White As Milk: Proposition 8 and the Cultural Politics of Gay Rights
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White as Milk: Proposition 8 and the Cultural Politics of Gay Rights Suzanne Lenon is Assistant Professor in the et une proximité à la race blanche, qui lie ce Department of Women and Gender Studies, moment légal et culturel ensemble. Cet article University of Lethbridge. examine l’union des représentations norma- tives racialisées du film, et la racialisation de Abstract l’homophobie qui advient des deux côtés du As part of the U.S. federal elections in Nov- débat sur Proposition 8, un débat qui conti- ember 2008, voters in California narrowly nue le prolongement de la fraction de la race, passed Proposition 8, a ballot initiative that comme une séparation de la sexualité au eliminated same-sex marriage rights in that sein des politiques gaies et lesbiennes. state. Against this political-legal backdrop, the movie Milk, based on the life of gay activist Harvey Milk, was released to audiences across North America. Proposition 8 and its As part of the November 2008 federal aftermath infused social and cultural meaning elections in the United States (U.S.), voters in into the critical acclaim Milk publicly received, California narrowly passed a ballot initiative and the movie itself became a way to both eliminating same-sex marriage rights in galvanize and anchor support for gay (mar- that state. Six months earlier, the California riage) rights. I contend that there is a particu- Supreme Court had ruled that the state’s law lar racialization of queer sexuality and prox- prohibiting same-sex marriage was unconsti- imity to whiteness that links this moment of tutional under the privacy, due process, and law and culture together. The paper exam- equal protection guarantees of the California 1 ines the “knitted-togetherness” of the film’s Constitution. By a 52 to 48 per cent margin, racially normative representations and the Proposition 8 overturned this decision and racializing of homophobia that occurred on added a new section to California’s constitu- both sides of the Proposition 8 debate, one tion, limiting the definition of marriage to a that continues the protracted fractioning of union between a man and a woman. Almost race as separate from sexuality within main- immediately, opponents challenged Propos- stream lesbian/gay politics. ition 8 as an illegal revision because it signifi- cantly altered the equal protection measures Résumé guaranteed by the Constitution. Following a Dans le cadre des élections fédérales amér- judicial review, in May 2009, the California icaines de novembre 2008, les électeurs en Supreme Court upheld Proposition 8 as a Californie ont réussi à faire passer de jus- valid constitutional amendment; however, it tesse la Proposition 8, une initiative de scrutin also ruled that Proposition 8 would not qui a éliminé les droits des personnes ayant retroactively invalidate the estimated 18,000 effectué un mariage de même sexe dans cet same-sex marriages performed in California état. Le film Milk, réalisé contre cet environ- between June and November 2008. Two nement politiquement légal, et basé sur la vie same-sex couples, with the legal support of du militant Harvey Milk, est sorti sur les the American Foundation for Equal Rights, grands écrans en Amérique du Nord. Suite à filed a federal district court challenge on the 2 la sortie Proposition 8, ont infusé un sens heels of this judgment. In August 2010, the social et culturel dans au succès publique de court released its decision in which it was Milk. Le film est lui-même devenu un moyen determined that Proposition 8 did indeed vio- de galvaniser et d’ancrer du support pour le late equal protection guarantees under the droit du mariage gai. J’affirme qu’il y a une U.S. Constitution and that same-sex couples racialisation particulière de la sexualité gaie, should be allowed to marry again in Califor- 44 www.msvu.ca/atlantis ■□ 36.1, 2013 nia. Although vigorously appealed by pro- tend that it is whiteness as a relation of power ponents of Proposition 8, the Supreme Court that enables the politico-legal event of Prop- of the United States issued a ruling in June osition 8 and the cultural text of the movie to 2013 that found the Proposition unconstitu- find and construct meaning for, and in, each tional. Same-sex marriage is now (again) other. legal in California.3 Against the politico-legal backdrop of “How Timely Milk Feels”: Galvanizing the success of Proposition 8, a critically Legal Struggle through Cultural Text acclaimed feature film entitled Milk (2008) There are a number of similarities be- was released to audiences across North tween the campaign chronicled in the movie America. Directed by Gus Van Sant, the and the “real life” campaign over Proposition movie focuses on the final eight years of the 8: both were nationally watched campaigns life of Harvey Milk, the first openly gay and close in the polls; both