Freedom Without Equality Is Just a Medal

Today, August 12, 2009, the first openly gay man to be elected in the state of California, Harvey Milk, will be given the Medal of Freedom Award by President Barack Obama. It's a well deserved award, one too many years in the making. But like everything else done for or to the gay community that is seen as positive, it's a two-edged sword because honoring someone for their activism and impact on a state or nation while their cause is still unfinished, their people still unequal, is interesting indeed.

The Medal of Freedom is the highest honor paid to a civilian, along with its brother, the Congressional Gold Medal (voted on by Congress). The award is for individuals who have made "an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors." President Harry S. Truman planted the seed for the award in 1945 with the Medal of Freedom to honor civilian service during World War II. President Kennedy signed Executive Order 11085 establishing a new award with a new medal but keeping the name while expanding the award's purpose and boosting its prestige level nationally and internationally. Honorees do not have to be American citizens but must simply merit the award in the view of the President, advisors and the Distinguished Civilian Service Awards Board (established in 1957 by President Eisenhower and expanded by President Kennedy).

Now Milk, who would be 79 this year had he not been shot by Dan White 31 years ago in 1978, certainly meets the criteria for the award. His life, his politics, his movement and yes, his death, changed California politics and the tone of politics in the nation. He was a symbol of possibility and yes, a huge symbol for the rights of gays and lesbians throughout the country. His death hurt, the trial hurt, it all hurt, and galvanized a movement even more. He took on Bryant and Briggs and won and did it with flair and even sarcasm, with the trademark "My name is Harvey Milk, and I'm here to recruit you!" a jab at the assertion that gay teachers were in schools to recruit young people to be gay.

The spirit of Milk was alive not only in the cineplexes, thanks to Sean Penn, but also in the streets and halls of government in California, as the ugly Proposition 8 battle waged. Well funded religious interests successfully attacked the California State Constitution by removing the equal protection clause for gays and lesbians, somehow saying that equal doesn't equal equal, that all members of the state are not, in fact, equal and protected by the 14th Amendment of the U.S. Constitution. It creates a legal contract with legal benefits that only certain members of the state can enter based solely on gender and rooted squarely in religion. Milk would be exploding right about now.

As the marriage debate raged nationally in 2006 after Gavin Newsom granted marriage licenses in his city, as 11 states that year then voted to outlaw same sex marriage and some states even went so far as to ban domestic partnerships or gay adoptions, as George W. Bush spoke nationally about a amending the U.S. Constitution, the very document that protects freedoms, by putting in a provision banning same sex marriage, Milk would have been rallying people and holding every Democrat to task.

As a highly decorated soldier that appeared on the Rachel Maddow show on MSNBC and simply answered "yes" to the question "are you gay" is kicked out of the military, as same sex spouses are denied benefits for wounded or killed loved ones, as needed translators and personnel are removed during a time of war for no other reason than sexual orientation, Milk would again be taking every Democrat, every American to task.

As Bill Clinton signed the Defense of Marriage Act, as Bush and Obama have both defended it, Obama's administration going so far as comparing same sex marriage to bestiality and every other fringe coupling known to man, or animal, in its defense of DOMA in 2009, Milk would rally against it, denouncing any Democrat that supported it, including Barack Obama.

So it's with great wonder that I ponder what Milk would have done if he were alive August 12, 2009, to go and collect his medal. Would he take solace that on the medal there are 13 stars to represent the original 13 colonies, and six of those colonies now have same sex marriage or recognize those done in other states or would he be angry at the 44, including his own, that do not allow or have voted against marriage equality?

Harvey Milk served as a diving officer on a submarine in the Navy during the Korean War and went on to be a diving instructor at the Naval Station in San Diego reaching rank of lieutenant, Junior Grade. Would he look the Commander in Chief in the eye as he received his civilian award, would he look to the leader of the greatest fighting force in the world, and be honored or outraged at the ridiculousness of being honored for your activism to advance the civil rights of people whom, with one signature, the presenter of the award could rectify so much of the institutionalized inequality that exists?

Would he grab the medal and say how much he likes jewelry, that he may need matching earrings and then begin to speak to the fact that pandering to a community is fine, recognizing those in it admirable, but doing so while approving through your inaction the oppression of that very community is simply unacceptable?

