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NYC Mayor Bloomberg: ‘The time has come’ for marriage equality

Mayor Michael Bloomberg of New York City weighs in on the debate over a same-sex marriage equality bill in the New York state senate in a speech urging lawmakers to pass the bill, today.

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Mayor Michael Bloomberg
Mayor Michael Bloomberg

New York mayor Michael Bloomberg advocating for marriage equality. (Photo courtesy Edward Reed)

The Mayor of New York City, Michael Bloomberg, today delivered an address calling for the swift passage of the marriage equality bill that would allow same-sex couples marry in the state of New York.

The New York state senate defeated the 2009 bill after a very eventful legislative session saw shifts in party control of the Senate, changes in leadership, and more. In the end, the bill–which advocates had high hopes of passing earlier in the legislative session–was voted down 38-24. The defeat of that bill led to leadership shake-ups in that state’s LGBT advocacy community, and generated controversy and commentary across the country, with pundits in the gay media speculating ‘what went wrong,’ for months.

With a new Governor in place in the state, and some new faces in the Senate, LGBT advocates are expecting to fare much better this time around. The mayor of America’s largest city now lends his hand in attempting to sway what promises to be very capricious legislative debate.

The text of the speech, as released by the Governor’s office, follows.

MAYOR BLOOMBERG DELIVERS MAJOR ADDRESS ON URGENT NEED FOR MARRIAGE EQUALITY

The following are Mayor Michael R. Bloomberg’s remarks as prepared for delivery at the Cooper Union for the Advancement of Science and Art. Please check against delivery.

“I want to thank Rachel and our hosts here at The Cooper Union for the Advancement of Science and Art.

“I think it’s fair to say that no institute of higher learning has had a more profound impact on the course of American history than Cooper Union. By opening the doors of its Great Hall to Abraham Lincoln, Frederick Douglass, Susan B. Anthony, Elizabeth Cady Stanton and so many other pioneering leaders, and by hosting the founding of the NAACP, Cooper Union has helped push American freedom ever higher, and ever wider.

“Today, we gather in this innovative and striking new academic building – a symbol of how Cooper Union has always looked forward and always championed progress. We gather – in the tradition of those who came before us – to discuss a momentous question before our nation and our great State of New York: Should government permit men and women of the same sex to marry?

“It is a question that cuts to the core of who we are as a country – and as a city. It is a question that deserves to be answered here in New York – which was the birthplace of the gay rights movement, more than 40 years ago. And it is a question that requires us to step back from the platitudes and partisanship of the everyday political debate and consider the principles that must lead us forward.

“The principles that have guided our nation since its founding – freedom, liberty, equality – are the principles that have animated generations of Americans to expand opportunity to an ever wider circle of our citizenry. At our founding, African-Americans were held in bondage. Catholics in New York could not hold office. Those without property could not vote. Women could not vote or hold office. And homosexuality was, in some places, a crime punishable by death.

“One by one, over many long years, the legal prohibitions to freedom and equality were overcome: Some on the battlefield, some at the State House and some in the courthouse. Throughout our history, each and every generation has expanded upon the freedoms won by their parents and grandparents. Each and every generation has removed some barrier to full participation in the American dream. Each and every generation has helped our country take another step on the road to a more perfect union for all our citizens. That is the arc of American history. That is the march of freedom. That is the journey that we must never stop traveling. And that is the reason we are here today.

“The next great barrier standing before our generation is the prohibition on marriage for same-sex couples. The question is: Why now? And why New York? I believe both answers start at the Stonewall Inn. When the Village erupted in protest 42 years ago next month, New York – and every other state in the union, save one – still had laws on the books that made same-sex relationships a crime. A couple could go to prison for years, just for being intimate in the privacy of their own home. For men and women of that era, an era many of us remember well, being in a gay relationship meant living in fear:

“Fear of police harassment.

“Fear of public humiliation

“Fear of workplace discrimination.

“Fear of physical violence.

“Today, in some places, those fears still linger. But as a nation, we have come a long way since Stonewall. Today, two women in a committed relationship – who years ago would have hidden their relationship from family and friends – will instead take part in a wedding ceremony in front of their family and friends. Today, two men who are long-time partners – who years ago would never even have entertained the idea – will adopt a child and begin a family.

“Both events are possible because thousands of courageous individuals risked everything to come out and speak out. And because they did – because they organized and protested, because they poured their hearts out to friends and family and neighbors, because they stood up for their rights and marched for equality and ran for office – laws banning same-sex relationships have been struck down by the Supreme Court. More than 20 states have adopted laws that prohibit discrimination based on sexual orientation. And beginning this year, patriotic men and women will be able to enlist in the U.S. military without having to hide their identity.

“We owe all of those pioneers a deep debt of gratitude. And although the work is far from over, there is no doubt that we have passed the tipping point.

“Today, a majority of Americans support marriage equality – and young people increasingly view marriage equality in much the same way as young people in the 1960s viewed civil rights. Eventually, as happened with civil rights for African-Americans, they will be a majority of voters. And they will pass laws that reflect their values and elect presidents who personify them.

