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Super Tuesday could bring more confusion to GOP race

High stakes as 437 delegates up for grabs next week

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The winding road of the Republican presidential primary race continues next week as GOP voters in 10 states weigh in on who should be their standard-bearer heading into November.

A strong showing by any GOP candidate on Super Tuesday — when 437 delegates are up for grabs — could push someone from the race.

If former Massachusetts Gov. Mitt Romney, who regained his position as front-runner after wins in Arizona and Michigan this week, does well in the contests, it could mean the end of the game for one or more of his remaining opponents: former U.S. Sen. Rick Santorum, former U.S. House Speaker Newt Gingrich and Rep. Ron Paul (R-Texas).

The states holding contests on Super Tuesday are: Alaska, Georgia, Idaho, Massachusetts, North Dakota, Ohio, Oklahoma, Tennessee, Vermont and Virginia.

Super Tuesday comes on the heels of another important contest on Saturday: the Washington State caucuses, where 43 delegates are in play. On Tuesday, Wyoming will also begin its caucuses, but that process will continue throughout the week and the results won’t be known until Saturday.

But it appears that Super Tuesday will not be a cakewalk for Romney, after he only eked out a three-point win over Santorum in his home state of Michigan.

Dan Pinello, who’s gay and a government professor at the City University of New York, said he thinks the outcome of the contests will be “muddled” and won’t leave a clear Republican front-runner in their aftermath.

“It’s going to be a mix of wins by various candidates,” Pinello said. “I don’t think the field is going to be any clearer after Tuesday than it is before, quite frankly. I anticipate that all four candidates will also continue regardless of what happens on Tuesday.”

Hastings Wyman, who’s also gay and editor of the Southern Political Report, said Santorum may continue to show strength in several southern states.

“I think he has a good shot in Oklahoma, possibly in Tennessee, possibly in Georgia,” Wyman said. “The only one I would give him a good shot in is probably Oklahoma.”

In Ohio, Santorum could show that his campaign continues to have life. According to a poll published Tuesday by the University of Cincinnati, Santorum leads Romney by 11 percentage points among Republican primary voters.

Wyman said the race in Georgia is important for Gingrich because if he doesn’t win there, which is his home state, it will likely be the end of his campaign.

“It’s very hard to predict what he’ll do, but I think it’ll be very hard from him to stay in if he doesn’t carry Georgia,” Wyman said. “He’s working very hard down there. He’s touring the state, he’s speaking to these mega churches, he’s treating it like Romney was treating Michigan.”

Gingrich seems poised to capture the state. A poll published Monday by Survey USA found him leading there with 39 percent of support among Republican voters. Santorum follows at 24 percent, while Romney comes in at 23 percent.

The contest in Virginia will also be of special interest because it’s awarding a large number of delegates, 46, and because only two candidates will be on the ballot: Romney and Paul.

Wyman said Republicans unhappy with Romney may vote for Paul in an effort to prolong the Republican primary season and prevent Romney from claiming the nomination. Virginia has an open primary, which means Democrats can come to the polls.

“It would not surprise me if a lot of the people who vote for Santorum or Gingrich would get out the vote for Paul just to slow down Romney,” Wyman said.

David Lampo, a gay Republican activist from Alexandria, Va., said he’s voting for Paul in the primary not as a protest vote, but because of the candidate’s libertarian views.

“I’m a longtime libertarian, so of course he appeals to me,” Lampo said. “Not the greatest messenger, but he has reintroduced libertarianism to millions of Americans, particularly a whole new generation of young voters. And he even runs competitively with President Obama in many polls.”

As a U.S. House member, Paul was among the Republicans who voted for “Don’t Ask, Don’t Tell” repeal and against a U.S. constitutional amendment banning same-sex marriage, but the candidate has also been a strong supporter of the Defense of Marriage Act.

Lampo said Paul has been “a bit uneven” on LGBT issues, but “shines” compared to the other Republican presidential candidates.

CUNY’s Pinello said Paul may have “a few good showings” in Super Tuesday, but expressed doubt the candidate would be able to prevail in any states next week.

“I don’t know that he’ll win any states, but he will have good enough showings to argue that his effort isn’t necessarily doomed, at least from his perspective,” Pinello said. “His supporters are so gung-ho that it doesn’t really make a difference that he hasn’t won any states outright.”