The fact is, at this point in American's history, I'm not sure Milk would even accept. I truly am not.

I posed that question to actor Alan Cumming during an interview for an upcoming story in the Long Beach and Orange County Blade. He is openly gay, comes from a Scottish and European background, but became an American citizen so he could vote for Barack Obama. He missed that by three days, but still is a proud American now, a gay American at that.

"I don't know that he'd be too happy about it really," he stated. "If the Obama administration had given the community some kind of clue or agenda of some kind. If they had said, 'Look, we really have to do healthcare and the economy right now, but in 2010 the agenda is going to include repealing DOMA, getting rid of Don't Ask Don't Tell and working on marriage equality for all,' then maybe. But their actions in some ways have been negative towards the community, including their brief in defense of DOMA. They didn't have to do that. So with no real vision as to what they plan to do for the community specifically and when, and some of the recent activity, I'm just not sure where he'd be on this."

Where he'd be is a second class citizen receiving the highest civilian award his country has to give. The schizophrenia of that situation would not escape him. It'd be like a slave receiving a service award and then being put back in the slave quarters. No? Too harsh? Really? This weekend my best friend Daniel Amspaugh's sister got "married." But she didn't really, because she couldn't. She, and her tax-paying partner live in Long Beach, CA. And 51% of this state thinks civil rights can be approved by the masses, granted and denied based on religious belief. That's not societal slavery? Be a part, pay your taxes, but don't live with us as equals? Do as we say not as we do?

How would Milk feel about the prosecution of crimes committed against gays and lesbians in this country, when so many juries still return lesser sentences for killing or beating a gay person versus another. Gay panic defenses are used, the person freaked out when they found out the other was gay and went in to a panic or rage and couldn't control themselves. Hell, even movie stars like Tom Cruise are able to prove damages to the tune of millions of dollars against tabloids that allege he's gay. Somehow, being classified as gay can cost one millions of dollars in hurt and damages to this very day, like being called a pedophile or something. When Milk himself was killed Dan White was basically slapped on the wrist (think Twinkie defense, he was amped out on too many Twinkies...) serving two of five years for gunning down two people in cold blood and things haven't gotten much better than that today. When transgendered Gwen Araujo was beaten and killed her killers got anywhere from six years to 15 years for slamming her head through a wall, beating her to death in a garage and then burying her in the hills all at 17 years old. Her crime? She was a man living as a woman. The first jury deadlocked and there had to be a retrial, after all, when the football players found out that they had been having some kind of sexual activity with a boy, well, how could they not be expected to freak. As Madoff sits for 150 years in jail for a financial crime, shows where our priorities lay.

And in California where it will be years before marriage equality is obtained, where its Supreme Court wussed out and did the wrong thing, where religion sways the ballot box through financial might...well, I wonder if he might up and move to Iowa, where at least he could marry whatever partner he was with at the time.

Harvey Milk, and Billy Jean King, deserve to be openly gay champions receiving the Medal of Freedom award from the President of the United States. But more importantly, they are Americans that deserve or deserved equal rights and protection under the law from the government over which that president presides and from the civilian population of which they are a part.

Anyone that saw Milk speak knew one thing: no matter what, he wanted gays and lesbians to have hope. He wanted them to remain hopeful that things can, would and will change if we care enough to change them. He wanted everyone on the bus, championing causes like affordable child care facilities, free public transportation, a board of civilians to oversee police, neighborhood issues, family issues. He wanted his hope to be infectious, and maintained humor by pranking public officials like Diane Feinstein and the mayor and being often outrageous on television or in person in some way.

He dated younger men and never had a relationship longer than six years of any real substance (according to all accounts) yet formed a strong family of friends and coworkers that remain loyal to this day and while he may or may not marry himself, would advocate for everyone's right to do so.

He'd use his acceptance speech to inspire, to instill his trademark hope, and to put more than few politicians on notice that he, or his wards, were coming for their jobs.

