Election seen as boost for gay rights

Rev Robinson's election is just one of many advances for US gay rights, which include a new gay school, writes Ian Kilroy from…

Rev Robinson's election is just one of many advances for US gay rights, which include a new gay school, writes Ian Kilroy from Boston

The pioneering American spirit surged forward this week with the appointment of the first openly gay bishop in the Episcopal Church. But Rev Gene Robinson's elevation to bishop-elect of New Hampshire is just the latest in a confluence of events that promises a sea change in gay and lesbian American life. In what amounts to a quiet but advancing civil rights movement for gay Americans, the times they are a-changing.

As is often the case, popular culture may be the most accurate barometer of the national mood. Consider the Bravo TV network's latest contributions to the reality TV genre: Queer Eye for the Straight Guy and Boy Meets Boy. In the first show, five gay men give a fashion-challenged straight man a make-over. The second show is television's first gay dating programme, where a gay man must choose one of 15 men for a date, the twist being that some of the 15 are straight - all is revealed at the end.

Not only would these shows have been unthinkable in the US just five years ago, but they would have been received with indignation and uproar. When ultra-conservative TV presenter Michael Savage was fired by MSNBC recently for making anti-gay comments, it was clear that change was afoot.

READ MORE

But the most significant change came from the most unexpected quarter. Justice Anthony Kennedy, a Ronald Reagan appointee to the US Supreme Court, penned the ruling in the Lawrence v Texas case, effectively superseding the anti-sodomy laws of 13 of the more conservative states. The wording of the ruling may even ultimately lead to recognition for gay marriages in the US.

"When a state criminalises sodomy, it creates an invitation to subject homosexual persons to discrimination both in the public and in the private spheres," the ruling said. By invoking the "public" sphere it leaves the door open to nationwide recognition of gay marriages and adoptions. As federal law supersedes state law, soon the civil gay marriage that already exists in Vermont and the same-sex marriage that is likely to follow in Massachusetts will have to be recognised in Texas and Alabama.

But there is a whole legal minefield first to be traversed. The 1996 Defence of Marriage Act, for example, currently allows states to refuse to recognise same-sex marriages performed in other states. However, there is a contradictory clause in the US constitution that states all contracts and legal agreements must be recognised throughout the United States.

Needless to say, the American right has already moved to block the ruling's implications. "I believe a marriage is between a man and a woman," President George W. Bush said recently, adding, "And I think we ought to codify that one way or the other . . . we've got lawyers looking at the best way to do that."

The evangelical US president, it appears, is singing from the same hymn sheet as the Vatican. The Holy See has warned lawmakers it would be "gravely immoral" to move beyond heterosexual-only marriage. In a recent 12-page document issued from the Vatican's Congregation for the Doctrine of the Faith, Catholics are told, "Homosexual acts go against the natural moral law".

But as conservative American Catholics and Republicans attempt to curb increased legal rights for gays and lesbians, gay civil rights are being expanded in other ways across North America.

In British Colombia and Ontario hundreds of same-sex couples have tied the knot since the law changed there. The rest of Canada looks set to follow their lead. In New York City, the first high school for gay, lesbian, bisexual and transgender students will open in the East Village this autumn. The Harvey Milk High School will offer gay and questioning students who have suffered abuse in other schools a safe environment in which to pursue their education. Even the US military, with its ban on gay and lesbian personnel, is examining the implications of the Lawrence v Texas ruling. That is not surprising, as the first court challenge to the dismissal of gay soldiers starts with Lieut Col Steve Loomis's challenge to his dismissal eight days shy of his 20-year retirement day.

The elevation of Rev Gene Robinson to bishop of New Hampshire this week is just another signal of the shift in the way that gays and lesbians are perceived in the US. There is no doubt that the US is moving towards a form of gay marriage. France, the Netherlands and Belgium already cater for same-sex unions. And Ireland? Well, that's another story.