Even if Romney builds off his wins in Michigan and Arizona by sweeping the contests on Super Tuesday, whether Santorum or Gingrich will drop out immediately remains unclear.

Wyman said the Romney alternatives may see if they can win a brokered convention when Republicans gather in Tampa later this year to anoint their nominee.

In that case, delegates wouldn’t be able to settle on a nominee during the ballot round and would have to negotiate through political horse-trading to settle on a candidate.

“If they can all stay in and keep their delegates at least on the first ballot — I think most states require that — then they might possibly be able to keep Romney from winning on the first ballot and maybe create some opportunity for somebody else,” Wyman said.

Pinello said the prospects of a brokered convention in Tampa are diminished now that Romney has pulled off a win — albeit a narrow one — in his home state of Michigan this week, but such an outcome could still be possible.

“If the current polling data nationally show that Obama has a lead, although not large, but nonetheless a lead, over all four of the current Republican candidates,” Pinello said. “So the party leadership across the nation that may be wishing for a Jeb Bush or a Chris Christie or someone else be their champion and save the day, but I don’t think that’s likely at all.”

Whether the GOP candidates will draw on anti-gay rhetoric to win support from Republican voters prior to Super Tuesday also remains to be seen.

Wyman said “you might see some” campaigning directed against the LGBT community in the Super Tuesday states as the candidates jockey for support among conservative voters.

“They’ve all been pretty stalwart in their opposition to anything gay,” Wyman said. “Every now and then one of them will act a little bit liberal and say, ‘I don’t believe in discrimination,’ but they do. Ultimately, they side with the religious right on most gay issues.”

Pinello expressed doubt that Romney would draw on anti-gay attacks, saying the candidate would instead opt to focus on economic issues, but couldn’t say the same about Santorum.

“He had that confrontation before the New Hampshire with college students over same-sex marriage,” Pinello said. “A lot of commentators said that had been a mistake by him in terms of allowing the issue to drift away from economic issues, but he doesn’t seem concerned by that. He’s happy to be the stalwart on social issues.”

Pinello said if the candidates want to talk about social issues, the would be more inclined hot button topics other than LGBT rights, such as a abortion and the Obama administration’s rule providing contraception to women.

The candidates’ positions on LGBT issues are already well-known. Each of the Republican candidates who’ve won primaries — Romney, Santorum and Gingrich — has signed a pledge from the National Organization for Marriage vowing to back a Federal Marriage Amendment, defend the Defense of Marriage Act in court and establish a commission on “religious liberty” to investigate the harassment of same-sex marriage supporters.

Santorum has gone further by saying he’d restore “Don’t Ask, Don’t Tell” if elected president, and Gingrich has said he’d order an “extensive review” of going back to the policy.

As candidates campaign in Tennessee, they may want to weigh in on state pending legislation commonly known as the “Don’t Say Gay” bill, which would prohibit discussion about homosexuality in schools from kindergarten through eighth grade.

Chris Sanders, chair of the Nashville Committee for the Tennessee Equality Project, said polls are showing Santorum has strength in Tennessee and his views are in synch with what’s happening in the legislature.

“Given the fact that he has been so explicitly anti-equality, it’s just another index that we’ve got a lot of work to do in Tennessee,” Sanders said.

Sanders dismissed the idea that Santorum or other candidates would explicitly mention state legislative issues, such as the “Don’t Say Gay Bill,” but said “the anti-equality candidates will find very hospitable ground for themselves here.”

The Washington State caucuses on Saturday could also draw anti-gay sentiments from the candidates because Gov. Chris Gregoire earlier this month signed marriage equality into law, and anti-gay forces are at work to collect the 120,577 signatures needed by June 6 to put the law before voters in November.

Santorum made his opposition to the marriage law a cornerstone of his campaign in Washington State. On the same day the marriage law was signed, Santorum held a campaign rally in the state, saying Gregoire’s signature “isn’t the last word” on marriage as he called on supporters to bring the measure to the polls.

For his part, Gingrich took a softer approach to Washington — as well as the expected legalization of same-sex marriage in Maryland — by saying last week these states were going about it “the right way” by using the legislative process instead of the courts, even though he personally opposes same-sex marriage.

