This post has sparked some strong disagreement from Errol and Jamie. Errol writes:

Why shouldn’t that student or students like him be able to go to a school where he feels comfortable expressing his opinion on campus. This is a very widespread opinion because it’s almost uniformly ignored by liberals on college campuses around the nation. We simply ignore that while making our campuses an open forum for almost every liberal, progressive, leftist or whatever you want to call left of center opinions, that we impose an almost tyrannical speech code on our more conservative students. They’re not only often afraid of being relegated to being pariah by speaking their minds in class about what they might see as the negative effects of an encroaching welfare state, the evils of moral relativism, or the value of tradition in human interaction, but they must constantly be bombarded with propaganda with which they disagree. The implication of your post seems to be that conservative students or others that feel very much marginalized on college campuses should just suck it up. Why should they? Is it because they’re in the minority? Or is it because you have such a firm control over the truth or over what’s right and what’s wrong that you can suddenly feel comfortable excluding certain voices from discourse? Because ultimately that is what lost when people feel so uncomfortable, when people feel strongly enough about the social pressures that they feel to evoke “the Nazi button policies” as a way to explain to others the level of oppressiveness that they feel.

For sake of time, I’ll reprint here my response in the comments: I’m not clear on how it is, Errol, in your argument, that “an almost tyranical speech code” is imposed on “our more conservative students.” Is it simply by nature of disagreeing with these more conservative students that the majority is teetering on the edge of tyranny? What I labelled as immature in the piece I linked was the contention that merely being asked by peers to support a social cause that one disagrees with is oppressive. The natural end point of this argument, it seems to me, would be that no Yale Law student should ask for another Yale Law student to join a cause unless she knows that he already is aware of and supportive of it. That seems likely to translate into very few causes getting off the ground at a school which prides itself on – and attracts students through – its reputation for cultivating students concerned about their surrounding and national communities and prepared to use the law in support of social justice.

As someone who tends to come down pretty far on one side of the spectrum of opinion at Yale, I’ve often been in the position of being an ideological minority. But while I’ve certainly been critical of policies – like police seizure of leaflets in the Woolsey Rotunda – which restrict my expression of those views, I’ve never argued that my views are being stifled simply by not being widely shared. The past few years have provided endless chances to watch the same national and local figures relentlessly bemoan a “culture of victimhood” amongst historically marginalized groups while raising alarms over the supposed oppression of campus conservatives who are stuck, for example, having liberal commencement speakers. Few of them have gone so far as to compare solicitations to support a cause to Nazism.

We’re told that “there was very little opportunity to express alternative opinions at the law school,” but we get no account of any dissent that was stifled, or any attempt to express those alternative opinions. He offers no evidence that he tried to do so – or to identify himself as an intentionally “non-button wearing student” rather than someone who hadn’t had the chance to get one. Democracy is messy. Sometimes it involves being asked to do things one doesn’t want to. If he had said no and discovered as a result that his grades were being lowered or his posters were being torn down or, say, his door was being slammed with a 2 by 4, that would be more like persecution.

As for the enforcement of the non-discrimination policy, if you have evidence that it’s going unenforced in other cases, or questions about its parameters, there’s a phalanx of lawyers and futures lawyers on this campus much better equipped to respond.

Jamie also argues that I should have more sympathy for the Patrick P:

And yes, Yale is an “oppressive” place to be if you’re a conservative, er, rather, not a leftist. I often have to ask myself if those who think not being a liberal at Yale is easy live on the same planet as I do. When I ask myself this question, the answer I always come up with is, no, these people do not live on this planet. And don’t even try to tell me that you’ve felt unfairly marginalized as part of the “ideological minority.” You haven’t. For people who use the word “Nazi” and “fascist” so freely to describe your political opponents, its clear that you’ve lost any and all ability you might have once had (which probably wasn’t all that much to write home about in the first place) to recognize literary devices like facetiousness or overstatement. To act as if being one of 90 people not to sign a petition that the other 500 of your professors and peers have deemed to be a moral necessity is an easy situation to live with flies in the face of reality.

Look, it’s never easy to disagree be surrounded by people who disagree with you, as generations of college students on various parts of the political spectrum on various campuses have discovered over the past several generations. Fortunately, many choose to speak up anyway. Hopefully, all of us are at college looking to encounter articulate advocates for positions we disagree with, and hopefully we’ve each been successful. Jamie’s quick to dismiss the claim that those of us to the left of the Yale center may also have it less than easy sometimes. I think it’s worth noting that the major instance of violent response to dissent while we’ve been on campus was targeted against a girl hanging an upside-down American flag. And I think it’s worth noting that it’s been students criticizing University policy from the left who’ve been stopped or detained by the police. To read some of Jamie’s earlier posts you’d think that left-wing critics of University policy represented a tiny fringe; to read ones like this you would think that the student body was a massive cohort of far-left radicals. I’d say the truth is somewhere in between.

