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Frank: ‘Zero chance’ for LGBT bills next year

Gay congressman hopeful on ‘Don’t Ask’ repeal in lame duck

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Gay U.S. Rep. Barney Frank (D-Mass.), who won re-election last week in one of his toughest challenges, said LGBT legislation would have no chance of passing in Congress under the Republican-controlled House next year.

In an interview Tuesday with the Washington Blade, Frank also said he was confident that the Senate, of which Democrats retained control, would join President Obama in blocking any anti-gay bills that conservative Republicans might introduce over the next two years.

“Next year there’s no chance of anything happening,” he said of pro-LGBT legislation. “There’s zero chance.”

He added, “It will be a status quo. They don’t have the votes to hurt us but we don’t have the votes to advance anything in the cause.”

Frank also said he was certain that Republicans would fail in an attempt to overturn D.C.’s same-sex marriage law.

“Do you think Barack Obama is going to sign a bill to repeal the D.C. marriage law,” he asked. “It won’t go through the Senate. There is no chance that could happen. None—zero.”

Frank noted that only five out of 179 House Republicans voted earlier this year to repeal “Don’t Ask, Don’t Tell.”

“The Republicans have become much more anti-gay in their voting patterns,” he said. “There is zero chance of anything good happening with Republicans in control of the House.”

Frank said he was hopeful that the Senate would vote to repeal “Don’t Ask, Don’t Tell” in the congressional lame duck session over the next two weeks. The House passed a “Don’t Ask, Don’t Tell” repeal measure earlier this year as part of a defense authorization bill.

The Senate killed a similar defense authorization bill containing “Don’t Ask, Don’t Tell” repeal language in a filibuster organized by Sen. John McCain (R-Ariz.). Every Senate Republican voted against a cloture motion to break the filibuster.

Frank noted that a number of GOP senators cited the Senate bill’s inclusion of a controversial immigration provision known as the DREAM Act as their reason for voting against the bill, saying they otherwise would have supported repeal of “Don’t Ask, Don’t Tell.”

He said Senate Majority Leader Harry Reid (D-Nev.) told him he won’t insert the DREAM Act immigration language in the defense authorization bill when he brings it to the Senate floor in the lame duck session.

With the immigration language removed as an “excuse,” Frank said he’s hopeful that Republican senators who support repeal of “Don’t Ask, Don’t Tell” will now join Democrats in supporting the overall defense bill to which repeal language will be attached. Among the GOP senators that repeal advocates hope will back the bill this time are Sens. Susan Collins and Olympia Snow, both from Maine.

In one of his first comments on a campaign ad by the conservative gay Republican group GOProud opposing him in his re-election race, Frank said the ad had little or no impact on the election.

He noted that his GOP opponent, Sean Bielat, opposes repealing “Don’t Ask, Don’t Tell” and is against “every other gay issue.”

“So I have no idea who these people are,” he said of the GOProud group. “And they have no influence whatsoever. The LGBT community in my district continues to be virtually unanimously supportive.”

The following is a transcript of the Blade’s interview with Rep. Frank, conducted on Nov. 8.

Rep. Barney Frank: I’ve been working today on “Don’t Ask, Don’t Tell.” In fact, I think it’s time for people to hold the Republicans’ feet to the fire because we didn’t get any votes from them. Last time around, they had the excuse – some of them – that they didn’t want to vote because [Senate Majority Leader] Harry [Reid] was going to put the DREAM Act in there on immigration. He now says he’s not going to put the DREAM Act in there. He’s going to put that in some other place. So now the question is why do Republicans — Sen. Snow, Sen. Collins and Sen. Brown — what reason would they have for voting against the whole bill?

And I spoke today to Pete Rouse [the acting White House Chief of Staff] and to Sen. Reid and Sen. [Richard] Durbin [D-Ill.] and Sen. [Carl] Levin [D-Mich.], and they all agree. They want to pass the defense bill with ‘Don’t Ask, Don’t Tell’ in it. They have two weeks. The question is whether Republicans filibuster it to death. But the Democrats are going to try very hard to do it. I think by the way, that’s why [Secretary of Defense Robert] Gates spoke out. I am sure, nobody’s told me this, but I’m sure the president said to Harry Reid, look, we’ve got to get this done. And Reid said fine, would it be helpful if I got some military support? And eventually Gates spoke out as he did.

Washington Blade: Your press person sent us a copy of your statement on that today.