"Like every other group, we must be judged by our leaders and by those who are themselves gay, those who are visible. For invisible, we remain in limbo -- a myth, a person with no parents, no brothers, no sisters, no friends who are straight, no important positions in employment. A tenth of our nation is supposedly composed of stereotypes and would-be seducers of children. But today, the black community is not judged by its friends, but by its black legislators and leaders. And we must give people the chance to judge us by our leaders and legislators. A gay person in office can set a tone, can command respect not only from the larger community, but from the young people in our own community who need both examples and hope."

Let's hope Barack does more than award Milk: Let's hope he takes the spirit and lessons Milk taught and actually begins changing things for members of his country still oppressed by institutionalized bigotry and religious dogma.

Follow Charles Karel Bouley on Twitter: www.twitter.com/talkradiolive

Comments

[cynicalidealist]

Charles,
I respect your position, even if I give Obama more credit. I do think it's valuable that we continue to apply pressure.
I'm choosing to comment b/c your article rightly implies that there is a black hole where LGBT leadership is concerned. In the late '90s community chose to draft corporate successful stories (ex: GLAAD's former ED Joan Garry) while demoting or purging true activists. As groups like GLAAD and HRC speak to an ever more narrow demographic (well-to-do gays, mostly white) where is the next Harvey Milk?
-CI

[ACMallet]

You still give the benefit of the doubt to Obama and refuse to see him for the homophobe he is.

I'm done with him.

[thefirehorse]

And what if he says he's done with you. Where does your cause go then? He is still your best chance to get change.

[hardcorelib]

Great article:

I am 53 years old and have been with my partner for 30 years. We are going to emigrate from these the wonderful (NOT!) United States. I can't wait any longer for equal rights. I have fought the fight my whole life and I am literally sick to death of it. I am sick of the constant hate, the violence, the put downs, the harrassment and on and on. I am an Ex-Mormon (ugh!) they of the holy underwear gay bashers. They and the rest of the American Taliban can go f*?*k themselves. I am lucky that we have the money to emigrate. I really hate this country and will give it a big F you on the way out. Here we are in 2009 with minor change for gay people. This country deserves every bad thing it has coming to it.

[thefirehorse]

You know its a shame that because I have had a different experience with Gay persecution than the rest of you, that I am so easily labeled as untruthful or deserving of that treatment. If I were to take my experience from here to the ballot box the next time a vote is held, I would probably change my vote.

[ObamacratInCA]

Equality America today:

"Leaders at Equality California announced Wednesday that next year's ballot may be too soon to gather the huge political organization needed to "change hearts and minds" of state voters on the issue of same-sex marriage.

"It takes time, commitment and lots and lots of volunteers to undo the untruths that our opponents have been telling," said Mark Solomon of Equality California. "If we do the work at the level we need, we can have the support we need by 2012."

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/12/MNO219775F.DTL

Equality America on June 12:

We not only call on President Obama to order the Justice Department to file a supplemental brief reversing its position and instead urging the repeal of DOMA, but we also demand the president demonstrates that he is the 'fierce' advocate he once claimed to be by publicly calling for the end to all discrimination against LGBT Americans -- including the immediate repeal of this law so same-sex couples legally married in their home state receive the same federal benefits and protections as opposite-sex couples."

Can Equality America really claim to be "fierce" advocates for LGBT Americans, by delaying action on Prop. 8 until 2012?

[TamChin]

Excellent column!

As a white woman married to an Asian man, I know that - but for the "activist" Supreme Court of judges (of California in 1948 and the US Court in the '60s) - I would not be able to marry my husband. It breaks my heart to know others are out there now suffering from this same old prejudice in its modern face.

To my fellow Californians re Prop 8 I say - pathetic.
To Harvey Milk I say - you are my hero.

[superstition]

"Obama's administration going so far as comparing same sex marriage to bestiality and every other fringe coupling known to man, or animal, in its defense of DOMA in 2009, Milk would rally against it, denouncing any Democrat that supported it, including Barack Obama."

