Gay Marriage, Majority Rule, and Minority Rights

19 01 2012

As the Washington state legislature mulls a bill that would legalise gay marriage, conservatives are crawling out of the woodwork to stop its passage or to punish Republicans who vote in favour of it by attempting to end their political careers. (The National Organisation of Marriage is trying to do this.) Some of these individuals and groups also want to put the decision up to a public vote. The argument they use to justify this kind of move is that majority opinion reigns supreme in a true democracy. I will argue here that majority opinion does not necessarily reign supreme in a true democracy, and I will show why this is so in four ways: democracy is not just defined as “majority rule”, but also as “equality”; the majority have no right to speak on issues which do not affect them; courts must adjudicate the law impartially; and legislators are not obliged to represent the views of their majority constituents on issues which do not affect their majority constituents.

I want to let you know that I am not telling you how the law actually works; I am simply telling you how it should work according to the principles of ethical reasoning.

With respect to the first point, the issue of gay marriage centres around the definition of democracy. Many conservatives will argue that gay marriage should be put up to a public vote because, in a democracy, the majority opinion rules. However, the definition of democracy does not begin and end with majority rule; it also involves the concept of equality. According to the Random House Dictionary, democracy has the following senses: government by the people, a state having such a form of government, a state of society characterised by formal equality of rights and privileges, political or social equality, and commoners as distinct from the privileged class. The definition of democracy encompasses the concepts of both self-representation and equality, so any gay marriage opponent who invokes democracy on the basis of the former, while ignoring the latter, is giving us a skewed, incomplete understanding of democracy. This hardly helps validate their opposition to gay marriage on democratic grounds.

This biased preoccupation with self-representation is closely linked to the notion of majority rule, which is consistently invoked by gay marriage opponents. Gay marriage opponents constantly argue that the quintessential democracy is defined by the reign of the majority opinion. But this is not necessarily so. A lot of issues should be decided by the majority, because those issues affect the majority, but not all issues do. If we treat democracy as “self-representation”, then the majority have the right to rule on issues which affect the majority, but they do not have the right to rule on issues which only affect the minority. Gay marriage only affects the minority, not the majority, therefore the majority have no right to rule on gay marriage. Thus, the conservative argument that the majority should rule on gay rights on the basis of “majority rule” is debunked.

Immediately gay marriage opponents will point out that this argument is not sound because, when a panel of judges rule on such an issue, a majority of votes still matters. It is true that a majority of votes matters when a court of law rules on gay marriage, but there is an important distinction to make: while the public vote on the basis of their personal prejudices, judges are obliged to adjudicate the law. While popular opinion is based on popular prejudice, legal opinion is based on interpretation of the law. It is not exactly fair to compare majority rule on the basis of personal prejudices with the majority rule of judges who are obliged impartially to fulfil the law. Therefore, it is invalid to compare majority rule through a public referendum with majority rule through a court of law, and, hence, it is invalid to say that judges should be doing the same thing as the public with regard to minority rights.

But, of course, gay marriage opponents will argue that judges are only adjudicating laws which are passed by elected representatives of the people. So, now the question is, whose interests do those elected representatives actually represent? Gay marriage opponents would argue that they represent the majority opinion of their constituency. This is not necessarily so. If we accept that the majority should rule only on issues which affect the majority, and not those which affect only the minority, then elected representatives are not obliged to represent the views of their majority constituents on issues which affect only the minority. Instead, they are obliged to defend minority interests. And whose majority vote determines that, you may ask? None, because the vote would be a unanimous decision based on reason, logic, and fairness. Reason, logic, and fairness are the ultimate arbiter, not popular opinion.

Of course, not all legislators are rational, hence not all laws they pass will be based on reason. This does not, however, mean that it is right that they pass the laws that they do. It only means that they fail to acknowledge reason. In some sense, the greatest intellectual burden lies on their shoulders.

In summary, I haven’t tried to create the perfect defense of gay marriage in modern-day democracies; I’ve merely tried to challenge how we alienate minorities using “majority rule” as an excuse, even when the majority have no justifiable interest in the lives of the minority. In principle, democracy should be about how we satisfy our personal interests, not how we control the lives of others. And when there is any question about how an issue affects us, it should be boiled down to whom it affects, and this is determined by reason.

That said, if you live in Washington state, and you live in one of the six constituencies led by undecided Washington state senators, I implore you to contact your senator and ask them to vote “yes” on the bill legalising gay marriage. We are just two senators’ votes away from marriage equality. Just two! It is good for gay people and for everybody else.

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Hillary Clinton, Gay Rights, and Cultural Relativism

12 12 2011

I’m not a cultural relativist. Sometimes customs are culturally relative, and sometimes, quite frankly, they are not. I don’t believe that sexism, racism, child abuse, animal abuse, rape, torture, murder, or homophobia are excusable depending on cultural context, because in each context these atrocities share the traits of hatred, violence, and exploitation committed against a sentient being. Let me get this caveat out of the way first: on some issues we are in no place to judge the practises of other cultures, and on other issues we most certainly are. In return, these other cultures are allowed to judge us on our faults. With that out of the way, LGBT rights are not an imperialist vision; they are a humanist one.