“It is not a matter of if – but when.

“And the question for every New York State lawmaker is: Do you want to be remembered as a leader on civil rights? Or an obstructionist? On matters of freedom and equality, history has not remembered obstructionists kindly.

“Not on abolition.

“Not on women’s suffrage.

“Not on workers’ rights.

“Not on civil rights.

“And it will be no different on marriage rights.

“So the question really is: So, why now? Because this is our time to stand up for equality. This is our time to conquer the next frontier of freedom. This is our time to be as bold and brave as the pioneers who came before us. And this is our time to lead the American journey forward.

“It’s fitting that the gay rights movement began in our City, because New Yorkers have always been at the forefront of movements to expand American freedoms – and guarantee American liberties. Long before our founding fathers wisely decided to separate church from state, leading citizens of our City petitioned their colonial rulers for religious freedom. Long before Lincoln signed the Emancipation Proclamation, many New Yorkers – including the founder of this college, Peter Cooper – crusaded against slavery. Long before the nation adopted the 19th Amendment, New Yorkers helped lead the movement for women’s suffrage. And long before the Civil Rights Act of 1964, New Yorkers played a pivotal role in advancing a color-blind society.

“So why should New York now lead on marriage equality? Because we have always led the charge for freedom – and we have always led by example. No place in the world is more committed to freedom of expression – religious, artistic, political, social, personal – than New York City. And no place in the world is more welcoming of all people, no matter what their ethnicity or orientation.

“That has always been what sets us apart. In our city, there is no shame in being true to yourself. There is only pride. We take you as you are – and we let you be who you wish to be. That is the essence of New York City!

“That is what makes us a safe haven for people of every background and orientation… and a magnet for talented and creative people. It’s the reason why we are the economic engine for the country and the greatest city in the world.

“But it’s up to us to keep it that way. As other states recognize the rights of same-sex couples to marry, we cannot stand by and watch. To do so would be to betray our civic values and history – and it would harm our competitive edge in the global economy. This is an issue of democratic principles – but make no mistake, it carries economic consequences.

“We are the freest city in the freest country in the world – but freedom is not frozen in time. And if we are to remain the freest city, with the most dynamic and innovative economy, we must lead on this issue – just as we have on so many other matters of fundamental civil rights.

“In talking to State legislators who do not yet support marriage equality, I can sense that many of them are searching their souls for answers – and they are torn. Like all of us, they have friends and family and colleagues who are gay and lesbian. They know gay and lesbian couples who are deeply in love with each other – many of whom are loving and devoted parents, too. They know those couples yearn to be seen and treated as equal to all other couples. And they often hear from their own families – especially their children – that this is a civil rights issue. I hope they listen to their kids carefully and make them proud with their foresight and courage.

“Now, I understand the desire by some to seek guidance from their religious teachings. But this is not a religious issue. It is a civil issue. And that is why, under the bill proposed in Albany, no church or synagogue or mosque would be required to perform or sanction a same-sex wedding – as is the case in every state that has legalized marriage equality.

“Some faith communities would perform them; others would not. That is their right. I have enormous respect for religious leaders on both sides of the issue, but government has no business taking sides in these debates – none!

“As private individuals, we may be part of a faith community that forbids divorce or birth control or alcohol. But as public citizens, we do not impose those prohibitions on society. We may place our personal faith in the Torah, or the New Testament, or the Koran, or anything else. But as a civil society, we place our public faith in the U.S. Constitution: the principles and protections that define it, and the values that have guided its evolution. And as elected officials, our responsibility is not to any one creed or congregation, but to all citizens.

“It is my hope that members of the State Senate majority will recognize that supporting marriage equality is not only consistent with our civic principles – it is consistent with conservative principles. Conservatives believe that government should not intrude into people’s personal lives – and it’s just none of government’s business who you love!

“Conservatives also believe that government should not stand in the way of free markets and private associations – including contracts between consenting parties. And that’s exactly what marriage is: a contract, a legal bond, between two adults who vow to support one another, in sickness and in health.

“There is no State interest in denying one class of couples a right to that contract. Just the opposite, in fact. Marriage has always been a force for stability in families and communities – because it fosters responsibility. That’s why conservatives promote marriage – and that’s why marriage equality would be healthy for society, healthy for couples and healthy for children.

“Right now, sadly, children of same-sex couples often ask their parents: ‘Why haven’t you gotten married like all our friends’ parents?’ That’s a heartbreaking question to answer.

“And it’s an early expression of the profound principle that sets our country apart: that all people are created equal, with equal rights to life, liberty, and the pursuit of happiness. That is the American dream – but for gay and lesbian couples, it is still only that: A dream.

“The plain reality is, if we are to recognize same-sex and opposite sex couples as equals, that equality must extend to obtaining civil marriage licenses. Now, some people ask: Why not just grant gay couples civil unions?

“That is a fair and honest question. But the answer is simple and unavoidable: Long ago, the Supreme Court declared that ‘separate but equal’ opportunities are inherently unequal. It took the U.S. Supreme Court nearly 60 years after Plessy vs. Ferguson, which upheld disparate treatment of non-whites, to come to that conclusion.

