May 15, 2008

Friends of the (California) Court: A Footnote

Posted at 4:48 pm (Pacific Time)

Leading up to today’s historic decision striking down state laws that prohibit same-sex couples from marrying, the California Supreme Court received 45 amicus curiae (friend of the court) briefs. The briefs were filed by diverse sources, including California cities, elected officials, law professors, and religious, business, and professional organizations.

It’s often difficult to know what impact such briefs have on judicial decision making. As a contributor to briefs filed by the American Psychological Association (APA) in other cases, I’ve sometimes wondered whether they were even read by the Court.

In today’s written opinion, however, the California Court majority characterized the briefs they’d received as “extensively researched and well-written” and acknowledged having “benefited from the considerable assistance provided by these amicus curiae briefs in analyzing the significant issues presented by this case” (Note 10, pp. 22-23).

While many of the briefs may have influenced the justices’ thinking in a variety of ways, three of them were specifically referenced by the Court.

Two of those briefs were filed by opponents of marriage equality.

  • The Court briefly noted an argument raised by the Pacific Justice Institute, which it opted not to consider (Note 9, p. 21).
  • The Court responded to a passage in the brief filed by Pat Robertson’s American Center for Law & Justice, which cited the philosopher John Rawls to argue that recognizing a constitutional right to marry for same-sex couples will devalue the institution and will have detrimental effects on children. The Court responded that, elsewhere in the same work, Rawls explicitly argued that if gay and lesbian “rights and duties are consistent with orderly family life and the education of children, they are, ceteris paribus [all other things being equal], fully admissible” (Note 51, pp. 78-79).

The third amicus brief explicitly cited by the Court was filed by the American Psychological Association, American Psychiatric Association, National Association of Social Workers, and some of their California state affiliates. (In the interests of full disclosure, it’s appropriate to acknowledge that I played a role in writing this brief.)

The APA brief was quoted in reference to the Court’s decision that, while California marriage laws don’t constitute discrimination on the basis of gender or sex, they do unlawfully discriminate on the basis of sexual orientation:

In our view, the statutory provisions restricting marriage to a man and a woman cannot be understood as having merely a disparate impact on gay persons, but instead properly must be viewed as directly classifying and prescribing distinct treatment on the basis of sexual orientation. By limiting marriage to opposite-sex couples, the marriage statutes, realistically viewed, operate clearly and directly to impose different treatment on gay individuals because of their sexual orientation. By definition, gay individuals are persons who are sexually attracted to persons of the same sex and thus, if inclined to enter into a marriage relationship, would choose to marry a person of their own sex or gender.[59]   A statute that limits marriage to a union of persons of opposite sexes, thereby placing marriage outside the reach of couples of the same sex, unquestionably imposes different treatment on the basis of sexual orientation (pp. 94-95).

Here’s Footnote 59:

[59] As explained in the amicus curiae brief filed by a number of leading mental health organizations, including the American Psychological Association and the American Psychiatric Association:

“Sexual orientation is commonly discussed as a characteristic of the individual, like biological sex, gender identity, or age. This perspective is incomplete because sexual orientation is always defined in relational terms and necessarily involves relationships with other individuals. Sexual acts and romantic attractions are categorized as homosexual or heterosexual according to the biological sex of the individuals involved in them, relative to each other. Indeed, it is by acting — or desiring to act — with another person that individuals express their heterosexuality, homosexuality, or bisexuality. . . .

Thus, sexual orientation is integrally linked to the intimate personal relationships that human beings form with others to meet their deeply felt needs for love, attachment, and intimacy. In addition to sexual behavior, these bonds encompass nonsexual physical affection between partners, shared goals and values, mutual support, and ongoing commitment.

Consequently, sexual orientation is not merely a personal characteristic that can be defined in isolation. Rather, one’s sexual orientation defines the universe of persons with whom one is likely to find the satisfying and fulfilling relationships that, for many individuals, comprise an essential component of personal identity.”

We made this point to explain that sexual orientation is inherently about relationships. As we documented in the brief (and as I’ve discussed in earlier posts), empirical research indicates that same-sex committed relationships don’t differ from heterosexual committed relationships in their essential psychosocial qualities, their capacity for long-term commitment, and the context they provide for rearing healthy and well-adjusted children.

Thus, the basis for according same-sex couples a legal status different from that of heterosexual couples ultimately boils down to the partners’ sexual orientation and the State’s role in stigmatizing sexual minorities.

The California justices agreed and forcefully rejected sexual orientation discrimination as unconstitutional, not only in the realm of marriage but in all areas. In fact, the Court ruled that instances of sexual orientation discrimination should be subjected to strict judicial scrutiny — the same standard that is applied in cases of racial and gender discrimination.

Of course, the story doesn’t end here. Court rulings typically don’t go into effect until 30 days after they’re issued. And opponents of marriage equality plan to ask the Court to place its decision on hold until the November election, when they hope to qualify a ballot proposition that would amend the state constitution to bar same-sex couples from legally marrying.

Today, however, many Californians — gay, lesbian, bisexual, and heterosexual — are celebrating a tremendous, long sought victory. And, no doubt, many are thinking of themselves as friends of this Court.

