Former New York City Mayor Edward I. Koch, who has been credited with rescuing his city from near financial ruin while also being condemned by gay and AIDS activists for failing to adequately address the AIDS epidemic, died on Friday of congestive heart failure at a New York hospital. He was 88.
Known for his bluntness and New York style “chutzpah,” Koch served three terms as mayor, from 1978 to 1989, winning re-election by overwhelming margins while brushing off and later denying repeated rumors that he was a closeted gay man.
Before becoming mayor, Koch, a Democrat, served as a member of the U.S. House of Representatives from 1968 to 1977, representing a district that included Manhattan’s Greenwich Village. In 1975, he and then U.S. Rep. Bella Abzug (D-N.Y.) co-introduced a sweeping gay rights bill, the first such bill to be introduced in Congress.
The bill called for banning discrimination based on sexual orientation in the areas of employment, housing and public accommodations. Like the less ambitious Employment Non-Discrimination Act, or ENDA, introduced years later that covers only LGBT-related employment discrimination, the Abzug-Koch bill died in committee.
Shortly after taking office as mayor, Koch issued an executive order prohibiting job related discrimination in city government agencies based on sexual orientation.
Although he remained a gay rights supporter throughout his three terms as mayor, Koch alienated a large part of the LGBT community by what gay and AIDS activists have said was a failure to take adequate steps to address AIDS as it wreaked havoc on gay men and others in New York in the early 1980s.
New York gay journalist, TV commentator and LGBT rights advocate Andy Humm said many gays believe Koch’s status as a closeted gay man made him uncomfortable dealing with a disease that at first appeared to be impacting gay men more than any other group.
“It happens that I’m heterosexual, but I don’t care,” Koch said in a 1989 radio interview. “I happen to believe there is nothing wrong with homosexuality. It’s whatever God made you…I do care about protecting the rights of 10 percent of our population who are homosexual and who don’t have the ability to protect their rights,” he said.
“He was probably one of the most famous closet cases of all times,” Humm told the Blade.
Humm and others familiar with Koch’s record as mayor have said most LGBT activists in New York were far more concerned about Koch’s response to the early AIDS epidemic than they were about his sexual orientation.
New York gay rights attorney Bill Dobbs said that Koch’s sluggish response to AIDS prompted many in the gay community, who supported Koch on other issues, into becoming more strident and even radicalized on AIDS matters.
“In a strange way there was a silver lining that came from his lack of response,” Dobbs told the Blade. “His poor response on AIDS triggered greater activism and the creation of ACT UP.”
Among those responding were gay author and playwright Larry Kramer, one of the founders of ACT UP, the direct action AIDS group that engaged in sit-ins and protests across the country, including in New York.
In his now internationally acclaimed play about AIDS, “The Normal Heart,” Kramer’s characters refer to what they claim was the unresponsiveness of the Koch administration in the early 1980s as they struggled to create a community organization to help gay men dying of AIDS.
The Gay Men’s Health Crisis, the organization that Kramer also helped to found in real life and in which his play depicts on stage, became the first of many community-based AIDS service groups to spring up across the country.
In an email exchange on Friday, the Blade asked Kramer if he thought Koch supporters had some merit in saying that Koch faced budget and funding constraints and did what he could in the early days of the epidemic to provide some city resources to address AIDS.
“Bullshit,” replied Kramer. “Evil deeds are evil deeds.”
D.C. gay activist Peter Rosenstein, who lived in New York and worked in politics at the time Koch first won election as mayor, said he supported Abzug over Koch in the hotly contested 1977 Democratic mayoral primary. In the run-off between Koch and Mario Cuomo, who later became New York’s governor, Rosenstein said he backed Cuomo.
“Ed Koch was an enigma,” said Rosenstein. “He was an egomaniac, brash and a bully. He did some good things but was horrendous when it came to dealing with HIV/AIDS.”
Many New York political observers, however, say Koch’s overall record as mayor is considered positive for the city and most of its residents. They note that his transformation from a liberal reform politician in the 1960s and 1970s into a moderate and, on some issues, a conservative Democrat when he ran for mayor alienated many liberals, who accused him of betraying the progressive cause. When he ran for his third term as mayor, he won the nomination of both the Democratic and Republican Party in New York.
“By the usual standards measuring a former mayor’s legacy – the city he inherited, the challenges he faced, the resources available to meet those challenges and the extent to which his work endured beyond his term – historians and political experts generally give Mr. Koch mixed-to-good reviews,” the New York Times said in its obituary on Koch.