“I think at least they’re doing it the right way, which is going through voters, giving them a chance to vote and not having a handful of judges arbitrarily impose their will,” Gingrich said.

The candidate’s statement contradicts his support for a Federal Marriage Amendment, which, if passed, would abrogate all laws allowing same-sex marriage, including those passed by state legislatures.

Romney has yet to address specifically the legalization of same-sex marriage in Washington, but Pinello doubted the candidate will talk about the issue ahead of Saturday.

“He is really trying to focus on economic issues, single-mindedly,” Pinello said. “I don’t think he would initiate any conversation. He can’t necessarily avoid a question that might come up if one were posed, but I’m sure it will be a short answer, and then he’d jump back to some economic issue.”

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Barney Frank on trans rights, 2028, and the need to ‘reform the left’

Gay former congressman starts home hospice care while completing new book

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Gay former Rep. Barney Frank, pictured above in 2011, retired in 2013 and is preparing to publish a new book. (Blade file photo by Michael Key)

Former U.S. Rep. Barney Frank (D-Mass.), who served in the House from 1981 until his retirement in 2013 and who became the first member of Congress to voluntarily come out as gay in 1987, has resurfaced in the news over the past two weeks after announcing he has entered home hospice care and plans to publish a new book on, among other things, how Democrats can and should regain control of Congress.

According to media reports and an interview Frank conducted this week with the Washington Blade, his book, entitled “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy,” calls on the Democratic Party’s progressive left leaning members to be more strategic in pushing for laws and policies initially considered “politically unacceptable” to most U.S. voters and the American people.

Frank told the Blade he believes the LGBTQ rights movement has succeeded in advancing most of its agenda seeking protections against discrimination by initially pushing less controversial advances such as the end to the ban on gays in the military and non-discrimination in employment before taking on the more controversial issue of same-sex marriage.

While acknowledging that Congress has yet to pass a national law banning discrimination against LGBTQ people in employment, housing, and public accommodations as 22 states and D.C. have already done, he points to the two landmark U.S. Supreme Court decisions, one legalizing same-sex marriage nationwide in Obergefell v. Hodges in 2015, and the other declaring sexual orientation and gender identity are protected categories for which employment discrimination is prohibited under existing federal law in Bostock v. Clayton County in 2020.

Frank notes that while some in the LGBTQ community are fearful that LGBTQ rights are under attack and may be pulled back under the Trump administration, he believes Republicans in Congress at this time will not attempt to repeal any existing LGBTQ protections, especially those regarding marriage rights and employment protections secured by the Supreme Court rulings.

He says transgender rights are the remaining LGBTQ issue that have yet to be adopted rationally, and he fully supports ongoing efforts to advance trans rights. But like his criticism of the progressive left among Democrats, Frank says the efforts to advance trans rights could be jeopardized by the highly controversial issue of “male to female transgender people playing in women’s sports.” 

He added, “That’s the most controversial, the most difficult. It affects the fewest number of people.” While he says trans rights supporters should continue to advocate for that, “they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.”

Barney Frank (left) and Jim Ready at their wedding ceremony. (File photo courtesy of Frank’s office)

Frank, 86, told Politico he has entered home hospice care as he deals with ongoing congestive heart failure. He said he is remaining in his home in Ogunquit, Maine, where he has lived with his husband, Jim Ready, since retiring from Congress in 2013.

“I’ve been doing some writing. I wrote this book,” Frank told the Blade. “I’ve relaxed. Meanwhile, my health has been failing. Jim has been a saint in taking care of me,” he said. “And so, I take it easy.”

Frank spoke to the Washington Blade in a phone interview from his home on May 4.

Washington Blade: We’re hearing some interesting reports about the book you’ve been writing. Can you say when it will be published?

Barney Frank: Sept. 15 is the publication date.

Blade: Some of the reports about the book in the media have said you want the far left within the Democratic Party to be more cautious.

Barney Frank’s new book comes out in September.

Frank: No, I’ll give you this. The job is to defeat populism to keep democracy. Clearly you have to know what caused it. I believe that the essential cause in the surge of populism was economic inequality and the failure of mainstream liberals to address inequality. And beginning in the ‘80s economic growth became less and less fair in its institutions. And that led to all this anger.

