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Newsom: Supreme Court defeat would trigger new ballot measure

Calif.’s lieutenant guv speaks out on Prop 8, Barney Frank and more

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Calif. Lt. Gov. Gavin Newsom by Michael Key Washington Blade
Calif. Lt. Gov. Gavin Newsom by Michael Key Washington Blade

On the same day the Supreme Court hard oral arguments in a case challenging his state’s gay marriage ban, California Lt. Gov. Gavin Newsom spoke at length about Prop 8, Barney Frank and more in an interview. (Washington Blade photo by Michael Key)

California Lt. Gov. and former San Francisco Mayor Gavin Newsom says a decision by the U.S. Supreme Court to uphold Proposition 8’s ban on same-sex marriage would prompt the California Legislature to place a pro-marriage equality referendum on the ballot in 2014.

In an exclusive interview with the Washington Blade on Tuesday, after attending the Supreme Court’s oral arguments on the Prop 8 case, Newsom said he is confident the court will strike down Prop 8. He said he’s hopeful but less confident that the high court will issue a broader decision legalizing same-sex marriage in all 50 states.

But Newsom predicted that a “worst case scenario” ruling upholding Prop 8 would trigger an immediate backlash in the LGBT community in California and among the state’s pro-marriage equality lawmakers. This would lead to placing a Prop 8 repeal measure on the ballot, most likely in the 2014 election cycle, he said.

“I don’t know if I want to use the word shock because that’s a little hyperbolic,” he said in describing the reaction to a decision leaving Prop 8 in place. “But that backlash would immediately precipitate a ballot measure that most likely in this case…the legislature would put that on the ballot,” he said.

“It would require two-thirds of the legislature. There is two-thirds of the legislature now that supports marriage equality,” he said.

“So you wouldn’t even have to get the signatures,” Newsom added. “And I think that would immediately happen. And we would put on a campaign to end all campaigns. And we would win quite handily in 2014.”

Newsom told the Blade he has no regrets over his highly controversial decision in 2004 to use his authority as San Francisco mayor to direct the city to begin issuing marriage licenses to same-sex couples before any court or state governmental body gave the go-ahead for such marriages.

In February 2004 Newsom himself performed the first of the city-authorized same-sex nuptials in a City Hall ceremony that drew national and international press coverage. The couple joined in marriage in that ceremony was longtime lesbian activists Phyllis Lion and Del Martin, who were in their 80s.

“[T]hat one couple, Phyllis Lyon and Del Martin, became 4,036 additional couples from 46 states,” Newsom said, noting that other same-sex couples came to San Francisco from eight countries to get married.

“And it wasn’t just the couples,” he said. “What was so profound about that in February 2004 were the mothers and fathers and the brothers and sisters and the grandparents and grandkids that all assembled there – tens of thousands of people celebrating life, celebrating love, celebrating marriage.”

Less than a year later, however, gay marriage opponents succeeded in obtaining a court ruling barring Newsom and San Francisco authorities from performing same-sex marriages. The ruling also declared all of the same-sex marriages performed by the city as invalid.

Critics of Newsom’s decision to authorize the marriages, including then-U.S. Rep. Barney Frank (D-Mass.), who’s gay, blamed Newsom for playing into the hands of anti-gay groups seeking to ban same-sex marriage through state constitutional amendments.

Close to a dozen such amendments passed through ballot measures that year, and some political pundits said the ballot measures helped Republican George W. Bush win the 2004 presidential election by drawing conservative voters to the polls in larger than usual numbers.

Newsom and LGBT activists who supported his decision to authorize the San Francisco marriages say the action boosted efforts to challenge California’s ban on same-sex marriage in the state courts. In early 2008, the California Supreme Court ruled that same-sex couples have a right to marry under the state’s constitution, opening the way for same-sex couples to marry throughout the state.

But voters overturned the court’s decision in November 2008 when they approved Proposition 8. Subsequent court challenges to Prop 8 resulted in it coming before the U.S. Supreme Court in Tuesday’s oral arguments.

Newsom said he was troubled by the criticism he received, especially criticism form Frank, who he says he deeply respects as an LGBT rights advocate.

“So I respectfully disagree with him,” Newsom told the Blade. “And I think there’s thousands and thousands of people who came to San Francisco who would respectfully disagree with him.”

According to Newsom, his and his city’s decision to permit same-sex marriages led to marriage equality advances in subsequent years.