“Most important, he is credited with leading the city government back from near bankruptcy in the 1970s to prosperity in the 1980s,” the Times obituary says. “He also began one of the city’s most ambitious housing programs, which continued after he left office and eventually built or rehabilitated more than 200,000 housing units, revitalizing once-forlorn neighborhoods.”
Two anti-LGBTQ bills die in Va. Senate
Democrats maintain 21-19 majority in chamber
Two anti-LGBTQ bills died in the Virginia Senate on Thursday.
A Senate Education subcommittee voted against state Sen. Travis Hackworth (R-Tazewell County)’s Senate Bill 20, which would have eliminated the requirement that school districts must implement the Virginia Department of Education’s transgender and non-binary student guidelines.
The Senate General Laws and Technology Committee in an 8-7 vote tabled state Sen. Mark Peake (R-Lynchburg)’s Senate Bill 177, a religious freedom measure that critics contend would have allowed anti-LGBTQ discrimination in housing.
Virginia’s statewide nondiscrimination law includes sexual orientation and gender identity. Peake’s bill would have removed “the provision of the exemption for religious organizations under the Virginia Fair Housing Law that denies such exemption where the membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability.”
The General Assembly’s 2022 legislative session began on Jan. 12 with Republicans in control of the House of Delegates. Republican Gov. Glenn Youngkin took office three days later.
Democrats, who maintain a 21-19 majority in the state Senate, have vowed to block any anti-LGBTQ bill.
Department of Education investigating BYU LGBTQ+ discipline policy
“They’ve wronged marginalized communities at BYU and they need to be held accountable for it” ~ former gay student at BYU
PROVO, Ut. – The U.S. Department of Education has opened an investigation into policies at Brigham Young University (BYU) that discipline LGBTQ students, aiming to determine whether or not the private religious school, owned by the Church of Jesus Christ of Latter-day Saints (LDS), is violating their civil rights.
The Education Department is investigating a complaint that came after BYU removed rules banning “homosexual activity” from its honor code in 2020, only to clarify weeks later that same-sex partnerships were still prohibited.
The probe, which opened in October of last year, will focus on Title IX, a law prohibiting universities from discriminating against students and others based on gender.
Last year, President Joe Biden signed an executive order mandating every federal agency, including the Education Department, clarify that civil rights laws protect LGBTQ people from discrimination. However, religious schools have Title IX exemptions, making federal scrutiny rare.
“It’s really significant that investigators are stepping in now,” Michael Austin, a BYU alumnus and vice president at the University of Evansville, told the Salt Lake Tribune. “It means there’s some reason to think the university has gone beyond the religious exemptions it has and is discriminating even beyond those.”
The investigation, headed by the Office of Civil Rights within the department, seems to be about whether faith-based exemptions apply even if the behavior is not directly related to education or expressly written in the honor code. BYU also bans alcohol, beards and piercings, among other things.
BYU did not respond to the Blade’s request for comment. But a spokesperson told the Associated Press that the school does not anticipate any further action because “BYU is exempt from application of Title IX rules that conflict with the religious tenets” of the LDS.
Though the LDS has softened some of its rules around LGBTQ issues, the church remains opposed to same-sex marriage and sex outside of marriage.
In a November 2021 letter to the Education Department, Kevin Worthen, president of BYU, argued that religious exemptions do apply to the school. The letter adds that all BYU students, faculty, administrators and staff “‘voluntarily commit to conduct their lives in accordance with the principles of the gospel of Jesus Christ.’”
The Department of Education responded to the letter, affirming that the university has some religious exemptions, but the department had to investigate if the complaint falls under those exemptions.
An Education Department spokesperson confirmed the investigation to the Blade but declined further comment.
Queer students at BYU celebrated the school’s removal of the anti-LGBTQ language in the honor code. Yet, the university announced weeks later that there was “some miscommunication” as to what the changes meant, clarifying that “the principles of the Honor Code remain the same.”
Bradley Talbot, a former gay student at BYU, was on campus during the apparent reversal, saying it “instilled a lot of fear and a lot of students.”
“There are still a lot of feelings of betrayal and apprehension around it,” he told the Blade.
At BYU, students who hold hands or kiss someone of the same sex can face punishment, including expulsion. LGBTQ+ students face harsher discipline than heterosexual couples at the school.