Frank: I’ve spent — I made a lot of phone calls today. Plus, one fear was I saw, oh well, they’ll take ‘Don’t Ask, Don’t Tell’ back out of the defense bill. It won’t pass in the House if they do that. I believe the speaker wouldn’t allow it to come up.

Blade: Do you mean next year?

Frank: No, [Rep. John] Boehner [R-Ohio, who will become Speaker of the House in January] is not who I was talking about. The thought was that the Republicans would say if they took ‘Don’t Ask, Don’t Tell’ out of the [defense] bill this year in the lame duck session they would get it passed. And my answer is that’s not going to get them anywhere because we wouldn’t pass it in the House. We will not accept — there’s been some speculation about that — and the answer is no, the House—we’re going to tell the Senate that’s not going to work. And I don’t think the Senate is planning to do that. Harry is not planning to do that.

… ‘Don’t Ask, Don’t Tell’ repeal is in the defense authorization bill. What I just said was there was some suggestion that [Sen. John] McCain [R-Ariz.] would say strip that out and I’ll let you pass the defense bill. And the answer is that won’t work because the House won’t pass it. In other words, the Democratic leadership is thoroughly committed to getting ‘Don’t Ask, Don’t Tell’ repealed. The only question is — you know, Log Cabin says, oh, the Democrats couldn’t do it. Well they got us five Republican votes in the House … And no Republican votes in the Senate. The Democrats can’t do that all by ourselves without a single Republican supporter.

Blade: Did Harry Reid give an indication of when he might bring it up?

Frank: Right away — they only have two weeks. He’s committed to getting it done. He and I talked to the three — the Democratic leader, the Democratic whip, the Democratic committee chairman … They all agree they want to get it done. Unfortunately, if we have no Republican votes it can’t be done. So the question is will any Republicans and their supporters get us anything?

Blade: What’s the prospect of advancing LGBT-related bills next year, when the Republicans take charge of the House?

Frank: Next year there’s no chance of anything happening. There’s zero chance. We got five Republican votes out of 179 to repeal ‘Don’t Ask, Don’t Tell.’ The Republicans have become much more anti-gay in their voting patterns. There is zero chance of anything good happening with Republicans in control of the House.

Blade: Have you heard of anything about a Log Cabin supported gay-related tax reform bill? They won’t give us any details but the head of Log Cabin says that’s the first thing they’re going to work on next year and he thinks they might get Republican support.

Frank: If they’re suggesting that there will be Republican support for recognition of same-sex marriage that’s a lie and they know it. There’s no chance of that.

Blade: I asked them about that and he wouldn’t give me details but —

Frank: Yes, the Log Cabin club would like to make it easier for taxing – they would like to reduce taxes for rich people. I understand that. But there will be no help for gay people. Now for some of them, I think their income is skewed pretty high anyway. So they’ll feel good about it. But, no, there is zero chance that the Republicans will do anything that would recognize same-sex couples.

Blade: What about ENDA? He did say they would try to move ENDA.

Frank: There is zero chance of them doing anything on ENDA — zero.

Blade: Then the next step is whether the Republican majority or some Republicans will try to harm gay people such as attempting to repeal D.C.’s same-sex marriage law.

Frank: They can’t. That would take the president and the Senate … Do you think Barack Obama is going to sign a bill to repeal the D.C. marriage law? It won’t go through the Senate. There is no chance that could happen. None, zero.

Blade: So essentially it’s going to be a standstill?

Frank: It will be a status quo. The one thing we have a chance for is ‘Don’t Ask, Don’t Tell’ repeal in this lame duck session. And we can get that if we get any Republican cooperation. … On the other hand, they don’t have the votes to hurt us but we don’t have the votes to advance anything in the cause.

Blade: What’s your prediction on Nancy Pelosi’s decision to run for the Democratic leadership post as House Minority Leader?

Frank: Oh, she’ll win.

Blade: Your press spokesperson said you are supporting her.

Frank: I’m supporting her. I think she’ll win. … And from the LGBT standpoint, nobody’s going to get elected to any Democratic [leadership] office who isn’t 100 percent supportive.

Blade: In terms of your re-election campaign, did the ad attacking you from the conservative gay Republican group GOProud have any impact?

Frank: I don’t think anybody knew about it. Can you answer a question?

Blade: Yes.

Frank: What is it they are proud of? Does anybody know?

Blade: I guess they say they’re proud of being Republicans.