Copyright © 2008 by Gregory M. Herek. All rights reserved.

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December 13, 2007

AIDS and Quarantine: Looking Backward

Posted at 4:08 am (Pacific Time)

Quarantine: Enforced isolation or restriction of free movement imposed to prevent the spread of contagious disease. (American Heritage Dictionary of the English Language, 4th edition).

Last Saturday, the Associated Press revealed Republican presidential candidate Mike Huckabee’s responses to questions about AIDS and homosexuality during his 1992 campaign for the US Senate. On the topic of AIDS, Mr. Huckabee stated:

If the federal government is truly serious about doing something with the AIDS virus, we need to take steps that would isolate the carriers of this plague…. It is difficult to understand the public policy towards AIDS. It is the first time in the history of civilization in which the carriers of a genuine plague have not been isolated from the general population, and in which this deadly disease for which there is no cure is being treated as a civil rights issue instead of the true health crisis it represents.

According to a Sunday AP story, Huckabee stands by his 1992 statement.

“I still believe this today,” he said in a broadcast interview, that “we were acting more out of political correctness” in responding to the AIDS crisis. “I don’t run from it, I don’t recant it,” he said of his position in 1992. Yet he said he would state his view differently in retrospect.

When Huckabee expressed his opinion in 1992, scientific research had identified the human immunodeficiency virus as the cause of AIDS and it was well understood that, unlike many other communicable diseases, HIV could not be transmitted through casual social contact.

That message had been strongly reinforced the previous year when Los Angeles Lakers superstar Earvin “Magic” Johnson publicly disclosed his HIV infection. Indeed, in its November 18, 1991 issue that featured Johnson on the cover, Sports Illustrated included a special “For Kids Only” page that tried to explain the news to readers 12 and younger. Roughly half of that article stressed that HIV isn’t spread through casual social contact. After listing the many ways in which AIDS isn’t contracted, it summarized the message:

The truth is, AIDS is a disease that’s hard for young kids to get. It’s almost impossible for any kid to get AIDS from doing everyday things such as going to school. (p. 46)

There was no credible medical or public health argument in support of quarantining people with AIDS in 1992. Rejecting calls for quarantine and similar punitive measures wasn’t a matter of being “politically correct.” Rather, it was based on sound evidence about the nature of HIV.

Nevertheless, a substantial minority of the US public shared Huckabee’s view. In a 1991 national telephone survey that I conducted with funding from the National Institute of Mental Health, 34% of US adults agreed with the statement, “People with AIDS should be legally separated from others to protect the public health.” (By 1999, only 12% of survey respondents expressed such sentiments.)

What was behind this support for quarantine? For some people, it reflected an unfounded belief that AIDS could be easily transmitted. Their support for quarantine was part of a general fear of contact with HIV-positive individuals.

Such misapprehensions and fears are still around. A 2006 Kaiser Family Foundation national survey found that more than one third of Americans still didn’t know that HIV isn’t spread through kissing, and nearly one fourth didn’t know it can’t be spread by sharing a drinking glass. More than one fifth of the Kaiser survey respondents said they would be uncomfortable about having a coworker who is HIV-infected, and 30% of parents in the sample expressed discomfort at the prospect of their child having a teacher who is HIV-positive.

For others, however, support for quarantine was less about fear of HIV infection than it was about using the AIDS epidemic as an opportunity to express their preexisting prejudices against lesbians and gay men. In analyses of survey data from the latter half of the 1990s with my UCD colleague, Professor John Capitanio, I found that most heterosexuals continued to associate AIDS primarily with homosexuality or bisexuality, and this association was correlated with higher levels of sexual prejudice. In addition, although everyone who contracted AIDS sexually was blamed to some extent for becoming infected, gay and bisexual men were blamed more than heterosexual men and women. Moreover, sexual prejudice was correlated with both misconceptions about HIV transmission and discomfort with HIV-infected people.

This linkage of AIDS-related stigma and sexual prejudice highlights the relevance of Mr. Huckabee’s 1992 survey response on the topic of homosexuality:

I feel homosexuality is an aberrant, unnatural, and sinful lifestyle, and we now know it can pose a dangerous public health risk.

I can’t say whether Mr. Huckabee’s support for taking unnecessary punitive measures against people with AIDS was fueled by his negative attitudes toward homosexuality. However, sexual prejudice apparently has led many Americans to respond in a similar manner.

The fact that Mr. Huckabee is standing by his 1992 comments is disturbing in light of the continuing danger that HIV poses to gay and bisexual men in the United States. HIV infections appear to be increasing among young sexual minority men, the generation too young to have experienced the ravages of the epidemic during the 1980s and 1990s. Those men have reached sexual maturity during an era when homosexuality remains stigmatized, federal law explicitly delegitimizes same-sex relationships, and HIV researchers are advised to delete words pertaining to gay men and homosexuality from the abstracts and titles of their federal grant applications if they hope to be funded.

