THINGS I’VE BEEN WONDERING (NON-SNARKY, EARNEST EDITION)

Points for answers. Extra credit if you can identify the podcasts I’ve been driving with recently.

Do GOPers make their global warming messaging about attacking Al Gore because they think he’s unpopular and they want to discredit science? Because they think he’s popular and they want to discredit him? Or just because they want to change the topic?

If Barack Obama combined a blue ribbon panel with a moratorium on firings of service members for being gay, how many Democrats in Congress would back him up?

Does having Democrats running the federal government make people who don’t like abortion but want it to stay legal feel more (not 8%, but maybe 1%) comfy identifying themselves “pro-life” without worrying about an abortion ban?

How do thousands of already-and-now-permanently married same-sex couples affect the fight for equal marriage rights for everyone else in California?

When will America have its first Supreme Court nominee who’s open about having had an abortion?

Is Obama serious about using our leverage to push Bibi?

Is Bruce Springsteen the only liberal immune from being tarred with the “elitist celebrity” brush? If so why?

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PAGING FEDBLOG

Last week marked the first firing of a gay linguist for violating “Don’t Ask, Don’t Tell” during the Obama Presidency. At the same time Obama has disappointed many equality supporters by not rising to the defense of service members attacked for their sexual orientation, his appointment of John Berry as director of the Office of Personnel Management opened the door wider to greater equality for other LGBT employees of the federal government. As my friend Alyssa Rosenberg wrote at the time, Berry is not just the highest-level LGBT federal appointee in our history:

During his time at Interior, Berry worked to create a grievance procedure for employees who experience discrimination because of their sexual orientation, expand relocation benefits and counseling services to the domestic partners of employees, establish a liaison to gay and lesbian workers, and eliminate discriminatory provisions of the National Park Service’s law enforcement standards — including a ban on security clearances for gay and lesbian employees…Leonard Hirsch, international liaison at the Smithsonian Institution and president of Federal GLOBE, which represents gay, lesbian, bisexual and transgender government employees, said in a January interview with Government Executive that he thought Berry would reverse OPM’s benefits policy.

I was reminded of both of these stories today after a co-worker brought up Ronald Reagan’s firing of the Air Traffic Controllers a quarter-century ago, a poignant reminder of the power a president’s handling of the federal workforce can exert for good or ill for workers across America, politically and culturally as well as economically. What could a progressive president do today with an equivalent impact?

Another question, as I contemplate the prospect of federal employees gaining domestic partnership benefits while service members continue being fired for having domestic partners: How are the rights and benefits of service members affected by those of the federal workforce? What about vice versa? (As Thomas Frank discusses in The Wrecking Crew, the disparity between public and private sector pay is a battleground in fights between liberals and conservatives over the role of government). Is there a relationship between the pensions of the military and civilian folks working for our government? While soldiers forfeit various rights of other Americans, I wonder how the conditions of the federal workforce affect their social and economic entitlements. And do organized federal employees speak out on these issues? Alyssa?

REACTIONARIES RETRENCH: HOMOSEXUALITY SHOULDN’T DISQUALIFY YOU FROM JUDGING, JUST FROM MARRYING

Jeff Sessions – who couldn’t get his own judicial nomination through a GOP Judiciary Committee even after flip-flopping to the correct position on whether the NAACP or the KKK poses a greater threat to the Republic – is now tying himself in knots over whether he would have a problem with a gay Supreme Court nominee per se, or just with one who believed gay people should have the same rights as everyone else. I’m sure when Strom Thurmond voted against Thurgood Marshall’s nomination to the Court, it had nothing to do with him being Black – just with him being a Black man who believed Black people should have their equal protection rights protected.

But while it’s funny/ sad/ ridiculous to watch Sessions and Co. squirm in saying first that “identity politics” are bad and then that we should be concerned that a gay nominee would make people “uneasy,” or hear the Family Research Council signal openness to a gay nominee without “pro-gay ideology,” there’s a reason these guys are struggling to say something coherent: Open gay-bashing is becoming less popular in America, but it’s hard to explain why LGBT people shouldn’t have equal rights if we’re not inferior Americans.

It’s not by accident that the right-wing opposition to gay equality is a moving target. Anti-gay bigotry is still prevalent in America, and will be no doubt for a long time. But as Americans, including many who are uncomfortable with gay people, become less sympathetic to politicians saying that there are no gay people, that gay people need psychiatric help, that gay people are sinners, etc., Jeff Sessions has to come up with different ways to explain why he opposes the “gay agenda” – just like he had to come up with new ways to explain his animus towards the NAACP a generation ago.

