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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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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: “From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

“From restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia “Liish” Kozlowski, who is one of the country’s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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