Frank: You guess? My [opponent, Republican Sean Bielat] was against repeal of ‘Don’t Ask, Don’t Tell.’ He did not take a single pro-gay position.

Blade: Their ad said they supported him because you were ‘catty.’

Frank: It means that these are people who have no interest in advancing gay causes, and I have no idea what it means. He’s a guy who’s against ‘Don’t Ask, Don’t Tell’ repeal, against every other gay issue and ran an ad in the YouTube, which I never saw, which two newspaper editorials condemned as anti-gay — two separate newspapers have condemned it as anti-gay. So I have no idea who these people are. And they have no influence whatsoever. The LGBT community in my district continues to be virtually unanimously supportive.

Blade: How do you feel about your role on the House Financial Services Committee under Republican leadership? [Frank will lose his position as chair of the highly influential committee in the GOP-controlled House in January.]

Frank: I believe we will be able to defend the financial regulation reform. Of all the issues, that was the one where we are on the most popular side. If they try to undo the consumer protection or other stuff, we’ll be able to block them.

Blade: And are you going to serve as the ranking minority member on the committee?

Frank: Yes.

Blade: Will the Democrats be reshuffling committee chairs in the new Congress?

Frank: Well everybody that’s returning will stay. Obviously there are some vacancies.

Blade: Concerning the health care reform law, do you think that will stay intact?

Frank: They can’t change it legislatively. They may try to un-fund it. That will be what they will try to do. Thank you.

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State Department

Rubio mum on Hungary’s Pride ban

Lawmakers on April 30 urged secretary of state to condemn anti-LGBTQ bill, constitutional amendment

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

More than 20 members of Congress have urged Secretary of State Marco Rubio to publicly condemn a Hungarian law that bans Pride events.

California Congressman Mark Takano, a Democrat who co-chairs the Congressional Equality Caucus, and U.S. Rep. Bill Keating (D-Mass.), who is the ranking member on the House Foreign Affairs Committee’s Europe Subcommittee, spearheaded the letter that lawmakers sent to Rubio on April 30.

Hungarian lawmakers in March passed a bill that bans Pride events and allow authorities to use facial recognition technology to identify those who participate in them. MPs last month amended the Hungarian constitution to ban public LGBTQ events.

“As a NATO ally which hosts U.S. service members, we expect the Hungarian government to abide by certain values which underpin the historic U.S.-Hungary bilateral relationship,” reads the letter. “Unfortunately, this new legislation and constitutional amendment disproportionately and arbitrarily target sexual and gender minorities.”

Prime Minister Viktor Orbán’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the “snitch on your gay neighbor” bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the country’s second-largest bookstore chain, 12 million forints ($33,733.67), for selling copies of British author Alice Oseman’s “Heartstopper.”

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungary’s anti-LGBTQ crackdown.

“Along with years of democratic backsliding in Hungary, it flies in the face of those values and the passage of this legislation deserves quick and decisive criticism and action in response by the Department of State,” reads the letter, referring to the Pride ban and constitutional amendment against public LGBTQ events. “Therefore, we strongly urge you to publicly condemn this legislation and constitutional change which targets the LGBTQ community and undermines the rights of Hungarians to freedom of expression and peaceful assembly.”

U.S. Reps. Pramila Jayapal (D-Wash.), Sarah McBride (D-Del.), Jim Costa (D-Calif.), James McGovern (D-Mass.), Gerry Connolly (D-Va.), Summer Lee (D-Pa.), Joaquin Castro (D-Texas), Julie Johnson (D-Texas), Ami Bera (D-Calif.), Mark Pocan (D-Wis.), Lloyd Doggett (D-Texas), Becca Balint (D-Vt.), Gabe Amo (D-R.I.), Ted Lieu (D-Calif.), Robert Garcia (D-Calif.), Dina Titus (D-Nev.), Raja Krishnamoorthi (D-Ill.), Jan Schakowsky (D-Ill.) and Mike Quigley (D-Ill.) and Del. Eleanor Holmes Norton (D-D.C.) signed the letter alongside Takano and Keating.

A State Department spokesperson on Wednesday declined to comment.

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Federal Government

HRC memo details threats to LGBTQ community in Trump budget

‘It’s a direct attack on LGBTQ+ lives’

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President Donald Trump (Washington Blade photo by Michael Key)

A memo issued Monday by the Human Rights Campaign details threats to LGBTQ people from the “skinny” budget proposal issued by President Donald Trump on May 2.