So the issue is: elitist judges trying to tell regular people what to do (this one gets more tenuous now that more people support same-sex marriage than the Republican party); schoolteachers depriving parents of control over how (and whether) their kids learn about sexual orientation; priests getting locked up for not officiating at marriages they don’t believe in; now Miss California’s Miss America candidacy was judged not just on her body but on (gasp) how she answered a question! Perusing The Corner suggests that National Organization for Marriage President Maggie Gallagher’s latest argument for why LGBT people shouldn’t be allowed to get married is that opponents of gay rights will face social stigma as soon as gay people escape enshrined legal stigma. In the 90’s Mike Huckabee was decrying our culture’s decline “from Barney Fife to Barney Frank” – now he’s decrying a gay blogger’s intolerance towards Miss California.

So as more states and more Americans come out for legal equality, expect conservatives to get that much more creative in explaining their opposition as a defense of the little guy (the teacher, the priest, the voter, the beauty pageant contestant, the law professor), that much more eager to declare themselves tolerant of people with “gay tendencies,” and that much more fulsome in their outrage when intolerant liberals suggest they have a problem with gay people.

DEVOLVE TO ME!

As our friends at The Corner debate whom conservatives should blame for losing the reigns of government, Jim Manzi argues that on social issues like abortion and gay marriage

many people who share the same country disagree in good faith, and are unlikely to be persuaded within our lifetimes. As I have argued at length, I think that the only workable compromise is not to try to force the creation of uniform national law when no national consensus on the morality of these issues exists. Instead, I believe that we should have an agenda of devolving as many of these social issues, as a matter of law, to as local a level as possible.

If we really want to devolve these questions – is abortion permissible? What about same-sex marriage? – to as local a level as possible, how about the individual? I can have my abortion, and my neighbor can opt for adoption (maybe by the gay married couple down the street).

Of course conservatives have all kinds of arguments about why my liberal choices will hurt my neighbor. And liberals have our own arguments about how our economic choices affect each other in a different way than our social choices (making it a good idea to ban $1/ hour labor but not condoms). But it’s just not true that a state is the most local level to which we can devolve decision making on charged issues.

Part of what gets lost amidst right-wing rhetoric about courts reaching down to take away Americans’ freedom is that in taking decisions away from state governments, actors that are bigger than particular states can uphold the autonomy of actors smaller than those states: individual Americans, who shouldn’t reasonably be expected to move from California to Massachusetts to get married because 52% of their neighbors don’t want them to.

IF BY “CAREFREE” YOU MEAN HETEROSEXUAL

At a time when November 4 seems to be shaping up to be a very very good night, it’s sad to see California’s Equal Marriage Ban (Prop 8) leading against the opposition in our nation’s biggest state. After months behind by double digits, the marriage ban brigades have pulled ahead on a raft of plentiful money and false advertising. They’ve moved votes by claiming that if civil marriage equality remains in place, churches will be forced to perform religious marriages they oppose and schools will become training grounds for homosexuality. That’s false. So is the slippery idea, promulgated by self-appointed hall monitors of heterosexual marriage, that letting the rest of us get married to the people we love will somehow force them to “not just be tolerant of gay lifestyles, but face mandatory compliance regardless of their personal beliefs.”

Maybe it’s a sign of progress that the “Protect Marriage” crowd can’t scare up a majority just by saying same-sex couples don’t deserve to get married, and instead they have to pretend that your right not to like them getting married is somehow under attack. Indeed, as Paul Waldman argues in Being Right Is Not Enough, what’s really striking about public opinion on same-sex marriage is how far left it’s moved in just a decade. When I was in middle school and domestic partnership seemed like a noble but politically unpalatable concept, it would have been hard to imagine that by 2004 our Republican president would have to say nice things about civil unions days before the election and dispatch his running mate to endorse full marriage equality as a sop to some swing voters.

The arc of history is bending towards progress here, and faster than we might have thought possible. California voters won’t stop it in two weeks, but they will make it go faster or slower.