“I think it required shaking things up a little bit because I think just waiting around for the courts…we could take 30 years, 40 years,” he said. “And I think in many ways what we did certainly inspired the California Supreme Court.”

 

Following is a transcript of Lt. Governor Gavin Newsom’s interview with the Washington Blade:

Washington Blade: What were your thoughts on how the arguments went on Tuesday as you observed them in the Supreme Court chambers?

Gavin Newsom:  It’s a humbling experience any time you listen to oral arguments at the Supreme Court because in most every instance history is being made. And to see this arc over the last nine, 10 years and to see the progress that’s been made, public opinion shifting and knowing what’s at stake for California and Californians but also for the country in its prospects on marriage equality, it was a pretty wonderful experience.

 

Blade: Did you have a sense of which direction the justices may go?

Newsom: We all come in with our preconceived biases. I’ve long felt that the narrow decision was most likely, although I confess that I got caught up in the spirit of the times in the last two months, hoping perhaps the issue and the arguments persuade a broader, national conversation.

That clearly didn’t happen in the courtroom at least. It certainly happened in the briefs, but not in the courtroom in terms of the oral arguments. So I left with that as a caveat of disappointment but realizing an hour or so later, reflecting on it, that it went as well as I could ever have hoped a few months ago.

And I feel stronger now that the likelihood of Prop 8 being struck down has grounded itself in the oral arguments either on standing, which everyone seemed to be coveting. It was interesting, the focus on that, or on the limited, narrow question of the Ninth Circuit.

 

Blade: Are you sensing the court may rule on the narrow issue of allowing same-sex marriages in California but not in other states?

Newsom: Yeah, I think it’s more likely than not. I want to be surprised and I desperately want to be wrong because I think this is a fundamental civil right. It’s a constitutional right. And it should be afforded every American, not just Californians. And so I really do hope I’m wrong. But based on the passing reference, ironically, from [Justice Antonin] Scalia – the notion of 50 states being impacted by this decision – I walked away feeling that’s less likely. Again, I hope I’m wrong.

 

Blade: Are you basing that also on what some of the more liberal and progressive justices were saying?

Newsom: Yeah. Even [Justice Sonia] Sotomayor’s own comments – I was sort of struck by that. I hope people were playing devil’s advocate, and that’s often the case with this court. So perhaps that was a reflection of that point of view or at least that kind of Socratic engagement with the attorneys.

But you know, this idea that you can let states decide the rights of a minority is preposterous to me. I mean, it just flies in the face of our history. If you submit the rights of a minority to the whims of the majority you’ll get what we’ve historically gotten. And that’s oppression of the minority rights. And I just don’t accept it.

 

Blade: You have been involved with this from the outset or at least since 2004. Could you say a little about what you were thinking when you shook up a lot of people by having San Francisco perform same-sex marriages at that time before any court declared they were legal? Weren’t you the first to perform one of those marriages for a lesbian couple at City Hall?

Newsom: I guess I was, certainly from an elective office. So there’s no doubt about that. You know, it’s interesting. We wanted to put a human face on it, period. And you know what? Frankly, that was the one thing – if there was anything that sat with me [on Tuesday] it was how little we talked about the human element here at the [U.S. Supreme] court. And I understand that. My father is a judge. This is a courtroom. There are legal briefs. But with the exception of [Justice Anthony] Kennedy, who brought up children into the courtroom, which I thought was significant and telling. I thought it was an important take away in terms of where Kennedy may be.

You know, what we did in 2004 was I didn’t want to listen to President Bush out there on the campaign trail supporting a constitutional amendment banning same-sex marriage…

But that one couple, Phyllis Lyon and Del Martin, became 4,036 additional couples from 46 states. It was truly nationalized. It was not a local issue in San Francisco – 46 states and eight countries – and it wasn’t just the couples. What was so profound about that in February 2004 were the mothers and fathers and the brothers and sisters and grandparents and grandkids that all assembled there — tens of thousands of people celebrating life, celebrating love, celebrating marriage.

And it deepened my connection to not only the issue but to the community and my passion for equal rights. And I was struck by how many of my fellow Democrats ran, didn’t walk, from the issue in 2004, 5, 6, 7, 8. And only until recently have we seen a cascade of leadership which is fabulous, from [New York Governor Andrew] Cuomo and [Maryland Governor Martin] O’Malley to the president himself and others elected who are showing courage now. And I’m humbled by that now. But I’m frustrated a bit that it took even this long because we were having a lot of private conversations, and they weren’t disclosing publicly. There’s nothing worse than politicians saying one thing privately and doing another thing publicly.