This situation recently led to a call for a new commitment to combating the spread of HIV among men who are gay, bisexual, or involved in sexual contact with other men (MSM). Writing in the Journal of the American Medical Association, three prominent AIDS researchers stressed the urgent need for leadership from public health officials and within the sexual minority community. Among other actions, they stressed the need to:

… call for the end of stigma toward MSM, which may mitigate the internalization of homophobia leading to sexual risk behavior. This need is particularly critical within racial and ethnic minority MSM communities that bear the stigma of homosexuality along with the discrimination faced by these minorities. Political leadership is also needed to advocate for legal domestic partnerships as a way to promote stable, longer-term MSM relationships. (Jaffe et al., 2007, p. 2413)

Unfortunately, even with such leadership, the prospects for a renewed commitment to implementing effective programs to stop the spread of HIV are bleak as long as serious contenders for national office still believe that quarantining people with HIV was a reasonable idea in 1992.

# # # # #

For the Associated Press article about Mr. Huckabee’s 1992 questionnaire responses, see A. DeMillo. (2007, December 8). Huckabee wanted to isolate AIDS patients. San Francisco Chronicle.

For the JAMA editorial, see H. W. Jaffe, R.O. Valdiserri, & K.M. De Cock. (2007). The reemerging HIV/AIDS epidemic in men who have sex with men. Journal of the American Medical Association, 298, 2412-2414.

For more discussion of research on the link between sexual prejudice and HIV-related stigma, see G. M. Herek & J. P. Capitanio. (1999). AIDS stigma and sexual prejudice. American Behavioral Scientist, 42, 1130-1147.

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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December 12, 2007

Allan Bérubé

Posted at 11:17 am (Pacific Time)

Pioneering gay historian Allan Bérubé died yesterday from complications related to stomach ulcers. He was 61. Allan wrote the award-winning book Coming Out Under Fire: The History of Gay Men and Women in World War II.

Here is the text of an obituary written by author Wayne Hoffman, Allan’s longtime friend:

Gay historian Allan Bérubé, award-winning author of Coming Out Under Fire, died on December 11, 2007. He was 61.

His death was due to sudden complications following the discovery of two stomach ulcers, according to his close friend Jonathan Ned Katz, a fellow gay historian.

Bérubé was, for decades, an independent historian and community activist. He first came to progressive political activism in opposition to the Vietnam war, working with the American Friends Service Committee in Boston in the late 1960s, after dropping out of the University of Chicago. After coming out in 1969, he joined a “gay liberation collective household,” and later moved to San Francisco to join a gay commune for craftspeople. He remained in San Francisco for many years, and was one of the founders of the San Francisco Lesbian and Gay History Project in 1978. His slide shows about women who dressed and passed as men – and married other women – were welcomed by enthusiastic audiences around the country.

Bérubé is best remembered for his groundbreaking work of gay history, published in 1990: Coming Out Under Fire: The History of Gay Men and Women in World War II. The Lambda Literary Award-winning book, which was later adapted by Arthur Dong into a Peabody Award-winning documentary, was often cited in Senate hearings on the military’s anti-gay policies in 1993.

Martin Duberman, distinguished professor of history emeritus at the City University of New York, called Bérubé’s book “superb…not only in terms of his prose style, which was absolutely lucid and even elegant, but also in terms of the very fine-spun analysis. Allan was not one to create shallow generalizations about either a given individual or a series of events. He was utterly meticulous and utterly careful. No one will ever, I think, have to redo the book on World War II, and you can almost never say that about a historian or a given piece of historical research.”

In 1996, Bérubé received a “genius grant” from the John D. and Catherine T. MacArthur Foundation for his work.

For the past decade, while living in New York City and the Catskills, Bérubé had been working on a history of queer working class men in the Marine Cooks and Stewards Union in the 1930s and ’40s, a project for which he received a Rockefeller Residency Fellowship in the Humanities from the Center for Lesbian and Gay Studies at CUNY.

Bérubé traveled the country presenting slide shows about his current research, and lectured on gay and lesbian history at Stanford University and the University of California, Santa Cruz. He wrote stories for numerous publications, including Mother Jones, Gay Community News, The Advocate, The Washington Blade, Out/Look, and the Body Politic. He also published articles in several anthologies, including White Trash (which included a rare personal essay in which he recounted his childhood in a trailer park in Bayonne, N.J.) and Policing Public Sex, in which he detailed the history of gay bathhouses.

“Allan took great pride in his role as a community historian,” said John D’Emilio, professor of history at the University of Illinois at Chicago and author of several books on gay history. “He loved the excitement that his talks and slide shows generated in an audience, and he loved that he, a college dropout, had written a book that made a difference in the world. He was an inspiration to everyone who knew him, as sweet and kind and genuinely moral a human being as anyone could hope to meet.”

For the past several years, Bérubé lived in Liberty, N.Y., in the Catskills. There, he owned a bed & breakfast, and operated Intelligent Design, a store selling mid-century modern collectibles. Berube’s partner, John Nelson, said, “Allan just loved it when people walked into the Liberty story, looked around, and were happy.”

Bérubé was twice elected a trustee of the village of Liberty.

