The Discussion That Wasn’t

It’s official. Yesterday, President Barack Obama formally nominated former Sen. Chuck Hagel (R-NE) for Secretary of Defense. Obama’s announcement recounted Hagel’s qualifications: an enlisted Purple Heart veteran of the Vietnam War, Veterans Administration deputy administrator during the Reagan Administration, and serving on the Senate Foreign Relations Committee and the Intelligence Committee in the Senate. He voted for the Iraq War, but became a vocal critic as the war’s execution was bungled by the Bush administration, something that people who have actually served in combat tend to do, much to the annoyance to those who convinced themselves they knew what they were doing. After retiring in 2009, he became chair of Obama’s Intelligence Advisory Board, a move which the GOP sees as traitorous on par with Tokyo Rose. I don’t see how anyone can say he’s unfit to be Defense Secretary. They may disagree with him on policy — or Obama’s policies, more specifically — but we had an entire election where we got to debate those policies and Obama won. So here we are.

But there is that thing about Hagel’s anti-gay record, and it’s not a small thing. A full recap is in order, and this time I want to go over the full context rather than relying on drive-by pull-quotes. Let’s start at the beginning.

Hagel vs. Hormel, 1998
Fourteen years ago, President Bill Clinton nominated James Hormel as ambassador to Luxembourg. Senate Republicans, led by Senate Majority Leader Trent Lott (R-MS) immediately set about blocking his nomination. Sen. Chuck Hagel (R-NE) was just one of many Senators on both sides of the aisle to express their concern for the appointment. Those expressions ranged from mild to wild, with Hagel staking out the wilder side. On July 3, 1998, Hagel expressed his concern to the Omaha World-Herald this way:

Ambassadorial posts are sensitive, Hagel explained.

“They are representing America,” he said. “They are representing our lifestyle, our values, our standards. And I think it is an inhibiting factor to be gay — openly aggressively gay like Mr. Hormel — to do an effective job.”

Hagel noted a documentary, filmed with money Hormel donated, that showed teachers how they could teach children about homosexuality. He said he had seen another video clip that showed Hormel at what Hagel called an anti-Catholic event in San Francisco, featuring the “Sisters of Perpetual Indulgence,” a group of male drag queens.

“It is very clear on this tape that he’s laughing and enjoying the antics of an anti-Cathloic gay group in this gay parade,” Hagel said. “I think it’s wise for the president not to go forward with this nomination.”

…

Over the years Hormel, a former dean of the Chicago Law School, has given money to civil-rights groups, colleges, symphonies, and to groups fighting autism, breast cancer and AIDS. Hormel listed the contributions in a letter to a supporter, Sen. Gordon Smith, R-Ore. In the letter, Hormel said he provided “minor” support for the teacher documentary and had no control over its content.

The Log Cabin Republicans, a gay group, says the videotape from the San Francisco event resulted when men dressed as nuns walked past a broadcast booth where Hormel, a well-known civic leader in the city, was giving an interview to a local reporter.

Hormel’s homosexuality is not the problem, say Hagel and other opponents of the nomination. It’s his openness about being gay and his advocacy of some causes, they say.

…

Hagel, meanwhile, said a homosexual should not necessarily be disqualified from all ambassadorships.

His approach to nominees, he said, has been to examine the person’s qualifications first. The United States has had gay ambassadors in the past and gays in the military, who have done well by quietly adopting the Pentagon’s current “don’t ask, don’t tell” attitude.

Hormel, however, has gone beyond that, Hagel said.

He “very aggressively told the world of his gayness and the funding and all the things he’s been involved in. I think you do go beyond common sense there, and reason and a certain amount of decorum,” Hagel said.

“If you send an ambassador abroad with a cloud of controversy hanging over him, then I think it’s unfair to our country, it’s unfair to the host country and it’s unfair to the ambassador because the effectiveness of that individual is going to be seriously curtailed. That’s just a fact of life. And I believe Hormel’s situation is one of those.”

It’s important to remember the context in 1998, when any kind of pro-gay gesture was fodder for anti-gay prejudice, whether it was attending a Pride parade — regardless of whether drag queens and Sisters were there or not — or suggesting that a discussion about the issues of LGBT youth. Fourteen years ago, those were areas that even our supporters feared to tread, and more often than not, they would inoculate themselves by bemoaning Pride parades and assuring a jittery public that nobody would come within a thousand miles of their children with material that might suggest that having two moms or experiencing “funny” feelings might be something to talk about.