 

Blade: Are you saying they were saying they supported marriage equality privately but not publicly?

Newsom: Yeah – in most cases. And they were just worried about their political career. I get that. But you know what? I like the politicians that are worried about the people they claim to represent more than they do their own political future. That’s sort of my argument on this assault weapons discussion right now. It kind of gets me a little angry – that people are worried more about their own elections than the faces of those kids in Newtown.

 

Blade: Then Congressman Barney Frank was among those that said your decision to perform same-sex marriages as mayor of San Francisco led to the passage of the state ballot measures banning same-sex marriage and raised the threat of a constitutional amendment to ban gay marriage passing in Congress.

Newsom: You know, I’m not going to – he’s gone out of his way to say that over and over again. And I’ll continue to go out of my way to celebrate his leadership in terms of LGBT rights. I don’t even belong in the same room as he in terms of what he’s done for the community. So I respectfully disagree with him. And I think a lot of people do. And I think there’s thousands and thousands of couples who came to San Francisco who would respectfully disagree with him.

And I think it required shaking things up a little bit because I think just waiting around for the courts – one off here, one off here – we could take 30 years, 40 years. And I think in many ways what we did certainly inspired the California Supreme Court [to declare same-sex marriages legal]. So I would hope that Congressman Frank sees that. But he’s long expressed his condemnation of what I did and continues to do so for whatever reason.

 

Blade: On the other hand, Evan Wolfson, head of the same-sex marriage advocacy group Freedom to Marry, has said pushing for marriage equality, even if it leads to setbacks, changes the hearts and minds of the public and leads to advances in the long run.

Newsom: Yeah – and I’ve talked to – and this sounds preposterous – but I’ve had the privilege of talking to people overseas that said this had an impact on their decision-making in Europe and their leadership there when they saw the human face and they saw those images. So I’m with Evan. I’ve long admired Evan. And you’re not kidding. He was out there in the early ‘90s. So he’s one of my heroes and one of the heroes of the movement. But there are many. I just left Rob Reiner. He was a huge supporter of what we did in 2004 and, of course, sponsored so much of the good work that Ted Olsen just did and is doing and Boies and Chad Griffin. It’s just incredible. Our own city attorney, Dennis Herrera, he put together a great team — Theresa Stuart. There’s so many champions and heroes in the fight. And I respect Barney Frank, but he wasn’t in the courtroom today and a lot of folks were, and they deserved to be and I respect their advocacy.

 

Blade: Now that you’re in a statewide office as lieutenant governor, do you have a sense of what kind of repercussions there might be in California and the nation as a whole if the Supreme Court rules either for or against marriage equality?  What about the people of the eastern part of California, who seem to be so different politically than the people of San Francisco or L.A.?

Newsom: You’re not kidding. I’ll be out there tomorrow. I’ll be in the Modesto Central Valley area at 1 o’clock tomorrow. The old frame of California used to be north and south. And you just hit it on the head. It’s increasingly now coastal-inland-east-west.  The politics is radically different in the central part of the state.

I think most pundits, and they may, in hindsight, dismiss this assertion. But I’ll tell you that I can point to almost every pundit in California that said I could never get elected statewide in California because of my support of same-sex marriage. And we proved them wrong. Though candidly, I didn’t know they would be wrong. I thought it was questionable as well.

In some parts of our state they’re particularly conservative. So there will be repercussions, absolutely. But you now see – and I never read the polls in 2004 because if I did I never would have done what I did because it was partly unpopular even in San Francisco.

The polls today are two to one in favor of marriage equality in California – two to one in the recent polls. So I think the repercussions will be negligible at best.

Across the country, you know this. You write about this. You guys have been at this forever. This is not even Republican-Democrat any more. It’s generational and it’s overwhelming. You cannot deny the generational component. So these guys are holding on – the opponents – they’re just holding on. I don’t want to say this is the last gasp because I think some states will hold on for a much longer time unless the courts intervene.

But this is a tsunami, a generational tsunami that 80 percent of 30-year-olds or younger [support marriage equality]. This court – I hope they – they’re human beings. I wouldn’t want to be on the wrong side of history on this. If I’m a relatively young judge like [Chief Justice John] Roberts, why do you want to be on the wrong side of history when it comes to a civil right?

 

Blade: Will you be going to the DOMA case tomorrow?