“Allan was extremely proud of helping to preserve Liberty’s historic character,” said Katz. “Allan initiated the successful nomination of Liberty’s whole Main Street as a historic district, saved from demolition a major building with a classic 1950s façade, and bought and renovated the Shelburne Playhouse, one of the last remaining performance halls that were once part of the area’s many hotels.”

In addition to Nelson, Bérubé is also survived by his mother and three sisters.

I had the pleasure and privilege of knowing Allan and watching him complete the manuscript for Coming Out Under Fire. I can only echo John D’Emilio’s observation that Allan was an inspiration, and “as sweet and kind and genuinely moral a human being as anyone could hope to meet.”

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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September 25, 2007

The Iran-Cameron Connection

Posted at 4:01 pm (Pacific Time)

Q: What does the president of Iran have in common with certain antigay activists in the United States?
A: Both maintain that homosexuals don’t really exist.

Yesterday, when Iranian President Mahmoud Ahmadinejad denied the existence of homosexuals in his country, the audience at Columbia University responded with laughter and derision.

Asked about the persecution of homosexuals in Iran, Ahmadinejad answered:

“In Iran, we don’t have homosexuals, like in your country. We don’t have that in our country. In Iran, we do not have this phenomenon. I don’t know who’s told you that we have it.”

The policies of Ahmadinejad’s own government would appear to contradict his statement. As documented by HOMAN (the US-based Iranian Gay, Lesbian, Bisexual and Transgender Organization) and the Iranian Queer Organization (IRQO), Iranian law severely punishes men and women who engage in homosexual behavior. The punishment for male-male sex involving penetration is death. In 2005, two gay teenage boys were hanged after admitting to having sex with each other.

The public response to Ahmadinejad’s assertion has been similar to that of the Columbia audience. To most Americans, the idea that there are no homosexuals in Iran or any other country simply isn’t plausible.

But at least a few individuals apparently agree with the Iranian president, except for one detail: They would take issue with his assertion that there are homosexuals in the United States.

The Cameron Connection

Purveyors of junk science on the topic of sexual orientation increasingly seem to be denying that anyone is really gay or lesbian.

An example of this sentiment can be found in the guidelines that antigay activist Paul Cameron and his collaborators are developing on their new Web vehicle for reporting the results of their “research.”

As Jim Burroway reported on the Box Turtle Bulletin website, Cameron et al. recently announced that they’re creating their own on-line vanity press which presumably will feature papers that even Psychological Reports won’t publish. (They apparently also hope to reverse their cash flow; instead of paying Psychological Reports for publishing their papers, they say they’ll charge contributors upwards of $500 to publish an article on their own website.)

The content of the website has been changing, but a version I accessed on September 23 listed some rules for terminology:

“…[A]uthors should avoid terms such as ‘gay,’ homosexual,’ heterosexual,’ or ‘bisexual,’ as they are diagnostic and/or political, implying ‘something’ beyond the empirical facts. Describing those who engage in SS [same-sex sexual behavior], or who don’t engage in SS but desire to, as ‘homosexuals,’ ‘bisexuals,’ etc. also implies ‘something beyond the empirical reality’ of what individuals do and should be avoided….”

By September 25, the language rules were softened a bit but were still consistent with the previous version:

“With the understanding that persons who engage in same-sex sexual behavior are often called ‘homosexuals,’ ‘gays,’ ‘lesbians,’ and the like, it is preferred that the terms MSM (males who have sex with males), FSF (females who have sex with females) be used….”

Perhaps the shift toward a less categorical ban on on words like “homosexual” came after Cameron looked through his own published papers, e.g., a 2006 report titled Children of Homosexuals and Transsexuals Are More Apt To Be Homosexual. Nevertheless, the message is pretty clear: Sexual behavior corresponds to an empirical fact, but being gay or lesbian doesn’t.

What’s the point of this exercise? Why deny the existence of homosexuals?

The Law and Policy Connection

I don’t pretend to know President Ahmadinejad’s motivation for his statement at Columbia. But American homosexuality-deniers appear to be trying to create a rationale for antigay laws and policies.

This rationale is built on (at least) two components: (1) There’s no such thing as “a homosexual,” therefore, sexual minorities don’t constitute a minority group that is subjected to unfair discrimination and hence don’t need legal protection. (2) People who call themselves “homosexual” (or gay or lesbian or bisexual) can and should become heterosexual.

These arguments were presented, for example, in a legal declaration that Jeffrey Satinover submitted in the original San Francisco Superior Court case concerning the marriages of same-sex couples performed at San Francisco City Hall in 2004. He asserted:

“Homosexual or bisexual identification… spontaneously and dramatically declines to the largest degree over the course of the lifespan, especially in the adolescent years when sexual identity is most mutable and impressionable and subject to outside influence from peers, popular culture, formal education and the standards set by figures of influence as well as by the nature of actual sexual activity. Thus, to the largest degree, homosexual identification is a self-reinforcing, hence culturally-dependent phenomenon…”

“Homosexuality, once in the process of developing, can be altered. It can be more readily altered when mutually reinforcing effects of the environment (cultural, demographic variables — the “messages” sent by society) and the wishes of the individual are in accord. It is more difficult to alter if an individual decides to change course after having gone farther down a pathway that involves extensive repetition, but not necessarily impossible. For those who do not desire it… the best way to insure that this option remains viable is to create an environment that does not reinforce it in the first place.”