Talbot said he knew of “quite a few people” who lost their degrees and were kicked out during his time at BYU because of the gay dating ban. “People were turned in by roommates. Some people were turned in by their own parents,” he added.
The university’s clarification frustrated LGBTQ students, according to Talbot. In response, he organized a demonstration in March of 2021, lighting the “Y” that sits above BYU’s campus – one of the school’s oldest traditions – in rainbow Pride colors on the one year anniversary of the university’s letter sent to students that clarified the LGBTQ dating policy.
“We did it to reclaim that traumatic day and spin in a positive light of support, love and unity to create more visibility and awareness,” said Talbot. “And also to take a stand that we weren’t going to put up with just being tossed around by BYU. We deserve to be a part of the BYU community and a part of the LGBTQ community.”
The school has since updated its policies, banning protests and other demonstrations on Y Mountain, where Talbot staged his demonstration, in December of last year.
“Demonstrations should be consistent with BYU’s faith-based mission, intellectual environment and requirements described in the policy,” a statement added.
Still, Talbot, who is now graduated, has hope that the Education Department’s investigation will “finally change” things at BYU. “This has been something that’s been going on for decades,” he said. “They’ve wronged marginalized communities at BYU and they need to be held accountable for it.”
LGBTQ advocates fight on for trans athletes, but they may be losing the battle
Transgender women competing in women’s sports remains unpopular in polls
In the wake of the NCAA changing its policies regarding transgender athletes and state legislatures advancing new legislation against trans inclusion in school sports, LGBTQ advocates continue the fight to ensure athletes can compete consistent with their gender identity, although they may be losing the battle.
As public polling has demonstrated, transgender athletes competing in sports — especially trans women in women’s sports — remains unpopular even among pro-transgender people. Key figures have emerged in recent days opposing transgender inclusion amid the focus on Lia Thomas, a recently transitioned swimmer at the University of Pennsylvania who has been smashing records in women’s aquatics.
Nonetheless, LGBTQ advocates charged with fighting for transgender rights are continuing the efforts. After a coalition of LGBTQ advocates sent a letter to the NCAA urging the organization to include a non-discrimination provision in its updated constitution, the Human Rights Campaign condemned the organization for refusing to keep the language, which appears to have the effect of allowing the sports division to decline to allow transgender athletes to compete consistent with their gender identity, and sent an action alert to supporters.
Joni Madison, interim president of the Human Rights Campaign, said in a statement the NCAA “needs to show us their playbook for protecting LGBTQ+ and specifically transgender athletes from discrimination” as state legislatures advance legislation against transgender kids in sports.
“The NCAA has so far proven to be an unreliable ally to LGBTQ+ athletes across the country who depend upon the organization to protect them from discrimination and now they owe these athletes answers,” Madison said.
Instead of reaffirming non-discrimination protections, the NCAA announced a change in policy that goes in different directions but appears aimed at limiting participation of transgender women without taking full responsibility for it. On one hand, the NCAA delegates to the bodies governing individual sports the policies for transgender participation, but on the other hand requires transgender women to document having limited testosterone levels over a certain period of time.
The fight now continues in state legislatures as sports bills are among the latest crop of measures seeking to limit access for transgender people. After South Dakota Gov. Kristi Noem made a push for legislation against transgender kids in sports at the start of the year, the state legislature responded by advancing such a measure. On Wednesday, a South Dakota House committee favorably reported out legislation already approved by wide margins in the Senate that would make biological sex the standard for sports in an attempt to limit transgender participation.
Sam Ames, director of advocacy and government affairs at The Trevor Project, said in a statement upon the committee vote the legislation “has nothing to do with fairness — and everything to do with South Dakota politicians using transgender youth as pawns on a political chessboard.
“Proponents of this blanket ban are hard-pressed to find examples of transgender students making South Dakota sports less fair or safe,” Ames said. “Research from The Trevor Project makes clear that many already opt out of sports due to fear of bullying and discrimination.”
Although the issue of transgender women in sports has emerged in recent years as conservative activists found a way to challenge LGBTQ rights in a way that was palatable to the public, the fervor peaked as Thomas made headlines for breaking records in the pool.
After having previously competed in men’s aquatics, Thomas — after she transitioned — began competing in women’s events and was beating her competitors by wide margins. In one event in December, Thomas came in first in the 1,650-yard freestyle and 38 seconds ahead of her closest competitor. The NCAA rules would appear to have the effect of barring Thomas from further competition.