Given my wariness of cultural relativism, I was elated by U.S. Secretary of State Hillary Clinton’s amazing speech at the United Nations in Geneva. In her speech, Clinton declares that the Obama administration will defend LGBT rights as a part of its human rights and foreign policy, and that the President will command all government agencies operating overseas to defend LGBT rights through various diplomatic strategies. She makes several points about how and why the world community should end persecution of LGBT people: first, LGBT rights are human rights; second, homosexuality exists in all cultures; third, religious and cultural beliefs do not justify persecution of LGBT people; fourth, the world must confront persecution of LGBT people, not dismiss it; and fifth, we must employ practical means to obtain equality for LGBT people. All of these points are interesting and relevant, but the most provocative to me are the second and third points, which challenge the cultural relativism cited to defend persecution of LGBT people.

In her second point, Clinton challenges the assumption that homosexuality and LGBT rights are purely Western, imperialist conceptions being foisted on non-Western cultures. This is simply not true, Clinton shows, because homosexuality exists in every culture, and homophobia is a problem in every culture. It is, in other words, a human condition, and creating artificial cultural barriers to LGBT liberation would do a disservice to LGBT people:

Some seem to believe [homosexuality] is a Western phenomenon, and therefore people outside the West have grounds to reject it. Well, in reality, gay people are born into and belong to every society in the world. They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbours.

And just in case anybody insists there are no examples of efforts to advance LGBT rights in non-Western cultures, Clinton deftly turns the tables:

Being gay is not a Western invention; it is a human reality. And protecting the human rights of all people, gay or straight, is not something that only Western governments do. South Africa’s constitution, written in the aftermath of Apartheid, protects the equality of all citizens, including gay people. In Colombia and Argentina, the rights of gays are also legally protected. In Nepal, the supreme court has ruled that equal rights apply to LGBT citizens. The government of Mongolia has committed to pursue new legislation that will tackle anti-gay discrimination.

Clinton has obviously done her fact-checking (which is to be granted, given that she is America’s chief diplomat): heteronormative sexualities, if not exactly ubiquitous, are well-distributed among the world’s cultures, hence LGBT rights are a relevant concern to all of the world’s cultures. It is now common knowledge among well-informed people that homosexuality, bisexuality, transsexuality, and intersexuality are not the product of a particular culture; they are a product of living organisms in general, from shellfish to human beings. It seems absurd, then, to say that these sexualities are the luxurious fad of one particular society (the West) of one particular species of animal (homo sapiens), hence it seems absurd to suggest that LGBT rights are relevant only to that society or species.

In her third point, Clinton criticises the notion that cultural or religious beliefs somehow justify persecution of LGBT people, and roundly dashes it to pieces. (I exaggerate, but still, she could have, and she probably would have if representatives of countries like Uganda, Saudi Arabia, Iran, and Afghanistan weren’t present.) She does this by comparing LGBT rights to the rights of other persecuted peoples. Specifically, she draws an analogy between crimes against LGBT people and crimes against women, both of which derive from patriarchal hegemony:

[The justification for persecuting LGBT people] is not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation. Some people still defend those practices as part of a cultural tradition. But violence toward women isn’t cultural; it’s criminal. Likewise with slavery, what was once justified as sanctioned by God is now properly reviled as an unconscionable violation of human rights.

Cutting off a woman’s clitoris is universally wrong because it causes unspeakable pain, stress, and health problems for the victim, whether she is from Sweden, Somalia, or Seattle. This is because every person of every culture possesses a common human physiology; the nervous systems of all human beings are basically the same. I suspect every woman feels immense pain when she is mutilated, burnt to death, or stoned to death, despite the cultural situation. And when proponents of cultural relativism cite reasons for their stance, those reasons fall nothing short of pathetic: women shouldn’t be allowed to have sex with men other than their husbands, women shouldn’t be allowed to experience sexual pleasure, or women shouldn’t be allowed to live if their husbands die. Forgive me if I find these justifications more solipsistic than utilitarian, and hence hardly socially beneficial. They’re just the laws of self-serving tyrants who view women as mere incubators. Similarly, every gay person experiences unconscionable pain and horror at being hanged or crushed to death for being gay. Opinions, insecurities, and concerns specific to a culture do not justify violence against women or gay people, because we all share the same basic human physiology despite cultural context. I think this is what Clinton was pointing at.

I won’t mince words. Hillary Clinton is right, and the cultural relativists are wrong. Heteronormative sexuality is found everywhere in the world, and LGBT rights are no more culturally relative than women’s or racial minorities’ rights, because all are products of a common human mental and physical experience. For some reason, though, this is a sensitive topic for many anti-imperialists, who often happen to be from the West. It seems to me that a lot of this cultural relativist dogma stems from white, middle-class people who feel guilty about their colonial heritage, and they spout this disingenuous nonsense about relativism to soothe their own conscience. But think about it. Arguing that women’s or LGBT rights are culturally relative is basically discriminating against women and LGBT people who live in countries, like Iran, which don’t recognise their status, and that isn’t very feminist or pro-gay, is it? It isn’t even very pro-human, as Clinton showed, and I can’t help but respect her for sending such a bold, unapologetic message to countries which still use cultural relativism as a loophole to commit human atrocities. It was truly a satisfying vindication of LGBT rights.