Newsom: I wish I could. I’ve got to head back to my events in the Central Valley. But I feel confident. The good news about DOMA is it kind of hits these guys on both sides of the ideological aisle. From a federal perspective, this is federalism and states’ rights on the right. And then on the left we can make similar arguments that we made today. I feel a little more confident on DOMA, though I feel equally confident in both cases. Although, again, I think it’s going to be a narrow decision on Prop 8 and then a repeal of DOMA outright.

 

Blade: If Proposition 8 were to somehow go back to the voters are you optimistic that it wouldn’t pass and marriage equality would prevail?

Newsom: To be candid with you, the backlash would exist there. I think there would be an intense response if the [Supreme Court] overturned the Ninth Circuit [U.S. Court of Appeals in California that ruled against Prop 8]. I don’t know if I want to use the word shock because that’s a little hyperbolic. But that backlash would immediately precipitate a ballot [measure] that most likely in this case – and this is one of the interesting facts of California right now – I think the legislature would put that on the ballot. It would require two-thirds of the legislature. There is two-thirds of the legislature now that supports marriage equality. So you wouldn’t even have to get signatures. And I think that would immediately happen.

And we would put on a campaign to end all campaigns. And we would win quite handily in 2014. So eventually even in the worst case scenario we would win at the ballot box, I believe. But the impact of that, I think, would be intensely felt across the country.

And I think, frankly, if I were opposed to marriage equality I’d be more worried about that because I think the backlash would inspire, with intensity, aggressive movements to overturn not just Prop 8 in California but all across the country in those 31 constitutional restricted states, etc.

 

Blade: Marriage equality advocate Robin Tyler of L.A. told us this week that she feels Prop 8 helped the LGBT cause and marriage equality because it energized and activated the LGBT community like never before and helped bring on the recent successes in passing same-sex marriage laws in several states. Do you agree with that assessment?

Newsom: I agree with that generally. I’ll never forget. I was so intimately involved in that. My image was used against our campaign or against our efforts. And whether we like it or not, it was a painful thing. The backdrop was we were celebrating Obama’s win at the same time we were lamenting Prop 8’s victory.

And people were stunned in many ways. We saw it coming in the last two weeks of the campaign when the polls started to shift. So some of us on the inside weren’t as surprised. But I think the general consensus was one of shock. And it really did galvanize people to say, you know what? If California can legally grant same-sex marriage and in California see them take it away, my gosh, we’ve got to wake up every state and get organized with great intensity. So I think she’s right.

I think you saw a lot of great work done across the country that built up the momentum in New York and Maryland and got us where we were in Maine and Washington State and, of course, all the other legislative victories on civil unions. But you’re right, it was painful. And guys like Congressman Frank could say, ‘Look, I told you so’ after the blowback with all those state constitutional amendments. But that’s the nature of the right struggle, good days and bad days.

And now we’re leaning into history in a very positive way and I hope and like to think it’s much faster than it would have been if we just sat back passively and waited our time and got permission. Some people argue we all need permission. David Boies also needed permission to do what they did. And I’m glad they didn’t wait. I’m glad they did what they did. And I’m glad we did what we did. So good people can disagree and history will judge.

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Still marching: Rev. Troy Perry and the ongoing fight for liberation

MCC founder reflects on Pride’s beginning, ongoing power of radical representation

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Rev. Troy Perry (Photo courtesy of Founders MCC)

Long before tone-deaf Target swag and rainbow-scented hashtags lit up the very queer month of June, Rev. Troy Perry was helping the LGBTQ community create space where it did not yet exist, and he did so with little more than faith and perseverance. This Pride season, as communities around the world fight once again with rising attacks on LGBTQ rights and democratic freedoms, Perry returns to the movement he helped build for a conversation rooted not only in history but in survival. The unveiling of Steps to Liberation at Founders Metropolitan Community Church serves as an uplifting reminder that Pride is not just a parade but also serves as a commitment to continue to advocate for our community.

Joined by original rainbow flag co-creator Lynn Segerblom, Perry looks back on the legacy of the first Pride marches, the spiritual and political power of real representation, and why the rainbow flag still matters nearly fifty years after its creation. As Founders MCC transforms its front steps into a vibrant rainbow pathway, the symbolism feels especially timely — freedom is not a destination, it’s something communities continuously build together, step by step. In our interview, Perry speaks candidly on activism, faith, and his continued belief that even in difficult times, hope remains an unwavering act of resistance.