So, the mainstream left finally figured that out after [Bernie] Sanders and Trump in ’16.  So, we then – because I was working to make that change – got the Democrats to pay attention to economic inequality. And Joe Biden’s program did. The problem is at that point, people on the left who had correctly been critical of the failure to address equality said, OK, that’s not the only problem you guys are missing. There are all these other problems.

And they jumped from being right on the question of inequality and equality to believing in a lot more social changes, some of which were just unacceptable to the public. And the mistake they make is they don’t distinguish – there are a lot of issues I’ve been for in my life, but I had to assert that they were not currently politically survivable.

So, you do two things. Those that are politically survivable work to get them done. Others, you become an advocate. But you don’t make the most controversial part of your agenda litmus tests and drive away your allies. You will remember that on marriage that was an issue and in 2000 they insisted you will be for marriage.

So, my thesis is that while the mainstream understood its mistake on inequality, the most militant and ideological of our left misunderstand public opinion and they are pushing the public to — and they are insisting on acceptance of things that are not politically acceptable.

Blade: Having said what you said, how do you see that impacting gay rights or LGBTQ rights? 

Frank: Well in the first place, gay rights – one of the things I want to address – is this fear that gay rights are going to be taken away – rights for LGB people. Nonsense. We’re not going to lose any of those rights. If they tried to undo marriage, for instance, the political reaction they would get would be abortion type sentiment. They are just not going to do that because it causes them too many political problems.

The problem is advances we hope to make in the area of transgender people. But there is no chance of losing – I can’t think of a single right that is in jeopardy. They are not going to reintroduce the ban in the military. They’re not going to tell people their marriages are cancelled. Again, the Republicans are not even trying to do that because they know there would be a terrible backlash. 

With regard to LGBT there is one analogy. And that is the most controversial issue we faced over the years on what was the gay-bisexual agenda was same-sex marriage. And we left that until the end. And you remember we did the military. We did ENDA. We moved on to everything else, and it wasn’t until the very end that we went into marriage. [NOTE: ENDA did not ultimately pass.]

 I think the analogy to that is male to female transgender people playing in women’s sports. That’s the most controversial, the most difficult. It affects the fewest number of people. And I believe had we deferred on marriage — people who believe that’s important should advocate for it. But they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.

Blade: You said you don’t think we will lose any rights, most of the laws related to nondiscrimination are from the states or municipal laws that were passed.

Frank: Tell me what you think will be lost. You and I always have this problem. I’ve always felt you were cynical and skeptical. Tell me what right we now have that’s in jeopardy.

Blade: One would be if the Supreme Court reverses its decision on same-sex marriage.

Frank: If they do, Congress would now step in on that, which would be the passage of Tammy Baldwin’s bill.

Blade: But what I was going to ask you next is in all the years you’ve been in office and as of now a federal LGBTQ rights bill has not been passed by Congress yet. Is there a chance of that happening?

Frank: I do not think it will happen because the members of Congress do not want to be in the position of voting to cancel people’s marriages. There are valid marriages throughout the country. And the notion that Congress will pass a bill invalidating those, no they won’t. They won’t do anything that’s as disruptive and that will cause a strong reaction. Have you seen a federal bill to do that? I haven’t.

Blade: No, and I am sorry if I’m not putting the question across correctly. I’m talking about the bill that bans discrimination based on employment, public accommodations and other areas for LGBTQ people that Congress has not yet passed. You co-sponsored that for many years.

Frank: I know that, and the Supreme Court did that one. No, I don’t think that – oh, all right, that’s a different question than marriage. If the Supreme Court reverses itself on that – I don’t see any sign that they’re going to, then I think you would see the federal bill passed.

 [He is referring to the 2020 U.S. Supreme Court decision that employment discrimination against gay, bi, and trans people was equivalent to sex discrimination, which is prohibited under Title VII of the Civil Rights Act of 1964.]

Blade: Are you talking about marriage?

Frank: For both for marriage and for non-[discrimination] – I don’t think a marriage bill would pass nationally. To distinguish, I don’t think a bill striking down marriages would pass. Too much violent reaction. As to employment discrimination, where they haven’t acted yet, if the Supreme Court changes that – I think that’s extremely unlikely – then I think Congress would step in.

