Sleepless with Santorum

Thomas Fine | April 28, 2003

Senator Rick Santorum has played the gay card. Speaking with the Associated Press about the Supreme Court case concerning the Texas sodomy law, Santorum compared homosexual sexual behavior to polygamy, bigamy and incest. Believing, perhaps, that the majority of Americans do not have much empathy for persons of homosexual orientation, Santorum is willing to strike out at their struggle for rights with a sneering viciousness.

While it is often part of any great morality play that the most vocal defenders are ultimately the most flagrant offenders, it is interesting that his attack surfaces at the same time we purport to eliminate evil and bring freedom to the rest of the world. One more ironic twist is provided by the recent move by Pakistan, Egypt, Libya, Saudi Arabia and Malaysia to derail a vote on homosexual human rights at the UN. Santorum finds himself in the interesting company of these moral defenders of the family.

The political question of Santorum's survival as number three man in the Republican majority is probably not in much doubt. However, Santorum may, to the delight of Liberals and the moderate center, have bitten off something he'd rather not chew. Liberals and moderates alike might just keep pushing Santorum into exposing himself through his extremist positions, and continue to weaken his leadership potential. The Republican leadership may tire of coming to his defense.

Meanwhile, the Supreme Court will be deciding a case that involves the Texas "homosexual conduct" law. This law makes it a crime to engage in "deviate sexual intercourse" (defined as oral and anal sex) with another person of the same sex. It is a misdemeanor criminal offense, with a $500 fine as the maximum punishment.

In addition to Texas, Kansas, Missouri and Oklahoma have consensual sodomy laws that apply only to gay people. Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Virginia and Utah have consensual sodomy laws that apply to straight and gay adults, but are invoked almost exclusively against lesbians and gay men in everyday life. These laws typically ban oral and anal sex with penalties that range from fines to years in prison.

Historically, sodomy laws have even involved the death penalty. Some countries still apply the death penalty for the behavior; including Afganistan (under the Taliban), Sudan and Iran. Radical Islam, much like radical Christianity, views homosexual behavior as a most grievous sin. Mainstream religion, however, takes a much softer view, including acceptance.

The States involvement in dictating what consenting adults may, or may not do, with their own bodies, in ones own private space, is an issue that goes to the root of the notions of life, liberty and the pursuit of happiness. Santorum asserts that the majority, as represented by the state legislature, should set the legal standard for what we can do sexually. He strongly feels the constitution allows the states this freedom.

The appellants in the Supreme Court case argue that the law invades an area over which each individual has a fundamental liberty and privacy right, and the state has no compelling need to intervene. Santorum believes that the state should intervene; because the practice of the behavior is a serious threat to the fabric of our society, again basing his beliefs on religious principles. This is the radical nature of Santorum's political agenda.

Most pundits believe the Santorum gaffe will not "get legs" the way Trent Lott's comments about Strom Thurmond took off. While race discrimination is perceived as wrong, discrimination based on sexual orientation is still seen a morally justifiable. The fact that Santorum promotes the presence of government in our bedrooms gets buried. That should all give us pause the next time we want to get a good night's sleep, and find Senator Santorum peeking in our windows.

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