Public polling, which has shown strong support for LGBTQ rights in general, continues to show the sentiment is against transgender women competing in sports, although the outcome of the poll can change considerably depending on the wording of the question. One Gallup poll last year found only 34 percent of those surveyed supported transgender athletes participating on teams consistent with their gender identity, while 62 percent said transgender people should have to compete with other athletes of their gender designated at birth.
One LGBTQ strategist, who agreed to speak on condition of anonymity, said the time may have come for LGBTQ advocates to admit a fait accompli if they want to seek broader civil rights protections in employment, housing and public accommodations with the Equality Act or other federal legislation.
“Advocates should just admit this is a very different issue than a trans person applying for a job or finding an apartment,” the strategist said. “Equality principles differ by situation — that’s why we have separate men’s and women’s sports in the first place. The same public opinion overwhelmingly supportive of the Equality Act is also clearly skeptical of a one size fits all federalization of all sports everywhere.”
Adding fuel to the fire are recent comments from key figures in athletics.
Caitlyn Jenner, who before she transitioned was an Olympic champion in the 1970s, has been among the more prominent voices to speak out against transgender women in sports and said on a recent appearance on Fox News it represents “a woke world gone wild.”
Jenner, who came out against transgender participation in sports during her unsuccessful gubernatorial campaign last year in the California recall election, said the NCAA “just kicked the can down the road” on the transgender sports issue and had choice words for Thomas.
“When you do transition and you do go through this, you have to take responsibility and you have to have integrity,” Jenner said. “I don’t know why she’s doing this.”
Michael Phelps, the decorated Olympic swimmer, also declined to support transgender athletes fully when asked about the issue during an interview on CNN, bringing up doping in sports in comparison.
“I don’t know what it looks like in the future,” Phelps said. “It’s hard. It’s very complicated and this is my sport, this has been my sport my whole entire career, and honestly the one thing I would love is everybody being able to compete on an even playing field.”
To be sure, advocates for allowing transgender people to compete in sports consistent with their gender identity also have their supporters in the sports world, including tennis legend Billie Jean King. On Monday, Dorian Rhea Debussy, who’s non-binary and one of 54 facilitators in the NCAA Division III LGBTQ OneTeam program, resigned in protest over recent NCAA actions.
“I’m deeply troubled by what appears to be a devolving level of active, effective, committed, and equitable support for gender diverse student-athletes within the NCAA’s leadership,” Debussy said. “As a non-binary, trans-feminine person, I can no longer, in good conscience, maintain my affiliation with the NCAA.”
Arguably, schools complying with the new NCAA policy and states enacting anti-transgender laws would be violating Title IX of the Education Amendment of 1972, which prohibits discrimination on the basis of sex in education, especially after the U.S. Supreme Court’s ruling in Bostock v. Clayton County finding anti-transgender discrimination is a form of sex discrimination.
One federal court last year blocked a West Virginia state law against transgender participation in sports on that legal basis. No litigation, however, appears to be in the works at this time challenging colleges or the NCAA policy.
Va. Senate subcommittee tables anti-transgender student athlete bill
Two anti-LGBTQ bills die in Va. Senate
State Department reiterates concerns over Chechnya human rights record
At 15, restored ‘Shortbus’ is still a movie ahead of its time
DeSantis doesn’t want racism, LGBTQ topics taught in schools
Florida House committee passes “Don’t Say Gay” bill
Hyattsville mayor dies by suicide
Gus Kenworthy skis for Great Britain at 2022 Beijing Winter Olympics
SAG Award slate points to a not-very-queer Oscar night
California mom claims school manipulated child into changing gender identity
Sign Up for Blade eBlasts
Florida3 days ago
Florida House committee passes “Don’t Say Gay” bill
Maryland1 day ago
Hyattsville mayor dies by suicide
Opinions6 days ago
Why are gays so terrible at intergenerational friendships?
Local6 days ago
Va. senator introduces anti-transgender student athlete bill
World7 days ago
Two LGBTQ people named to Chilean president-elect’s Cabinet
Sports5 days ago
Gus Kenworthy skis for Great Britain at 2022 Beijing Winter Olympics
Local6 days ago
Comings & Goings
Theater6 days ago
In ‘Trans Am,’ a trans person telling a trans story