Reflections on a Senator
Caught in Water Closet,
What Would Idaho Do?


Henry J. Stern
Wednesday, August 29, 2007

  "I read the news today oh boy,"
 
What I  noticed was how much news consists of lies. Bruno v. Spitzer, Roger Stone.  Who knew what when?  And the fire tragedy - who cut the standpipe, who stopped the inspections, who approved the gangsters, who ignored DOI, etc.?  
 
The most recent lie, however, may have been told by U.S. Senator Larry Craig of Idaho, who insists he is not gay.

The heart of that issue depends on what your definition of 'gay' is.   It is similar to the 1990's question of what 'is' is.
 
If you mean someone who publicly adopts a homosexual life style or resides and cohabits with a member of the same sex, the answer for Craig is No.   If you mean someone who professes heterosexuality, but has homosexual urges which he occasionally cannot or will not control, the answer is, Probably.   If you mean someone who lives a heterosexual life, but may have homosexual fantasies, the answer is whatever you would like it to be.
 
Larry Craig is 62 years old and owns a ranch.   He has three children and nine grandchildren.  He was first elected to the Idaho Senate in 1974, at the age of 29.  He was elected to the House of Representatives in 1980, and to the United States Senate in 1990. His current term expires January 3, 2009.  He is a member of the conservative wing of the Republican Party, and until a couple of days ago, managed Mitt Romney's campaign in Idaho, a state which is now 22.8 per cent Mormon.
 
Craig has a right, as we all do, to describe himself with whatever sexual orientation he chooses.  He may have had varied experiences. But can he pretend to be a heterosexual when he is in fact a homosexual?  He can, but who will believe him.
 
The voters of the State of Idaho are Craig's employers.  They can vote him out when he comes up for re-election in 2008. He has been an elected official for 33 years. Should he resign now, for having deceived the voters for a generation?  I would think not.   If every public official who fooled the voters had to resign his position, there would be more special elections to fill vacancies than regular elections.   And the people who won the special elections might also deceive the voters.
 
Senator Craig is being attacked severely as was Congressman Barney Frank of Massachusetts, who in 1990, seventeen years ago, allowed, either knowingly or unknowingly, a male prostitute to advertise and solicit business out of his apartment.  There is a difference between the cases.  Congressman Frank was liberal, openly gay and apologized for what had happened.   He was reprimanded by the House, 408 votes to 18, but re-elected nine times since then by the voters of his district.   Senator Craig has been a public enemy of gay rights, denies his own alleged sexuality and says he did not commit the act for which he pleaded guilty.  He appears to be a hypocrite of the first order, but he may not believe that he is.  
 
First, he may think of himself as straight most of the time, with occasional lapses.   He may believe your sexuality is what you declare, like choosing a political party. He may rely on his voting record that shows hiss hostility to the gay community.  He may think that he is bisexual, not gay.  Fortunately, there are no Nuremberg laws in the United States to determine who is gay and who is straight.  People choose what they wish to be, whether they be right or wrong in their opinion...
 
Several other thoughts occur to us.  One is the issue of entrapment.  Is a police officer sitting in an empty toilet stall in an airport restroom, waiting for someone to ask for sex pursuing a legitimate public purposes?  Tapping one's foot on the floor is said to be a signal that sexual activity is desired.  Who tapped his foot first, and does it make any difference?  If the officer tapped first, that appears to be a greater level of entrapment.  But even if the Senator tapped first, if the occupant of the adjacent stall was heterosexual, or homosexual but uninterested in a liaison, he need not have moved his foot up and down  slowly in response, which signaled that he was receptive to sexual activity.  Link to the police report , posted on thesmokinggun.com, by clicking here, but keep in mind that not all of it is necessarily true, as has been shown in other police operations (e.g. Rodney King, Abner Louima, et al.)

Is it lewd behavior to tap one's foot?  Maybe not if one has an ipod, but what if the next stall were occupied by a drug dealer, and tapping was considered a sign that the tapper was a customer?  Would the tap be evidentiary as to criminal intent?  In this case, reasonable people can assume that Craig wanted sex.  But does unrequited desire justify police intervention?  In New York City, the police abandoned spying on people in toilets years before the MTA abandoned the toilets themselves.
 
If the facts are as has been stated by the press, there is nothing that should compel Senator Craig's resignation from the Senate.  He has a right to be judged by the electors, not be hounded from office by self-appointed judges who may be bigger hypocrites than Craig is.
 
Why doesn't the Senator have the wisdom and courage to say.  "I think of myself as heterosexual . I try to live that life with my beloved family.  I have gay impulses to which I sometimes yield.  I believe that God made me the way that I am, and I look to Him to give me the strength to be what I want to be.  None of this has anything to do with my service to the people of Idaho, to whom I entrust my future."?   The answer may be that if it wouldn't play in Peoria, it certainly wouldn't play in Pocatello.
 
The Senator says, in effect: "I didn't do anything wrong.  I pleaded guilty without a lawyer, not thinking of the consequences.  I just wanted to get out of there." It appears obvious that he believed, or was told, that if he pleaded guilty to disorderly conduct and paid the fine, nothing would be said about the nature of his conduct and he would escape public attention.  It was reasonable but overly optimistic for him to conclude that if he paid $575 he could avoid public scandal.
 
For better or for worse, this sort of thing inevitably is found out.  It took about ten weeks for the tale to reach from Minneapolis to Roll Call, the Capitol Hill newspaper, and thus the world.  This is not the only incident of this sort in which Senator Craig was allegedly involved.  Rule 16-J is " Nobody does it once." ( The letter J in the title of the rule indicates that it was inspired by Michael Jackson.)
 
There are gay people all over the world, for reasons we do not presently know, but science is probably on the verge of discovering brain differences which affect sexual preference.  More enlightened cultures accept gay people; others make same-sex behavior punishable by death.  In many places, there are superficial prohibitions, but in fact toleration.  In the United States, attitudes vary from region to region and class to class.  There is no question that enormous progress has come in the last half century, and gays and lesbians are now freer here than they ever were, although there are miles to go.  Still there are geographic areas and particular cultures in this country where there is hostility and discrimination against people because of their sexual orientation.  For example, attitudes differ between Massachusetts and Idaho.
 
I do not know Senator Craig, and there is nothing in his record that appeals to me in any way.  It is still sad to see him hoist on the petard of his inability to control his own desires, while at the same time pandering to the views of those who have the most contempt for what he is.  Hopefully, the day will come when the Craigs of this world will not have to tap their feet in toilet stalls to make furtive contact, and police will not hover in adjacent stalls trying to ensnare them.  However, for someone who holds elective office in the real Idaho, not My Own Private Idaho, that day is likely to be a long way off.


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