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Barney, speaking frankly

Retiring congressman on state of LGBT movement, coming out in 1987 and his future plans

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Rep. Barney Frank

Retiring Rep. Barney Frank spoke to the Blade this week about a wide range of topics, including the state of the LGBT movement and his future plans. (Washington Blade file photo by Michael Key)

Gay U.S. Rep. Barney Frank (D-Mass.), who announced last week that he won’t run for re-election next year, said the LGBT community has seen an “enormous” amount of progress during his more than 30 years in Congress and would achieve close to full equality in 12 years.

“I think we are on the verge of a very complete victory within a dozen years or so,” he told the Washington Blade in an interview in his office on Tuesday.

“That is, I think the country is supportive. It gets better generationally,” he said. “I don’t think people will be allowed to marry in every state, unfortunately, 10 years from now. I think people in those states where a majority of people live will be allowed to marry and will have full federal rights.”

Frank said he became the first member of Congress to voluntarily disclose he was gay in 1987, six years after taking office in 1981, after he determined staying in the closet was too constraining on his personal life.

“I got there and I thought, OK, well I can be privately out but publicly closeted,” he said. “But it didn’t work. I found it very hard to have a satisfying, healthy emotional and physical life.”

Frank said that during the years he withheld disclosing his sexual orientation, both as a congressman and a member of the Massachusetts State Legislature, he promised himself that he would never hold back on his strong political support for LGBT rights in an effort to conceal his status as a gay person.

“I remember my thought process was, well I can’t be honest about being gay. I wouldn’t win. But it would be despicable for me as a gay man to be any less than fully supportive,” he said.

In a wide-ranging discussion of his views on how the LGBT movement should push for civil rights legislation in Congress and through the states, Frank expressed in the blunt way he has been known to do that LGBT activists should use the most effective means of moving their agenda, even if that sometimes means making compromises.

He described as “political suicide” the call by some LGBT activists and bloggers for withholding support for President Barack Obama on grounds that Obama and his Democratic allies in Congress didn’t push harder for more LGBT legislative advances, including the passage of the Employment Non-Discrimination Act, or ENDA, which remains stalled in Congress.

Frank said he has seen important advances in the support for transgender rights in Congress and several states, including Massachusetts, which just passed a transgender non-discrimination bill that includes protections in employment, housing, credit and adds transgender protections to the state’s hate crimes law.

But Frank noted that the bill passed after transgender leaders and their supporters in the legislature agreed to a compromise that eliminated public accommodations protections from the bill. Lawmakers supportive of the bill said they would add public accommodations protections to the law as soon they can line up the votes in the legislature needed to do so.

Frank dismissed as “ridiculous” the attacks by some LGBT activists who called the compromise unacceptable and an outrage against the transgender community.

“That is an example of their political stupidity,” he said, noting that the compromise bill provides employment and housing protections that otherwise would not have passed if advocates held out for an all-or-nothing bill.

Frank described as “reasonable” a proposal by LGBT advocates that President Obama issue an executive order requiring companies that receive federal contracts in the defense and other industries to provide non-discrimination protections for their LGBT employees.

“I think that’s a reasonable thing to keep pushing for,” he said. “There are limits to what you can do. You don’t want the president to overreach from what could be required in legislation. I think that’s worth pushing for if it’s carefully done.”

A transcript of the Blade’s interview with Rep. Frank follows. The interview was conducted on Dec. 6, 2011, in Frank’s Capitol Hill office.

Washington Blade: To what degree have you seen support for LGBT equality increase in the U.S. Congress since you took office as a congressman in 1981?

Rep. Barney Frank: Oh, enormously. When I first got here, the first vote we had was in 1981 when the House – as it was able to do then by a one-house vote – overturned the D.C. Council’s repeal of the [city’s] sodomy law. It was a heavy vote against us. And we’ve just made very great progress since then. It’s to the point where now — and it’s unfortunate that it’s gotten very partisan. The country has gotten much better in its view on LGBT rights. The Democrats have gotten better — equal to or ahead of the country. But the Republicans have gotten much worse. So it’s now one of the major partisan issues. It’s unfortunate how terrible the Republicans have become. You saw that in ‘Don’t Ask, Don’t Tell,’ for instance, in the House. But in general the expectation is the Democrats in the House will be supportive on most issues, and I think that reflects the country.