To argue that Yale oppresses those to the right of the left simply rings hollow. For copies of Light and Truth to be confiscated by administrators back when because they suggested skipping sex-ed lectures was certainly outrageous, although I’m not fully persuaded that can be chalked up to left-wing bias rather than a generally spotty record on protecting dissent from administration policy. Of course, it’s usually been students on the left who’ve borne the brunt of Yale’s failures in this vein. On the other hand, a student who chooses to attend a political rally supporting a candidate but claims he can’t release his name out of fear of intimidation doesn’t persuade me that it’s the liberals creating, in Jamie’s words, “an environment in which students are meant to keep their opinions to themselves.” And I’d say there’s something twisted in students arguing that professors and students who make strong criticisms of the Republican President, Republican House, or Republican Senate are responsible for othering those students who support the party running our government, or doing some other verb to them which Jamie and others don’t believe in when it’s used to describe the experience of, say, a black female student marginalized by the presence of only one black woman with tenure at Yale. I’m sure that there are situations in which professors overly antagonize students they disagree with on the right, or wrongly let disagreement affect how they grade students on the right, or in which students are rude or dismissive towards students on the right, just as all of these cases are experienced in reverse by students on the left. But that does not oppression make. And if we hear more about the marginalization of conservative students nationally, it may be in part because conservatives have been very effective in using the think tanks and media they dominate the perpetuate the idea of an oppressive liberal university to complement the supposed oppressive liberal media, and to bring accounts of said oppression to light and onto the airwaves.

The account I responded to isn’t even a borderline case. Here the supposed oppression consists simply of the articulation of a viewpoint by a majority of other students, and the appeals of some of those students that he join. It’s ridiculous to claim that as persecution. And it’s that much more ridiculous to compare it to Nazism. Contrary to Jamie’s implication, I’ve never referred here, or in any other venue I know of, to my peers as Nazis. I also haven’t called him a “homophobe” for opposing the activism of Yale Law students. If there are examples to the contrary, let me know. I do believe that the “Don’t Ask, Don’t Tell” policy is soaked in and perpetuates bigotry in a similar manner to the racial segregation of the military not so very long ago.

Errol and Jamie are also disappointed that I and others in what Jamie sees as “Yale’s ever-so-righteous corps of lefty bloggers” haven’t gotten around to critiquing this column. What is there to say? Instead of exploring the divide Bush’s cabinet appointments have demonstrated between descriptive and substantive representation of ethnic minorities, or assessing the destructive impact of Bush’s policy on black communities, or considering the frightening implications of another four years of this foreign policy, she launches an offensive, outrageous, and useless attack on Rice as secretly being a white man. It’s a terrible column. I think we can all agree there.

This is an election we should have won. This is an election we could have won if the candidate had been working as hard, and as smart, as everybody else that was trying to get him elected. We almost won it anyway. It could be that we did. But given Kerry’s unwillingness to wait as long as folks did in line to vote for him before saying, in the name of national unity, that their votes needn’t be counted, we may never know.

I think the most striking find in the exit polls was that significant majorities said they supported Kerry on Iraq but Bush on the war on terror. Funny thing is, main thing Bush has done in the name of stopping terror is ignore Osama bin Laden and create a terrorist playground in Iraq, while refusing necessary funding for homeland security. This says to me that Bush succeeded in making terrorism a question of character rather than of policy. Kerry was certainly savaged by the media in the same way Gore was, while Bush too often got a free pass. But Kerry failed for months to put out a coherent, comprehensible message on Iraq (as on too many other issues), and while voters rightly prefered an alleged flip-flopper to an obvious belly-flopper on the issue, I think he shot a lot of his credibility as a strong leader and he may have lost the rhetorical battle for Commander-in-Chief. His unwillingness to aggressively defend himself, especially from the vile Swift Boat Vet attacks, can’t have helped. What’s tragic, of course, is that Bush has flip-flopped far more, even on whether we can win the war on terror, and that the extent his policy has been consistent, it’s been stubbornly, suicidely dangerous. On this issue, as on every issue, some will argue that Kerry was just too left-wing, which is anything but the truth (same goes for Dukakis, Mondale, Gore). A candidate who consistently opposed the war and articulated a clear vision of what to do once we got there could have fared much better.