“But justice finally prevailed. It took the Supreme Court another 13 years to strike down laws barring inter-racial marriage and another 36 years after that to strike down laws criminalizing same-sex relationships. The march for equality and tolerance in America has sometimes been slow, but it has never stopped.

“Since our nation’s earliest days, when the first Congress adopted the Bill of Rights, the Constitution’s protections of liberty have grown broader and stronger, and the law of the land has grown increasingly neutral on matters of race, nationality, gender, and sexual orientation.

“That inexorable progress is the genius of our constitutional system. In fact, we have had major social change without violence because the revolution we seek is contained within our founding documents. We have no king to overthrow – only our own ideals to live up to.

“In the weeks ahead, I will continue doing everything I can to convince our state legislators to take the long view and consider their place in history – and consider the kind of world they want to leave their children.

“Governor Cuomo and Governor Paterson both deserve great credit for advancing this issue in Albany, and I strongly believe that just as New Yorkers are discussing and debating it openly – so should both houses of the State Legislature.

“That’s democracy. And the essence of democracy is a public debate and a public vote. New Yorkers have a right to know where their elected officials stand – and make no mistake about it, avoiding a vote is the same as a no vote on this historic issue – and New Yorkers deserve better.

“We deserve a vote not next year, or after the 2012 elections, but in this legislative session.

“There’s a reason I’m so passionate about this issue – and so determined to push for change. I see the pain the status quo causes – and I cannot defend it. When I meet a New Yorker who is gay, when I speak with friends and members of my staff who are gay, or when I look into the eyes of my niece, Rachel, I cannot tell them that their government is correct in denying them the right to marry. I cannot tell them that marriage is not for them. I cannot tell them that a civil union is good enough.

“In our democracy, near equality is no equality. Government either treats everyone the same, or it doesn’t. And right now, it doesn’t.

“Tonight, two New Yorkers who are in a committed relationship will come home, cook dinner, help their kids with their homework and turn in for the night. They want desperately to be married – not for the piece of paper they will get. Not for the ceremony or the reception or the wedding cake. But for the recognition that the lifelong commitment they have made to each other is not less than anyone else’s and not second-class in any way. And they want it not just for themselves – but for their children. They want their children to know that their family is as healthy and legitimate as all other families.

“That desire for equal standing in society is extraordinarily powerful and it has led to extraordinary advances in American freedom.

“It has never been defeated.

“It cannot be defeated.

“And on marriage equality, it will not be defeated.

“There is no retreating to a past that has disappeared. There is no holding back a wave that has crested. And there is no denying a freedom that belongs to us all.

“The time has come for us to fulfill the dreams that exploded onto Sheridan Square 42 years ago: to allow thousands of men and women to become full members of the American family, and to take the next step on the inspired journey our founding fathers first began.

“Together, we can work across the aisle to pass a bill allowing all New Yorkers to walk down the aisle and lead our state and country toward a more perfect union. Thank you.”

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National

Remembering Barbara ‘Boo’ Price, a pioneering force in women’s music

Key organizer behind Michigan Womyn’s Music Festival

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Barbara ‘Boo’ Easter Price died at age 82.

Barbara (“Boo”) Easter Price, a pioneering figure in the women’s music movement, died Tuesday, Aug. 4 in Oakland, Calif. Price produced some of the earliest women’s music concerts as a new lesbian-feminist culture was taking shape, and was a driving force behind the Michigan Womyn’s Music Festival which ran from 1976 to 2015 – a flagship event in the movement, and the largest women’s music festival in North America. Price was 82. 

“Her vision from the very beginning was how complex and how wide the whole phenomenon of women’s music could be, and how far we could carry it beyond the multi-purpose rooms and church basements into Town Hall and the Palace of Fine Arts and major media,” says singer-songwriter Margie Adam, for whom Price served as manager, agent, producer and attorney from 1975 to 1984, and, for part of that time, her romantic partner.

“I think when she heard Cris Williamson, Vicki Randle and me sing at the Embassy Theater in 1974, she grasped that this thing we were just beginning to call women’s music could actually be a soundtrack for the women’s liberation movement – that it could be an activator and a healing, empowering tool.” 

Arguably, nowhere was that emerging culture of music, feminism and community more fully realized than at the Michigan Womyn’s Music Festival. 

At its peak, 8,000 women, predominantly lesbians, came from around the world to gather for a week in August. Camping, music, dance performances, workshops and the requisite tofu and beans were just a few of the innumerable offerings in this rite of passage for a generation of lesbians in a time when there were few safe and free environments available.

Alicia Davis of Michigan remembers the festival foremost for its sense of community. “The feeling of not having to make myself smaller to fit into the world, but rather the feeling that I could be happy, loud and  share my opinions and feel valued, even when there were disagreements among people,” she says. “There was a shared respect that I didn’t feel outside of the festival walls. The festival shaped what I thought women could do in the world, the entire camp was made by women: electricians, plumbers, cooks, carpenters, singers, artists of every stripe… “

The sense of shared experience followed women long after they left “the land.”