Translation:

  1. There’s really no such thing as “a homosexual.” Impressionable young people who engage in same-sex behavior end up believing they’re “gay” or “bisexual” because they’ve been influenced or duped by popular culture, but most of them grow out of it.
  2. People who want to stop being homosexual can and should do so, and the best way for society to assist them is to make sure that the culture is as hostile to sexual minorities as possible. (As quoted on the NARTH website, Satinover believes that “homosexuality — like narcissism — is best viewed as a spiritual and moral illness.”)

Responding To The Arguments

These attempts by antigay activists to argue sexual minorities out of existence seem better suited to the imaginary worlds created by George Orwell and Lewis Carroll than to the contemporary United States. Unfortunately for them, their wish to create new meanings for words — or to completely abolish the concepts to which the words refer — doesn’t change reality.

In fact, most people in the United States experience their sexual orientation as a fundamental component of their identity. Most gay, lesbian, and bisexual people (and probably most heterosexuals) feel they couldn’t change their sexual orientation if they wanted to. And most don’t wish to change.

This isn’t to say that culture exerts no influence on how people experience their sexuality and form identities based on it. Indeed, historical and anthropological studies over the last several decades have documented the central role that culture plays in shaping such experiences and identities. They have also illuminated how the meanings attached to sexual behavior have changed over the course of history. However, the arguments presented by Satinover et al. ignore the fact that identities shaped by cultural forces are “real” — whether they reflect sexual orientation, religion, ethnicity, or some other characteristic.

Nor am I arguing that no one’s sexual orientation changes over the course of their life. Many gay and lesbian people report that they once considered themselves heterosexual. However, claims that a particular “therapy” or “treatment” can alter a person’s sexual orientation have no scientific support. And there are solid grounds for questioning the safety and ethics of such interventions.

What, then, is the appropriate response to the arguments put forth by the American homosexual-deniers?

The Columbia University audience’s reaction to President Ahmadinejad’s statement strikes me as a good start. They booed and laughed.

* * * * *

For more information about the situation of sexual minorities in Iran, check the websites of HOMAN, the IRQO (formerly the Persian Gay and Lesbian Organization, or PGLO), the International Lesbian and Gay Association, the International Gay and Lesbian Human Rights Commission, and Human Rights Watch.

Journalist Doug Ireland has written about the persecution of Iranian sexual minorities in his blog and in articles for various publications, including In These Times.

In January of 2007, the IRQO sponsored an all-day symposium at the University of Toronto on systematic violations of human rights in Iran, including the rights of sexual minorities.

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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September 19, 2007

Swagger and Sway: The Study’s Author Comments

Posted at 11:46 am (Pacific Time)

In a recent posting, I discussed a newly published study titled “Swagger, Sway, and Sexuality: Judging Sexual Orientation from Body Motion and Morphology.” In addition to summarizing the study findings, I pointed out that some media reports seem to have missed the point of the research.

Prof. Kerri Johnson, the study’s lead author, e-mailed me today about that posting. In her e-mail, she noted that her principal research focus is how people perceive others, and she explained the study’s relationship to her ongoing research program. With her permission, I’m posting the text of her e-mail here.

“On your blog you recently reviewed some of my research that appeared in this month’s JPSP. I wanted to thank you for your thoughtful comments — and for helping to set the record straight.

As is always the case, this research is part of a broader program of research. The broader research program aims to understand how individuals use sexually dimorphic cues in their social judgments, and here we focused on the implications for perceived sexual orientation. I feel quite strongly that understanding how people make these judgments (whether they are correct or incorrect) can also help to understand stigma and bias. In other research (currently being written up), for example, we demonstrate that inferences made about the cues that convey masculinity/femininity, not the homosexual category membership itself, predict harsh evaluations. Because I see a clear link between understanding person construal and preventing bias, some of the claims in popular blogs have been unsettling.

In any event, you’re one of the few individuals who has correctly pointed out that my emphasis is on social perception, not the production of gendered body motion.”

Kerri L. Johnson
UCLA Department of Communication Studies

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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September 15, 2007

Swagger and Sway

Posted at 11:18 am (Pacific Time)

Anyone who saw The Birdcage probably remembers the hilarious scene in which Armand (Robin Williams) tries to teach Albert (Nathan Lane) how to walk like John Wayne.

Classic film lovers will remember a similar, albeit more serious scene in the 1956 film, Tea and Sympathy, in which Tom (John Kerr), a heterosexual teenager falsely accused of being gay, asks Al (Darryl Hickman), his (straight) friend, to help him with his walk.

In both films, of course, it wasn’t walking per se that concerned the characters. Rather, it was having others believe one is straight. Audience members understood that there are “masculine” and “feminine” ways to walk in American culture, and that men who walk in a feminine manner are likely to be labeled gay, regardless of their actual sexual orientation.

