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2011: A year of milestones, tragedies, courtroom fights

From N.Y. marriage to Frank’s retirement, another year to remember in LGBT news

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The story of the year was the end of “Don’t Ask, Don’t Tell.” Here are our picks for the rest of 2011’s top LGBT news stories.

#2 N.Y. approves marriage

New York Couples

New Yorkers celebrated same-sex marriage during June Pride. (Blade photo by Michael Key)

The Empire State became the sixth and most populous state in the country to legalize same-sex marriage in June when the legislature passed and Gov. Andrew Cuomo (D) signed into law a bill legalizing marriage rights for gay couples.

Upon passage of the legislation, Cuomo said New York has “finally torn down the barrier that has prevented same-sex couples from exercising the freedom to marry and from receiving the fundamental protections that so many couples and families take for granted.”

The achievement marks the first time that a Republican-controlled legislative chamber — in this case, the New York State Senate — passed legislation in this country legalizing same-sex marriage.

The law went into effect in the state on July 24. Kitty Lambert and Cheryle Rudd, a lesbian couple from Buffalo, N.Y., wed in Niagara Falls at midnight and became the first couple in the state to benefit from the law.

 

 

#3 Rep. Barney Frank retires

Barney Frank

Rep. Barney Frank announced in November that he wouldn’t seek a 17th term in the House. (Blade photo by Michael Key)

The longest-serving openly gay member of Congress announced in November that he wouldn’t seek a 17th term in the U.S. House.

Rep. Barney Frank (D-Mass.), 71, was first elected to Congress in 1980. The lawmaker made his sexual orientation known in 1987 — becoming the second to do so after Rep. Gerry Studds (D-Mass.).

Frank said redistricting in Massachusetts and his desire to retire before reaching age 75 prompted his decision not to run.

“I have enjoyed — indeed been enormously honored — by the chance to represent others in Congress and the State Legislature, but there are other things I hope to do before my career ends,” Frank said.

The lawmaker is credited with helping shepherd through the passage of hate crimes protections legislation and “Don’t Ask, Don’t Tell” repeal in the 111th Congress. But Frank was criticized by transgender activists in 2007 for dropping gender identity protections from the Employment Non-Discrimination Act. The gay-only bill ultimately died in the Senate.

His most enduring legacy will likely be the passage of Wall Street reform legislation commonly known as Dodd-Frank, which he pushed through as chair of the House Financial Services Committee.

#4 Obama won’t defend DOMA; Boehner hires counsel

John Boehner

House Speaker John Boehner announced that he would hire counsel to defend DOMA in court after the Obama administration said it would no longer do so. (Washington Blade file photo by Michael Key)

The Obama administration made a significant reversal in policy in February when it announced it would no longer defend the Defense of Marriage Act in court.

In a Feb. 22 letter, the U.S. Attorney General Eric Holder notified Congress that laws related to sexual orientation, such as DOMA, which prohibits federal recognition of same-sex marriage, should be subjected to heightened scrutiny.

“The president has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional,” Holder said.

Obama’s decision riled House Speaker John Boehner (R-Ohio), who accused the president of abandoning his constitutional duties. In March, Boehner convened the Bipartisan Legal Advisory Group, which on a 3-2 party-line basis voted to defend the law in court in the administration’s stead.

To assist the House general counsel in defending the law, Boehner hired private attorney Paul Clement, a U.S. solicitor general under former President George W. Bush. The cost of the private attorney was initially announced at a blended rate of $520 an hour and total cost cap of $150,000, but Boehner later bumped up the cost cap to $1.5 million.

#5 Giffords shot; gay intern hailed as hero

Daniel Hernandez

Gay intern Daniel Hernandez was credited with helping to save the life of Rep. Gabrielle Giffords after she was shot. (Blade photo by Michael Key)

The nation recoiled in horror in January after pro-LGBT Rep. Gabrielle Giffords (D-Ariz.) became one of 20 people shot people by a gunman during a town hall event in her district.

Daniel Hernandez Jr., a gay 20-year-old who had worked as an intern for Giffords for just five days at the time of the shooting, was credited with providing the first aid that saved her life.

“The attitude that I had,” Hernandez said, “was trying to make sure that those who had been injured were going to be OK, so to try to provide whatever first aid I could until someone else could come in and take over.”

Medics arrived on the scene to take Giffords and others to the University Medical Center in Arizona. Giffords slowly recovered and made her first appearance on the House floor in August to vote in favor of the agreement to raise the debt ceiling limit.

At a memorial service, President Obama called Hernandez a “hero” during his eulogy. The White House invited Hernandez — along with his father, Danny Hernandez Sr., — to sit alongside first lady Michelle Obama during the State of the Union address in January.

#6. Clinton, Obama endorse int’l LGBT rights

Hillary Clinton

Hillary Clinton delivered a sweeping pro-LGBT speech in December calling for other nations to respect gay rights as human rights. (Washington Blade file photo by Michael Key)

Secretary of State Hillary Clinton in December gave a high-profile speech in Geneva, Switzerland in which she spoke out against human rights abuses committed against LGBT people overseas.

During the speech, Clinton reiterated her previously held belief that human rights are gay rights and gay rights are human rights and said LGBT people overseas “have an ally in the United States of America.”

