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I’m (not) sorry, but can we hold up on celebrating every white straight cisgender man who does anything minimally non-homophobic/biphobic/transphobic? I appreciate these efforts. And, I recognize the work of some as anti-homophobic, anti-biphobic, and/or anti-transphobic activism (you know, because not being a bigot is not the same thing as being an ally or advocate). In my opinion, they should be doing this, and giving a cookie to every self-proclaimed ally reinforces the message that bigotry is just a few bad apples and justice can be achieved through a few noteworthy, but infrequent acts.
Beyond that, I find that queer people do not get enough credit for existing, daring to be visible, authentic, happy. Coming out. Refusing to hide. Refusing to conform. Refusing to resign themselves to a miserable, invisible, inauthentic existence. Refusing to tolerate the status quo. Refusing to be excluded from important social and political institutions. Who could ever imagine a day that lawsuits are filed in the country’s most conservative states to force them to get up to speed with federal recognition of same-gender couples? Even in the face of opposition that has demonized queer people as promiscuous, drug-abusers, pedophiles, non-monogamous, and perverts, queer people have demanded to have their relationships recognized and celebrated.
We’re here, we’re queer, get used to it. Straight, cisgender people, get used to it! That is some brave, bold shit.
Oh, but it takes a lot to be so brave. Individual queer people are worn out from the daily toll of being out (or not) or making that negotiation minute by minute. Our relationships are tested as we navigate another, unexpected layer of the closet: queer love and sex. Do we embark on the war with our intolerant families? How do we navigate our communities? How do we navigate the law and institutions? All while not really seeing ourselves, seeing others like us, in public and the media. All while, at best, being tolerated but never fully accepted.
Sometimes, the well runs dry. Sometimes, it is easier to give it up — accept our second-class citizenship. The opposition can be so fierce that you begin to wonder why you fight — maybe you are asking for too much, too soon. Maybe you are naive to hope for better. Maybe you are even greedy for wanting equality in an unequal world. Maybe you should concede to the world’s desire to make you disappear.
Fuck. That. Noise.
My activism is not radical unless staying alive is radical. It is radical if equality is radical. We have got to fight — all of the time — so we can stop fighting. When one of us gets weary, another one should step up to carry on, and another to support the both of them. By continuously fighting, we carry on the legacy of those who fought before us, and improve the opportunities for future generations. It is not a war we started, but it is one we will have to win in order to survive.
So, I am celebrating queer warriors — all of them. And, I am honoring the fallen. Fight on. Thanks to our heterosexual and cisgender supporters and allies; keep fighting on, but celebrate the victories for queer justice — not yourselves.
I have been thinking about Miley Cyrus a bit lately.
I never thought I would start off a post that way — particularly one about queer sexuality and queer people. She … I don’t even know what to call it… at MTV’s Video Music Awards a few weeks ago. And, became the talk of the town once more, this time swinging in nude on a wrecking ball. When I finally saw the video for that single, “Wrecking Ball,” I was so disappointed. Such a lovely, heartfelt song; in no way had I imagined seeing her naked, especially not sexually licking other construction equipment. It just seemed unnecessary. And, really, unnecessarily vulgar. Must every video be an opportunity to sell sex?
I depart there from the conversations about Miley Cyrus and her public and private sex lives. (I’m late, anyhow.) But, I am intrigued by the conversations that speak more broadly about sexuality, gender, and empowerment. Yes, Miley Cyrus is just one woman in our sexist, sex-obsessed, sex-negative society — even within the music and entertainment industry that suffers from those same characteristics. (Really, just look at Rihanna’s new video…) Good; let’s think sociologically!
But, what troubles me is we have not walked away from these conversations with any clear answers. Is Miley Cyrus a sexually-empowered feminist icon? Or, is she yet another pawn of the music industry? Apparently, the line between one’s sexual objectification and one’s sexual empowerment is too thin. Fuck. That is a really disturbing revelation.
Queer Sexual Empowerment
In deluding myself that there is a clear distinction, I am able to come up with clear examples of women’s sexual empowerment. It’s women who refuse to hide that they are sexual, want sex, and like sex. Right? It’s “girl groups” like Destiny’s Child, TLC, and Salt ‘n Pepa, right? It’s older women artists and actors who refuse to cave to the expectations that they should cover up, stop having sex, or just disappear completely, yes?
My thought process eventually turned to queer sexuality — including, but not limited to, gay men’s sexual empowerment. My mind drew a blank. What would queer sexual empowerment look like? In some ways, merely existing as queer people, especially as sexual and loving queer people, is a political act. Fuck you homophobia. We exist.
For some, that empowerment entails a more heightened expression of queer sexuality. Yes, gay pride regularly reflects the very public display of queer sexuality. We’re here, we’re queer, and we’re scantly clad. I have to remind the prude in me that homophobes and transphobes dismiss queer people whether we are dressed in gender normative ways or donning a rainbow boa, 6-inch-heels, and 5 o’clock shadow. So, while I do not personally embrace the joy of public queer sex and sexuality in this way, I refuse to rain on fellow queer folks’ parade.