HRC estimates the total cost of “funding cuts, program eliminations, and policy changes” impacting the community will exceed approximately $2.6 billion.

Matthew Rose, the organization’s senior public policy advocate, said in a statement that “This budget is more than cuts on a page—it’s a direct attack on LGBTQ+ lives.”

“Trump is taking away life-saving healthcare, support for LGBTQ-owned businesses, protections against hate crimes, and even housing help for people living with HIV,” he said. “Stripping away more than $2 billion in support sends one clear message: we don’t matter. But we’ve fought back before, and we’ll do it again—we’re not going anywhere.”

Proposed rollbacks or changes at the U.S. Department of Health and Human Services will target the Ryan White HIV/AIDS Program, other programs related to STI prevention, viral hepatitis, and HIV, initiatives housed under the Substance Abuse and Mental Health Services Administration, and research by the National Institutes of Health and Agency for Healthcare Research and Quality.

Other agencies whose work on behalf of LGBTQ populations would be jeopardized or eliminated under Trump’s budget include the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the U.S. Small Business Administration, and the U.S. Department of Education.

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U.S. Supreme Court

Supreme Court allows Trump admin to enforce trans military ban

Litigation challenging the policy continues in the 9th Circuit

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Tuesday allowed the Trump-Vance administration to enforce a ban on transgender personnel serving in the U.S. Armed Forces pending the outcome of litigation challenging the policy.

The brief order staying a March 27 preliminary injunction issued by the U.S. District Court for the Western District of Washington notes the dissents from liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

On the first day of his second term, President Donald Trump issued an executive order requiring Secretary of Defense Pete Hegseth to effectuate a ban against transgender individuals, going further than efforts under his first administration — which did not target those currently serving.

The DoD’s Feb. 26 ban argued that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” 

The case challenging the Pentagon’s policy is currently on appeal before the U.S. Court of Appeals for the Ninth Circuit. The lead plaintiff is U.S. Navy Commander Emily Shilling, who is joined in the litigation by other current transgender members of the armed forces, one transgender person who would like to join, and a nonprofit whose members either are transgender troops or would like to be.

Lambda Legal and the Human Rights Campaign Foundation, both representing the plaintiffs, issued a statement Tuesday in response to the Supreme Court’s decision:

“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense.

“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.

“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”

U.S. Solicitor General D. John Sauer noted that courts must show “substantial deference” to DoD decision making on military issues.

“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”

“The Court has upended the lives of thousands of servicemembers without even the decency of explaining why,” said NCLR Legal Director Shannon Minter. “As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”

Levi and Minter are the lead attorneys in the first two transgender military ban cases to be heard in federal court, Talbott v. Trump and Ireland v. Hegseth.

U.S. Rep. Mark Takano (D-Calif.) issued a statement on behalf of the Congressional Equality Caucus, where he serves as chair.

“By lifting the lower court’s preliminary injunction and allowing Trump to enforce his trans troop ban as litigation continues, the Supreme Court is causing real harm to brave Americans who simply want to serve their nation in uniform.

“The difference between Donald Trump, a draft dodger, and the countless brave Americans serving their country who just happen to be trans couldn’t be starker. Let me be clear: Trump’s ban isn’t going to make our country safer—it will needlessly create gaps in critical chains of military command and actively undermine our national security.

“The Supreme Court was absolutely wrong to allow this ban to take effect. I hope that lower courts move swiftly so this ban can ultimately be struck down.”

SPARTA Pride also issued a statement:

“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.

“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.

“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”

Imara Jones, CEO of TransLash Media, issued the following statement:

“The Supreme Court’s decision to uphold Trump’s ban on transgender soldiers in the military, even as the judicial process works its way through the overall question of service,  signals that open discrimination against trans people is fair game across American society.

“It will allow the Trump Administration to further advance its larger goal of  pushing trans people from mainstream society by discharging transgender military members who are currently serving their country, even at a time when the military has struggled recently  to meet its recruiting goals.

“But even more than this, all of my reporting tells me that this is a further slide down the mountain towards authoritarianism. The hard truth is that governments with authoritarian ambitions have to  separate citizens between who is worthy of protection and who’s not. Trans people are clearly in the later category. And this separation justifies the authoritarian quest  for more and more power. This  appears to be what we are witnessing here and targeting trans people in the military is  just a means to an end.”

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