“It is a violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave,” Clinton said.

Clinton gave the speech on Dec. 6 in observance of Human Rights Day, which recognizes the adoption of the Universal Declaration of Human Rights on Dec. 10, 1948 by the U.N. General Assembly. More than 1,000 diplomats and experts were in attendance.

On the same day, President Obama issued a memorandum to government agencies urging them to step up efforts against anti-LGBT human rights abuses abroad. Among other things, the memo calls on agencies to work against the criminalization of homosexual acts overseas and directs the State Department to lead a “standing group” to respond swiftly to serious incidents threatening LGBT human rights abroad.

#7 Jamey Rodemeyer commits suicide

Year In Review: 2011

A 14-year-old from Williamsville, N.Y. took his own life in September after his parents said he was subjected to bullying in school over his sexual orientation.

Jamey Rodemeyer, who attended Williamsville North High School, took his life in an apparent hanging. Prior to his death, he sent his last message in the form of a tweet to Lady Gaga, which read, “Bye Mother Monster. Thank you for all you have done. Paws up forever.”

Rodemeyer made a video for the “It Gets Better” project, a website dedicated to preventing teen suicide, in which he identified as bisexual and described the harassment he endured from other students.

“I just want to tell you that it does get better [be]cause when I came out for being bi I got so much support from my friends and it made me feel so secure,” Rodemeyer says in the video.

Rodemeyer’s death inspired outrage across the nation. Lady Gaga told her fans via Twitter she spent the days after his suicide “reflecting, crying and yelling.” She later met with President Obama over the issue of bullying.

#8 GOP hopefuls tout anti-gay views

Rick Santorum

Former Sen. Rick Santorum said he would resinstate ‘Don’t Ask, Don’t Tell’ if elected president. (Blade photo by Michael Key)

Presidential election season officially kicked off this year as Republican candidates seeking to oust President Obama from the White House touted their anti-gay views.

Former U.S. Sen. Rick Santorum likely took the prize for emphasizing anti-gay positions most often in his campaign. In addition to pledging to reinstate “Don’t Ask, Don’t Tell,” Santorum said, “our country will fail” as a result of same-sex marriage. He also raised eyebrows in August when he said same-sex marriage is like “saying this glass of water is a glass of beer.”

Activists with Truth Wins Out revealed the therapy clinic that Rep. Michele Bachmann (R-Minn.) co-owns with her husband, Marcus Bachmann, engages in widely discredited “ex-gay” conversion therapy aimed at turning gay people straight. The candidate has refused to answer questions about the clinic.

A total of five contenders — former Massachusetts Gov. Mitt Romney, former House Speaker Newt Gingrich, Santorum, Texas Gov. Rick Perry and Bachmann — each penned their name to an anti-gay pledge from the National Organization for Marriage. Signing the document commits them to backing a U.S. constitutional amendment against same-sex marriage and to defending the Defense of Marriage of Act in court.

#9 Prop 8 fight continues in California

Litigation seeking to overturn Proposition 8 progressed through the courts this year amid questions over whether proponents have standing to defend the law and whether the sexual orientation of the judge who ruled against the marriage ban should have disqualified him.

In the case of Perry v. Brown, the U.S. Ninth Circuit Court of Appeals in January sent the question of whether Prop 8 proponents had standing to defend the amendment in court to the California Supreme Court. The question emerged after state officials declined to litigate on behalf of the same-sex marriage ban.

In November, the California high court issued a unanimous decision that Protect Marriage and other groups who worked to pass the anti-gay initiative in 2008 indeed could continue the case.

Another challenge to U.S. District Judge Vaughn Walker’s decision emerged in April after the retired magistrate told reporters he’s gay and has been living with a same-sex partner for 10 years. Proponents of Prop 8 said Walker should have recused himself from the case.

But in June, U.S. District Judge James Ware ruled that Walker’s sexual orientation wasn’t a factor in the judge’s decision to rule against Prop 8 and upheld the previous decision. The anti-gay activists appealed the ruling to the Ninth Circuit.

The Ninth Circuit heard oral arguments on whether Walker’s sexual orientation should have disqualified him as well as whether the tapes of the trial should be made public. The appellate court has yet to make a decision on any of these issues.

#10 Solmonese steps down from HRC

Joe Solmonese

HRC President Joe Solmonese announced in August that he would step down after six years at the helm of the nation’s leading LGBT advocacy group. (Washington Blade file photo by Michael Key)

The head of the Human Rights Campaign announced in August that after six years he would be stepping down as president of the nation’s largest LGBT organization.

The co-chairs of the board of directors of HRC and its sister organization, the HRC Foundation, said Joe Solmonese will remain as head of both organizations until the completion of his contract in March to ensure a smooth leadership transition.

Solmonese oversaw the defeat of the Federal Marriage Amendment in 2006 as well as passage of hate crimes protections legislation and repeal of “Don’t Ask, Don’t Tell.” But he alienated many transgender activists in 2007 when he declined to oppose a decision by House Democratic leaders to remove protections for transgender people from the Employment Non-Discrimination Act.

The search committee seeking Solmonese’s replacement is being co-chaired by board members Joni Madison of North Carolina and Dana Perlman of Los Angeles. The replacement has yet to be announced.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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