The Daily Agenda for Wednesday, August 6
August 6th, 2014
Six Marriage Cases at the Sixth Circuit Court of Appeals: Cincinnati, OH. A three-judge pane of the Sixth Circuit Court will hear six — count ‘em, six! — marriage appeals today in a marathon session. All four states in the Sixth Circuit — Michigan, Ohio, Kentucky and Tennessee — have marriage cases on appeals, and the Sixth Circuit apparently decided it was more efficient to give all six cases to the same three-judge panel since they all would likely touch on many of the same legal principles. Those cases will go before Federal Judges Martha Craig Daughtrey (a Clinton appointee), Jeffrey S. Sutton, and Deborah L. Cook (both are George W. Bush appointees).
The biggest case is the one from Michigan, where that state’s ban on same-sex marriage was declared unconstitutional in March. That ruling was doubly satisfying because of Federal District Judge Bernard Friedman’s thorough thrashing of Mark Regnerus’s discredited Witherspoon-funded“study” which purported to show that children of gay couples fared worse than other children. That $700,0000 study was supposed to be marriage equality opponents’ ace in the hole, but it hasn’t worked out that way. Oral arguments for DeBoer v. Snyder are scheduled for one hour, with thirty minutes allotted for each side.
Next up will be the two Ohio cases, Obergefell v. Himes and Henry v. Himes, which have been consolidated for the appeal. In the cases, the State of Ohio is appealing two lower court decisions requiring Ohio to recognize valid out-of-state marriages between same-sex couples on Ohio death and birth certificates. Each side has been allotted thirty minutes. After that, the panel will hear the two consolidated cases from Kentucky, Bourke v. Beshear and Love v. Beshear, which found Kentucky’s ban on recognizing or allowing same-sex marriages unconstitutional. For those cases, the panel has allowed fifteen minutes per side. And finally, the panel will hear Tennessee case, Tanco v. Haslam, which also required Tennessee to recognize out-of-state marriages. Those two sides were also allotted fifteen minutes each. All of this gets underway at 1:00 p.m. EDT at the Potter Stewart Federal Courthouse in Cincinnati.
Pride Celebrations This Weekend: Antwerp, Belgium; Charleston, SC; Eugene, OR; Indianapolis, IN (Black Pride); Madgeburg, Germany; Madison, WI; Malmö, Sweden; Mannheim, Germany; Moscow, ID; New Westminster, BC; Plymouth, UK; Reykjavik, Iceland; Santa Ana, CA; Swindon, UK; Toronto, ON (Leather Pride); Wilkes-Barre, PA; Windsor, ON.
TODAY’S AGENDA is brought to you by:
Indy’s self-described “hottest bar” in 1982 is still hopping today as Downtown Olly’s a gay bar with drag shows by the Ollywood Divas.
TODAY IN HISTORY:
► Plymouth Colony Convicts Two Men Of “Lewd Behavior and Unclean Carriage”: 1637. The crime wasn’t sodomy — that required proof of penetration — but it was shocking nevertheless. From the official record:
John Allexander & Thomas Roberts were both examined and found guilty of lewd behavior and unclean carriage one with another, by often spending their seed one upon another, which was proved both by witness & their own confession; the said Allexander [was] found to have been formerly notoriously guilty that way, and seeking to allure others thereunto. The said John Allexander was therefore censured [sentenced] by the Court to be severely whipped, and burnt in the shoulder with a hot iron, and to be perpetually banished [from] the government [territory] of New Plymouth, and if he be at any time found within the same, to be whipped out again by the appointment [order] of the next justice, etc., and so as oft as he shall be found within this government. Which penalty was accordingly inflicted.
Thomas Roberts was censured to be severley whipped, and to return to his master, Mr. Atwood, and serve out his time with him, but to be disabled hereby to enjoy any lands within this government, except he manifest better desert.
[Source: William B. Rubenstein. Lesbians, Gay Men, and the Law (New York: New Press, 1993): 47-53.]