Relevant to the experiences of the characters of Albert and Tom, a study by Prof. Kerri Johnson and her colleagues, published in the most recent issue of the Journal of Personality and Social Psychology (JPSP), systematically examined just how observers make judgments about whether someone is male or female, and gay or straight, based on their body shape and gait.

However, media coverage and public discussions of the article have been focusing on an incidental component of the study. More about that below.

First, let’s review the study findings. Like many research papers published in JPSP, this one reported data from three related studies, all conducted with samples of undergraduate college students.

Studies 1 and 2: Animated Figures

In the first two studies, the researchers showed students computer animations of walking human figures. They systematically varied two aspects of the models, each of which they hypothesized would be used by observers to make judgments about the figure’s sex and sexual orientation.

One variable was the figure’s overall body shape, which they characterized in terms of waist-to-hip ratio (WHR). Although there are many exceptions, women tend to have a lower WHR than men. In other words, women tend to have broad hips relative to their waist (in the extreme, an “hourglass” shape), whereas men tend to have what the researchers described as a “tubular” shape, that is, relatively similar measures of waist and hip size.

The second variable was the figure’s gait, which the researchers defined in terms of the amount of shoulder motion relative to hip motion. The stereotypical masculine walk — what Albert in The Birdcage and Tom in Tea and Sympathy were trying to achieve — involves more shoulder motion than hip motion. The researchers characterized this as a “swagger” (à la Robin Williams channeling John Wayne). By contrast, the stereotypical feminine walk involves more hip motion than shoulder motion — what the researchers called a “sway” (for the counterpart to John Wayne, think Jessica Rabbit).

When students viewed the animations, they tended to judge the cartoon walkers with more swagger to be men, and those with more sway as women. They also tended to judge walkers with more hourglass-shaped bodies to be women, and those with more tubular shaped bodies to be men. If an hourglass-shaped figure walked with swaggering shoulders, they tended to assume it was a lesbian. Tubular-shaped figures that walked with swaying hips were often assumed to be gay men.

If the body shape was androgynous but the student was told the figure’s sex, he or she then tended to rely on the image’s gait for making a guess about its sexual orientation. Once again, swaggering males were usually assumed to be straight whereas swaying males were often guessed to be gay. The pattern was usually reversed for female figures.

Thus, absent all other information about an individual, the research suggests that a male who walks with a feminine sway is often taken for gay (at least by this group of NYU undergraduates). Ditto for a female who walks with a masculine swagger.

Study 3: Videos of Live Actors

In their third study, the researchers used videos of actual human beings. Or rather, they used stripped-down videos that obscured many physical details of the real-life actors who were filmed.

To make the videos, they asked 8 men and 8 women to be filmed while walking on a treadmill. Half were heterosexual, half were gay or lesbian. The JPSP article didn’t provide any other information about the actors — such as their age or ethnicity, how they were recruited, or whether they considered themselves to be masculine, feminine, or androgynous. Presumably, however, the 4 gay male and 4 lesbian actors were all sufficiently out of the closet that they were willing to be filmed. In other words, they weren’t trying to pass as heterosexual.

As in Studies 1 and 2, the researchers showed the videos to students and asked them to guess about each walker’s sex and sexual orientation.

When it came to guessing the women walkers’ sexual orientation, the students essentially did a mental coin toss. They correctly guessed the sexual orientation of the lesbian models 43% of the time, but incorrectly guessed that the heterosexual women were lesbians 46% of the time.

They were somewhat better with the male walkers, but nevertheless were wrong about the gay male models most of the time. They correctly labeled the gay male model as homosexual only 38% of the time, and incorrectly guessed that the gay model was straight 62% of the time. They incorrectly labeled the straight men as gay 15% of the time.

Missing the Point

In summary, the three studies show that NYU students (and probably other people as well) use gender-stereotypical movement cues to make assumptions about sexual orientation in artificially created figures, and to a lesser degree in real models. When judging the real models, they use the motion cues somewhat for men, but not for women.

To the extent that people actually use these cues in their day-to-day interactions, it can have important consequences. Other research suggests that once a heterosexual observer categorizes someone as lesbian or gay, this judgment often affects their subsequent perceptions of that individual. For example, they may dislike the individual and are likely to assume that he or she conforms to a variety of gay-related stereotypes.

Although the findings reported by Prof. Johnson and her colleagues are about observers’ judgments, media coverage has been paying a lot of attention to the swagger and sway of those live actors who were videotaped for Study 3. In many reports, the study has been incorrectly characterized as revealing something about the person who’s walking rather than the people who are observing that walk (and who make guesses about the walker’s sexual orientation).

Perhaps this can be traced to the UCLA press release about the study, which was headlined “Sexual Orientation Revealed by Body Type and Motion, Study Suggests.” To read that press release, you’d think the study’s focus was on determining whether gay and straight men and women actually have different body types and walk differently. Two paragraphs placed early in the 9-paragraph release described the 16 models who were videotaped for Study 3, concluding:

…the researchers determined that the gay subjects tended to have more gender-incongruent body types than their straight counterparts (hourglass figures for men, tubular bodies for women) and body motions (hip-swaying for men, shoulder-swaggering for women) than their straight counterparts.