Blade: What prompted you to come out as gay in 1987?

Frank: First, my personal life. I’ve known I’ve been gay since I was 13. I lived a very repressed life until then. And then, because I had emotional and physical needs that needed an outlet, I got here and I thought, OK, well I can be privately out but publicly closeted. But it didn’t work. I just found it very hard to have a satisfying, healthy emotional and physical life. So it was primarily my personal life. But it was also the secondary factor that I thought it would be helpful in fighting prejudice. One of the things I realized about talking a lot about gay rights – and increasingly by then people knew I was gay. I wasn’t out publicly. I realized they did not understand what it was like, what we went through, what the pain was. But that’s because they didn’t know anybody. It’s hard to sympathize with people when you don’t know who they are. You don’t see what it is.

Blade: Unlike other gay public officials who were in the closet, you didn’t seem to hold back in your public support for gay rights.

Frank: It was quite the opposite. I decided to run for office in 1972 – to run for the state legislature in Massachusetts. And I remember my thought process was, well I can’t be honest about being gay. I wouldn’t win. But it would be despicable for me as a gay man to be any less than fully supportive … There were then two gay groups, a men’s group and a women’s group. And they wrote to everybody who was running for the state legislature in 1972. It was just a couple of years after Stonewall. And for the first time you had organized gay political activity. And they said, ‘Would you introduce legislation to provide legal equality for gay people, which was the term we used then. And I said yes. I was the only one who said yes. So that’s how I became the prime sponsor of the legislation. I was the only one. But I was glad to take on the role. So, yeah, I clearly decided I would not in any way retreat. And I remember the first time I testified on gay rights. I was 32, unmarried. And I thought, well, what are they going to think? And my answer was, oh, the hell with what they think. I was prepared to sacrifice enough not to come out. But I was not prepared to degrade myself by pretending to be anything less than supportive of who I was.

Blade: When you came out in Congress did you sense you were being held back from advancing because of a so-called glass ceiling due to your sexual orientation?

Frank: I think there was one at first. I think, now, yes and no. Certainly it didn’t interfere with my being the chair of a very powerful committee and being, frankly, because of the circumstances, one of the major leaders. In fact I said that on the floor. I remember saying when we were talking about the hate crimes bill, ‘I’m a big shot now but I used to be 15 and I remember what it was like.’ … If I were running for a leadership position it might be a problem in the House. Some of the Democrats come from the few areas left where they’re afraid. But now we have almost all the Democrats on board. We have a handful that aren’t. So no. And the other – I assumed it would have been a bar to [running for] the Senate. But in 2004, when we thought John Kerry might get elected president, we had a mock election for the Senate in Massachusetts. Five of us were running – Congressman Markey, Congressman Lynch, myself, then Congressman Meehan and Martha Coakley, now the attorney general. And we were running and I’ve had people who worked in the other camps say I would have won that race. So if Kerry had been elected president I believe I would have been elected to the Senate in 2004. So I mean other than the presidency and the vice presidency I think there’s probably not one.

Blade: Where does the LGBT movement stand now in its ability to advance legislation?

Frank: We’ve gotten better. I think there’s two good examples of great victories. They didn’t involve demonstrations, they didn’t involve marches. They involved some discretion and some compromising. Deferring to [New York Governor] Andrew Cuomo’s leadership politically in the battle for [same-sex] marriage in New York, and he told them how to do it. And then accepting the exclusion of public accommodations from the trans [non-discrimination bill, which passed in November 2011] in Massachusetts.

Blade: The trans bill in Massachusetts became an issue to some—

Frank: An issue to whom?

Blade: Some of the more outspoken trans activists, who say they are outraged because it includes employment, housing and other protections but not public accommodations protections.

