graham Greene —another former spy turned novelist—divided his work into “entertainments” and serious fare, so can one...

New top story from Time: Google’s Employee Vaccine Mandate Could Influence Other Companies to Do the Same

https://ift.tt/3BQnXRv (SAN RAMON, Calif.) — Google is postponing a return to the office for most workers until mid-October and rolling out a policy that will eventually require everyone to be vaccinated once its sprawling campuses are fully reopened in an attempt to fight the spreading Delta variant. In a Wednesday email sent to Google’s more than 130,000 employees, CEO Sundar Pichai said the company is now aiming to have most of its workforce back to its offices beginning Oct. 18 instead of its previous target date of Sept. 1. The decision also affects tens of thousands of contractors who Google intends to continue to pay while access to its campuses remains limited. [time-brightcove not-tgx=”true”] “This extension will allow us time to ramp back into work while providing flexibility for those who need it,” Pichai wrote. And Pichai disclosed that once offices are fully reopened, everyone working there will have be vaccinated. The requirement will be first imposed at Goog...

New top story from Time: Joe Biden’s Agenda Uncertain After Progressives Force Delay on Infrastructure Vote

https://ift.tt/39YKeQc For weeks, progressive lawmakers in Congress have been threatening to sink the bipartisan infrastructure bill if they were not given certain guarantees about a larger social spending bill. And for weeks, many of their colleagues thought they were bluffing. They weren’t. And now the fate of President Joe Biden’s agenda hangs in the balance. Progressives claimed victory Thursday night after a planned infrastructure vote was delayed following their united front to oppose the $1 trillion bill without assurances about the fate of the accompanying Democratic spending plan. The move highlighted the growing power of leftwing Democrats, and sent a strong message to the rest of their party: You can’t get one bill without the other. [time-brightcove not-tgx=”true”] “The progressive movement has not had this type of power in Washington since the 1960s,” says Joseph Geevarghese, Executive Director of Our Revolution, a political group that grew out of Vermont Sen...

New top story from Time: The Story Behind Team USA Women’s Gymnasts’ Leotards

https://ift.tt/2WpAo6G There was probably little doubt that when the U.S. women’s gymnastics team walked into the arena at the Tokyo Olympics for the team event, their leotards would embody some red, white and blue theme. And the women did not disappoint. Striding on to the mats, the four-woman team event squad resembled patriotic superheroes in their red-sleeved leotards with a white band across the chest and blue bottom. And that was the idea. Jeanne Diaz, senior designer and director of custom at GK Elite, the leotard manufacturer that for the first time made the women’s Olympic uniforms, says the theme for the leotards was Modern Warrior. “These strong…women come onto the mat like it’s their battlefield,” says Diaz. “They are ready to go, ready to fight for these gold medals and I wanted the apparel to highlight the strength of these athletes.” [time-brightcove not-tgx=”true”] Altogether, GK Elite designed eight leotards for the six-member women’s team to wear during ...

New top story from Time: ‘I Choose to Do More.’ Olympian Ashleigh Johnson Embraces Her Role As Water Polo Pioneer

https://ift.tt/3i8slne When Ashleigh Johnson —the 6’1″ star goalkeeper for America’s “best-team-you’ve-likely-never-heard-of-but-totally-should”—was growing up swimming and playing water polo in Miami, she heard racist stereotypes about Black people and pools. Other kids, parents, even people she didn’t know would tell her they were surprised she could swim. Or ask her if Black people could float. She was sometimes the only Black person around the pool. “When you’re young, you don’t really have the protective mechanisms to not internalize that story,” says Johnson, 26. “I brought those questions to my mother, and she’s like, ‘O.K., that’s not real.’ But I still held on to it a little bit. Because those are my teammates, or maybe a coach I came into contact with, who would limit my belief in myself. And I had to learn you write your own story. And the things that make you different are your strengths.” [time-brightcove not-tgx=”true”] Johnson, who in Rio became the first Blac...