This is true for the 16 models. But the study didn’t show that gender-specific body movements are reliably associated with a person’s sexual orientation. As noted above, the researchers videotaped only 4 gay men, 4 lesbians, 4 heterosexual men, and 4 heterosexual women. You simply can’t generalize about an entire population from a handful of people. And we don’t even know how these models were recruited in the first place.

Nevertheless, MSNBC pursued this tangent in its story, quoting another researcher (not connected with the study) who opined:

“There’s reason to think that gay people can’t conceal their homosexuality…. I don’t think it’s a performance that gay people enact. I think it’s something that either is inborn, or it’s acquired very early, perhaps by watching members of the other sex.”

To be fair, the quoted researcher didn’t appear to be suggesting that the JPSP study proves his point — he was simply stating his personal opinion.

My own hunch, though, is that thousands of gay men and lesbians who have successfully concealed their sexual orientation from their straight friends and relatives would disagree with him. As would a lot of straight males who, like Tom in Tea and Sympathy, have worried about the way they walk.

# # # # #

Swagger, sway, and sexuality: Judging sexual orientation from body motion and morphology” was authored by Kerri L. Johnson, Simone Gill, Victoria Reichman, and Louis G. Tassinary, and it appears in the Journal of Personality and Social Psychology, vol. 93, #3, pp. 321-334 (2007).

Some of the video clips that the researchers used in Studies 1 and 2 are posted at the American Psychological Association’s journals website. Some of the videos used in Study 3 are posted at the MSNBC.com website and the APA website.

See Mike Airhart’s comment on media coverage of the study at ExGayWatch.com.

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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September 13, 2007

Overkill in Alabama: All the Rage

Posted at 5:58 pm (Pacific Time)

The last two of Scotty Joe Weaver’s murderers have pleaded guilty.

Weaver was a popular 18-year old gay man in the southern Alabama town of Bay Minette, as recounted in the independent documentary film Small Town Gay Bar. Members of the local gay community reacted with shock when his charred body was found several miles from his 2-bedroom trailer home.

On July 18, 2004, Weaver had been beaten, cut, and strangled to death in his trailer. Some accounts reported he was nearly decapitated. The murderers were his roommates, Christopher Gaines and Nichole Bryars Kelsay, and Gaines’ friend, Robert Porter.

According to the Baldwin County District Attorney, “Weaver and Porter never got along because Porter had problems with Weaver’s homosexuality….” An entry in Porter’s court file noted that “Porter was asked if his participation in the murder was because Weaver was gay,” to which Porter replied in the affirmative.

After the killing, the three murderers drove around town while discussing how to dispose of Weaver’s body. They eventually took it to a remote trail off a country road, placed it face up on a blanket, urinated on it, and then set it afire. The body wasn’t discovered for four days.

Weaver’s murder evoked a sense of deja vu in Alabama where, five years earlier in Sylacauga, 39-year old Billy Jack Gaither was murdered in a crime that bore many resemblances to Weaver’s killing. On February 19, 1999, Gaither was kidnapped, his throat was cut, and he was beaten to death. His body was thrown on a pile of tires and set afire. Two men were eventually arrested: Steve Mullins pleaded guilty to capital murder and Charles Monroe Butler was found guilty by a jury. Both were sentenced to life in prison without parole.

One week ago, on September 6, Robert Porter pleaded guilty to killing Scotty Joe Weaver and was sentenced to two consecutive terms of life imprisonment. Today, in a plea bargain, Kelsay pleaded guilty and was sentenced to 20 years in prison.

Gaines pleaded guilty to capital murder last May and was sentenced to life in prison without chance for parole.

Overkill in Antigay Murders

The brutality that characterized the murders of Billy Jack Gaither and Scotty Joe Weaver isn’t unusual in killings of sexual minority victims. In a 1980 research paper, sociologists Brian Miller and Laud Humphreys reported findings from their study of 52 antigay murders whose descriptions they found through archival sources. The researchers noted the “gruesome, often vicious nature” of the crimes, which were considerably more likely to involve stabbing, compared to murders in the United States as a whole, and which frequently showed evidence of overkill — wounding far beyond what would be required to cause a victim’s death.

Miller and Humphreys noted,

“Seldom is a homosexual victim simply shot. He is more apt to be stabbed a dozen or more times, mutilated, and strangled. In a number of instances, the victim was stabbed or mutilated even after being fatally shot.”

Corroboration for this observation comes from another study. Michael Bell and Raul Vila, two Florida forensic pathologists, compared the autopsy reports of 67 male homosexual and bisexual homicide victims with those of 195 randomly selected male heterosexual victims. Each victim’s sexual orientation was determined by police reports. The two groups were matched for age and race.

Consistent with the Miller and Humphreys study, the researchers found:

  • The homicides of homosexual and bisexual men were objectively more violent than murders of heterosexuals.
  • Stabbing and other sharp-force injuries were the most common cause of death among the homosexual and bisexual victims, whereas gunshot wounds were the most common for the heterosexual victims.
  • The bodies of homosexual victims, on average, evidenced more injuries from blunt weapons, more fatal stab wounds, and injuries to more areas of the body than the heterosexual victims.
  • Homosexual and bisexual men were more likely than heterosexual men to have injuries in the face, head, neck, back, arms, and legs.
  • The percentage of cases with multiple causes of death – overkill – was greater among the homosexual and bisexual victims, although the difference was not statistically significant.