I say that not to excuse or exonerate Hagel. Instead, it goes to show how powerful a cudgel Hagel wielded when he made those remarks to the World-Herald. That was in 1998, and Hagel would spend the next ten years in the Senate opposing nearly every pro-gay measure, racking up a very nearly perfect zero score on the Human Rights Campaign’s congressional scorecard. There were two exceptions: Hagel supported reauthorization of the President’s Emergency Plan for AIDS Relief (PEPFAR), which included an end to Jesse Helms’s cherished AIDS travel ban. That nudged his HRC score off of zero for 2007-2008, even though I’m unclear about whether he voted for it because of, despite, or with indifference to the lifting of the travel ban. The second exception was a bit smaller: He voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote in 2006. Soon after, he voiced his opposition to the FMA, earning this rebuke from Focus On the Family.

But before we continue, it is important to note a few more things about Hagel’s term as Senator. LGBT issues aside (and his record in that area was deplorable), Hagel had earned a reputation as a moderate in the Senate. Those positions in today’s GOP would have made him a traitor, but just ten short years ago, when Hagel criticized the war in Iraq and the Bush Administration’s “war on terrorism” rhetoric as needlessly alarmist, and criticized the prison on Guantanamo as the reason the U.S. was “losing the image war around the world,” questioning things that were going wrong wasn’t yet a crime against nature. He voted against “No Child Left Behind”, but supported President Bush with the Comprehensive Immigration Reform Act of 2006, which would have provided a pathway to residency and citizenship for undocumented immigrants who have been in the country for five years. During Sen. John McCain’s (R-AZ) 2008 run for president, he floated Hagel’s name as someone who would make a good Secretary of State for a McCain Administration.

Hagel v. Hormel, 2012
Since Hagel’s retirement on January 3, 2009, he has stayed mostly out of the limelight, only to re-emerge over the past year or so. In 2011, he said that there was the Defense Department is “bloated”, and said that diplomats should, you know, engage in diplomacy, with Iran and Hamas. He now is being criticized for having said things like, “I’m not an Israeli senator. I’m a United States senator” — a statement that wasn’t nearly as controversial just a few short years ago in the GOP as it is today. He also, inelegantly, said that the “Jewish” lobby has too much influence. If he had said “Israeli lobby” instead, he would have been more accurate, but I don’t think it would have shielded him from accusations of being an anti-Semite since the dominant GOP trend now is to show what a strong “friend of Israel” you are by never contradicting Netanyahu on anything. In 2012, he endorsed Democrat Bob Kerrey in the race for an open U.S. Senate seat in Nebraska, and you just know that didn’t go over very well with fellow Republicans either.

So when rumors began to circulate that President Barack Obama was thinking about nominating Hagel for Defense Secretary, the knives were already out. Meanwhile, the LGBT community remembered Hagel’s comments to the Omaha World-Herald in 1998, a rediscovery which reopened a lot of old wounds in the LGBT community. HRC’s Chad Griffin said on December 20, “Senator Hagel’s unacceptable comments about gay people, coupled with his consistent anti-LGBT record in Congress, raise serious questions about where he stands on LGBT equality today.” Hagel moved quickly to try to put out that fire with this short statement to Politico on December 21:

My comments 14 years ago in 1998 were insensitive. They do not reflect my views or the totality of my public record, and I apologize to Ambassador Hormel and any LGBT Americans who may question my commitment to their civil rights. I am fully supportive of ‘open service’ and committed to LGBT military families.”

Naturally, given the timing and brevity of Hagel’s statement, Hormel’s initial reaction was negative:

“I have not received an apology,” Hormel, who is a major figure in Democratic politics, told me. “I thought this so-called apology, which I haven’t received, but which was made public, had the air of being a defensive move on his part.” Hormel added that the apology appeared to have been given “only in service of his attempt to get the nomination.”

But a few hours later, after Hormel had a chance to think it over, he issued this statement accepting Hagel’s apology and supporting his nomination:

Senator Hagel’s apology is significant–I can’t remember a time when a potential presidential nominee apologized for anything. While the timing appears self-serving, the words themselves are unequivocal–they are a clear apology. Since 1998, fourteen years have passed, and public attitudes have shifted–perhaps Senator Hagel has progressed with the times, too. His action affords new stature to the LGBT constituency, whose members still are treated as second class citizens in innumerable ways. Senator Hagel stated in his remarks that he was willing to support open military service and LGBT military families. If that is a commitment to treat LGBT service members and their families like everybody else, I would support his nomination.

As Hormel says, there has been a huge shift in public opinion since 1998. Actually, you don’t have to go back that far to see a strong shift. You only have to go back to 2008, the year that Hagel voted to rescind the HIV travel ban but voiced support for DADT, and the year that he retired from the Senate. That same year, Californians voted 52.2% to 47.8% to strip gays and lesbians of their right to marry. Voters in Arizona and Florida also enshrined discrimination into their state constitutions. In 2009, Maine voters rejected a bill granting same-sex marriage by 52.9% to 47.1%.