The bestiality comparison was made by Scalia in the Lawrence dissent (signed onto by Thomas and Rehnquist). I don't believe it was made in the brief filed by the Obama administration this year. However, that brief did include comparisons that were just as inflammatory and illogical. A detailed analysis:
http://www.americablog.com/2009/06/obama-justice-department-defends-doma.html

As for the courage of Milk. I also think that if he were alive today he wouldn't had done what Barney Frank did, which was to take several days to criticize the brief and then retract that criticism with the excuse that he hadn't read the brief before criticizing it. Even if he hadn't read it, the idea that after having read it he felt it was appropriate is... something I am very certain Milk would never have done. Here is the article covering this switch:
http://www.americablog.com/2009/06/barney-frank-throws-us-under-bus-lauds.html

[dcnola]

While I agree with your point completely, it remains a bit disheartening to see, and experience, the level of bigotry that exists in the gay community against its minority members. One would hope that while seeking equality from “mainstream” America, we might address the issue of inequality in our own community.

[superstition]

Dan Choi wasn't fired from the military by gays for being Asian.

[dcnola]

Yes, your one example completely refutes my statement. Ignoring of course that my statement was made as a minority member of the gay community, based on my personal experience. Maybe, just maybe, it would help to view the situation from a point other than ones own.

[thefirehorse]

Thank you for being brave enough to voice your concerns. It seems that when anyone has a different experience than the Gay community wants portrayed you then find out what a number of Gays are really about. Where's the respect and tolerance that everyone deserves.

[dcnola]

No, thank you its nice to know at least one person gets it.

[superstition]

Instead of subject changing victim blaming, why not help this guy get elected?

http://www.pamshouseblend.com/diary/12160/openly-gay-iraq-vet-anthony-woods-endorsed-by-victory-fund-hrc

[CornetMustich]

Good post.

I've been busy this summer officiating for couples who are coming to CT to wed from all around the country, because they aren't allowed to do so just yet in their own home states. And some of these couples have been together for 38, 45 and 46 years! It's time America. It's time Obama.

And to the marriage foes (Obama) and sexually phobic (America), please find something else to do with your time, because life's too short. Find love.

And remember, marriage is firstly a civil matter, as marriage licenses are issued by and recorded in town halls not church halls in America.

Joe Mustich, Justice of the Peace
Washington, Connecticut USA

Kudos to New England and Iowa for supporting (civil) marriage.

And to the Episcopal Church too.

[Rudabekia]

Isn't "freedom without equality" an oxymoron? How can anyone who is not an equal be considered free? If you have any doubts, ask the Palestinians that question, I'm sure they're experts on the subject!

[kps888]

Great post, but I think we are going to have a wait a while longer for things to change. The president and congress really couldn't be any more clear about their feelings on such matters. I take hope in the next generation, it's just a shame I will be an old man when it gets here.

[thefirehorse]

I'm all for equality, but it works both ways. I can't count the times that I was treated just as unjustly by gays. Is Gay politically correct?

[PlaceboStudman]

LGBTs are just as ignorant and apathetic and stupid as any other people on the planet. We all have our own unique individual perspectives and opinions, and as such, some of us are going to be @ssh@les

Your anecdotal experience is not necessarily a reflection of the wider LGBT community

[thefirehorse]

This is true, but you just don't expect from people who you've accepted as friends.

[kps888]

Dear Lord, in what situations were you treated unjustly by gays? Seriously, if you don't mind, I think a lot of people here would like to know the circumstances.

[thefirehorse]

Didn't expect it from from what I thought was another group of people fighting for fair and equal treatment.

[thefirehorse]

Forced out of my apartment because it turns out I wasn't gay. Told that I couldn't be at a bar because it was gay only. Told that I was the wrong kind of person so I couldn't hang. These are just a few of the things that have happened and been told to me.

[LiberalandLovingIt]

Boo hoo. Pay back is a b!tch, ain't it? I would be curious to hear more about the countless times you've been treated unjustly by gay people. I mean, there are just so many gay people in positions of power it must be really hard to be a standard issue straight guy or gal these days. Used to be just 10% or less of the population was gay; now it must be 90% and you're vastly outnumbered. I'm sure it must just be awful. Do you want a tissue?

[thefirehorse]

You prove my point.

[mishi]

Yeah, I just bet you were "treated just as unjustly."

We're not talking about a personal slight here, we're talking about systemic discrimination and/or real personal suffering. Surely you can understand the difference.

Were you thrown out of the house by your gay parents? Shunned and taunted as a "breeder" in high school? Drummed out of the military by gay superiors because you're straight? Did gay legislators take away your right to marry? Have you been fired from your job, without legal recourse, just because you're het?Do you hear gay preachers condemning you to eternal damnation? Do you walk down the street afraid that a gang of young gay men will straight-bash you?