In the 1980s, drivers across the U.S. would exchange knowing glances when passing a car with the familiar “See you in August!” bumper sticker. It was the original IYKYK. 

The Festival was also an important showcase for emerging and established musicians, including Holly Near, Meg Christian, Tracy Chapman, Indigo Girls and Ani DiFranco. The list of alumni is vast and stretches across genres from classical to Afro-centric percussion. To name just a few: Casselberry-DuPree, Phranc, Heather Bishop, Ubaka Hill, big band Deuce, flutist Kay Gardner, Edwina Lee Tyler, Lynn Breedlove-fronted punk band Tribe 8, pianist Mary Watkins, and Cultural Heritage Choir founder Linda Tillery who remembers Boo as the big sister she never had.

“I could go to her with anything, and she would listen and give counsel. She was always supportive of me and usually right,” the singer and arranger says.

And while Michigan wasn’t the only festival in the country, it inspired people like marriage equality activist and comedian Robin Tyler who attended Michigan because of Price, and went on to produce her own West Coast music and comedy festivals, as well as the main stage for three Marches on Washington.

“My last memory of Boo was not about Boo Price, the producer or the magician that could create everything,” says Tyler who was also Price’s lover for a time. “It was how lucky I was to have had her in my life at all, and that we were able to love each other and share. She was one of the most influential people of my life.”

Price’s talents were evident across the festival’s sprawling operation which relocated several times over its 40-year existence. In 1982, together with one of the original founders, Lisa Vogel, Price purchased the land that would become the festival’s permanent 650-acre home near Hart, Michigan; in 1983, she became a co-owner and co-producer, a role she held until the two parted ways in 1994.

From 1976–1994, Price was involved in many aspects of the Michigan Womyn’s Music Festival. But her prowess as producer was perhaps most visible at the Night Stage. Her contemporaries have vivid memories of an opening ceremony with an aerialist swinging on a trapeze from an oak tree, while jazz artist Rhiannon performed on vocals.

“Sometimes it started with a parade or a procession and percussion, and sometimes there were stilt walkers – and so there was always this production about you as you were coming to Night Stage,” remembers Sändra Washington, who performed with her twin sister Sharon as the Washington Sisters. As a performer, Washington recalled the wall of energy rushing at her from the audience.

“It was her desire to create a thing, a space, an event that was really magnificent – and that showed in everything she did, whether or not she was organizing a tour, or she was organizing a party, or events at the [Montclair] club,” says Washington. “Boo really specialized in creating a whole vibe around the event, the space, the production, so that you felt something special when you came into a space that Boo had created.”

“There was never a space that felt as positive, overwhelming, and energetic as the crowd at Michigan.”

Kathryn A. Willmore, co-founder of feminist journal Sojourner, remembers how Michigan grew into something bigger than anticipated – and how instrumental Price was in elevating the rudimentary systems needed to support it. One year, Willmore brought copies of Sojourner to the festival, hoping to connect with other people publishing women’s papers. “But there was no system for communicating any of that really. So I just tacked a note on a tree of that location, and there were about 30 of us that came together.” 

Price, Willmore says, helped put systems in place, articulate a vision, and bring in people who could then carry it forward.

“Boo really empowered so many women in so many dimensions. I think that is one of the overarching themes of her life, and certainly in music production… and her confidence was infectious. So people who had never done something grew into becoming experts. I think that she inspired and empowered.”

Willmore first met Price in 1961 at Mt. Holyoke just after the women arrived for the start of college. “There were all these girls in this half-empty dorm in the middle of a hurricane, and Boo started going around to everyone’s room to introduce herself. Then she got to my room… and that was the beginning of this lifelong friendship.”

The importance of what Price created cannot be overstated, nor the reach and durability of the connections formed in the space she helped build.

Just last month, a French woman found this writer on Instagram 40 years after the Festival and claimed I invited her into my tent. We have been corresponding since this improbable reconnection (though the question of who did the inviting is under dispute):

Emmanuelle Gachet, now a writer and professor at Université de Nantes, reflects on her experience:

“In 1986, I step onto an island populated by six thousand women. I come from France, from a rural area, and I am twenty years old. Never before have I felt such a powerful energy. Here, lesbianism is the norm. I don’t have to justify my place. For the first time, I am not a minority. At the time, I am broke. The community welcomes me with sisterhood. I take part in artistic and political workshops, without always realizing their significance. I discover music without male voices. Women playing, singing, improvising, taking the stage. A stage of their own. Music becomes a common language, a way of recognizing one another, of celebrating who we are and what we can create together… I leave with the feeling that I am leaving a world that may never exist again… “

Price’s influence extended beyond the festival arena. The MSU Libraries document the breadth of her production work, including the Women on Wheels Tour in 1976; a celebration for the opening of Judy Chicago’s The Dinner Party in 1979; concert closing the ERA Campaign at Constitution Hall with Margie Adam and Sweet Honey in the Rock; and, decades later, the 2008 San Francisco City Hall memorial for lesbian rights pioneer Del Martin. She also established Women in Production in 1976, which hired and trained primarily lesbian technicians and production staff.