You’ve been at the forefront of LGBTQ history for decades. What does this moment, unveiling Steps to Liberation, mean for you?  You’ve often spoken about visibility as an act of courage. Why is that still not only true but also essential today?

I will be 86 years old in another month. Not in the best of health and in a wheelchair, but still a LGBTQ activist at heart. I tell my husband, Phillip De Blieck, that I never thought I would live this long. He and I will be celebrating our 41st anniversary this year.

In the early days of our struggle for our liberation, I used to cut up and tell people there’s just nothing like a good demonstration to get my heart pumping. This is what I feel as we dedicate the Steps of Liberation! Another symbol of our freedom. We’re here, we’re queer, and we’re gonna fight to our last breath, to win all the rights that the colors on the steps represent.

When you think back to organizing the first Pride march in Los Angeles, what emotions or memories visit you?

Having the guts to follow through on our vow to hold a pride parade, no matter what! We did follow through and sued the city of Los Angeles for the right to hold that parade. We won! Thank God for the ACLU. The next thing I thought was, my God, look at all the people who have come out to be in the parade, and to watch it. I was also thankful that no one was hurt that day, and the pride I had of being a part of that demonstration.

How does this new installation reflect the spirit of those early days of activism?

The steps of liberation tell all who see it that we are still here and not afraid after 56 years have passed since our first Pride parade.

The theme of IDAHOBIT 2026 is “The Heart of Democracy.” In your view, how has the LGBTQ movement played its part in influencing our country’s democracy?

I think that most of us have played by the rules and use the cards dealt to us to make a difference in our democracy here in the USA. The LGBTQ community has changed so much in 56 years. Today, members of our community are serving in every political office in our country. We have gay and bisexual city council members, lesbian governors, and trans state legislators. We have a gay man who has run for president of the United States. The heart of democracy is a right given to all of us to work to change our country so that all of us are treated the same. Nothing more, nothing less!

You’ve often spoken about visibility as an act of courage. Why is that still not only true but also essential today?

I tell groups of young LGBTQ people to be yourself. Flaunt it! Coming out of the closet is the best thing you can do. Whether you come out fast or slow, just come out. If you are going to do it, now is the time. I am so proud of young people who are using the Internet, TikTok, and YouTube to make a difference for us. Your siblings are looking for you!

What do you hope someone feels the first time they walk up the Rainbow Steps?

God, does this feel good! Why didn’t I do this a long time ago?

How has faith intersected with activism in your life?

This is my testimony. Most of my relatives would tell you that I have been deeply spiritual all my life. I have had the opportunity to live a very interesting life. I started preaching when I was 13 years old. I was licensed to preach in the Southern Baptist church at age 15. I married heterosexually at age 18. I started pastoring my first church at age 19. I am the father of two children. I am a Vietnam-era veteran. I was divorced at age 26 and founded Metropolitan Community Church at age 28. I have been slapped in the face, spat on, had some people try to murder me, and cursed by some throughout my life, all because I dare call myself a clergyman as a gay man. Has it been worth it? Absolutely. I would not change my life for anything. I try to always keep my faith intact.

In moments when progress feels uncertain or under threat, what keeps your hopes up?

I have my husband, Phillip, and friends that I can talk to. I also have a favorite scripture that keeps me going: though God slay me, I will trust in God. Job 13:15

How do you see younger folks carrying forward the legacy you helped build?

Don’t give up the fight. Organize, organize, organize!

The launch of Flag50 looks ahead to the 50th anniversary of the rainbow flag. What do you think folks should be reflecting on as that milestone approaches?

I love the Pride flag! It gives us hope that there can be a tomorrow. I love the colors and what they represent. Hopefully, we will be able to teach this in our schools one day, along with the American flag and how each of those colors is meant to give us dignity, as well as hope.

How do art and public installations like this one shape cultural change in ways that perhaps policy can’t?

Laws are important because they protect us, but art touches the heart first. A public installation like the Steps of Liberation tells our story without anyone having to say a word. A young person can walk up those steps and realize they are not alone. Families can see our colors and remember that LGBTQ people are part of every community in America. Art creates visibility, and visibility changes hearts and minds. Sometimes culture changes before politics catches up. I believe symbols matter. The rainbow flag matters. These steps matter. They remind us that liberation is not just something you read about in history books. It is something we continue to live every day.

What threats facing our LGBTQ community today concern you more than others?