New top story from Time: Afghanistan Faces a ‘Make-or-Break Moment,’ U.N. Chief Says

https://ift.tt/3FERaRq UNITED NATIONS — Warning that Afghanistan is facing “a make-or-break moment,” the United Nations chief on Monday urged the world to prevent the country’s economy from collapsing. Secretary-General Antonio Guterres also appealed to the Taliban to stop breaking its promises to allow women to work and girls to have access to all levels of education. Eighty percent of Afghanistan’s economy is informal, with women playing an overwhelming role, and “without them there is no way the Afghan economy and society will recover,” he said. He said the U.N. is urgently appealing to countries to inject cash into the Afghan economy, which before the Taliban takeover in August was dependent on international aid that accounted for 75% of state spending. The country is grappling with a liquidity crisis as assets remain frozen in the U.S. and other countries, and disbursements from international organizations have been put on hold. [time-brightcove not-tgx=”true”] “Rig...

New top story from Time: Hurricane Ida Winds Hit 150 MPH Ahead of Louisiana Strike

https://ift.tt/3jmdoyl NEW ORLEANS — Hurricane Ida rapidly grew in strength early Sunday, becoming a dangerous Category 4 hurricane just hours before hitting the Louisiana coast while emergency officials in the region grappled with opening shelters for displaced evacuees despite the risks of spreading the coronavirus. As Ida moved through some of the warmest ocean water in the world in the northern Gulf of Mexico, its top winds grew by 45 mph (72 kph) to 150 mph (230 kph) in five hours. The system was expected to make landfall Sunday afternoon, set to arrive on the exact date Hurricane Katrina ravaged Louisiana and Mississippi 16 years earlier. [time-brightcove not-tgx=”true”] The hurricane center said Ida is forecast to hit at 155 mph (250 kph), just 1 mph shy of a Category 5 hurricane. Only four Category 5 hurricanes have made landfall in the United States: Michael in 2018, Andrew in 1992, Camille in 1969 and the Labor Day Hurricane of 1935. Both Michael and Andrew were u...

New top story from Time: Ecuador Declares a Prison Emergency After 116 People Were Killed in a Riot

https://ift.tt/3CWPCQv QUITO, Ecuador — Ecuador’s president has declared a state of emergency in the prison system following a battle among gang members in a coastal lockup that killed at least 116 people and injured 80 in what authorities say was the worst prison bloodbath ever in the country. Officials said at least five of the dead were found to have been beheaded. President Guillermo Lasso decreed a state of emergency Wednesday, which will give the government powers that include deploying police and soldiers inside prisons. The order came a day after bloodshed at the Litoral penitentiary in Guayaquil that officials blamed on gangs linked to international drug cartels fighting for control of the facility. [time-brightcove not-tgx=”true”] Lasso, visibly moved by the carnage, said at a news conference that what had happened in the prison was “bad and sad.” He also said he could not guarantee that authorities had regained control of the lockup. “It is regrettable that th...

New top story from Time: Joe Biden Is Getting His Booster Shot Today

https://ift.tt/3ALygVX WASHINGTON — President Joe Biden will receive his COVID-19 booster shot on Monday, days after federal regulators recommended a third dose of the Pfizer vaccine for Americans age 65 or older and approved them for others with preexisting medical conditions and high-risk work environments. The White House said Biden, 78, would deliver remarks and receive the additional dose at 1 p.m. Monday. Biden got his first shot on Dec. 21 and his second dose three weeks later, on Jan. 11, along with his wife, Jill Biden. It was not immediately clear whether the first lady would also receive the booster dose on Monday. Speaking on Friday after the Centers for Disease Control and Prevention and the Food and Drug Administration authorized the Pfizer booster, Biden told reporters, “I’ll be getting my booster shot. It’s hard to acknowledge I’m over 65, but I’ll be getting my booster shot. ” Vice President Kamala Harris, 56, received the Moderna vaccine, for which feder...

New top story from Time: The Overlooked American Survivors of Hiroshima and Nagasaki

https://ift.tt/3CRBisk More than 75 years after the U.S. dropped atomic bombs on the Japanese cities of Hiroshima and Nagasaki on Aug. 6 and Aug. 9, 1945, roughly 136,000 people are living with the memories—and effects—of the disasters . In the U.S., specifically, there are believed to be just under 1,000 survivors. Many of these men and women ended up in Hiroshima and Nagasaki as children or young adults on those fateful days because they were visiting extended family, or had been sent to study in the country during a time of rising anti-Asian sentiments in the U.S. (It was not uncommon for families of Japanese descent in America to send their children to Japanese schools for a few years so that they would have the option to work in the country as adults.) [time-brightcove not-tgx=”true”] Hoping to raise awareness of this community, historian Naoko Wake conducted 86 interviews with members of this community for her recently published book American Survivors: Trans-P...