news of a peculiar lawsuit caught my attention this afternoon. according to the article:
Three bisexual men are suing a national gay-athletic organization, saying they were discriminated against during the Gay Softball World Series held in the Seattle area two years ago.
The three Bay Area men say the North American Gay Amateur Athletic Alliance in essence deemed them not gay enough to participate in the series.
the problem is that the league is set up for gay athletes. banning non-gay athletes from the league is a form of discrimination based upon sexual preference. while the league does allow for two straight players to play on each team, the limitation of players based upon sexual preference appears to be a curb against teams who might recruit ‘ringers,’ that is, players who are exceptionally skilled at softball, but who may have no other affiliation with the group. (this happens a lot in church softball leagues, where teams will field a team full of exceptional softball players who may have never set foot in the sponsoring church, but there’s really no way to stop it. do league officials or members of the other team ask their opponents to quote bible verses to prove that they are actually christians? and does the ability to quote scripture make one a christian? church leagues usually leave the enforcement of team membership to each team. but i digress…)
there is really no way to stop a straight ringer from saying, ‘yep, i’m gay’ and then playing on the team. so, to prevent teams from fielding teams of ringers, and to preserve the gay nature of the league, the league put a limit on the number of straight players a team can have. i am guessing that the allowance for any straight players at all was itself a concession to avoid accusations of discrimination on the basis of sexual orientation while gay advocacy groups are lobbying hard for same-sex marriage around the country.
but this raises another question: how does one test for appropriate level of ‘homosexuality’? is not a man having sexual encounters with another man (among other encounters with women) homosexual and therefore gay? and how does one test for gayness? apparently, the league had a way. according to the article:
Each of the three plaintiffs was called into a conference room in front of more than 25 people, and was asked “personal and intrusive questions” about his sexual attractions and desires, purportedly to determine if the player was heterosexual or gay, the lawsuit alleges.
ouch. i can just see the right latching onto this as an example of a gay organization using a litmus test to determine one’s level of gayness, so that one can either be granted or denied benefits and access to something. sound familiar? it’s the very this that gay advocacy groups are arguing against in states with pending same-sex marriage legislation.
the lawsuit is even more interesting because it is not three straight players attempting to play in the league, but three bisexual players. three bisexual men were apparently prohibited from playing because as bisexuals, they apparently weren’t gay enough. i’m not sure if ucla’s lesbian gay bisexual transgender (lgbt) campus resource center would buy that argument. while some draw a distinction between the two, most consider bisexual to be at least a subset of homosexual. ask the question: how is bisexual not gay? if the definition of bisexual is a person who has sexual attraction to or sexual encounters with members of both sexes, and a homosexual is a person that has sexual attraction to or sexual encounters with members of the same sex, then by definition, bisexuals should be considered gay. all squares are also rectangles, etc.
so, as ridiculous as this lawsuit may sound at first, it will actually be a problem for the league, as well as for gay advocacy groups. again, how does one determine if one is gay? and why should sexual orientation be a determining factor for eligibility in a softball league?
the plaintifs realize the absurdity of the league’s rules and are therefore challenging them. they wanted to travel and play in the tournament, but couldn’t because of their sexual orientation. even if the league is a private league, they will lose because the league take’s advertising and solicit sponsorships. besides, imagine a ‘straights only’ softball league. would that stand up in court? would there be protests?
here’s what will happen: the plaintiffs will win this case. the north american gay amateur athletic alliance should immediately settle this case, apologize, fly the three men to wherever they want to go, let them play, and change their rules. in a world where even gender is being challenged (girls can now play little league and boys can play softball), and where the olympics and women’s sports leagues are encountering issues of transgender and hermaphroditic/intersexual competitors, it seems a ‘gay’ softball league will lose in court every time.
this lawsuit is bigger than softball: same-sex marriage equality is at stake and this case will be used to argue against allowing gay marriage. this case could cause irreparable damage to legitimate efforts to legalize same-sex marriage. opponents of same-sex marriage will tout this case as discrimination against others by homosexuals, and this will not help the cause.
the leagues rules are bad. settle the case, change the rules, apologize, and move on. besides, why not let straight men show support for gay rights by playing in a gay softball league? if straight men are willing to play in a ‘gay softball league,’ then let them. it’s a form of support for the cause and a sign of the straight man’s comfort with his own masculinity. if men who neither have breasts or cancer can walk in a breast cancer walk, why not let straight men play in a gay softball league?
here’s fox news’ attempt at being funny.
Filed under: i'm not making this up, justice and legal, sexuality, sports Tagged: | bisexual, court, gay, hermaphrodite, homosexual, intersexual, lawsuit, north american gay amateur athletic alliance, prop 8, same-sex marriage, softball