I worry when people try to erase us, especially our transgender brothers and sisters and LGBTQ young people. I have lived long enough to know that fear and hatred can grow when people stop seeing each other as human beings. We cannot go backward. I also worry when people become discouraged and think their voice no longer matters. That is exactly when we must organize, vote, speak out, and stand together. We have survived attacks before, and we will survive them again, but only if we refuse to be silent. Silence has never protected our community. Courage and love have.

What does it mean to you to take that next step, and how would you advise our readers to take it?

Every generation has its own next step to take. For some, it means coming out. For others, it means speaking up when someone is being mistreated. It may mean marching, voting, creating art, serving your community, or simply learning to love yourself exactly as God made you. The important thing is not to stand still. Keep moving forward. Keep believing that change is possible. I have spent my whole life taking one step after another with people who dreamed of a better world. My advice is simple: do not wait for someone else to do the work. Take the next step yourself, and bring somebody with you.

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Politicians, activists pay tribute to Barney Frank

Former congressman died on Tuesday

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Then-U.S. Rep.Barney Frank (D-Mass.) (Washington Blade photo by Doug Hinckle)

Former U.S. Rep. Barney Frank (D-Mass.), who served in the U.S. House of Representatives from 1981 until his retirement in 2013 and who became the first member of Congress to voluntarily come out as gay in 1987, died on May 19, at the age of 86, at his home in Ogunquit, Maine.

His passing came less than a month after he announced he had entered home hospice care due to terminal congestive heart failure under the care of his husband, Jim Ready, and shortly after finishing writing a new book entitled, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”

Despite his frail health, during the last few weeks of his life, Frank agreed to do interviews with multiple news media outlets, including the Washington Blade, where he reflected on his sometimes-controversial positions on issues such as transgender rights.

He told the Blade he had been living with his husband in their shared home in Maine since the time of his retirement in 2013 and called his husband a “saint” for caring for him during his illness. In 2012, at the age of 72, Frank married Ready, becoming the first sitting member of Congress to marry someone of the same sex.   

Barney Frank (left) and Jim Ready at their wedding ceremony. (File photo courtesy of Frank’s office)

News of his passing prompted an outpouring of praise and reflection on his life as a groundbreaking out gay lawmaker by current and former members of Congress and LGBTQ rights leaders.

Massachusetts Gov. Maura Healey announced on May 20 that she had ordered the U.S. flag and the state flag to be lowered to half-staff at all state buildings in honor of Frank’s life and legacy and the recognition of his passing.

“Barney Frank was nothing short of a trailblazer,” said Kelley Robinson, president of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, in a statement. “At a time when being openly gay in public service could cost you everything, he chose visibility,” Robinson said.

Robinson and other LGBTQ advocates also pointed to Frank’s role in speaking out in Congress for stronger efforts to address the AIDS epidemic during the early years of HIV/AIDS, his push for the repeal of the “Don’t Ask, Don’t Tell” policy to initially allow gays to serve openly in the military, the enactment of marriage equality for same-sex couples, and broader anti-discrimination protections.

Frank has also been credited with helping to pass the federal Matthew Shepard and James Byrd Jr. Hate Crimes Protection Act of 2009.

In addition to his longstanding support for LGBTQ rights, political observers have said one of his most important achievements in Congress was his role, as chair of the House Financial Services Committee, in becoming co-author of what became known as the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Coming at the time of a nationwide banking crisis, the New York Times has called the Frank bill that he and then-U.S. Sen. Christopher Dodd (D-Conn.) wrote “the most significant overhaul of the nation’s financial regulations since the Great Depression.”

Frank was born and raised in Bayonne, N.J., and graduated from Bayonne High School.

He graduated from Harvard College in Massachusetts in 1962 and worked in various places, including as an assistant to then-Boston Mayor Kevin White, before winning election to the Massachusetts House of Representatives in 1972, where he served for eight years representing a Boston area district. During that time he attended and graduated from Harvard Law School and became a member of the Massachusetts bar in 1979 after passing the bar exam.   

In 1980, Frank became a candidate for the U.S. House in the Massachusetts 4th Congressional District, which he won with 52 percent of the vote in a four-candidate race, taking office in January 1981. He won re-election decisively over the next 30 years until announcing in 2012 his plans to retire and he would not run for re-election that year.  

The New York Times is among the publications that have reported this week since Frank’s passing that his record as an esteemed and admired lawmaker helped him survive a sex scandal that surfaced in 1990 linking him to male prostitute Stephen Gobie.