But three short years later, in 2012, Maine voters reversed themselves on the same question by very nearly the same margin, 52.7% to 47.3%. Voters in Washington and Maryland — with substantial support even from GOP voters — also approved marriage equality bills, and Minnesota voters rejected an attempt to deface their constitution with discrimination. In that same short time span, “Don’t Ask, Don’t Tell” was repealed with bipartisan support; the New York, Vermont, and New Hampshire legislatures enacted marriage equality, also with bipartisan support; former Rep. Bob Barr (R-GA), who had authored the “Defense of Marriage Act,” came out for DOMA’s repeal; and two current GOP representatives are cosponsoring a bill to do just that.

That represents a huge sea change in LGBT politics in just four years. Of course, not all Republicans are participating in that change. Among elected officials and party activists, the vast majority are not, as evidenced by what was perhaps the GOP’s most overtly homophobic platform in history. But taken together, that represents an extraordinarily wide spectrum within the Republican Party, with people like Rep. Ileana Ros-Lehtinen (R-FL, and a vice chair of the LGBT Equality Caucus) on one end and Rep. Louis Gohmert (R-TX, retrograde) on the other. It’s safe to say that Hagel falls somewhere within that very wide spectrum, but exactly where he is we don’t know.

Unwarranted Attacks
And the way things are shaping up, few of our so-called “advocates” are interested in finding out. I can’t think of another context in which a politician who had previously had a pretty solid anti-gay voting record and who had, just a few short years later, voiced support LGBT Americans’ civil rights — and those were his words — only to have everyone evaluate that transformation not in terms of what it means for LGBT Americans, but strictly through the lens of unrelated politics. And in this case, it seems to be politics related to whether Israel or America determines American foreign policy. At least that’s how Log Cabin Republicans appear to have framed the issue. When rumors first began circulating that Hagel was being considered for Defense Secretary, L. Clarke Cooper responded on December 14:

Speaking for himself and not for LCR, Cooper wrote in an email, “I recall working with Senator Chuck Hagel and his staff during the Bush administration and he was certainly not shy about expressing his criticisms. But despite his criticisms, Hagel voted with us most of the time and there was no question he was committed to advancing America’s interests abroad. As for his nomination to be secretary of defense, it is well worth noting that Senator Hagel is a combat veteran who has hands-on experience in the field. The battlefield is not just theory for him.”

The timeline here is important because it helps to provide context. Cooper voiced this support for Hagel after reports were circulating about his 1998 comments to the Omaha World-Herald and before Hagel apologized for those comments. Which means that Cooper was defending Hagel despite Hagel’s comments from 1998.

LCR’s mission, according to its own web page, is “to build a stronger, more inclusive Republican Party” while adhering to what LCR calls the party’s “core values.” And so when a previously anti-gay politician utters words which indicate a shift away from exclusion towards inclusion, one might think that an organization which claims to promote inclusion would want to encourage that. You know, something like this:

Hey, we’re glad you came around. We’re glad you apologized. It’s a really good start, but we’d like to know more. What changed? Why did you change? And that thing you said, about your commitment to our civil rights. This is the first time you’ve said anything like that. Can you tell us more? Which of our civil rights are you committed to? And that thing about LGBT military families: that’s an important issue that’s still unresolved. Thanks for noticing. What issues to you think you can resolve for them? Where do we go from here?

LCR’s Hagel Ad in The New York Times, December 27, 2012. (Click to enlarge.)

There are so many things LCR could have done, and it appeared that based on what Cooper said before Hagel apologized, LCR was in the perfect position to carry out what it claims to be its mission. Bizarrely, Log Cabin Republicans did exactly the opposite. After Hagel issued his apology, Log Cabin Republicans placed an expensive, full-page ad in the December 27 edition of the New York Times quoting from Hagel’s 1998 comments — as though his more recent statement had never been uttered — and tied their opposition to Hagel to Israel and Iran. And as icing on the cake, they called the man who, for the first time in his career recognized “LGBT Americans’ civil rights” by using those very words, “Wrong on Gay Rights.”

Bizarre, I know. But then, this is the same organization who endorsed a presidential candidate who signed on to the National Organization for Marriage’s five-point plan to destroy LGBT Americans’ civil rights. What can I say but “Exclusion wins!”

Oh, and Israel! Iran! Wherever that came from.

LCR’s Hagel Ad in The Washington Post, January 7, 2013. (Click to enlarge.)

LCR doubled down yesterday with another expensive full-page ad in the Washington Post. This time, they made it all about the gays, leaving the Middle East out of it. But of course, in the context of the greater GOP opposition, LCR has already shown their hand with The Times ad. In this ad, they claim to examine Hagel’s anti-gay record — except, of course, they left out his 2006 change of heart on the FMA because that inconvenient fact interrupts their narrative. (If you recall, that would be the very same position on FMA that LCR explicitly cited when they endorsed McCain for president in 2008.) And in a particularly juvenile move, LCR decided to acknowledge Hagel’s brief apology by crossing their arms, stomping their feet and shrieking “Too little, too late“. Seriously. That’s the concluding line they stamped across the bottom of their ad. It’s a fine retort for a first-grader, but not from mature adults who claim that they want to actually accomplish something.