Then there’s the cluster of issues the media, in an outrageous surrender to the religious right, insist on calling “moral values” (as if healthcare access isn’t a moral value). Here Kerry got painted as a left-winger while abjectly failing to expose the radical right agenda of his opponent. Most voters are opposed to a constitutional ban on all abortion, but Kerry went three debates without mentioning that it’s in the GOP platform. That, and a ban on gay adoption, which is similarly unpopular. And while he started trying towards the end to adopt values language in expressing his position on these issues and on others, it was too little, too late. An individual may be entitled to privacy about his faith and his convictions, religious or otherwise but a Presidential candidate shouldn’t expect to get too far without speaking convincingly about his beliefs and his feelings (I’m hoping to get a chance to read George Lakoff’s new book on this – maybe Kerry should as well).

This election will provide further few to those who argue that Republicans are a cadre of libertarians and the poor are all social conservatives who get convinced by the GOP to ignore class. The first problem with this argument when folks like Michael Lind articulate it is that it ignores the social liberalism of many in the working class. There are others – like the economic breakdown of voting patterns in 2000, which would make David Brooks’ head explode because the fact is Gore got the bottom three sixths and Bush got the top. But few can argue that a not insignificant number of working class voters in this country consistently vote against their economic interests, and that at least in this election, they have enough votes to swing the result. Here too some will argue the Democrats just have to sell out gay folks and feminists to win back the Reagan Democrats. I think Thomas Frank is much closer to the truth: People organize for control over their lives and their environments through the means that appear possible, and the Democrats’ ongoing retreat from an economic agenda which articulates class inequality has left the Republicans’ politics of class aesthetics (stick it to the wealthy liberals by putting prayer back in schools) as an alternative. For all the flack he got over wording, Howard Dean was speaking to an essential truth when he recognized that working-class southern whites don’t have much to show for decades of voting Republican, and Kerry didn’t make the case nearly well enough. He also seems to have bought into Republicans’ claims that Democrats always spend the last few weeks beating old folks over the head with claims that they’ll privatize social security and forgotten that Republicans, in fact, will privatize social security if they can. So he let too many of them get pulled away to the GOP. Part of the irony of the debate over the tension between the left economic agenda and their social agenda, and whether being labelled with the latter stymies the former, is that as far as public opinion goes, I see much more reason for confidence that we’ll have gained tremendous ground on gay marriage in a generation than that we will have on economic justice. As far as policy goes, the next four years are a terrifying prospect for both, and for most things we value in this country.

Don’t mourn. Organize.

Saturday I was back in Pennsylvania talking to voters, this time in a more conservative suburban part of Plymouth Meeting. My most interesting encounter was with a 76 year-old Democrat who declined at first to mention any particular issue she concerned about but volunteered that she and her husband would vote for Kerry. Then as I was leaving, she asked if she could get my opinion on something “as a young person.” I watched her visibly struggle to describe the incident that had struck her – Kerry’s mention of Mary Cheney in the debate – and finally explain it as his reference to her being “I forget the word…um, a girl who has a girlfriend, if you know what I mean.” She was clearly troubled by the concept, and I braced myself for a difficult debate about it.

Figuring it was best to answer the question she’d explicitly asked – what I thought when Kerry mentioned her, I responded with something like, “Well, I don’t think it’s particularly necessary or gracious to bring up an opponent’s family member if they haven’t already. And I don’t think it was necessary to make his point, which itself was a good one. But I think the Cheneys complaints about it seem incredibly shallow given that they didn’t seem to have a problem when the Presidential candidate on their ticket tried to write an ammendment directed against their daughter into the constitution.”

She nodded as if carefully considering what I was saying, and it was clear that she agreed with one part and disagreed with another. And then she said something that blindsided me: “It seemed to me like he really cared about her. It seemed like he really was concerned about what she’s going through and he was trying to understand. And that really impressed me.”

Coming from a woman who couldn’t bring herself the use the word lesbian, they were very moving words to hear. I don’t know what they mean for the struggle for the White House. But in the struggle for legal equality in this country, it’s hard to see them as anything but a good sign which speaks to the desire even among many of the Americans who can’t yet reconcile themselves to other lifestyles to see leaders who respect and understand those who practice them. That is, if we’re swaying the 76 year-old white Pennsylvanian women, we’re on the right track.