Media reports at the time said Frank had patronized Gobie as one of his customers and for a time had Gobie as a roommate in Frank’s D.C. residence in the Capitol Hill neighborhood. In its article this week, the New York Times says Gobie “claimed that in the mid-1980s he had run a prostitution ring out of Mr. Frank’s home.”

Like other media accounts, the Times report adds that following an investigation, “The House Ethics Committee did not substantiate that claim, but it did find that Mr. Frank had fixed 33 parking tickets for Mr. Gobie and sought to shorten his probation on drug and sex-offense convictions by writing a misleading memorandum on congressional stationery to an official involved in supervising Mr. Gobie’s probation.”

The full House voted 408-18 to reprimand Frank for misuse of his office, but it rejected calls by some to censure or expel him.

“I should have known better,” Frank said in a speech on the House floor at that time, according to the New York Times. “There was in my life a central element of dishonesty,” the Times quoted him as saying. “Three years ago, I decided concealment wouldn’t work. I wish I decided that long ago,” he said referring to his 1987 decision to come out publicly as gay.

Despite all of this, Frank was re-elected that year with 66 percent of the vote, a development that his friends and supporters attribute to his reputation as a beloved and highly regarded public figure.

PFLAG, the national advocacy group for parents and friends of LGBTQ people, is among the groups that issued statements this week reflecting on Frank’s positive impact on the LGBTQ community.

“Frank was not only the first openly gay member of Congress, but he was also co-author of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as chair of the House Financial Services Committee, which helped enshrine housing access for LGBTQ+ people,” PFLAG says in a statement.

“He was also a leading advocate on laws to combat HIV/AIDS,” the statement says, adding that PFLAG’s national office honored Frank with its Champion of Justice Award in 2018.

“Barney was candid, outspoken, quick-witted and downright funny, and he always had his eye on making progress,” said U.S. Sen. Tammy Baldwin (D-Wis.), the first openly lesbian woman elected to the U.S. Senate, in a statement. “He was willing to take on anyone who was in his way, regardless of who they were — I should know, I was one of the many who on occasion got an earful from him,” Baldwin said.

‘But I, and anyone else who spent time with him, were lucky to watch him in action and learn from him,” her statement continues. “Barney was a masterful legislator, savvy and strategic, and always thinking of the long game,” she said. “Our country is a better, more just, more equal place because of him, and he will be sorely missed.”

U.S. Sen. Tammy Baldwin (D-Wis.) with former Congressman Barney Frank (D-Mass.) in 2022. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), who serves as chair of the Congressional Equality Caucus, which represents LGBTQ members of Congress and their congressional allies, issued his own statement on behalf of the caucus pointing out that Frank was one of the two founding members of the caucus.

“I was honored that he came to campaign for me during my run for Congress just a few years after he co-founded the Congressional Equality Caucus, which I now have the distinct honor of leading,” Takano said.

He was referring to Frank and then-Congresswoman Tammy Baldwin’s action in 2008 to found the House LGBT Equality Caucus as the only two openly gay members of Congress, which evolved into the Congressional Equality Caucus.

“Barney proved that what mattered most was the work you did for others,” Takano says in his statement. “I truly believe that we are closer to a more equal world because of Barney Frank,” he said, adding, “Congressman Frank’s legacy touches every part of our fight for LGBTQI+ equality: from his work advocating for HIV and AIDS research to helping pass major pro-equality legislation like the Don’t Ask, Don’t Tell Repeal Act and the Hate Crimes Prevention Act into law.” 

In his May 5 interview with the Blade, Frank responded to criticism he received during his tenure in Congress from some LGBTQ rights advocates, especially trans activists, who claimed he had not provided sufficient support for trans rights legislation.

He said he fully supported ongoing efforts to advance trans rights but said those efforts could be jeopardized by pushing issues for which many voters have yet to accept, such as “male to female transgender people playing in women’s sports.”

Among those praising Frank’s life and legacy at the time of his passing is longtime trans activist Diego Sanchez, who became the first openly trans congressional staffer when Frank hired Sanchez as his office’s Senior Policy Advisor. Sanchez remained on Frank’s staff until Frank’s retirement in 2013.

“Barney was a revered statesman for our country at the local, state, and federal levels and a treasured friend to me,” Sanchez told the Blade in a statement. “His belief that prejudice comes from ignorance and is only stricken by visibility explains how he came out openly and how he brought me to his staff, with intent and without apology,” Sanchez said.

He added, “I miss him terribly and am glad I got to spend a week with his husband Jim and him this month. Barney made sure that members of Congress could not say they had never met a trans person. I was honored to be a groomsman in their wedding and will miss Barney’s brilliance, counsel, friendship, and wit.”