Price co-founded Pleiades Records with Margie Adam in 1975, producing and promoting Adam’s first four albums. She had an eye for the entire presentation – from press kits and photography to album covers – and for how the emerging women’s music movement projected itself to the world. Price produced a 50-city tour promoting Adam’s first album, culminating at the historic National Women’s Conference in Houston in 1977, where Adam performed “We Shall Go Forth!” as 10,000 women joined in three-part harmony.

“When Boo and I began to work together, both of us were convinced that we should have that phrase, ‘Women’s music by women about women for everyone.’ And that was not a point of view that was agreed upon by everybody in women’s music,” Adam says. “We had wiggle room in there, and we had controversy, and we had continuums.” Ultimately, Price wanted the music “to get out as far as it can go.”

Barbara Easter Price was born on Oct. 8, 1943 in Lafayette, Ind. She received a bachelor’s degree in political science from Mount Holyoke College in 1965, and Juris Doctor from UC Davis in 1976.

She brought her legal background, organizational skills and business acumen to everything she touched – including the justice system, most notably through her work on child custody cases, a focus that grew out of her own experience. 

In 1978 she co-authored a law review article on lesbian custody proceedings and how attorneys could best prepare, at a time when lesbians were viewed unfavorably by the courts and “Sexual Orientation Disturbances” remained a psychiatric diagnosis.

“People forget what it was like,” says attorney Diane Gelon, who first met Price in 1977 at the women’s conference in Houston. “The lesbian mother would not have even had what we would look at now as normal access to that child because the fear was that the kids would be gay or lesbian, or there would be some amount of gender confusion, or they would suffer some kind of psychological harm… These are the myths that Boo wrote about and tried to address.”

Earlier in her career, she also worked at the White House for the Food for Peace Program, where she helped organize a Latin American tour for First Lady Lady Bird Johnson. She also worked with the President’s Commission on Civil Disorders. Price later became active in Bay Area Lesbians in Law, the Lesbian Rights Project, Lyon-Martin Clinic, the National Lesbian Feminist Organization, National Organization for Women, the National Women’s Political Caucus, and Women and the Law.

Whether through politics, advocacy or music, much of Price’s work was centered around creating spaces for women.

Following her tenure with the Michigan Womyn’s Music Festival and a brief hiatus, Price couldn’t help but create another gathering place. She had been regularly driving past an old building, originally established as a social and literary club in 1928. It still had its projection room, stage and lightboard. She knew she had to have it.

 “She just was always producing, even when she had stopped,” says Sharon J. Washington.

 Price purchased the building in 1996 and, after a thorough renovation, opened the Montclair Women’s Cultural Arts Club, which became home to the Montclair Women’s Big Band, which she co-founded with trumpeter Ellen Seeling in 1998. Over the next two decades, the predominantly lesbian space became a vital gathering hub, hosting more than 2,000 events – high-toned parties, workshops, theater, dance, concerts, and more.

“Her Valentine’s Day dances were extraordinary,” says Sändra Washington, who remembers four-course plated meals and, like many of Price’s friends, volunteered at the club.

When the club closed in 2015, luminaries of women’s music came together for farewell performances, and the San Francisco Bay Times chronicled the extraordinary range of what had taken place there: more than 500 birthday celebrations, 150 concerts (“which we can attest were fabulous,” the paper wrote), countless workshops, arts and cultural events.

“Whatever Boo had built, whether it was the club or her home – that was our second home,” says Sändra Washington.

“Buying that club was in some ways a transgressive action, but at the same time, it was saying we belong here,” says Margie Adam. “We belong everywhere. Women’s music belongs everywhere, and that was her vision from the moment that I met her.”

“I think of Boo as someone who inspired and empowered women everywhere,” says Kathryn Willmore. “She herself was a fearless explorer, and she instilled that spirit into so many other women who would never imagine themselves doing the things that they did. And it wasn’t just in music.”

Willmore remembers Price’s first foray into scuba diving. “She was a good swimmer, but there she was, completely underwater with this mask on, not being able to see much in front of her. So she just kept her eyes on the fins of the guide in front of her.”

She woke up the next morning and said, “Let’s do that again.”

“And she just fell in love with it, became an expert diver, and then inspired so many other women – including me,” says Willmore, who would never have imagined venturing into the sea’s depths had it not been for Price.

Price soon convinced others to join her, and organized trips over the years to explore earth’s bounteous ocean offerings – women traveling the world from the Caribbean to the Solomon Islands and sharing in the joy that Price found amid the coral reefs of Indonesia.

Price is survived by her son, Andrés Garcia Price; daughter-in-law, Katie Garcia; granddaughter, Tallulah Katherine Garcia; nieces Melissa Price and her husband, Donal, and Cynthia Price Czabala and her husband, Tom; and an expansive community of chosen family, friends, and beneficiaries of her generous and unstoppable spirit.