Frank: No, I would say ridiculous trans activists who are outraged, who would prefer there be no rights for employment than this. That is an example of their political stupidity. They may be very bright about other things. I don’t see how anybody can see that as a rational argument right now, nor, by the way, do I think it represents five percent of our community. I don’t even think it represents a majority of the transgender people. How can it possibly be – and by the way, these people don’t know history, because I will tell you that Martin Luther King and the other civil rights leaders would not for a second have hesitated to accept that deal. They were constantly moving toward making things better but those are both examples, I think, of the political maturity of our community – of knowing how to go about it. And I think as a result we are on the verge – well, by the way, we did the same thing with ‘Don’t Ask, Don’t Tell.’ We didn’t abolish ‘Don’t Ask, Don’t Tell.’ We didn’t ban statutorily discrimination against us in the military. We banned the requirement that we discriminate. And there was some, ‘Oh, gee, how do you know they maybe will not do it fairly?’ I think we are on the verge of a very complete victory within a dozen years or so. That is, I think the country is supportive. It gets better generationally. I don’t think people will be allowed to marry in every state, unfortunately, 10 years from now. I think people in those states where a majority of people live will be allowed to marry and will have full federal rights.

Blade: Are you concerned about the provision of DOMA – if it’s repealed – that says the states don’t have to recognize same-sex marriages from other states –

Frank: That doesn’t mean anything. I’ve said this all along. That doesn’t mean anything at all. The court will disregard that. Quite frankly people don’t understand that. That’s a matter of interpreting the Full Faith and Credit Clause of the Constitution. The Supreme Court will tell Congress, ‘Mind your own business.’ It has nothing to do with you. That is totally meaningless, that section. It doesn’t mean a thing. Congress cannot affect by statute a constitutional interpretation. By the way, the Constitution always was that states did not have to recognize that. When the Supreme Court threw out the law against inter marriage racially it wasn’t based on one state having to recognize another state’s marriage. The assumption was in 1967 that Virginia, which is where the case was brought, didn’t have to recognize a marriage in Europe. So everybody agreed – an African American and a white person can get married in New York and Virginia can disregard it. It was thrown out on constitutional segregation grounds. So in the first place, that’s been the Constitution anyway. Secondly, if it was, Congress would have nothing to do with it. It’s an entirely meaningless provision.

Blade: Some, like Hillary Clinton when she ran for president in 2008, said her husband signed DOMA because it would act as a safeguard against passing a federal constitutional amendment to ban gay marriage.

Frank: That’s nonsense. Her husband signed it because he was afraid politically about what would happen if he didn’t sign it. It has nothing to do with a constitutional amendment. He signed it because it was politically necessary to sign it. And I understood that. The Republicans threw it on his lap three months before the election. [Liberal, gay-supportive Senator] Paul Wellstone [D-Minn.] voted for it. He was up for re-election that year and he was afraid of it. It had nothing to do with stopping a constitutional amendment. And the fact is it does not mean anything. And no good lawyer will tell you it has any meaning whatsoever. This is a matter of the Constitution. It would be like if Congress passed a law saying the 14th Amendment doesn’t mean this or that. No, it’s none of our business what it means or not. We can decide for ourselves what it means, and I can govern my vote. But whether the Full Faith and Credit Clause compels marriage recognition or not is entirely up to the Supreme Court. And clearly up until now they have said it doesn’t.

Blade: Do you have any predictions of what the Supreme Court might do if the Proposition 8 case gets there?

Frank: I think that’s not a good case. I think the better case is Mary Bonauto’s case [the attorney with the LGBT litigation group in Boston, Gay & Lesbian Advocates & Defenders, which is challenging the Defense of Marriage Act, or DOMA, in court on behalf of a same-sex couple.]

Blade: In your 1992 book, “Speaking Frankly: What’s Wrong with the Democrats and How to Fix It,” you said some liberal Democrats unnecessarily alienated voters by being reluctant to “demonstrate that liberals are patriotic supporters of the free-enterprise system who think that hard work should be rewarded and violent criminals severely punished.” Do some of these things still apply today and do they have any relevance to the gay movement?

Frank: Yes, I still believe it’s a mistake, for example, to insist that every Democrat be for gun control. That’s a great loser for us in most of the country. I’ll vote for gun control. But it’s a great loser. I also believe it has to do with – I’ll go back to marriage in New York and the non-discrimination bill in Massachusetts. Yeah, it’s very, very relevant still. You have to be smart about it, that you engage in political activity to advance your goals, not to feel morally superior.

Blade: Everybody’s talking about the presidential election. Are the Republican presidential candidates as horrible as a lot of gay activists are saying they are on LGBT issues?

