Connect with us

National

Frank embraces title of LGBT rights pioneer

Retiring gay lawmaker talks ENDA, 2012 election

Published

on

Rep. Barney Frank (Blade photo by Michael Key)

Retiring Rep. Barney Frank (D-Mass.) acknowledged on Tuesday his role as a pioneer for LGBT rights during a Washington news conference.

Asked by the Washington Blade whether he thinks characterizations of him following his retirement announcement as a gay rights pioneer are accurate, Frank replied, “Yeah, in the sense that I was the first person to volunteer that I was gay.”

Frank made the comments during a news conference on Capitol Hill following his announcement from the previous day that he won’t pursue a 17th term in the U.S. House. He took questions from Washington-area reporters after participating in a similar event on Monday in his home district in Massachusetts.

MORE IN THE BLADE: PRESIDENT OBAMA PRAISES BARNEY FRANK AS A ‘FIERCE ADVOCATE’ FOR AMERICANS

Frank, 71, was first elected to Congress in 1980 and publicly came out as gay in 1987. The lawmaker was the second openly gay person to serve in Congress. The late Rep. Gerry Studds had come out as gay in 1983, but only after revelations emerged that he had an affair with a 17-year-old male page.

“My colleague Gerry Studds was first person courageously to acknowledge it,” Frank continued. “Before Gerry, a number of members of Congress had been caught in sexual activity that would have led people to infer that they were gay. As I recall, all of them announced that they were too drunk to remember what they were doing, which is an unusual description of one’s capacity to be drunk to remember things, but that’s what they said.”

On his own coming out, Frank continued, “I was the first to acknowledge being gay. … I didn’t do it until I was 47. I was not the daring young man on the flying trapeze here.”

Among those dubbing Frank a “pioneer” for being openly gay as member of Congress decades ago was fellow gay U.S. Rep. Jared Polis (D-Colo.), who Monday in a statement called Frank “a groundbreaking pioneer and one of the most insightful, knowledgeable and humorous people ever to grace the halls of Congress.”

Over the course of the news conference, Frank took questions on matters including the sustainability of the financial reform law known as Dodd-Frank that he helped shepherd through Congress and into law last year and his oversight as House Financial Services Committee chair of subprime mortgage lending that some say contributed to the 2008 financial crisis. However, the lawmaker also took a handful of LGBT-related questions.

Asked why ENDA hasn’t yet become law, Frank said the answer is “very simple” and pro-LGBT bills need Democratic majorities in both chambers of Congress and a Democratic administration to become law.

“The only way you can get any law passed that fights discrimination based on sexual orientation and/or gender identity is if you have a Democratic president, House and Senate,” Frank said. “Now, people don’t realize how rarely we’ve had that. We’ve had a Democratic president, House and Senate for four years out of the 32 I’ve been in Congress. We had it for the first two years under Bill Clinton and we had it for the first two years under Barack Obama.”

Under Clinton, Frank said Americans hadn’t evolved enough in terms of LGBT rights to pass ENDA, although he said LGBT rights were advanced by executive orders enabling LGBT government workers to have security clearances and allowing foreigners to claim asylum in the United States based on their LGBT status.

MORE IN THE BLADE: BARNEY FRANK’S LEGACY

Frank noted that hate crimes protection legislation and “Don’t Ask, Don’t Tell” repeal were able to pass during the 111th Congress. As for why ENDA wasn’t among those bills, Frank said a crowded schedule under which lawmakers worked on health care reform as well as the issue of transgender inclusion were factors.

Frank said the recently passed transgender workplace protections bill in Massachusetts could be a “model” for addressing transgender inclusion issues for ENDA in Congress because of the state law’s more limited scope omitting public accommodations.

“The Massachusetts Legislature just passed and the governor signed a bill that prohibits discrimination on people based on gender identity,” Frank said. “They already had one on sexual orientation. But it’s in employment; it does not include public accommodations. It avoids the whole issue of what happens in locker rooms and bathrooms.”

Frank added he thinks ENDA will become law when the Democrats have control of the White House and both chambers of Congress.

“Given the polarization of this issue and the extent to which the Republican Party has moved to a virtually unanimous overwhelmingly anti-LGBT position — with some exceptions in the Senate on ‘Don’t Ask, Don’t Tell’ — it’ll be the next time you get a Democratic House, Senate and president,” Frank said.

Frank also commented on the importance of having openly LGBT members of Congress, saying, “Personal factors mean a lot.” Frank’s departure could lead to a reduction in the number of openly gay members of Congress, although other candidates are in the running.

“Voting in the abstract on an issue is one thing,” Frank said. “Telling someone with whom you have had good personal relations that you think he’s inferior — that’s harder. … If you believe we should be finishing the fight against … legal discrimination based on sexual orientation and gender [identity], it is important to have people who are gay or transgender or lesbian in the mix.”

As far as issues that weren’t LGBT-specific, Frank also responded to what he thought would happen to Congress after the 2012 election. He said Democrats could win control of both chambers of Congress, but he doesn’t believe Democrats would have sufficient seats for a “workable majority.”

“I don’t think we will have the unusual circumstances we had of having enough senators to almost break a filibuster,” Frank said. “I don’t think in either House you’re going to have workable majorities. I guess that’s the best way to put it. I think it’s very possible that we will have a Democratic majority, but I don’t think you’re going to see a workable congressional majority for the next two years in the House or the Senate.”

Frank also ruled out the possibility of being appointed as secretary of the Department of Housing & Urban Development. Frank had earlier expressed interest in the position in a biography published in 2009. If he had received such an appointment, he would have become the first openly gay Cabinet member.

“My hope that was that Obama would get elected, we would have four years under Obama’s presidency of Democratic control and we could establish some new housing programs,” Frank said. “We would establish some new housing programs and I would like to have the chance to administer them. Unfortunately, it didn’t work out.”

Frank continued that his “biggest disappointment” over his congressional career was that he didn’t advance rental housing programs over which HUD would have jurisdiction as much as would have liked.

“So the reasons that I would have liked to be secretary of HUD would be to administer programs that don’t exist,” Frank said.

Frank also followed up on comments he made Monday saying he “lived a good enough life to be rewarded by Newt Gingrich being the Republican nominee.” The former House speaker is currently the front-runner among the GOP presidential candidates, according to some polls.

The lawmaker said he “isn’t an expert on the Republican nominating process” but believes the rise of Gingrich is the result of dissatisfaction with former Massachusetts Gov. Mitt Romney, whom some consider the establishment candidate for the Republicans.

“I must say, when I saw the Sunday edition of the Union Leader endorse Newt Gingrich, I guess I channeled my grandmother, ‘From Joe McQuaid’s lips to God’s ears,'” Frank said. “It just seemed to me — given the Freddie Mac thing, the marital difficulties, the other issues that he’s got, the fact that he was forced to pay a fine by the House of Representatives — it just seemed to me unlikely. I guess, but, again, I’m not an expert on this, the distaste for Mitt Romney is so strong, it outweighs some of Gingrich’s problems.”

 

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

Published

on

U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

Continue Reading

Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

Published

on

U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

Continue Reading

New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

Published

on

The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

Continue Reading

Popular