“Many of you know that Boo’s health had been in decline for some time,” Kathryn Willmore, Sharon J. Washington, and Margie Adam wrote in announcing their friend’s passing. “Over this past weekend, she had a serious heart attack and was being cared for in the hospital, with her son Andrés and family with her much of the time. Yesterday afternoon, she noticed a partially open door in her room and asked the nurse if that was the exit, because she was ready to leave. A few hours later, she did just that – moving on to another realm, but never out of our hearts.”

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Pentagon

Supreme Court ruled Boy Scouts could exclude James Dale. Now he says that same rule protects LGBTQ scouts from Trump

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Scouts marching in a Pride Parade. (Washington Blade file photo by Michael Key)

James Dale, the gay former Boy Scout whose landmark Supreme Court case established the organization’s First Amendment right to exclude him, has filed a second federal lawsuit against the Department of Defense over its relationship with Scouting America.

The Aug. 3 lawsuit, which is being exclusively reported by the Blade, seeks records about how the Pentagon is enforcing its ongoing compliance reviews with Scouting America, escalating Dale’s legal challenge to what he and his attorney, Isaac Park, characterize as government pressure on a private organization to change its policies.

The filing, which has not previously been reported, comes months after Dale sued the Pentagon under the Freedom of Information Act to obtain the memorandum outlining the department’s agreement with Scouting America. That first lawsuit resulted in the Pentagon releasing the memorandum just three weeks after Dale filed his complaint.

Now, Dale and Park want to know what happened after the memorandum was signed — including how the Pentagon is conducting its 90-day compliance reviews and whether those reviews are being used to pressure Scouting America to make additional changes.

The second lawsuit cites the Supreme Court’s 2024 ruling in NRA v. Vullo, which addressed when government officials cross the constitutional line by using their authority to pressure private organizations or entities into taking action the government itself could not directly require.

“I find myself in this interesting, ironic place where I’m defending the decision that expelled me,” Dale told The Washington Blade. “That said, Scouts, you have a First Amendment shield to protect yourselves from the DOD.”

Dale’s legal fight comes as Scouting America faces pressure from Defense Secretary Pete Hegseth, who has criticized the organization’s embrace of LGBTQ youth, girls and Scouts of color.

In recent years, Scouting America has made significant progress toward becoming a more inclusive organization — from removing its bans on LGBTQ Scouts and leaders, to providing opportunities for women and girls to participate in Scouting, to making Scouts of color feel more supported and visible within the organization.

Those changes angered Hegseth, who has never been a Scout, to the point that he threatened to sever the military’s longstanding ties with the organization.

Such a move would mean that the U.S. military would no longer provide medical and logistical support for the National Jamboree, the massive gathering of Scouts in West Virginia that typically draws about 20,000 participants. It would also prevent Scout troops from meeting on U.S. or overseas military installations, where many bases host active Scouting programs.

In February, before that threat was carried out, Hegseth announced that the Pentagon had reached an agreement with Scouting America that he said would refocus the organization away from diversity initiatives and other policies he characterized as “woke.” He again threatened to end the military’s longstanding support for the organization if it failed to comply within six months.

Hegseth also placed particular emphasis on Scouting America’s policies regarding transgender youth, saying the organization would require members to use their “biological sex at birth and not gender identity.”

But Scouting America President and CEO Roger Krone struck a different tone.

“We have transgender people in our program and we’ll have transgender people in our program going forward,” Krone told The Associated Press in February.

The conflicting messages prompted Dale to dig deeper.

“I wanted to get to the bottom of what deal had been struck with Scouting America under pressure,” Dale said. “What pressure did the Pentagon apply on a private youth organization that had a right to determine their own members?”

Dale filed a Freedom of Information Act request seeking the memorandum between the Pentagon and Scouting America. When the Defense Department did not provide the document, he turned to Park, a former Supreme Court clerk, and sued the department for its release.

Park said they deliberately took a narrow approach to the FOIA lawsuit, seeking a single document rather than launching a broader fight over thousands of pages of government records.

“We had one document that we really wanted, which was this memorandum, and we were going to ensure that there’s like a lead-pipe, stone-cold case for disclosure,” Park said.

The strategy worked quickly. Three weeks after the lawsuit was filed, the Pentagon released the memorandum.

But the document did not end Dale and Park’s questions. Instead, they said, it raised new ones.

Hegseth had publicly described a six-month window for Scouting America to make changes. But the memorandum provides for an ongoing compliance mechanism, with reviews taking place every 90 days.

For Dale and Park, that raises the possibility that the Pentagon could continue pressing Scouting America to change its policies long after the February agreement was announced.

Park described their concern as “jawboning” — the use of government power or influence to pressure a private organization into changing its policies without the government directly ordering it to do so.

“We saw in the weeks after the announcement of the memorandum changes being made to Scouting America’s policies,” Park said. “Them saying one thing, the department saying a slightly different thing, and our first question then was, of course, like, what is actually in this memorandum? Is this how they kind of got what they wanted?”

The memorandum, Park said, “clarified certain questions, but definitely also didn’t contain other changes” that Scouting America had made.

“That naturally arises: Well then, how did those changes come about?” he said.