Frank: Yes – they are. Romney is a total faker, having said he was going to be more pro-gay rights than Ted Kennedy and he’s moved against us on everything, not just on marriage. And Gingrich was the leader of homophobic stuff when he was here. Gingrich was the man who put the Defense of Marriage Act on the agenda in 1996 when he was the Speaker. I don’t know where Huntsman is, but he is irrelevant. It’s the whole Republican Party. On ‘Don’t Ask, Don’t Tell,’ you saw the overwhelming majority of Republicans vote against the defense bill in the House because it included the repeal of ‘Don’t Ask, Don’t Tell.’ They ordinarily all vote for the defense bill. We did get a couple of votes in the Senate. [Senator] Susan Collins’ [R-Maine] support was very important in that. But in general the Republicans have become a 90 plus percent anti-gay party. By the way, [President George W.] Bush didn’t undo stuff. He wouldn’t do anything good. But I’m not at all confident that a Republican president won’t reinstate ‘Don’t Ask, Don’t Tell.’

Blade: Is there a chance that the Congress would block that, even if there’s a Republican-controlled House?

Frank: Well Congress couldn’t reinstate it because they would never get it through the Senate and the president would veto it. But if the Republicans win the presidency they don’t need the Congress. The president could reinstate it by executive order.

Blade: Is it completely settled now that every gay civil rights bill will include gender identity and expression protections or it won’t be introduced, whether it would be ENDA or another bill?

Frank: I think it’s unlikely that it wouldn’t but that doesn’t necessarily mean it will pass. I think you’ll see transgender protections included. We’ve made progress on transgender. But my view is the same in that we still have the problem with the situation where people get naked together. But short of that, I think the next time we have a Democratic House, Senate and president – remember, we can only pass pro-LGBT legislation when we have a Democratic House, Senate and president. We’ve only had that twice since Jimmy Carter left office—two years under Bill Clinton and two years under Barack Obama. That’s the exception, not the norm. So the next time we get a Democratic House, Senate and president we’ll be able to pass a transgender-inclusive ENDA. But like the Massachusetts law, probably not allowing full and unrestricted access to locker and shower rooms

Blade: We get emails and calls from some activists saying the Democrats should have been held to a higher standard, that they should have done more on LGBT legislation during the period that they did have the House and Senate and the presidency under Obama.

Frank: Which was?

Blade: Among other things, ENDA.

Frank: We had a transgender inclusive hate crimes bill and a repeal of ‘Don’t Ask, Don’t Tell.’ I think that’s pretty good. I wish we had done ENDA. But part of the problem was the community refused to accept the kind of compromise that Massachusetts did. If we had that – one of the things the [House] leadership was worried about was … what are we going to pass the bill for if some of the people who are going to be the beneficiaries are attacking us? So what’s the point of that? People are holding us to a higher standard? Whose standard? Where did you become the standard setter? What we got, as I said, was the president coming out against DOMA and very importantly elevating the level of scrutiny that’s needed for ending discrimination. And we got hate crimes through and we got ‘Don’t Ask, Don’t Tell’ repealed. I think that’s pretty good.

Blade: Many in the community agree with that assessment.

Frank: In general, the people who are complaining — well, what’s their remedy? They’re complaining, what do they want, sympathy? If they’re saying they wish we had more, I do too. Are they saying that’s a reason not to be supporting Barack Obama? That’s political suicide. The next president will probably appoint another Supreme Court justice or two. I don’t see how people can say, oh, we care about the lawsuit for Prop 8, we care about the DOMA lawsuit but let’s make sure that a homophobe will appoint the next Supreme Court justice.

Blade: It’s hard to argue with that.

Frank: Well you raised it.

Blade: Some bloggers and activists have raised it.

Frank: And the answer is that it is suicidal and dumb and self-defeating. Plus, you focus much too much on this. They are a very small percentage of our community and I think that’s a tendency, whether you’re in the media or whether they blog. That is a very small percentage of the community. Do you think most transgender people – Diego would know better than you or I – What do most transgender people in Massachusetts think about the bill?

Diego Sanchez [Frank’s legislative assistant and longtime transgender advocate]: They support it.

Frank: OK.

Blade: A similar situation occurred this year in Maryland when most transgender leaders, including veteran transgender activist Dana Beyer, agreed to a compromise transgender non-discrimination bill that didn’t include public accommodations protections. Beyer was denounced by other trans activists for accepting the compromise.