Why Overkill?

There are probably many explanations for the high levels of violence that often characterize antigay attacks. For example, overkill and related forms of brutality may indicate the extent to which sexual minorities are dehumanized in the minds of perpetrators. When attackers regard their victims as less than human, they’re unlikely to feel any inhibition about brutalizing them. Such denigration can ultimately be traced to the stigma that is attached to homosexuality in our culture.

The phenomenon of overkill also suggests that many perpetrators of antigay crimes experience extraordinarily high levels of emotion during the attack, which is expressed through extreme violence.

Research by Dr. Dominic Parrott, an assistant professor of psychology at Georgia State University, provides some insights about these emotions. He conducted a series of laboratory studies that examined the linkages among anger, sexual prejudice, and antigay aggression.

In one study, heterosexual male college students watched a sexually explicit video — half were randomly assigned to a video of two men in a sexual situation, whereas the other half watched a heterosexual couple. The participants’ levels of anger were measured before and after they viewed the video. Among the men who watched the male-male video, increased feelings of anger were strongly associated with high scores on a measure of sexual prejudice (which had been administered earlier). For men who watched the heterosexual video, the correlation was near zero.

Next, each man participated in a competitive task with a male opponent, which included opportunities for the winner of each round to administer minor electric shocks to the loser. Half were led to believe their opponent was gay. Dr. Parrott detected a strong relationship between the intensity of shocks administered and levels of sexual prejudice, but only among the men who both watched male-male erotica and then competed against a (presumably) gay male opponent. Similarly, the intensity of shocks was correlated with levels of anger only in that group.

Thus, among men who were exposed to male-male sexuality and placed in a situation where they could aggress against a gay man, levels of sexual prejudice and anger were strongly associated with levels of aggression. This association was absent among men who were exposed to heterosexual sexuality or who believed they were competing against a heterosexual opponent.

In a separate, complementary study, Dr. Parrott and his colleagues found that the link between sexual prejudice and anger derives from straight men’s experience of negative emotions in connection with exposure to male homosexuality. In that study, once again, feelings of anger were strongly associated with sexual prejudice among men who viewed a male-male erotic video, but not among those who saw a heterosexual video. Moreover, watching a male-male video caused highly prejudiced heterosexual men to feel high levels of anxiety which, in turn, triggered their feelings of anger. Thus, Dr. Parrott concluded that increases in anxiety and related negative emotions following exposure to male-male sexuality may be a catalyst for heightened anger among prejudiced heterosexual men. If such men subsequently encounter a gay man, that anger can lead to aggression.

Generalizing from Dr. Parrott’s findings, we can speculate about the psychological underpinnings of antigay violence outside the laboratory. In some cases, perhaps prejudiced heterosexual men experience extremely negative feelings (including anxiety) as a result of simply being around a man they believe is gay. Perhaps those feelings are even more intense if the situation makes the gay man’s sexuality salient (or maybe some heterosexuals always perceive gay men mainly in sexual terms). Those feelings might cause prejudiced straight men to interpret the situation in ways that foster an increase in anger — even to the point of feeling rage. Given the right circumstances (including, perhaps, the disinhibiting effects of drugs or alcohol), they might express that rage through extremely violent acts against the gay man — perhaps even overkill.

This account leaves several questions unanswered. For example, why do some heterosexual men experience such strongly negative feelings around gay men whereas others don’t? What about other types of violence, such as straight men’s attacks on lesbians? And what about violence that results from factors other than prejudice, such as peer pressure or the perpetrator’s need to assert his masculinity?

I’ll address some of these puzzles in a future posting.

A Footnote

The murders of Billy Jack Gaither and Scotty Joe Weaver weren’t included in FBI annual hate crime reports. Like a dozen other states, Alabama doesn’t count antigay murders or other crimes based on the victim’s sexual orientation under its hate crime statute.

# # # # #

Brian Miller & Laud Humphreys’ study, “Lifestyles and violence: Homosexual victims of assault and murder,” was published in 1980 in Qualitative Sociology (vol. 3, pp. 169-185).

Michael D. Bell & Raul I. Vila’s study, “Homicide in homosexual victims: A study of 67 cases from the Broward County, Florida, Medical Examiner’s office (1982-1992), with special emphasis on ‘overkill,’ ” was published in 1996 in the American Journal of Forensic Medicine and Pathology (vol. 17, #1, pp. 65-69).

The studies by Dominic Parrott and his colleagues were published in 2006 in Aggressive Behavior (“Sexual prejudice and anger network activation: Mediating role of negative affect,” vol. 32, pp. 7-16) and in 2005 in Psychology of Men and Masculinity (“Effects of sexual prejudice and anger on physical aggression toward gay and heterosexual men,” vol. 6, pp. 3-17).

Copyright © 2007 by Gregory M. Herek. All rights reserved.

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