Sunday, July 28, 2013

The Arrogance of the Self-Anointed "Gay Elite"




Recently in connection with the challenge to Virginia's anti-gay marriage constitutional amendment I noted in a post here and on the Bilerico Project the following observation:

This post would not be complete without acknowledging some of the blow back I have received from previous posts about the case.  It seems that some of what many of us living in "red states" view as the self-anointed "gay elite" are displeased that the plaintiffs proceeded to file their lawsuit rather than wait for permission, if you will, from Lambda Legal, the ACLU and others.  These the "gay elites" primarily sit safely in gay friendly jurisdictions like New York and Washington, D.C., and lecture those faced with no rights or legal protections, give them a pat on the head and then tell Virginians and others "be patient, we know best."   One must not forget that when the Hollingsworth v. Perry suit was filed, these same elites argued against the case being brought.  Ted Olsen and David Boies proved them wrong.
Well, the blow back has continued and I have received more slings and arrows for having dared criticize Lambda Legal and the ACLU.  I was even accused of harming the LGBT community by my comments.  These attacks come, of course, from non-elected individuals serving on self-perpetuating boards that purport to represent the LGBT community, yet they really want no input whatsoever  from the community other than (i) writing check after check to their organizations and/or (ii) showing up for events that they tell us to be at.  They expect servile obedience even when their organizations may have achieve little or nothing of substance to show for all of the funds they receive.

Some of the attacks I have ignored.  Others I have not held my tongue - I know readers don't find that a surprise - and have laid out my personal peeves with Lambda Legal and the ACLU.  For newer readers, I will set out why I am not always enamored with these organizations although they have indeed done a great deal of good work.   Much of my complaints track to the case of Moore v. The Virginia Museum of Natural History which involved an employee of a state operated museum who was fired for being gay.   Other posts on the case are here, and here and here.   The case went to argument before the Virginia Supreme Court where my former law school class mate and now Chief Justice, Cynthia Kinser seemed most unhappy - outraged might be a better term - that my client had not simply disappeared rather than fight the wrongful discharge.  Not surprisingly, the Supreme Court refused to take the appeal.

Throughout this case, I literally begged for help from Lambda Legal and the ACLU.  Sadly, viewing themselves as demi-gods who are arbiters of the fate of others, neither organization provided any assistance.  My client was just supposed to crawl away in defeat since the case wasn't in a ideal posture apparently to gain their interest.  In the end, the only help I received was from an attorney in the D.C. office of the ACLU who helped me on her own personal time.  I will always be grateful to her and her ability to see that every member of the LGBT community deserves to be represented and to have a fighting chance. Would that more individuals at Lambda Legal and the ACLU did not view most of us as disposable goods.

To my attackers, I invite them to compare what they have done with what I have done striving to make things better for our community here in Virginia and across America.  Sometimes holding one's tongue is not in the best long term interests of our community.  Sycophants are a dime a dozen.  It goes without saying that I will be seriously reconsidering my financial support for some organizations.



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