Quick take on tonight’s debate:

An underwhelming affair altogether. For a domestic policy debate, there were a fair number of non-domestic or non-policy questions. Kerry made the case for better homeland security well but didn’t go after Bush too strongly on creating a gigantic “tax gap” through tax cuts for the rich instead of paying for security for the rest of us. Reviving Bush’s quote about his lack of concern about bin Laden was a good move, and Bush’s description of the verbatim quote as an “exaggeration” was so obviously false even Fox News chose to air the original tape Kerry was quoting.

It was striking how eager Bush is to redirect all questions about the economy to the education issue, however dubious his record there. Funny how as a Republican he can get away with touting the spending increase as huge without drawing fire from the right and then turn around and charge those who push for more spending as tax-and-spend liberals. Kerry had a good line is saying the point wasn’t spending but rather results. But he seemed uncertain whether to tear into Bush on education, go back to the original question, or charge him with changing the topic – so he did a little bit of each. The politics are tricky, insofar as Bush is right that education’s key to improving living standards and growing the economy, and Kerry and most Americans agree. So making the case against Bush has to include his broken promises on education. But education doesn’t determine the health of the economy alone – taxes, trade, and the minimum wage are all crucial issues on which we deserve a real debate. Because as “compassionate” as re-training may sound, it offers more potential at the beginning of your career than towards the end. And because educated professionals are losing their jobs. And because we will never have an economy without a service sector or an industrial sector, and those jobs need to be dignified, living wage work. A minimum wage that’s half the poverty line if you’re supporting a kid is shameful. Also shameful is a government’s breach of faith with that parent and that child when it comes to funding education. By the way: Where was the right to organize in that debate? Why did unions only come up in terms of Kerry refusing to make promises to them?

On social issues, Bush was much more “wishy-washy” than Kerry, and more ambiguous than he should have gotten away with. Kerry’s failure to pin the Republican Platform’s call for a constitutional ban on abortion on Bush was a huge missed opportunity. His answer on abortion was better this time than the last debate though. On gay rights, Kerry’s saddled with his own bad policy of opposition to equal marraige rights, but at least managed to come down against the idea that gay folks just chose it. As for what they learned from their women, well, if the question had in fact been, as C-SPAN displayed it at first, “What have you learned about the women in your life?” it might have been more interesting.

Short take on tonight’s debate:

The Democratic ticket won this one too, though not as decisively as the last one. Edwards had to prove he was a heavyweight, and he succeeded admirably. Cheney had to prove he was a human being, and he managed to come off as warmer than I’ve seen him (not saying much) and more gracious than the President’s performance (not saying much there either). That said, Edwards was not only more charismatic and more convincing, he did a better job of directly answering Gwen Ifil’s questions and, more importantly, those of the audience. His best line of attack, on foreign and domestic policy both, came in acknowledging that not only the challengers but the American people know better than to believe the Bush crew’s spin, and deserve better than to be shielded from the truth.

The Bush-Cheney Campaign continues to leave itself wide open to blistering criticism – more blistering than they’re actually getting – by stubbornly refusing to admit any mistakes, as if any contrition would make the house of cards collapse. How Cheney can tell the American people that he would conduct the Iraq war “exactly the same” way with a straight face is beyond me. So is why Edwards didn’t slam him even harder for it – or hit home harder on the shameful defunding of Homeland Security or the difference between the new jobs and the old ones we lost or the outrage of touting America’s record in El Salvador as a future model. And his answers on Israel and gay rights were expectedly frustrating.

But altogether, Edwards spoke clearly and resonantly, fought hard, and thought on his feet. Whereas Cheney projected strength and enthusiasm sometimes and at others seemed tired, disinterested, or just at a loss for words. And since when was it the Republicans who saw a career in government as the more patriotic choice? Whatever happened to Gingrich’s crew of “citizen-legislators” who supposedly hated Washington life so much they promised they’d sleep in their offices rather than get apartments? Lastly, we definitely won the closing statement this time (unlike Thursday) – Cheney’s “Vote for us or get blown up” just didn’t match Edwards’ exhortation to national greatness.

In the “Will Chutzpah Never Cease?” category: Watched a bit of the House debate earlier tonight on a push to add sexual orientation and gender identity as protected classes under Federal Hate Crimes legislation. And what did one Republican Congressman from Indiana have to say about it? That his constituents were probably wondering why Congress was being tied up with a divisive social issue while questions of national security were more urgent. To hear the guy, you’d never guess his party’s been trying to ammend the constitution to disenfranchise gay folks…

I’d say Kerry’s speech is comparable to Edwards’: it hiet each of the major points it needed to, with some good moments that were memorable in the short-term but seem un-likely to get re-aired on on C-SPAN at future conventions, and some low points too.