Dale points to changes at Scouting America’s National Jamboree as an example of what he believes could be the result of the pressure.

The organization removed dedicated spaces for girls, Scouts of color and LGBTQ Scouts at the flagship event, which concluded last week.

“We see spaces for girls being eradicated, spaces for kids of color, spaces for gay people, for trans kids,” Dale said. “It happened at the flagship event of scouting, the jamboree.”

Dale said he fears similar changes could occur at the local level, including at Scout meetings and council events.

“All this document is empowering the government to keep pressing, keep putting pressure on Scouting America,” Dale said. “And what is that doing to American kids?”

The dispute is particularly striking because of Dale’s own history with the organization.

Dale had a long history with Scouting before the organization expelled him in 1990. At the time, he was a 19-year-old student at Rutgers University in New Jersey and was serving as an assistant Scoutmaster for Troop 73.

While attending Rutgers, Dale became co-president of the university’s Lesbian/Gay Student Alliance and was interviewed by The Star-Ledger about the health and well-being of LGBTQ students.

The interview made its way to Boy Scouts officials. The organization subsequently expelled Dale after learning that he was gay, describing him as an “active sodomite.”

Dale sued the Boy Scouts under New Jersey’s public accommodations law and initially won. The New Jersey Supreme Court ruled in his favor, finding that the state’s interest in preventing discrimination outweighed the organization’s claimed right to exclude him.

The Boy Scouts appealed to the U.S. Supreme Court.

In a 5-4 decision in 2000, the Supreme Court reversed the New Jersey ruling, holding that forcing the Boy Scouts to accept Dale as an openly gay assistant scoutmaster would violate the organization’s First Amendment right to freedom of expressive association.

The Scouts had argued that homosexual conduct was inconsistent with the values it sought to instill in young people.

Dale was devastated by the ruling.

“I thought it was the wrong decision at the time,” he said.

But the constitutional protection the Supreme Court recognized in his case is now at the center of Dale’s argument against the Pentagon.

The Boy Scouts’ policies have changed dramatically since Dale’s case. The organization began allowing openly gay youth in 2013 and gay adult leaders in 2015. It later expanded its policies to include transgender youth and adults.

The Boy Scouts of America formally changed its name to Scouting America in 2025.

Dale said those changes were made voluntarily — precisely the kind of private organizational decision that the Supreme Court’s ruling in his case protected.

“They did it voluntarily,” Dale said. “They won the Supreme Court case against me.”

Now, he argues, Scouting America should invoke that same protection against the government.

Park said that is the central constitutional question behind their efforts.

“In 1990, when he was expelled from the Scouts for being gay, and in 2000, after a narrow 5-4 loss at the court, we were told that a private entity, an organization like Scouting, are allowed to set their own membership policies,” Park said.

Over the following two decades, Park said, Scouting America changed those policies on its own.

“We won the culture war,” Park said. “Organizations like Scouting America decided on their own, of their own free will, that actually what they want is to be inclusive with respect to gay youth, with respect to trans youth.”

The question now, Park said, is whether the government can pressure an organization to reverse those voluntary decisions.

“I think that the story here is that of jawboning,” Park said. “Our question has always been the how of how this administration is achieving whatever policy goals, whatever ideological outcomes that they want.”

Dale sees the issue as extending well beyond Scouting America.

“It’s not even about the scouting program,” Dale said. “It is, but it’s much bigger than that. It’s about really what the executive branch is doing to private organizations that have a right to set their own policies for membership.”

Park said the argument could appeal to people across the political spectrum.

“During the Biden administration, it was COVID policy, and it was the NRA that the right was screaming about jawboning,” Park said. “This is a bipartisan issue in the sense that no one thinks the government is allowed to do this.”

For now, Dale and Park are seeking more information.

Park said their review of the memorandum left them with additional questions about the Pentagon’s relationship with Scouting America and whether the 90-day compliance mechanism is being used to continue influencing the organization.

“Disclosure or transparency is the right remedy for this,” Park said.

Dale’s interest in Scouting is not merely legal.

He said he still believes deeply in the organization and had returned to involvement with Scouting only recently, after years away.

“I love scouting,” Dale said. “I fought for a decade to get back in scouting.”

That makes his current position all the more unusual.

The organization that once fought him in court is now the organization he is trying to defend from government interference.

“I never thought that would be the case,” Dale said. “That would be saving queer kids.”

Dale said he hopes Scouting America will ultimately stand up for the policies it adopted after his Supreme Court case.

“They didn’t want gay people in the ’90s. Fine, I thought that was wrong,” Dale said. “But now they want to have trans kids. They want to have girls. They want to have kids of color.”

“But Donald Trump and Pete Hegseth don’t want them to,” he said.

The Pentagon declined to comment on Dale’s allegations or the ongoing litigation.

“As a matter of policy, we do not comment on ongoing litigation,” a Pentagon spokesperson told The Washington Blade via email.

The Blade also contacted Scouting America seeking clarification about its agreement with the Pentagon, including whether Hegseth or other Defense Department officials had pressured the organization to remove or alter policies protecting LGBTQ Scouts, girls, or Scouts of color.

