Coming Out of the Closet to Claim Group Rights

Essential for understanding African American history in this country is the fact that, for hundreds of years blacks were persecuted as a group. It was not just that blacks were disproportionally targeted for slavery, lynchings, and ultimately the system of Jim Crow, these things were part of an organized conspiracy against black people for the simple reason that they were black. By the end of the 18^th century, whites had developed the sense that the new United States was founded as a white man’s republic and therefore required a rigid distinction between whites and blacks that kept blacks in a subordinate position. This racism served a practical purpose in that it gave American whites, who otherwise did not have much in common with each other a sense that they were bonded into a common project. (This is not to defend American racism. On the contrary, this is a reason to take racists seriously and not as mere rhetoric.) This belief in America as a white man’s republic obviously existed in a dialectic with the belief in America as the country of “all men are created equal.” It is to America’s credit that, in the long march of history, the belief in all men are created equal has tended to win out over the white man’s republic.

The fact that African-Americans have been persecuted as a group is important because it establishes at least hypothetical grounds for blacks to make demands from white society that go beyond the elimination of laws that outright discriminated against blacks. The fact that I have personally never owned slaves and no African American alive today has ever been formally enslaved in this country does not mean that I do not owe something to African Americans. As critical race theorists would argue, I have benefited from systemic racism. Perhaps I should be willing to accept non-discrimination laws applied to private businesses, affirmative action, or even allow for my tax dollars to fund reparations?

To be clear, there is a risk in having blacks pushing the claim to be a distinct group as the traditional argument for their civil rights rested on the premise that blacks were not really a group. On the contrary, the idea was supposed to be that the notion that the color of a person’s skin could affect a person’s identity was a ridiculous notion invented by foolish racists. If blacks are going to be so reckless as to undermine the entire case for their civil rights and claim that they really are different from white people, they might be left to reap the consequences.

It is interesting to compare the case for black civil rights to LGBTQ+ rights as it is hardly obvious that LGBTQ+ people can actually claim to be a group let alone a historically persecuted one. For one thing, their opponents generally tend not to see them as members of a group but simply as people engaged in an action. It is that action that is the source of the opposition.

Furthermore, LGBTQ+ people are not, in any obvious way born LGBTQ+. We can say that black is a meaningful group in large part because we can accept that a newborn can, in some real sense, be classified as black. (We can go around a maternity ward and point to the black, white, Asian, and Hispanic babies and say that they are all beautiful in God's eyes and that it is wonderful to have such diversity.) What does it mean to say that a newborn is LGBTQ+. Think of it this way; how many black teenagers have undergone the experience of coming “out of the closet” to their parents? “Mom and Dad, I want you to know that I am black.” To which the parents respond: “Are you sure that you are black. Maybe, if you listened to more country music, you will become white.” LGBTQ+ people historically have not been raised by LGBTQ+ parents with an LGBTQ+ identity. It would seem that this is merely something that they decide for themselves. As such, it should make no wider claims on heterosexuals beyond the right to be left alone.  

Consider the consequences of coming out at an even later point in life. It is hardly obvious that a forty-year-old man who comes out of the closet has really discovered his “true identity” that he has been hiding, perhaps even from himself, all along. On the contrary, this sounds like someone going through a mid-life crisis that has led them to take on a "new hobby." Such behavior should be tolerated with amusement but there is no need to grant the person any kind of moral support for they have not done anything virtuous. Note that this all assumes that our middle-aged out of the closet gay person has not abandoned a wife and children to pursue his gay lifestyle. If he has then he is liable for social condemnation and possibly even legal penalties.

If LGBTQ+ people are not a group then they cannot make a claim to be persecuted as a group. For that matter, it would not be possible for them to be discriminated against. To be clear, I agree that anti-sodomy laws were wrong as they violated personal liberty. Then again, I believe with equal conviction that drug laws are wrong. This is not because they discriminate against potheads and keep them from becoming their true high selves. I do not accept that Pothead counts as a meaningful group. Human beings should have the right to ingest substances. Similarly, human beings should have the right to engage in consensual adult acts whether it is sodomy or incest. To be clear, in none of these cases should the right to engage in an action be confused with a right to a job or to social respectability.   

Something that I find fascinating about the LGBTQ+ movement is how they have managed to turn what should be an argument against them in their favor. It is argued that the fact that LGBTQ+ people are usually not raised with an LGBTQ+ identity is one of the ways that they are persecuted. LGBTQ+ people grow up "deprived" of their "authentic" selves. They have to struggle against a heteronormative society that tries to inflict heteronormativity upon them tempting them to live "inauthentically." From this perspective, even the progressive parent who never consciously attempts to stop their child from assuming an LGBTQ+ identity is still guilty of anti-LGBTQ+ persecution merely for raising the kid in an "inauthentic" fashion on the assumption that they are heterosexual or cisgender. This is sort of like the frum-novel trope where the Jewish kid is raised by Gentiles who try to keep the "truth" of his Judaism from him only for his "Jewish spark" to shine through in the end. (Note that the claims of an authentic LGBTQ+ self and an authentic Jewish self are both metaphysical claims. As such, the First Amendment would require that the government take them as equally valid.)   

A practical policy implication of this argument that LGBTQ+ people are a group even to the point of claiming that LGBTQ+ kids exist, is a push to bring LGBTQ+ material into schools. The goal is to teach kids about LGBTQ+ practices but, more than that, they wish to teach that LGBTQ+ people are a legitimate group with the moral high ground due to their "authentic" living earned by struggling against the constraints of a persecuting culture. This leaves children with an obvious question: might they really be LGBTQ+? If they come out as such, they will be praised for showing the "courage" to be their "authentic" selves. The more there are children who can be convinced to do this, the easier it becomes to argue that LGBTQ+ people really are a group. If children really are born LGBTQ+ and only needed adults to give them the language and the support structure to come out of the closet in ways that are in "no way manipulative," then being LGBTQ+ must be a legitimate identity. As such, society must not only eliminate all laws that ban LGBTQ+ practices but also "atone" for the crime of not previously recognizing that such an identity existed. 

Arguably, this would require greater government action than rectifying American racism. Consider, blacks have never had to seriously struggle against people who refused to accept that there was such a thing as black people in the genetic sense. For LGBTQ+ people to receive their full rights as a group, it might be necessary, regardless of the First Amendment, that everyone must be forced to acknowledge that they really are a group.