Showing posts with label legal discourse. Show all posts
Showing posts with label legal discourse. Show all posts

Wednesday, September 22, 2010

A Critique of Lady Gaga and her Politics on DADT

Lady Gaga has morphed, as a "pop" performer, into a "pop" politician these days as seen in her recent speech about Don't Ask Don't Tell (DADT). And I appreciate her attempt to merge the "political" imagination with the "popular" imagination these past couple weeks beginning notably with her famed "meat dress" and her guests at the VMAs.

Yet, while I appreciate her as an artist (which some will contest), a performer (which some will contest), and as a political commentator (which some, including I, will contest)...I want to take on her engagement with DADT. I, of course, will be critiqued for my critique because it is rather unpopular. To not argue for the repeal of DADT as a "gay" individual is unintelligible because it puts "me" in the camp of the "homophobe". There are in this debate, much like the marriage debate, only two sides creating a dynamic reminiscent of Bush's argument that "you are either with us or against us." I am neither with nor against though. I seek a different path illuminating that Lady Gaga is a better liberal than I am. As such, I want to re-frame the debate to perhaps open up space closed off by Gaga and her opponents (e.g. McCain).

Gaga notes in her speech, a rather thoughtful speech, that there should be a new law that actually "kicks" out the homophobic soldiers. The homophobia of individual soldiers is the problem here. The problem is not that homosexual soldiers threaten the morale of troops, but that homophobia and homophobic soldiers threaten the morale because it is their "fear" of the "homosexual" that are the issue. The issue is not the homosexual soldier - they are there to do their job - but the homophobic soldier who cannot do his/her job because of a (irrational) fear they have of homosexuality.

This makes sense and is quite compelling. Yet, it maintains the logic of shame. Gaga's "new law" maintains that shame should occur and this shame is always inevitably related to (homo)sexuality and the individual. There is no engagement with the homophobia except to remove it, to shame it. The difficult task of engaging homophobia and inevitably the issues surrounding "homosexuality" are still left untouched - namely the military. With Gaga's hypothetical law then, the logic of shaming is maintained only with the "now" the good people being restored to the place of honor.

The new law, instead of marginalizing the gay soldiers, marginalizes the homophobic soldiers (who could also be gay as homophobia is not absent from the "gay" community). The homophobe becomes the "queer" outsider while the homosexual becomes the acceptable insider whereby the homosexual soldier can feel like the "good gay" finally with the homophobe finally taking his/her place of shame. I, of course, am not arguing in support of homophobia. DADT is discriminatory, but the methods by which such discrimination is engaged are strange. What I am arguing though is that Gaga's solution is inevitably no different, no more ethical than the old law she seeks to contest.

This is not my biggest concern. My biggest concern is the irony of Gaga's position. A few months back when Gaga was being protested by the Westboro Baptist Church she told her monsters that "Although I respect and do not judge anyone for their personal views on any politics or religion, this group in particular to me is violent and dangerous. I wanted to make my fans aware of my views on how to approach, or rather not approach, these kinds of hate activists." Gaga did not seek violent reactions, but sought inaction against the protesters - allowing them to "be" outside - while inside love won out and the monsters sang. I admired Gaga's nonviolent stance and her ability to provide political commentary that did not use violence against violence.

Yet, in her talk she notes that "If you are not honorable enough to fight without prejudice, go home." The main concern of this statement is with prejudice. If you cannot fight without prejudice than you should not fight at all, you should go home. This concern is rather curious to me, in light of Gaga's oft dislike of fighting and love of, well, love. Gaga's position is strange because it does not address the issue of fighting. It argues for honorable and non-prejudical fighting. Fighting is ok, as long as it is "honorable" and without "prejudice". Gaga does not challenge the need to fight, nor does she critique the too numerous to state problems with the US Military interventions in Iraq, Afghanistan, and other locations that are far from without prejudice and some might argue, far from honorable. This is of course not to say that soldiers are not honorable, but the rhetoric used by the military via the media are problematic, limiting, and drenched in racism/xenophobia/sexism/homophobia.

It seems then that Gaga maintains an allegiance to the military in order to allow gay and lesbian soldiers to openly serve. She does not, unfortunately, argue against the military's use of sexual shame in its own campaigns against the foreign other. She addresses the homophobia that impacts individual soldiers while leaving in place the homophobia that structures the military mentality. What do I mean by this? One only has to look at Abu Gharib photos to see the ways in which the military has used sex, sexuality, and sexual shaming for its own benefit. So, while Gaga may be comfortable arguing for the inclusion of Gay and Lesbian soldier in the military, I have a problem following. I am not a good liberal. And I cannot support granting access to an institution that is fraught with problems. I see a major ethical problem arguing for people's rights to fight in battles that have in recent times been waged.


Of course this is probably an unpopular stance to take. It can be read as being disrepectful to soldiers and their families which it is not intended to be. My hope is, my argument is, that rather than merely granting access to gay and lesbian soldiers, a broader movement is necessary that challenges the necessity and operations of the military itself...because inevitably the issue with DADT as represented by Gaga is not with the miliary (and its homophobia/sexism/xenophobia), but with individual soldiers. The "military" remains untouched, uncritiqued while individual lives are shamed - be they the ousted gay/lesbian soldier under DADT or the homophobic soldier ousted due to Gaga's new (hypothetical) law.



Thursday, July 23, 2009

Legalize Gay

I recently was walking past American Apparel and saw this shirt that said "Legalize Gay". I was running late for a meeting so I couldn't stop and purchase it on the spot...I had to wait and hope that such a beautiful shirt would be still available two hours later.

