By Richard Kim
Copyright by The Nation and Richard Kim
August 31, 2007
One way or another, Larry Craig is a goner. Facing intense pressure from Republican party chiefs and the embarrassment of having audio of his arrest broadcast on national TV, Craig is expected to resign shortly. If he doesn't, the RNC is prepared to call for his head and launch an ethics investigation.
Personally, I'm hoping Craig digs in and forces the issue. I'd love to see Mitt Romney elaborate on what he finds so "disgusting" about "I'm not gay" Craig, or Mitch McConnell explain why admitted john David Vitter is still in the Senate or why crook Ted Stevens hasn't been stripped of his committee assignments. The mutually assured destruction of the party of piety and hypocrisy is the best-case scenario one could hope for here.
Not that it doesn't come with a certain amount of collateral damage. Since Roll Call broke the Craig story, mainstream media--from Slate's Explainer to the Washington Post--have seemingly "discovered" the strange mating rituals of male public sex. A Sacramento CBS news duo even took it upon themselves to reenact the scene, complete with toe-tapping and prop bathroom stall divider. "Sexperts" have been called upon to parse the difference between a tap-tap-tap that signals sexual interest and a tap-tap-tap that indicates a difficult bowel movement. Websites like cruisingforsex.com, which lists places where men meet for the former kind of toe-tapping, have had the most unlikely visitors from Newsweek.
Welcome America! Welcome to the world--not just of underground gay sex--but of law enforcement. The Minneapolis airport police have been slouching here for quite some time. Apparently, since May of this year, they've made 41 arrests like Craig's in an elaborate sting operation. Not to be outdone, the head of the Atlanta International Airport police boasted that they've arrested 45 men (take that Minneapolis!), including "a couple college professors" and "the CEO of a bank" (but alas, no Senators) in a similar sweep. As Doug Ireland reports over at Gay City News, Michigan police have them all beat; the Triangle Foundation reports "a caseload of 770 arrests in four months."
I didn't stress this in my last post on Craig--because I didn't think I'd have to--but such dragnets are not only motivated by homophobia, but are practically, if not technically, police entrapment. They're a legacy of a pre-Lawrence legal order that criminalized sodomy, and they endure to this day because gay sex, even and perhaps especially the suggestion of its solicitation, is still seen as violation of the norms of public life.
Heterosexuals routinely use public space and the internet to solicit sex from each other; sometimes this sex is among perfect strangers or in public (or quasi-public) itself. Unless they involve minors, none of these practices are the subject of undercover busts. Instead they're romanticized (teenage makeout sites), tolerated as nuisances (bad pickup lines, whistles, Lindsay Lohan) or generally treated as vital, sexy aspects of modern social life and economy.
Just once I'd like to see the script flipped. Why don't the Minneapolis police post undercover female cops at airport bars who gesture provocatively towards the bathroom and then arrest any man who follows? Using newfound, post-9/11 surveillance powers, law enforcement should determine the identities of everyone who posts details of their sexcapades on www.milehighclub.com. These are dangerous, lewd heterosexuals who have admitted to having had actual sex--not in the airport--but on the airplane! Baby-faced, 21 Jump Street-type cops should be assigned to every high school to offer blowjobs to jocks underneath the bleachers. Anyone who shows up at the designated coordinates should be arrested. Depending on the jurisdiction, some arrestees may even get their names permanently listed on sex offender registries! The entire city of Myrtle Beach should be staked out for the month of March. And don't even get me started on the subject of Craigslist.
These scenarios may seem outlandish and as long as we live in a straight world, they will never come to pass. But all the tools for their enforcement are already upon us. As Jack Dwyer points out in his excellent anatomy of police surveillance in a post-9/11 New York, the NYPD routinely uses undercover operatives to monitor gatherings as benign as bicycle rides and memorials. These techniques are rightly decried as infringements on the rights of citizens to use the public sphere to express themselves. When that expression is explicitly political, the left reflexively leaps to the fray. But when it comes in the form of someone like Larry Craig, we seem somewhat adrift (see the Slate editors). But nothing Craig did--he solicited, but did not have, sex in public--should be illegal. In fact, absent his hypocrisy, nothing he did should be objectionable either.