But, I do grow tired of the conflation of gay with gay sex. I suppose the final straw was seeing yet another men’s sports team gone nude for a calendar to raise money for an LGBT-related cause. First, this story implies that all of the players are cisgender and heterosexual. It also ticks me off because — duh! — white muscular cis masculine men without disabilities are always sexy. The pervasive sexualization of these kinds of bodies in the context of queer pride has gotten to the point that it no longer registers as empowerment, at least in my opinion. These kinds of bodies are now used for more than sexual desire — ranging from political LGBT events, to businesses’ advertisements to LGBT communities, to any general nod that something is queer. That’s not empowerment.
Even if that was empowerment, when do queer people like me get to be sexually empowered? Why do brown queer bodies still serve the taboo sexual desires of white audiences? Why are fat queer bodies only celebrated in subcultures within LGBT communities, while otherwise invisible or used to repulse or for humor? And, what about gender expression — can I be sexy, sexually desired, and sexually empowered while defying society’s expectations for male-bodied individuals?
As an aside, I think that being sexual or having sex in public is only one way to be sexually empowered. Yes, I do believe queer people should have the freedom to be sexual beings in their public, everyday lives without worrying about threatening cis heterosexuals. But, not everyone wants that. Speaking for myself, I would feel more sexually empowered if I could be a loving, whole person in public. I hate being on guard during the few times my partner and I even hold hands in public. I hate having to monitor how I interact with other men — especially cis heterosexual men, especially other queer men. Even how I interact with people with whom I do not want to or actually have sex with is constrained because of the disempowering force of homophobia.
I suppose, like cis women’s sexual empowerment, the bounds of queer sexual empowerment are difficult to define. For queer people, it is their sexual relationships, behaviors, and desires that are the primary targets of homophobic and biphobic hatred. Sex is often used to evoke panic around trans* issues. To embrace one’s sexuality as a queer person in this homo-, bi-, and transphobic society is a political act. But, only to an extent, it seems. We have gained political ground by convincing the cis straight dominated society that we can be in loving, monogamous relationships, and thus deserve access to marriage and other important institutions. Don’t worry, all of that kinky public sexuality stuff is just a phase until we are ready to have real relationships.In a way, I worry the sexual empowerment of cis heterosexual women and of queer people is not 100% on their terms. A cis woman’s public expression of being a sexual person is valued if it gets heterosexual men off. The flip side of that is that women’s sexuality serves as a source of power — sometimes their sole source of power in this misogynistic society of ours. Queer people’s sexualities are acceptable to the extent that cis heterosexual people do not have to witness it. We gain power by presenting ourselves as “Good As You.”
Empowerment on the dominant group’s terms… that’s not empowerment. Ugh.
New York City’s unpopular, but supposedly “effective” crime-reducing program, “Stop, Question, and Frisk” or (“Stop-and-Frisk” for short), was ruled unconstitutional on Tuesday. The program entails the following: “a police officer who reasonably suspects a person has committed, is committing, or is about to commit a felony or a Penal Law misdemeanor, stops and questions that person, and, if the officer reasonably suspects he or she is in danger of physical injury, frisks the person stopped for weapons.”
The judge, Shira A. Scheindlin of Federal District Court in Manhattan, ruled that NYC police officers were systematically stopping people with little cause for suspicion. (In this particular case, police officers were stopping individuals thought to be trespassing on a Bronx apartment complex property.) In reviewing police training, she further noted that this evidence “strengthens the conclusion that the N.Y.P.D.’s inaccurate training has taught officers the following lesson: Stop and question first, develop reasonable suspicion later.”
“Because any member of the public could conceivably find herself outside a TAP building in the Bronx, the public at large has a liberty and dignity interest in bringing an end to the practice of unconstitutional stops at issue in this case,” the judge wrote.
In a way, this is exactly what NYC major Michael Bloomberg and other advocates of the “stop-and-frisk” program call for. In exchange for the universal possibility of being stopped by a police officer, residents of NYC see a significant reduction in crime and gun possession. While there have been notable declines in the crime rate (but few seizures of guns), many have argued that this purported exchange is not enjoyed universally. Rather, an overwhelming majority of those stopped by police over the past two years were Black and Latino men. Judge Scheindlin took note of one role of race (and racism) in her decision:
As a person exits a building, the ruling said, “the police suddenly materialize, stop the person, demand identification, and question the person about where he or she is coming from and what he or she is doing.”
The decision continued: “Attempts at explanation are met with hostility; especially if the person is a young black man, he is frisked, which often involves an invasive search of his pockets; in some cases the officers then detain the person in a police van.”
Many civil rights and anti-racist activists have criticized the “stop-and-frisk” program due to the overrepresentation of men of color in police stops. Indeed, in practice, the program is a form of institutional discrimination — in this case, as disparate impact discrimination. That is, while the program does not target a particular disadvantaged group — men of color — by design, it does, in practice, disproportionately burden them.