► A Case Of Adhesiveness “So Excessive, As To Amount To a Disease”: 1836. Today we recognize phrenology as a pseudoscience, but in the late 1700s the attempt to map various human characteristics to different regions of the brain was notable for two things: 1) it reflected a growing realization among scientists that all of those things associated with the mind — thoughts, feelings, and emotions — were actually products of the brain rather than the heart, eyes or gut; and 2) it reflected a growing understanding that the brain wasn’t just a lump of homogenous gelatinous tissue, but was organized in some kind of a structure with specialized functions taking place in different regions of the brain.
In these ways, phrenology set the stage for the later development of neuroscience and psychiatry. But until then, it also became the basis for some strange and sometimes dangerous beliefs, particularly the belief that the shape of a person’s skull could reveal that individual’s intelligence and character. In some cases, these beliefs took on racial and nationalistic tones, as the skulls of South Asians and Africans were compared with various European skulls and found to be deficient in the eyes of many phrenologists.
The theories behind phrenology were first articulated by the German physician Franz Joseph Gall, who described the process of reading the shape of an individual’s skull to ascertain that person’s strengths and weaknesses. Gall’s collaborator, Johann Spurzheim carried Gall’s theories to England and Scotland in a series of lectures. Scottish lawyer George Crombe, whose interest in phrenology was based on the desire to understand what made criminals criminal, brought those lectures to the general public’s attention when he founded the Phrenological Society in 1823. Between the Society’s Phrenological Journal and Crombe’s best-selling books, Elements of Phrenology (1824), and The Constitution of Man and its Relationship to External Objects (1828), he drew attention to the emerging science from both professionals as well as in the popular press.
Among those drawn to the new “science” was a young Scottish surgeon, Dr. Robert Macnish. In 1837 he published An Introduction to Phrenology, which was both a paean to the “genius of Gall,” and a vigorous defense of Gall’s controversial theories. Macnish would wind up being a minor figure in phrenology, owing to his early death (unmarried) at the age of 38 that same year. But because Macnish provides us with the earliest description of what we would now recognize as homosexuality in a medical journal in 1836 — and we’ll get to that in a moment — his views on phrenology are particularly relevant. Macnish’s book, much like a catechism, is organized as a series of questions and answers. Here, in laying out the foundation of the theories of Phrenology, he explained how the brain was organized:
There is irresistible evidence to demonstrate that the brain is not a single organ, but in reality a congeries of organs, so intimately blended, however, as to appear one. Each of these is the seat of a particular mental faculty; so that, as the whole mind acts through the medium of the whole brain, so does each faculty of the mind act through the medium of a certain portion of the brain. Thus, there is a part appropriated to the faculty of Tune, another to that of Imitation, and so on through the whole series. The brain, in short, as Dr. Spurzheim observes, “is not a simple unit, but a collection of many peculiar instruments.”
These “instruments” were called “organs” or “faculties.” If a particular organ was especially well-developed, then the area of the skull corresponding to that organ would be enlarged, perhaps as a bulge or a lump. A deficiently developed organ would correspond to a smaller area, perhaps an indentation or a recessed area. By conducting a full “reading” in which precise measurements were made for each of the organs (Macnish listed 35 such organs; some phrenologists listed as many as 95), an individual’s entire intellectual, emotional and moral fitness could be determined.
Two particular organs hold special interest to those who would look for evidence of homosexuality in history, since that particular word did not exist back then (see May 6). To find the first organ of interest, reach back and place your fingers on your upper neck at the base of your scull. Now move outward toward your ears. Feel those two bumps on either side of your skull? Those constitute the organ of Amativeness, which — and I’ll bet you didn’t know this — is the source of your sex drive. Or as Macnish explained, “the seat of the amative propensity”:
This point is now universally admitted by physiologists, and is supported by so many facts that it can no longer be doubtful. The effects of cerebellar disease in calling the sexual feeling into vehement action, demonstrate conclusively that the latter has its seat in the particular part of brain alluded to. The great purpose served by Amativeness is the continuance of the species.
…(I)t is generally very full in those unfortunate females who walk the streets, and gain a livelihood by prostitution. In what are called “ladies’ men” the organ is small. These individuals feel towards women precisely as they would to one of their own sex. Women intuitively know this, and acquire a kind of easy familiarity with them which they do not attain with men of a warmer complexion.
So already you can see that this is the first organ we would want to pay attention to.