Honestly, watching Marriage Protection Poster Couple Robb and Robin Wirthlin make their case for why discrimination belongs in California’s constitution, what disturbs me most as one of the people they want their marriage protected from isn’t the dishonesty about what’s actually at stake. It’s their honesty about what they want and what they’re afraid of. As much as they bend over backwards to borrow the language of the left (see, it’s their “rights that are being infringed upon,” and now “it’s no longer OK to disagree”), what’s brought this couple across the country to campaign for Prop 8 is dismay at the idea that their children would be exposed to “human sexuality,” by which they mean gay people (King and King is not a children’s book about gay sex, it’s a children’s book about gay people). They want their kids to “not have them face adult issues while they’re children…we just want them to have a carefree and protected childhood.” No word on whether Robb and Robin’s poor son has yet had his innocence spoiled with talk of America’s struggle against racial apartheid, or god forbid coming into contact with people of a different race from his own. And if their son or one of his classmates should be wrestling with “adult issues” of his own, one gets the sense that Robb and Robin would have little to offer other than cries that the child is oppressing them.

BIDEN AND PALIN DEBATE

Matt Yglesias observed earlier this week that Sarah Palin tends to do fine in situations where she can pivot from the question to her own talking points and a cobweb of faux-folksy generalities. She does poorly when the questioner tries to get her to answer the original question. Katie Couric did this. Gwen Ifil didn’t. So Sarah Palin got to respond to a question on Bush’s Israel policy by chiding Joe Biden for talking about George Bush. She got to answer the gay rights question by talking about her gay friends – though she couldn’t bring herself to say the words. She got to handle the economic questions by rhapsodizing about her pretend middle class lifestyle (she must agree with John McCain’s definition of low-seven-figures income as middle class).

Watching tonight’s debate should make it clear for anyone who wondered why the McCain campaign wanted so badly to limit the time each candidate got to talk and the time they got to interact with each other. Palin had shown in the past that she could do a fine job with rules like this; it’s unfortunate that the competent job she did tonight will draw attention away from the ways she’s embarrassed herself over the past couple weeks. Overall, she came off as more polished tonight, but Biden clearly knew better what he was talking about. Biden let himself get somewhat frustrated and flustered, but I think he managed to stay within the lines imposed on him not to sound mean to Palin, and the moments where he vented some of that frustration (“John is no maverick on the issues that people sit around the kitchen table worrying about”) were his best.

For two people who were hold up much of the week practicing, both Palin and Biden had a surprisingly hard time speaking in sentences that someone could read on a page and actually make sense of. Palin kept saying things backwards – global warming causes human beings – while Biden would get partway through one thought and then switch over to a different one.

It’s really maddening that this format allows Palin (and McCain last week) to lie about her opponent, never respond to the refutation of the lie, and then continue repeating it later on.

Biden seemed a bit too concerned with touting his own record rather than Barack Obama’s – he defended his bankruptcy bill that Obama voted against, and towards the end when asked about their accomplishments as a ticket used up his time talking about what Joe Biden had done. He was compelling talking about his experience as a single dad but stepped on his own moment a bit by suggesting Sarah Palin was being sexist.

If Palin really wanted to respond to a question about bipartisanship by just naming the line-up of GOP Convention speakers, shouldn’t she have included George Bush and Cindy McCain?

Call me an East-Coaster if you like, but I think when Sarah Palin leapt on Joe Biden’s explanation of his war vote and attacked him for nuance she sounded nasty, and when she spoke for “America” telling “Government” by name to stop taxing us she did sound like Tina Fey telling Russia to “go shoo.”

Note to the media: Sarah Palin appealed tonight for vigorous fact-checking of what each candidate said. Don’t disappoint her!

DISTINGUISHING

I have to believe Frank Rich knows better than this:

Even leaving aside the Giuliani record in New York (where his judicial appointees were mostly Democrats), the more Democratic Senate likely to emerge after 2008 is a poor bet to confirm a Scalia or Alito even should a Republican president nominate one. No matter how you slice it, the Giuliani positions on abortion, gay rights and gun control remain indistinguishable from Hillary Clinton’s.

Look, I like to gloat as much as the next guy, but let’s not do it at the expense of reality. And Rudy Giuliani has indeed gotten more traction than many (myself included) thought he ever could, despite James Dobson et al’s significant discomfort with him. But he’s not a pro-choice candidate (he’s not a pro-gay rights or pro-gun control candidate either). He believes abortion is immoral, and he’s made it clear to anyone who’s paying attention that he’ll appoint judges who will make abortion illegal. The intermediate question of whether he has nice things to say about laws banning abortion is a detail (he’s also reversing himself on laws that make it more difficult for women to access the right to choose). While the Senate on a good day can hold back particularly crazy nominees, the only people who come their way for confirmation are the ones the president sends over. And in case you haven’t noticed, drafting strategies on how to overturn Roe isn’t enough to deny you confirmation votes from Democrats.