Typically, disparate impact discrimination is deemed otherwise innocent in terms of intention or bias; these are merely programs or policies that have been unfair in practice. Yet “stop-and-frisk” actually operates as a legal door for racial profiling by both those unintentionally and those intentionally targeting Black and Latino men. Some say the racial and ethnic imbalance is merely a product of geography: greater surveillance of predominantly black and brown areas of the city (this, of course, is problematic, too!). In light of stories of being stopped many times in one’s life, others suggest the “stop-and-frisk” program legally allows police to use one’s blackness/brownness as suspect. “You’re Black/Latino, so you must be up to no good!”
Even if police stops were equally burdensome for every racial group (and police were evenly hostile to “suspicious” people), the experience of being stopped, questioned, and searched by police is fundamentally racialized. Given the history of racism, including racist violence and harassment by police or by others yet ignored by police, no white person can ever fully experience the feelings of anger, humiliation, and powerlessness that follow being targeted by police as a person of color.
Further, programs like this one, Arizona’s “show-me-your-papers” law that unfairly targets Latina/o people, among others are just the tip of the racist iceberg of the US criminal justice system. From interaction with the police, to arrest, to court, to prison, racial inequality exists at every step and every facet of law enforcement and criminal justice. Unfortunately, the narrow view of the law cannot handle the reality that racism shapes the core and operation of every social system and institution, including law enforcement.
Legalized Homophobia And Transphobia
It may have come as a surprise to some that lesbian, gay, bisexual, and transgender (LGBT) groups joined the chorus of anti-racist and civil rights organizations that rallied against the “stop-and-frisk” program. Beyond advocating for racial equality, these groups took issue with the disproportionate number of LGBT people of color who have been stopped by police. Often, young Black and Latino LGBT people are stopped as suspects for sexual crimes (e.g., public sex, sex work). In these stops, many are sexually harassed or assaulted by police.
Parallel to blackness and brownness as suspect, LGBT people are legally targeted through the “stop-and-frisk” program often because of their gender expression. LGBT people, especially transgender and gender non-conforming people, are deemed suspicious because their “appearance transgresses gender norms embraced by mainstream society.” It turns out that stops based on suspicion of sexual crimes has already been deemed illegal, again by the same judge:
In 2010, in a decision dripping with outrage, US District Judge Shira Scheindlin held New York City in contempt for failing to end enforcement of loitering laws held unconstitutional decades before. One of the laws at issue was the “loitering for sex” statute that Lambda Legal had succeeded in getting struck down in 1983 by New York’s highest court, shortly after it threw out the state’s sodomy law.
“The human toll, of course, has been borne by the tens of thousands of individuals who have, at once, had their constitutional rights violated and been swept into the penal system,” Scheindlin wrote. “More disturbing still, it appears that the laws — which target panhandling, remaining in a bus or train station, and ‘cruising’ for sex — have been enforced particularly against the poor and gay men.”
Missing The Complex Reality Of Discrimination Today
The above discussion points to the inability for the law, in its present state, to fully appreciate the complex reality of discrimination today. One challenge is to prove that a law or program — instances of institutional discrimination — disproportionately affect a particular group (without just cause). This sidesteps the matter of proving biased or prejudiced intentions, a matter central to cases of unfair treatment; however, the narrow view of the law fails to account for the systemic, wide-reaching influence of systems of oppression such as racism, homophobia, and transphobia. Indeed, it can be argued that discrimination within one institution (e.g., criminal justice) mutually reinforces discrimination in other systems (e.g., education). The true challenge, then, is proving when discrimination is not at play, at least indirectly.
The other important matter that is systematically overlooked is the simultaneous, interconnected operation of multiple systems of oppression. “Stop-and-frisk” reflects the practice of both racism and homophobia/transphobia by police and the criminal justice system. What, on the surface, appears to be a matter of racial inequality has turned out to disproportionately affect Black and Latina/o queer people. Another instance of legalized discrimination, the US military’s “Don’ Ask, Don’t Tell” policy, had its greatest effect on Black women. And, given the greater number of Black same-gender couples who have children, Black LGBT people hold a greater share of the burden created by laws that prohibit or hinder same-gender marriage and adoption.
Of course, greater attention should be paid to the reality that some people are victimized by multiple forms of discrimination (e.g., racist and sexist discrimination). Yet, discrimination cases that pursue such claims are ultimately less successful in court, probably because the court is unable to apprehend this level of complexity.
The days of explicit, unapologetic racist discrimination are (mostly) gone, and great progress has been made toward equality for LGBT people. Yet, the task remains to better understand prejudice and discrimination in the new millennium. There is a great deal of complexity to discrimination that we consistently miss when attending to the discriminatory actions of a few bigoted apples. We will never achieve full equality, whether in opportunities or outcomes, without an appropriately comprehensive understanding of what discrimination is, how it operates, and how to prevent it.