Now, from Amativeness, run your fingers upward and inward toward the back center of your skull, at roughly a 45 degree angle. Feel where your skull sticks out furthest out the back? That is Philoprogenitiveness. Macnish wrote that its function was “(t)o bestow an ardent attachment to offspring, and children in general; and, according to some phrenologists, to weak and tender animals.” Phrenologists believed that Philoprogenitiveness was generally better developed in women than in men, as evidenced by their maternal instinct. Now move your fingers upward and outward. You may notice a pair of smaller bulges forming a kind of a corner of your skull. These two bulges collectively are the organ of Adhesiveness, and this is the second organ that we would want to pay close attention to. Macnish explained Adhesiveness this way:
(It) is that portion of the brain with which the feeling of attachment is connected. No faculty, save Destructiveness, is displayed more early than this: it is exhibited even by the infant in the nurse’s arms. When very strong, it gives ardent strength of attachment and warmth of friendship.
Does this faculty constitute love?
Not strictly speaking; for love, in the legitimate sense of the word, is a compound of Amativeness and Adhesiveness. Such is the love which the lover bears to his mistress, and the husband to his young wife. The attachment of a parent to his child, or of a brother to his sister, is not, in reality, love, but strong Adhesiveness—powerfully aided, in the former case, by Philoprogenitiveness.
Is this faculty more energetic in men or women?
Generally in the latter; although in men there are not wanting instances of the most violent attachments, even towards their own sex. Such is represented to have been the case with Pylades and Orestes, and with Damon and Pythias, whose attachment to each other (the result of excessive Adhesiveness) defied even death itself. What beautiful pictures of friendship between men, have been drawn by Homer, by Virgil, and by the sacred writers, in the instances of Achilles and Patroclus, of Nisus and Euryalus, and of Jonathan and David!
If an individual’s Amativeness, Philoprogenitiveness and Adhesiveness were well-developed — and by that I mean if all of those bulges were prominent — then a happy and fulfilling family life was assured. But if, for example, a person’s Amativeness was deficient but his Adhesiveness was prominent, then you might have a situation that Macnish briefly described in the August 6, 1836 edition of the journal The Lancet. As far as I know, this single paragraph is the earliest description of romantic love between two men to appear in a English-language medical journal:
ADHESIVENESS. — I knew two gentlemen whose attachment to each other was so excessive, as to amount to a disease. When the one visited the other, they slept in the same bed, sat constantly alongside of each other at table, spoke in affectionate whispers, and were, in short, miserable when separated. The strength of their attachment was shown, by the uneasiness, amounting to jealousy, with which the one surveyed any thing approaching to tenderness and kindness, which the other might show to a third party. This violent excitement of adhesiveness continued for some years, but gradually exhausted itself, or at least abated to something like a natural or healthy feeling. Such attachments are, however, much more common among females than among the other sex. — Dr. Macnish.
Macnish wasn’t the only one to associate an overdeveloped Adhesiveness, when accompanied by an underdeveloped Amativeness, with what we would today recognize as homosexuality. Phrenology was immensely popular in the United States through much of the first two-thirds of the nineteenth century, with Walt Whitman one of its devotes. In Democratic Vistas (1871), Whitman spoke of “adhesive love, at least rivaling the amative love.” When Whitman published his first edition of Leaves of Grass in 1855, he called phrenologists “the lawgiver of poets” in his introduction, and he scattered phrenological terms and concepts throughout his poetry, like these lines from “Song of the Open Road”:
Here is adhesiveness, it is not previously fashion’d, it is apropos;
Do you know what it is as you pass to be loved by strangers?
Do you know the talk of those turning eye-balls?
[Sources: George Crombe. Elements of Phrenology 3rd ed. (Edinburgh: John Anderson, Jr., 1828). Available online at Google Books here.
George Crombe. The Constitution of Man and its Relationship to External Objects 7th ed. (Edinburgh: John Anderson, Jr., 1828). Available online at Google Books here.
Robert Macnish. An Introduction to Phrenology 2nd ed. (Glasgow: John Symington & Co., 1837). Available online at Archive.org here.]