Frank: Stop paying so much attention to a handful of people with terrible political judgment who are acting out emotionally. They’re only important to you, to be honest. They’re not important me. They’re not important to anyone in the Maryland Legislature.

Blade: What do you think about the possibility of an executive order by President Obama to require defense contractors or any private companies getting government contracts to have a non-discrimination policy for their LGBT employees?

Frank: I think that’s a reasonable thing to keep pushing for. There are limits to what you can do. You don’t want the president to overreach from what could be required in legislation. I think that’s worth pushing for if it’s carefully done.

Blade: To issue that executive order?

Frank: For contractors, yeah, using race as a model. The problem we do have is this. Racial discrimination is embodied in the Constitution and we’re not. So there is more power where race is concerned.

Blade: In terms of your own plans, can you say a little about what you plan to do when you leave Congress?

Frank: I’m going to teach, lecture for money, and write.

Blade: And did you say you don’t plan to become a lobbyist?

Frank: Oh, absolutely not. Now I will still be a supporter and an advocate, but I won’t lobby for money. I will continue to work on LGBT issues but not as a lobbyist for money.

Blade: Would you consider going on the board of one of the prominent national gay groups?

Frank: No, I don’t want to go to any more meetings and vote any more. I’ll do what I can do but I don’t want to go on a board. I’m just looking for freedom from that kind of responsibility. But I will continue to be an advocate and strategist.

Blade: Will you consider testifying on LGBT issues before –

Frank: Remember that for the year 2013 I will be under an ethics one-year pause. But I will be picking up again in 2014.

Blade: That’s an ethics requirement on the Hill?

Frank: One year – I can’t talk to my colleagues for a year about business.

Blade: We just saw a photo of you with your partner James Ready at a White House holiday party this week. You’ve been taking your partner to functions for quite a while. Has that caused any complications or negative political repercussions?

Frank: I read a book that was very important by a man named Charles Hamilton. It was a biography of Adam Clayton Powell. When Adam Clayton Powell got elected to Congress, while he was the third African American, he was the first to be self-respecting. The two before him had accepted segregation in the Congress. When Adam Powell got here, I think it was 1943, he was not allowed to use the House restaurant. He was told he couldn’t use either the restaurant or the swimming pool. He said ‘Screw you,’ and he did it. And what he then did, and this is what my view was. I should not do anything just to make a point. But I shouldn’t not do something because somebody else was trying to make a point. So I have insisted with the three partners I’ve had, but particularly with Jimmy Ready, we do everything everybody else does. He goes to the spouses’ lunches. We travel together. We do everything everybody else does. Not to make a point but because that’s what we want to do and I think we have come a long way in acceptance. I spoke earlier this year at the Bank of America in New York to a meeting of a couple of hundred LGBT people who are in the financial services industry, many of them younger. And Jimmy and I were there and Jimmy and I talked to them. And a couple of them, a number of them, said, boy, it really means a lot to us because you’re working in this financial industry, it’s somewhat conservative, can I put a picture of my girlfriend up on the desk? That’s what a woman said. I said, well, if the chairman of the House Financial Services Committee can bring his partner there, sure. And there’s also another reason. It’s a little easier for them to think of us other than this abstract embodiment of rights. I want them to think of us as flesh-and-blood people who love each other and are physical with each other.

Blade: In the course of your role as chairman of the Financial Services Committee, you were dealing with nation’s leading financial and corporate leaders. Did you sense any attempt by these people to take advantage of you because you were gay?

Frank: No, they didn’t dare. I don’t think most of them wanted to be. But early on, Jimmy and I went to in 2007 or 2008 into Manhattan. We had a series of meetings and Tim Geithner was then president of the New York Federal Reserve. And Jimmy went up to take a nap on Tim Geithner’s couch in his office while I had a meeting with him. But at the time, some guy said the Fed doesn’t yet have an affinity group for gay people. So we fixed that up that day. No, I’ve never sensed any problem.