Until you can answer "yes" to at least some of these questions, please stop whining.

Cheesh.

[thefirehorse]

Don't have to answer yes to any of them. I grew up during the 50's and 60's. I know what racism is. I've been screwed enough in my life to know the difference. By the way, just because someone discriminates against me should I do it to someone else?

[newtom]

Are you suggesting there's reverse discrimination from gays toward straight people??? PLEASE!

[thefirehorse]

Why yes I am.

[marignymitch]

Mr Bouley:

Dandy post, eloguently written. Thanks.

But I suggest tempering your hope with a good dose of realty. The next backhand slap from Obama will hurt less that way.

I think Milk would have refused the medal.

[RobertHenryEller]

Can any President legislate equality, let alone freedom?

The President can work by example.

The rest of us can do the same, by our own examples.

It may not seem like much, but the aggregate effect of individuals rejecting soft bigotry is essential before any legislation is possible, or effective.

I believe this is happening. To a great extent, the resistance we now see is not against minorities directly, but against those in the majority who have come to accept minorities by those who do not. In other words, the war is going on withing the majority.

This is different.

[PlaceboStudman]

Yes, the president, or more specifically congress, can legislate equality in the forms of anti-discrimination laws in the workplace, marriage equality, family rights for foreign partners of LGBT american citizens.

What you are talking about is a moral equality, and no, that can not be legislated. There will always be people who mistakenly believe they are better or more deserving than someone else. But, we can at least make sure our government does not encourage that discrimination, and that there is proper consequences for those who do perpetuate inequality

[thefirehorse]

Just because legislation is on the books doesn't mean that people will follow it let alone change their views.

[RobertHenryEller]

Well, you are right about Congress. The President can propose legislation, but can only sign it (or veto it) if it makes its way through Congress and the Senate.

If it works, I'm all for it. And I believe President Obama will do what he can. Congress and the Senate, I'm not so optimistic about, at least currently. Hopefully, President Obama's leverage in the Legislature will grow. I think he will have long coattails in 2010 and 2012, and more people in government will owe him than the other way around.

I wouldn't ask anyone to be patient about their rights. But politics has its own reality and clock.

[PlaceboStudman]

As a gay man, I have to wonder what Harvey would think if he saw how lazy and installed with undeserved entitlement the LGBT community feels these days. In a sense, this kind of feels like being given a gold star for spelling our name correctly, and being satisfied with that, knowing full well that we didn't study the night or even the weeks before for the big test that we are all taking.

Yes, folks, we have to work harder. We have to push harder. As much as we all believe that rights should be given to us, they simply aren't. We have to work hard and prove to those in power that we deserve them.

No longer can we sit back and play the victim, and expect pity from people who just don't give a flying flip. If we want what we rightfully deserve, then we have to show that we are beyond the self loathing pityy parties and show people the strength of our example.

If we have to jump through hoops, then why the hell not? We have a hell of a lot more to gain than to lose by playing the game their way and winning

[superstition]

Maybe part of the problem is having this attitude:

"A case in point is the 'Don't Ask, Don't Tell' law dealing with gays in the military. It clearly has outlived its usefulness. Future Congressional action will be enhanced because there are three U.S. Representatives who are part of the LGBT community (Barney Frank, Tammy Baldwin and Jared Polis)."

This attitude that simply electing openly gay leaders is contradicted by things like this:
http://www.americablog.com/2009/06/barney-frank-throws-us-under-bus-lauds.html

How can any person who supports gay people support that brief? That the gay general public is confused about leadership is hardly surprising with "leadership" like that. What are we supposed to do? Try to get more openly gay politicians elected?

[PlaceboStudman]

What are we supposed to do? Try to get more openly gay politicians elected?

Um....yes! absolutely, yes! We need more people like Harvey and Dan Choi, whose sacrifices only they may know, to step up and be leaders of our movement. We need people without an agenda, who can lead us by giving us the best route to get us where we want to go, not by taking us there themself.

The moment we give control over to someone else, such as HRC or most of our political leaders currently, we sacrifice our control over where we end up

And that is wholly unacceptable