Scouting America did not respond to a request for comment.

For Dale, the fight has brought his long-running legal battle with the Scouts full circle.

He spent the 1990s arguing that the organization should not be permitted to exclude him because he was gay. The Supreme Court ultimately said the Scouts had a constitutional right to make that choice.

Now Dale is arguing that the government cannot force the organization to make a different choice.

“I realized over the course of my life that I expected the institution to save me,” Dale said. “I expected the Boy Scouts of America to do the right thing. I expected the legal system, the Supreme Court, to do the right thing.”

“Neither one did,” he said. “You got to fight for yourselves.”

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Minnesota

Flanagan beats Craig in Minn. Senate primary after winning key LGBTQ endorsements

The race highlights a growing ideological shift within the Democratic Party, as Democrats increasingly seek a more robust pushback against Trump.

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Lt. Gov. Peggy Flanagan (D-Minn.) will run as the Democratic nominee for Minnesota. (Photo public domain)

Lt. Gov. Peggy Flanagan won the Democratic primary for the Senate in Minnesota, as progressive Democrats continue to clinch nominations across the country.

On Tuesday night, NBC News called the race for Flanagan, who received 59.0% of the state’s Democratic primary vote, while her opponent, Rep. Angie Craig, received 39.4%. Flanagan ran against Craig for retiring Sen. Tina Smith’s seat. 

Smith, along with Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass., endorsed Flanagan, while House Minority Leader Hakeem Jeffries, D-N.Y., and former House Speaker Nancy Pelosi, D-Calif., backed Craig.

Flanagan also received the endorsement of the Christopher Street Project, a transgender rights organization that has been at the center of efforts to counter the Republican Party’s push against transgender rights. The group chose Flanagan over Craig in part because Craig has not co-sponsored the Trans Bill of Rights, legislation that has been introduced multiple times in Congress and seeks to establish federal protections for transgender Americans.

The endorsement underscored a key difference between the two Democrats on LGBTQ issues. While Craig is the first openly lesbian mother in Congress, the Christopher Street Project said LGBTQ identity alone is not enough without a strong commitment to transgender rights as they are increasingly debated in legislative offices around the country.

In 2022, the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., endorsed Flanagan’s re-election campaign for lieutenant governor alongside Tim Walz, calling the duo “Champions of Equality.”

Flanagan called the race an expensive fight of the “many versus the money,” Flanagan told NBC News’ “Meet the Press Now.” Craig and her allies combined to spend nearly $20 million on the airwaves, while Flanagan and her allies spent $4.7 million, according to AdImpact and NBC.

“I’m running to make sure that people can afford the lives they want to live,” Flanagan said. “I want to get big money out of our politics, and I want to fight for things like ‘Medicare for All’ so that people aren’t just paying for health insurance but actually have access to health care.”

Flanagan criticized Craig, who is in her fourth term, for not standing up enough to President Donald Trump’s administration, a characterization Craig disputed. Craig flipped a competitive House seat in the Twin Cities metro area and had argued that she was the best candidate to win in November.

Craig faced criticism for voting for the Laken Riley Act, an immigration detention measure that Trump signed into law shortly after he started his second term in January 2025. Craig said she later regretted that vote.

Flanagan has been vocal about her stance on abolishing U.S. Immigration and Customs Enforcement. In a recent Minnesota Public Radio debate she said that ICE “has to be ripped apart.” Flanagan said she does support immigration enforcement to ensure secure borders.

Immigration and ICE debates are especially pertinent in the Twin Cities, as ICE agents fatally shot two U.S. citizens, Renee Good and Alex Pretti, in Minneapolis during an enforcement crackdown at the behest of President Trump.

Despite the contested race, Craig made it clear that Democrats are committed to unifying.

“We have an existential crisis in our nation with Trump and Republicans, and so I would be right by the lieutenant governor’s side asking my supporters to support her,” Craig said. “The most important thing in this election is that we beat Republicans. That’s what matters.”

On the Republican side, former NFL sideline reporter Michele Tafoya won the Senate primary. Considered an outsider to the Republican Party structure, she did not win the state GOP’s endorsement at the May convention, where delegates instead backed retired Navy SEAL Adam Schwarze.

She has run her campaign on a slew of issues Republicans have deemed worthy — including transgender sports participation, corruption, and minimizing illegal immigrants in the area.

This recent pattern of moderate and centrist Democrats raising huge funds — in many instances backed by major PACs — only to lose to more progressive and less experienced candidates is growing as more people grow disillusioned with the Democratic Party’s inability to push back against Trump and Republicans. A similar outcome happened in Michigan’s Democratic primary last week when progressive physician Abdul El-Sayed won over incumbent U.S. Rep. Haley Stevens (D-Mich.).

Democratic Gov. Tim Walz, who decided not to run for re-election, stayed neutral in the Senate primary but his wife, Gwen, backed Craig over Flanagan, the governor’s ticketmate.

The Senate seat will be determined in the election on Tuesday, November 3, later this year.

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