It was still available two hours later. It was available in numerous colors and numerous sizes. I got a small, hoping it would shrink a little and then look super gay. But that's neither here nor there. My purchase of the shirt was done with a hint of irony. Actually, it was bought because I thought it was ridiculous and hysterical. I found it ridiculous and hysterical because I didn't get it and wondered why we should ask to "legalize gay". Of course, you, the reader, might be asking why that is odd so I will explain.

It seems odd because I am not sure how one "legalizes" an identity or perhaps why one would seek such legalization? It seems odd to ask for the government to "legitimate" an identity through legalization because specifying particular identities limits other possible identities. If I change my mind and don't want to be "gay" anymore, am I still a legal or legitimate being if I choose to "be" or "do" something different than "gay"? Such a demand seemingly limits other possibilities not yet "legalized" and as such gives the "government" the capability to delegitimate those identities that are not "legal". Along with this comes of course other areas of life that work along side the "government" such as the medical profession and education system that will also not recognize or "pathologize" those "identities" not legal - and therefore abnormal or delegitimate.

Of course, I recognize the impetus behind the shirts is in relation to Prop 8 in California and the argument to legalize "same sex marriage". Believing that if "gays" can marry, they become first class citizens, failing to see the loss that such a gain simultatenous entails. But I want to think about this in a different way. It seems odd that we "fight" to keep the government out of our bedrooms by relying on that very government to legislate such a request. We want you out of our bedrooms, but we want you in our bedrooms at the same time because we ask that you are in our bedroom so that you "see" that what we do is not "illegal" or something that will put us behind bars. Of course there are benefits to this...the legal realm provides a certain amount of possibilities - legitimate possibilities and safety from the prison. Yet, it also while producing possibilities of legitimacy, simultaneously occludes other possibilities - further marginalizing those possibilities that do not yet have "movement" to seek legitimation or possibilities that refuse to rely on the "legal" to make them legitimate. This can poignantly be seen, not in the realm of the legal, but the realm of the psychiatric where homosexuality was depathologized only to provide the space for gender non-conformity to be pathologized in the form of Gender Identity Disorder. We see in this that as the "homosexual" became officially healthy that other transgressive ways of being (i.e. a sissy boy; a manly girl) became officially 'unofficial' and deemed unhealthy.

What then does it mean to "legalize gay"? Does it mean to normalize the "gay" and move away from the arguably transgressive "nature" that was once associated with "gay" but perhaps moreso these days the "queer"? Does legalizing "gay" also normalize it to be "like them" just as some have sought the "gay" to be...we're just like you and deserve the same rights...While such a strategy provides recognition in the "traditional" sense, does it fail at changing anything? Does "legalizing" gay inevitably defeat what is most desired?

Friday, March 20, 2009

Sex and the Law

I recently attended an event, a very fine event, that engaged issues of sexuality and gender in education. During the event an attorney specializing in these issues, explored the legal terrain of LGBT rights and their relation to education. For instance, being in Michigan where there is no state anti-discrimination law, it is technically legal to fire someone for the sexual orientation or gender identity. This may not happen often and there are ways in which one can "get around" this lack (i.e. teacher unions can put a clause in the union contract). The information presented then was in many ways useful in thinking about this complex terrain. It was practical and important to be aware of and understand.

Yet, I am not a practical person. I prefer the excessive, the impractical. As I listened to these practical and important issues, I was surprised that often "sex" was either completely ignored or seen as irrelevant. I should note here that I am not talking about "sex" in terms of "biological sex" which in itself is a problematic notion, but about "sex" as in SEX, the act. I asked the lawyer why there was such an aversion to sex in the legal discourse around LGBT rights? Of course the response was, well housing discrimination has nothing to do with sex, having a job has nothing to do with sex, free speech has nothing to do with sex, sex is what happens in the bedroom...we dealt with sex with anti-sodomy laws (i.e. Loving vs. Texas - I believe). Yet, I persisted and disagreed noting that it is "sex" in part that defines sexuality and therefore "homosexuality" and sex can happen beyond the confines of the bedroom. I argued that the reason why judges perhaps operated in part in opposition to LGBT Rights or parents opposed LGBT literature in schools was because of the aversion to sex...that when such issues are engaged the image of "gay sex" enters the imagination and such images frighten, scare, and create an aversion to want to allow such persons to be fully human - the Symbolic is perhaps homophobic. The response again was not satisfying as the attorney noted a case where a girl wore a "gay pride" shirt to school and was asked to take it off because it was promoting "sex"...which was legally defended (successfully) as unconstitutional because it 1) wasn't about sex and 2) was about "pride"...

It was that response that exposed my point. What would the legal consequences of saying, "Yes, she is promoting sex" but even so, she deserves to wear such a shirt, she deserves to be fully human. Why, because sex is sex is sex...people have it, people like it, people don't like it. I want to believe, but I am no legal scholar, that instead of pandering to a de-sexualized society (and the political machine both democratic and republican) where sex is just in the bedroom and "pride" can be removed from the context of sex (perhaps law has forgotten the history of Pride) an engagement with the stigmatized concept of "sex" and embrace of the "homophobic fear" of such sex, different possibilities within the legal realm of discourse and the discourses that operate closely to it (i.e. medical, psychiatric, educational, political) could emerge...What these possibilities would be though is of course unknown, but no more unknown than the current strategies.

For readings that I develop my argument from see:
Leo Bersani (1988) "Is the rectum a grave" in D. Crimp (Ed.). AIDS: Cultual Analysis/Cultural Activism. Cambridge, MA: MIT Press.
Didier Eribon (2004) Insult: The Making of the Gay Self. Durham, NC: Duke University Press.
David Halperin (2007) What do Gay Men Want: Sex, Risk, and Subjectivity. Ann Arbor: University of Michigan Press.