If this is how LCR slams people who make a move towards inclusion while rewarding presidential candidates who really do want to turn back the clock on our civil rights, then they’ve pretty much sent the message to everyone in the GOP that they may as well stay right where they were in 1998.

Unearned Embraces
If LCR represents one cynical extreme with its irrational reaction to Hagel’s statements, then thank goodness we still have the Human Rights Campaign around to remind us about its well-earned reputation for being too cozy with Democratic politics.

HRC’s mission, according to their web page, is “to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.” And so when a previously anti-gay politician utters words which indicate a tentative shift away from discrimination and towards fairness and equality, one might think that an organization which claims to promote those values might want to seize the initiative and try to elicit some kind of a follow-up to Hagel’s three sentence statement. Obviously Hagel’s apology raises far more questions than it answers. If that’s all he has to say on the subject, than I don’t think anyone with a shred of self-respect would accept it as a final word. After all, contrary to Hagel’s assurances LGBT Americans do have plenty of good reasons to question Hagel’s commitment to their civil rights. Those reasons can be found in his own record.

And so, you might think that HRC, given their mission, might want to say something to encourage Hagel to clarify what he meant. Something along the lines of–

Hey, we’re glad you came around. We’re glad you apologized. It’s a really good start, but we’d like to know more. What changed? Why did you change? And that thing you said, about your commitment to our civil rights. This is the first time you’ve said anything like that. Can you tell us more? Which of our civil rights are you committed to? And that thing about LGBT military families: that’s an important issue that’s still unresolved. Thanks for noticing. What issues to you think you can resolve for them? Where do we go from here?

You know, the same kinds of questions that LCR could have raised.

But no. The ink was barely dry on Hagel’s apology when we got this instead:

Senator Hagel’s apology and his statement of support for LGBT equality is appreciated and shows just how far as a country we have come when a conservative former Senator from Nebraska can have a change of heart on LGBT issues,” HRC President Chad Griffin said in a statement. “Our community continues to add allies to our ranks and we’re proud that Senator Hagel is one of them.”

Nothing more to talk about here. Forget everything you remembered about him. He’s our pal now, and there’s no need to worry our pretty little heads over him anymore.

True, it’s much better than kicking Hagel to the curb. But it’s a far cry from anything that would remotely resemble clarity, let alone accountability. HRC has declared the subject closed and there’s nothing more to talk about.

There is a silver lining though: at least they didn’t spend a couple hundred grand on that message.

Where Do We Go From Here?
But the conversation isn’t over. It’s barely even started. And so let me close with two statement which, I think, strike the right balance and invites Hagel to expand on his all-too-brief statement. And of all places, the first one comes from the National Gay and Lesbian Task Force, an organization that is often criticized for diluting their efforts across a wide array of non-LGBT issues. In 2012, the NGLTF even went so far as to claim “synergy” between same-sex marriage and an attempt to add casino gambling in Maryland. But on the Hagel nomination, the NGLTF gets it mostly right:

“We continue to express our concerns about the nomination of former Sen. Chuck Hagel as secretary of defense due to his poor track record on LGBT equality and reproductive rights. Cabinet choices set the tone for an administration and it is critical that those members support fairness, women’s health and the belief in a level playing field for all. Though Chuck Hagel has recently apologized for past anti-gay remarks, we expect him to fully explain his views during the confirmation process and what steps he intends to take as defense secretary to demonstrate his support for LGBT members of the military and their families. We recognize that people do evolve on these issues and we hold out hope that, if confirmed, Hagel will meet the bar set by other cabinet secretaries and the administration when it comes to ensuring fairness for all LGBT military families and for women in the military.”

And the second one comes from Sen. Tammy Baldwin (D-WI), who said this to MSNBC’s Andrea Mitchell:

“I do not know Chuck Hagel…I do want to speak with him, particularly about his comments 14 years ago, to see if his apology is sincere and sufficient. I want to hear how he’s evolved on this issue in the the last 14 years because the significance to the post to which he’s been nominated is the respect for now openly gay members of the military who because of the repeal of Don’t Ask, Don’t Tell can serve openly and we need to see that implemented successfully…”

Both statements strike a good balance, neither damning Hagel as irredeemable nor embracing him as though he has nothing left to answer for. Because the fact remains that he may yet become a good ally, and we’d be foolish to slam the door on that possibility. But we’d be equally foolish to pretend that our legitimate doubts about his commitment to our civil rights either don’t exist or don’t matter.