We have not come out as transsexuals, leather dykes, masochists, drag queens, or pedophiles - all [dis]orientations shocking to middle class and even radical feminist society and even more totalizing in the creation of a singular identity. One would expect that if openly gay scholarship comes to be accepted in the legal academy....little waves of new outsiders will form. Every assimilation generates new lines being drawn and new outsiders being created.(Chicago-Kent Law Review 1996
71 Chi. Kent. L. Rev. 977
Symposium on the Trends in Legal Citations and
Scholarsihp: Outsider-Insiders: The Academy of the Closet
by William N. Eskridge, Jr.) (Emphasis added)
Compare with what the activist represents to the public on similar cultural shifts:
ESKRIDGE: But the point is that in Sweden, we've seen some of the same trends that we saw in Denmark. So in Sweden, the rate of marriage had been plummeting in 1994, when they adopted same sex unions. The rate of marriage has been increasing in Sweden since 1994.(Fox News Network
O'REILLY: OK. I think what we can draw...
I think what we can draw...
O'REILLY: Same thing we can draw from this - I think we can draw this - this is what I'm drawing from all of your data. The gay marriage per say, the marriage of homosexuals, doesn't really impact on straight marriage for those who want a traditional union.
But it does, Mr. Spedale, it does lead to a more libertine or permissive society in the sense that marriage itself then is de-emphasized as we see in Sweden. And more and more people cohabitate.
SPEDALE: No. I think that's not true. .... In Denmark, Norway, and Sweden in each of those countries after they passed their gay marriage type laws, their registered partnership records, the rates of heterosexual marriage went up per capita. The rates of heterosexual divorce went down.
...the important thing here really is the fact that we found that gay marriage in practice does not effect, and may even actually have the opposite point.
O'REILLY: I will give you that point. I agree with both of you that that's true, that Lenny, Mary, and Squiggy doesn't have had anything to do with anybody marrying a woman, any man or a woman marrying a man.
But I will submit to you that the permissiveness and the de-emphasis on traditional marriage has affected these Scandinavian societies, professor. I don't think there's any doubt about it.
ESKRIDGE: Mr. O'Reilly I give you another "A". But one of the reasons that the divorce rate has gone up in Scandinavia is no fault divorce. ....
Show: The O'Reilly Factor
June 5, 2006
Gay Marriage Constitutional Amendment
Guests: Darren Spedale, William Eskridge)
To his credit Eskridge isn't entirely inconsistent and seems to admit the point but quickly shifts away from the obvious impact that culture and ethos have, yet among cultural insiders* he felt much more comfortable with admitting to the correlation of all sexual disorientations. People have been conditioned to feeel that correlation is something controversial but it is so true as to be trivial and can be verified empirically throughout human history. One can play games with specific statistics dealing with small shifts and so on but generally the "common sense" type people like O'Reilly who focus on the culture and its ethos are correct on the issue, so Eskridge is left with avoiding the truth that he's already admitted to in private while playing games with statistics to argue the opposite now. All the while, he would not have much of a problem with seeing things through the eyes of people even further outside that current "outsiders" but for political reasons that cannot be focused on in public.
*Interesting to note that the "insiders" are the Judiciary and an increasingly morally degenerate legal culture that acts as a subculture beginning to wage a Kulture Kampf against traditional American culture. Many seem to be realizing some of the dangers of what goes on in American legal culture but don't realize that it is most likely merely symptomatic of the decline of American civilization in general and likely just a forerunner of it.