And Hank Paulson, the then Secretary of the Treasury, to his credit, in his book, in the index, you can find Jimmy’s name. We’ve been out to dinner with him and his wife a couple of times. He and I get along very well. He said at one point the negotiations were breaking down, he was worried. And he knew that if he talked to me we could make a deal. And so he sent his two top guys to find me. He said they went looking for Congressman Frank and they found him on the third floor of the Capitol having dinner with his partner Jim Ready, which was just a gratuitous nice reference. But I’ll also tell you what I said. We had the [House Democratic] caucus [meeting] on hate crimes in 2008 when Judy Shepard [mother of Matthew Shepard, who was murdered in an anti-gay hate crime]. And they asked me about some of the African Americans who were being told by ministers that if we passed a hate crimes bill they would be criminally liable if they said homosexuality was against the Bible, which, of course, is nonsense. So I said let me address this because this has nothing to do with free speech. It’s only a crime if you hit somebody and harm somebody when you commit a crime. So I said let me put it this way. If this bill became law tomorrow it would still be entirely legal to call me a fag. I just wouldn’t recommend it if you were in the banking business. And that was my way of getting it across to my colleagues.

Blade: Is there anything else you’d like to bring up?

Frank: Well there’s one last thing. I think we’re winning. And the public opinion is on our side. But some people say if you’re winning you can take it easy. I say no. When you read military history they say sometimes military leaders make a mistake that they ease up at the point where they’re winning. That’s when you crack down. That’s when you’ve got them on the run. You have to continue to press, because I think we’re on the verge of winning this fight.

Blade: The opponents seem to be saying now, in response to the marriage fight, that society will be seriously harmed if the gay side prevails and gays are allowed to marry. How do you address that?

Frank: And the mainstream media always lets them get away with it. They’re always making these stupid predictions. They never come through. By the way, I give credit to the commandant of the Marine Corps, General [James] Amos, who just admitted that his gloom and doom predictions of six months ago aren’t true. Remember, he’s the guy who opposed repeal of ‘Don’t Ask, Don’t Tell.’ He said he was wrong. It was a non-event. But I think we ought to do a better job on that, to get the stupidities that they’ve predicted and show that they weren’t true. I’ve been doing this for a long time. I’ve heard those same predictions about the Equal Rights Amendment for women, about protecting people with disabilities, about gay rights, about race. Any time you talk discrimination they say, well, I don’t dislike those people but it’s going to be chaotic. And it never is. The fact is, unfortunately, given the nature of things, anti-discrimination laws are hard to enforce. The bigots are sophisticated. It’s hard to catch them.

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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Arizona

Ariz. governor vetoes anti-transgender, Ten Commandments bill

Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk

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Arizona Gov. Katie Hobbs speaks with reporters at an April 8, 2024 press conference. (Photo courtesy of Hobbs’s Facebook page)

BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday. 

Hobbs, who has made it clear that she’ll use her veto power on any bills that don’t have bipartisan support — and especially ones that discriminate against the LGBTQ community — vetoed 13 bills, bringing her count for this year to 42.

Republicans responded with obvious outrage to Hobbs’s veto of their “Arizona Women’s Bill of Rights,” which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.

“As I have said time and again, I will not sign legislation that attacks Arizonans,” Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628

The Arizona Senate Republicans’ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth. 

“With the radical Left attempting to force upon society the notion that science doesn’t matter, and biological males can be considered females if they ‘feel’ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Women’s Bill of Rights,” Senate Republicans wrote in a statement. 

The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women. 

“Instead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesn’t matter,” Senate President Warren Petersen said in the statement. “Our daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.”

But trans advocates say, and at least one study has found, that there’s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them. 

In the statement, the bill’s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes. 

Republicans also clapped back at Hobbs’ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional. 

In a statement, the bill’s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of “abandoning God” with her veto. 

“As society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,” Kern said in the statement. 

In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable. 

“Sadly, Katie Hobbs’ veto is a prime example of Democrats’ efforts to push state-sponsored atheism while robbing Arizona’s children of the opportunity to flourish with a healthy moral compass,” Kern said. 

Another Republican proposal on Hobbs’s veto list was Senate Bill 1097, which would have made school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan. 

“This bill will further the politicization and polarization of Arizona’s school district governing boards whose focus should remain on making the best decisions for students,” Hobbs wrote in her veto letter. “Partisan politics do not belong in Arizona’s schools.”

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Caitlin Sievers

Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.

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The preceding piece was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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