Sanchez said celebration of life events are expected to take place in Boston and D.C. and details of those events will be announced soon. 

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Wyoming

U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience

Nine felony grand jury indictments tied to Darin Smith dismissed last week

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Darin Smith (Photo public domain)

Republicans confirmed Darin Smith as U.S. Attorney for the District of Wyoming on Monday, regardless of his history as interim U.S. Attorney for Wyoming and a state senator.

While serving as interim U.S. Attorney for Wyoming — after being appointed by President Donald Trump last July despite never trying a case outside of his time as a law student intern — former state Sen. Darin Smith likely prejudiced jurors during grand jury proceedings.

Nine felony grand jury indictments tied to Smith’s tenure were dismissed last week.

Judges dismissed felony indictments against Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Matthew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon. The now-dismissed charges included felony firearm possession, drug distribution, and possession of child pornography, among other allegations.

Smith allegedly told the grand jury that the defendants were “bad guys,” described them as “murderers,” and said deliberations “won’t take long.”

Even the U.S. Attorney’s Office for the District of Wyoming acknowledged that Smith’s comments were “ill-advised.”

Smith has a history of aligning with Trump over the Constitution and supporting anti-LGBTQ legislation.

In 2025, Smith co-sponsored House Bill 0194, titled “Obscenity amendments,” which, among other provisions, would have criminalized drag shows. The bill also would have repealed exemptions for public and school librarians from the crime of “promoting obscenity” to minors. The wording of the bill was so vague that Republican state Rep. Lee Filer said, “We will end up having to arrest somebody for allowing a child to read the Holy Bible.”

Smith also co-sponsored SF0062, a bill requiring public school students to use restrooms, sex-designated changing facilities, and sleeping quarters that align with their sex assigned at birth. In March 2025, the Wyoming governor signed the bill into law, along with its House companion.

He also attended the Jan. 6 Capitol riot alongside thousands of other Trump supporters.

“Smith was on the Capitol grounds on Jan. 6 … and made the reprehensible claim … that the hundreds of Capitol Police officers who risked their lives that day were guilty of ‘massive incompetence.’ Smith blames the police for what happened on Jan. 6. Without evidence, he claimed that rioters who breached the Capitol were victims of entrapment,” U.S. Sen. Dick Durbin (D-Ill.) said. “Moreover, Smith is not remotely qualified to be a U.S. Attorney. He’s going to be in the package — take it or leave it. Prior to becoming the interim U.S. Attorney, he had no courtroom or litigation experience whatsoever. None. And Smith’s lack of experience has had real-world consequences.”

Prior to his work in the Wyoming state legislature, Smith worked as Director of Planned Giving for the Family Research Council, an organization that describes homosexuality as “harmful” to society with “negative physical and psychological health effects.”

The organization also believes that sexual orientation “should [not] be included as a protected category in nondiscrimination laws or policies, as it is not comparable to inborn, immutable characteristics such as race or sex.”

During questioning before the U.S. Senate, he denied that his work with the organization shows he has loss of impartiality when it comes to matters of LGBTQ rights.

Also questioning, Smith was asked about a now-deleted Facebook post in which he appeared to express support for Kim Davis, the Kentucky county clerk who was found to be unconstitutional in her refusal to issue same-sex marriage licenses, despite Obergefell v. Hodges.

“Perhaps Hillary and Obama can share the cell with Kim Davis for refusing to uphold the Defense of Marriage Act,” the post said.

When asked why he posted it, Smith told Durbin: “I do not recall.”

Josh Sorbe, spokesperson for the Senate Judiciary Committee Democrats and Durbin, said:

“Anti-LGBTQ+ extremist Darin Smith has no business serving as a top law enforcement officer in any state — let alone a state with as much history of queer importance as Wyoming. He’s an unqualified insurrectionist with no experience litigating criminal or federal matters, and his bigotry puts into serious question his commitment to upholding the law for all Americans.”

Human Rights Campaign Vice President of Government Affairs David Stacy also condemned Smith’s confirmation to the U.S. Attorney’s office.

“The justice system in America is supposed to be about ensuring the law is applied fairly and equally. But Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people, opposing marriage equality, cosponsoring state legislation targeting transgender youth, and smearing LGBTQ+ people in public statements,” Stacy said. “Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement. The Senate should reject Darin Smith and demand a nominee who will put the people — and justice — first.”

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