Blade: Are you saying we may not need an LGBTQ non-discrimination act by Congress for the states that haven’t passed that?

Frank: I would be in favor of that, yes. But again, I think you and I – you have always been pessimistic. There is a political time now that works in our favor. And as I said, on abortion, they burned themselves very badly on abortion. And yes, I’m still for a national anti-discrimination bill. But I do not think the right wing wants to be caught taking rights away that already exist. Because that’s a lot harder than denying them in the first place. And I don’t see any movement for that. You tell me what you are worried about. What bills are you worried about? 

Blade: I was simply saying they haven’t yet passed a federal non-discrimination bill. 

Frank: No, what’s going to change on the Supreme Court? I don’t see a pretty quick reversal on the Supreme Court. So, I think people are just – they have to have a cause. And they are inflating the likelihood that we are going to lose some rights when I see no evidence of it. And in fact, I see a lot of political reasons why those in Congress don’t want to do that.

I’ll tell you there are a lot of Republicans who would vote for same-sex marriage. For example, the leadership would say for Christ’s sake, don’t bring that up. They don’t want to take a position on it. And they got burned on abortion, badly. 

Blade: To the extent that you are observing this, do you think the LGBTQ rights organizations are doing what they should be doing?

Frank: Well, I think some are stressing the negative too much. Because when people believe nothing good ever happens, they may get discouraged. I think they should be concentrating on the transgender issue. And I know the most controversial parts are protecting people’s rights to medical care, their rights selecting their own gender. And that’s what I would be working on. 

And yeah, it would be nice to pass the national bill. I don’t think that’s going to happen. Well, if the Democrats get the House, the Senate, and the presidency, maybe it will happen. But I don’t see the urgency of that because I don’t see any movement to reverse the Supreme Court’s decision.

Blade: What message would you have for the LGBTQ community?

Frank: My message is one, we’re in good shape. And two, that what remains in the transgender issue – who is first? Which are those of your issues that are the most politically acceptable. And you work your way through and as you win on some of those the resistance on the tougher ones will diminish. And the other issue is we are – the problem is the stand to protect the rights of transgender people. But the rights for lesbian, gay, and bisexual people, I do not think they are in jeopardy and I do not think a lot of resources should be spent on being what I think is a very small threat.

Blade: For those states and municipalities that do not have laws protecting LGBTQ people from discrimination, do you think attitudes are changing so there would be little or no discrimination?

Frank: Oh, no question. First of all, I think it’s very unlikely that any of the rights they have will be taken away. And secondly, if they had to take some positive steps to take away protections they would not do it. And I think that ship has sailed in our direction and isn’t going back. In the end, you cannot underestimate there’s a big political difference between denying people their rights in the first place and taking it away from them after they’ve enjoyed it.

Anything is theoretically possible, but I don’t see any evidence that’s likely to happen.

Blade: We’re coming up to the midterm elections this year, but is there anyone coming up in the next presidential election who you might be supporting?

Frank: Oh, I think at this point we’re going to have a fairly open Democratic process. And it’s very clear at this point the way American politics is going it will be a basically supportive Democrat against a basically opposed Republican. And I’ll be supporting the Democrat. And so, this Democrat would be the best one, the most electable. And which one, I haven’t decided that. I want to see how people will fare when they start running.

But I think it is inconceivable that the Democrats would nominate someone who is not fully supportive.

Blade: Some people might be asking what you have been doing since you retired from Congress.

Frank: I’ve been doing some writing. I wrote this book. I’ve relaxed. Meanwhile, my health has been failing. Jim [husband Jim Ready] has been a saint in taking care of me. And so, I take it easy. In terms of what I do, I have two rules, two pieces of advice for people who retire. One is that you should  make up two lists. One is you should have a bucket list, a list of things you want to do before you’re through. But more important than the bucket list is a list that rhymes with bucket. That’s a very important list. And that’s one that I increasingly defer to.

Blade: And what is the one other than bucket?

Frank: It rhymes with bucket. What rhymes with bucket?

Blade: Oh, OK.

Frank: That’s the list I follow.

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Washington Blade file photo by Michael K. Lavers)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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