figured children politician elected to office in the U.S. Support- and schools as a central concern; both politic- ers of same-sex marriage sought to make a al moments featured Republican governors direct link between the activist efforts to (Ronald Reagan, Arnold Schwarzenegger) challenge Proposition 8 and the movie’s plot siding with gay Californians; and both anti- line of the 1978 political campaign to defeat Proposition 8 and anti-Proposition 6 linked Proposition 6, an initiative on the California support of “gay rights” with imaginings of state ballot which would have banned les- what “America” stands for. Indeed, it is worth bians and gay men from working in Califor- noting that the website of the American Foun- nia’s public schools. dation for Equal Rights does not feature any In this paper, I offer a critical analysis conventional gay iconography (rainbow flag, of Milk as a cultural text that actively con- pink triangle), but rather the American flag, a structs racialized meaning; that is, I argue signal to homonationalist inflections under- that it functions as a contemporary site where pinning this gay rights legal project. gay is made white. Here, I follow a method The movie also contains a ready- offered by Melani McAllister (2001, 5) who made inspirational message for contemporary argues that we need to position cultural texts activists. Fearing a loss over Proposition 6, in history as active producers of meaning, Sean Penn (as Harvey Milk) says to fellow rather than assuming they merely reflect or activist Cleve Jones (played by Emile Hirsch), reproduce some pre-existing social reality. “If this thing passes, fight the hell back.” Anti- She argues that the cultural field exists in Proposition 8 activism was grounded in this continuous relationship with other fields in the spirit in a number of ways. Significantly, the larger social system, and thus cultural pro- movie’s release was carefully timed. An inter- ductions are part of concrete debates of their view with Gus Van Sant reveals the political time. In this way, analysis of cultural artifacts implications of the movie’s various release becomes less about what these texts may dates4: mean than how they participate in the socio- political world. The method she suggests is to By the time the film comes out, the election will be examine the “knitted-togetherness” of culture over, although we will be having screenings, and politics, that is, to explore the ways in including the big opening at the Castro, before the which world events and cultural texts con- election. I hope that some of this will have some struct meanings for each other (82). Knitting effect on California’s Proposition 8…We thought the politics of Proposition 8 together with the about whether to release the film before the movie underscores the ways in which law and election, especially if it could affect Prop 8. The culture deeply constitute one other. Propos- end decision was not to have the film speaking ition 8 and its aftermath breathed social and directly to the election, because if it was seen to be cultural meaning into the critical acclaim Milk just about the election that might take away its received, and the movie itself became a way chance of having a life after the election. We to rouse and anchor support for gay (mar- decided to straddle the election, to have the riage) rights. More than this, though, I con- www.msvu.ca/atlantis ■□ 36.1, 2013 45 opening affect the election and the release be after Harvey’s focus was human rights and therefore the election. (Bowen 2008) limitless. (Travers 2008) Furthermore, both Sean Penn (best actor) A discussion thread about Milk on the and Dustin Lance Black (best original screen- online LGBTQ activist network <jointheimpa play) used their acceptance speeches at the ct.com> features affective expressions of Academy Awards to denounce the passage desire to harness the momentum of the film of Proposition 8; Penn exclaimed, for ex- to anti-Proposition 8 activism, perhaps best ample, that, summed up by the post, “Do yourself a favor, WATCH the movie. Learn, Educate, and “For those who saw the signs of hatred as our cars continue to fight for our rights” (“Do Yourself drove in tonight, I think that it is a good time for A Favour” 2008). those who voted for the ban against gay marriage At face value, then, the movie has to sit and reflect and anticipate their great shame achieved considerable meaning within the and the shame in their grandchildren’s eyes if they politico-legal context of Proposition 8. It can continue that way of support. We’ve got to have be understood as a cultural artifact deployed equal rights for everyone.” (81st Annual Academy to (re)mobilize political energies to support Awards 2009) same-sex marriage, particularly in the months leading up to the 2009 Supreme Court deci- Additionally, Sean Penn (as himself) sion that upheld Proposition 8 as constitu- and the “real life” Cleve Jones are spokes- tional.