I’d say he did a largely effective job of talking sympathetically in about his own life in a way which personalized him while tying him to a national narrative and avoiding appearing self-aggrandizing or apologetic. His explicit gendering of his parents was irritating. His unapologetic ownership of the accomplishments of 60’s movements was gratifying. His refusal to mention gay liberation, or the gay community, was not.

It was good to hear the word “poverty,” but disappointing not to hear more about it, and particularly not to see Kerry’s support for raising the minimum wage and recognizing card count neutrality agreements touted as centerpieces of his economic plan. I did think he set forth his stance on the Bush tax cuts with admirable frankness and simplicity, and in a way which doesn’t leave the Republicans much room to maneuver.

I remain pleasantly surprised to see Kerry talking about spending more money on Head Start instead of the prison system, a welcome departure from Clinton’s strategy of apeing Republican rhetoric on crime. The fact that the line has the entire staff of The New Republic apoplectic is a good sign. Calling the “family values” crowd on not valuing families is well-deserved and long overdue. Reaching out to those who self-identify as people of faith is all well and good, but you don’t need to announce that you’re doing it. The Lincoln quote is one of the great ones in American politics, and put here to great use.

All that said, it’s an exciting night.

Barney Frank has just “come clean” on behalf of GLBT Americans: “We do have an agenda” – the right to serve their country in the army, the right to be considered for jobs based on performance, the right to have their love and commitment codified in law as marriage. Shame he had to end a strong speech by condemning Nader in stronger terms than Bush.

Just watched Congressman Gregory Meeks’ (D-NY) shameful defense of Kerry’s shameful position on equal marriage rights. Tucker Carlson’s criticism of Kerry for opposing gay marriage may be opportunistic, but it’s accurate. Meeks’ defense of him, on the other hand, was predicated on the dangerously inaccurate idea that Kerry has simply shared a personal religious view with no impact on policy, when the truth of the matter is that Kerry’s on record supporting the idea of an anti-gay constitutional ammendment in Massachusetts. Meeks’ claim that Kerry’s opposition to gay marriage is just an example of the diversity of American democracy which the Democratic is protecting is as hollow as a claim that Dick Cheney’s position against liberating Nelson Mandela is an interesting personal quirk which symbolizes the vibrancy of American democracy.

A silly comment from Atrios, who should know better:

Ignore the spin on this poll. 50% of Hoosiers support gay marriage or that thing which is just like gay marriage with a different name.

The poll in question indicates that while only 19% support equal marriage rights, another 31% support civil unions. That 31% is, as Atrios notes, good news. But as the National Gay and Lesbian Task Force demonstrates succinctly in this chart, civil unions are not “just like gay marriage with a different name,” not only because symbolically they serve as separate but equal institutions but materially because they provide no iron-clad legal guarantee of access to the 1,000-some rights associated with marriage. Civil unions are certainly progress, and support for civil unions represents progress in the battle for hearts and minds, but let’s keep our eye on the prize and not collapse the distinction.

Spanish Prime Minister-Elect Zapatero Thursday announced his commitment to push for gay marriage and full gender equality in Spain. As Dan Munz sarcastically observes:

More separation between religion and the state, freedom for gays, and equality for women written right into the Constitution. Somewhere, Bin Laden is dancing and singing around his cave, using a hairbrush as a microphone.

I know it’s been said here and other places before, but if Bush was really opposed to giving Usama Bin Laden what he wants, Bush’s domestic agenda (as well as his international one) would look much more like Jose Luis Rodriguez Zapatero’s and a lot less like Jerry Falwell’s.

The ACLU of Pennsylvania has successfully torpedoed the over forty ammendments Rep. Jerry Birmelin filed on House Bill 345, a bill to ease the process of adoption of children with special needs. All of Birmelin’s amendments were devoted to disenfranchising queer couples and single people from parenting; last Monday he withdrew all of them. How did the ACLU do it? By building a progressive alliance, the Value All Families Coalition, whose member groups include AFSCME and SEIU locals, the Clergy Leadership Network, PA churches, the Support Center for Child Advocates, Citizens for Consumer Justice, the National Association of Social Workers, Freedom to Marry, the Human Rights Campaign,the Support Center for Child Advocates, and the Log Cabin Republicans – along with several dozens more. It’s a model others should follow.