► John “Bunny” Breckinridge: 1903-1996. Independently wealthy, he was the great grandson of U.S. vice president John Breckinridge and the founder of Wells Fargo Back Lloyd Tevis. He was born in Paris and studied at Eton College and Oxford University. Gravitating toward acting, he performed in Shakespeare in England before moving to San Francisco in the late 1920s. He had all of the advantages that life could offer, but today the one thing he is the most known for would have to be his appearance as “The Ruler” in Ed Wood’s 1956 film Plan 9 From Outer Space. The film featured Los Angeles late-night television movie host Vampira and the narcotics-addled Bela Lugosi, the latter made possible by scenes spliced into the film which had been shot for another abandoned project shortly before Lugosi died. The film was so bad it remained unreleased until 1959 because distributor after distributor refused to take it on. Michael Medved named it “The Worst Film Ever” in his 1981 book, The Golden Turkey Awards. Despite, or perhaps because of, that nomination, Plan 9 has somehow managed to become a camp classic, although copious amounts of alcohol is generally considered a requirement to render the film tolerable.
Breckenridge lived the sort of life for whom the word “eccentric” was coined. He became a drag queen in Paris in 1927, where he married the daughter of a reputed French countess. The couple had a daugher, then divorced in 1929, and he moved to the U.S. Two decades later, as all of America was riveted over the news of Christine Jorensen’s gender re-assignment surgery (see May 30), Breckenridge decided to give it a whirl. He announced plans in 1954 to go to Denmark for the surgery so he could marry his then-boyfriend, but those plans fell apart when a Judge in San Francisco ordered him to make good on an earlier agreement to financially support his elderly blind mother. He then decided to go to Mexico for a less expensive operation, but a car accident scotched those plans. I’ll let Bill Murray, who played Breckenridge in Tim Burton’s 1994 biopic Ed Wood, take it from there:
Shortly after the Plan 9’s release, Breckenridge was arrested for taking two underage boys on a trip to Las Vegas. That landed him in the Atascadero State Hospital for the Criminally Insane for about a year. After his release, he returned to San Francisco and continued to appear in small local stage productions. He also continued to maintain another home in New Jersey. By the time he became famous again thanks to Burton’s Ed Wood, he was too ill to take part in any publicity events. He died four years later in a Monterey nursing home at the age of 93.
Here’s a clip of the real Bunny Breckenridge from Plan 9:
You can also torture yourself with the full movie here.
► Andy Warhol: 1928-1987. He didn’t invent pop art, but it is more his brand than anyone else’s. Andrej Varhola was born to working class Lemko/Ukrainian immigrants in Pittsburgh, and attended an Eastern Rite Byzantine Catholic Church. Maybe it was the religious icons that filled the church which inspired him to make icons of ordinary things and extraordinary people. Brillo pads and soup cans were more than their mere packages after his treatment, electric chairs became sculptures of transcendent mystery, and Marylin Monroe and Jacqui Onassis became the Madonnas and St. Catherines of the modern era. Even the white-haired wig he wore later in life became an icon of his personality. “I love Los Angeles,” he once said. “I love Hollywood. They’re so beautiful. Everything’s plastic, but I love plastic. I want to be plastic.”
Warhol’s personal life was as scandalous as his films and artwork. In 1968, he was shot by Valerie Solanas, a minor artist working off and on at Wahol’s studio The Factory, and very nearly died. But he would go on to live two more decades, and he remained a devout Catholic, attending Mass nearly daily. When he died after complications from gallbladder surgery, he was buried in Pittsburgh following a traditional Eastern Rite funeral. His will left virtually his entire estate for the establishment of the Andy Warhol Foundation for the Visual Arts, which is one of the the largest grant-making foundations for visual arts in the U.S. And if you ever visit Pittsburgh without stopping in to the Andy Warhol Museum, then I don’t even want to know you.
► Angie Zapata: 1989-2008. She died too young at only eighteen when she was savagely beaten to death by Allen Andrade, first with his fists and then with a fire extinguisher to the head. They had met through a social networking site and spent three days together, including one sexual encounter, before Andrade found out that Angie was transgender. In his murder trial, Andrade’s lawyer posed the trans-panic defense, saying that Andrade beat Angie after she smiled at him and said, “I’m all woman”. That, according to Andrade’s lawyer, was a “highly provoking act.” The jury didn’t buy it fortunately, and Andrade was found guilty of first degree murder with hate crime enhancements, and sentenced to life imprisonment without the possibility of parole.
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