Connect with us

Opinions

Ghosts in the Courtroom

The price paid to uphold our love

Published

on

Frank Kameny, gay news, Washington Blade
Frank Kameny, gay news, Washington Blade

Frank Kameny (Washington Blade archive photo by Doug Hinckle)

The late gay rights pioneer Frank Kameny’s exhortations ring in my ears as I anticipate arguments before the U.S. Supreme Court on whether the Fourteenth Amendment requires states to license same-sex marriages.

Chief Justice John Roberts, in his dissent in the 2013 Windsor case, dismissed as “snippets of legislative history” the evidence for decades of anti-gay animus by the U.S. government. This erasure of our struggle is not unique to judges. Tom Brokaw’s 2007 book, Boom! Voices of the Sixties, prompted a letter from Kameny charging, “Your book simply deletes the momentous events of that decade which led to the vastly altered and improved status of gays in our culture today.”

Such deletions inspired the re-establishment in late 2011 of the Mattachine Society of Washington, D.C. (MSDC), which Kameny founded in 1961 but allowed to lapse in 2006. The new MSDC is dedicated to archive activism for LGBT equality. As an officer of the earlier organization, I joined Charles Francis, who led the successful effort to preserve the Kameny Papers at the Library of Congress, in creating the new one.

Mattachine’s research led to the March 6 filing of its amicus brief in Obergefell v. Hodges and related cases by its legal counsel, McDermott Will & Emery LLP. The brief complements “The People’s Brief” prepared for the Human Rights Campaign, which explores the historical and political context of state marriage bans. The Mattachine brief states:

“Original source materials obtained and recently released by the MSDC reveal the backdrop of animus in front of which the states enacted the bans now at issue…. The historical background … reveals a culture of animus against LGBT Americans, justifications for excluding them from the privileges given to all other Americans….”

After the Second World War, the federal government began firing its homosexual employees, armed with the FBI’s Sex Deviate program in 1951 and President Eisenhower’s Executive Order 10450 in 1953. The Civil Service Commission (CSC), later renamed the Office of Personnel Management (OPM), conducted the purge. After adverse court rulings, CSC adjusted its arguments to continue firing people for private, consensual behavior that was irrelevant to their jobs. It even expelled heterosexually married father William Dew for a few same-sex encounters as a student; he fought for years before being restored.

It is a grim history. Eisenhower advisor Arthur Vandenberg, Jr. was forced to resign when the FBI learned of his homosexuality. CSC General Counsel L.V. Meloy used a sensational Florida investigative report to purge federal employees. CSC Chairman John W. Macy, Jr. denied prying into people’s private sex lives despite CSC’s investigations, then said, “We see no third sex, no oppressed minority or secret society, but only individuals….”

CSC persisted after being rebuked by a federal appeals court in 1971. “By the 1970s,” the brief states, “the Commission had reluctantly slowed its purge.” But the lie about a gay security threat lingered. In the 1990s, President Clinton affirmed a cultural shift with executive orders barring anti-gay discrimination in security clearances and federal civilian service. Yet as late as the George W. Bush administration, Special Counsel Scott Bloch fought gay protections.

The marriage cases being argued April 28 call to mind Kameny’s defiant 1969 statement to the Defense Department in the security clearance case of Benning Wentworth, concerning a previous applicant known only by his case number: “OSD 66-44 may have compromised…. He may have crawled. He may have groveled. He may have submitted to Departmental blackmail of the most contemptible kind. We will not. We stand our ground. We throw down the gauntlet, clearly, unequivocally and unambiguously.” These bracing words stir both pride and sorrow at the price still paid to uphold our love.

The Mattachine brief, and the archival rescue that went into it, is in partial payment of an historic debt. But victory in the marriage cases will not complete that debt. The thousands, living and dead, who were persecuted by their own government because of whom they loved, deserve a formal apology like the one OPM Director John Berry gave Frank Kameny in 2009. Even as we move forward, we reclaim our roots. We cannot allow our gay foremothers and forefathers to be forgotten.

 

Richard J. Rosendall is a writer and activist. He can be reached at [email protected].

Copyright © 2015 by Richard J. Rosendall. All rights reserved.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Letter-to-the-Editor

Candidates should pledge to nominate LGBTQ judge to Supreme Court

Presidential, Senate hopefuls need to go on the record

Published

on

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

As soon as the final votes are cast and counted and verified after the November 2026 elections are over, the 2028 presidential cycle will begin in earnest. Polls, financial aid requests, and volunteer opportunities ad infinitum will flood the public and personal media. There will be more issues than candidates in both parties. The rending of garments and mudslinging will be both interesting and maybe even amusing as citizens will watch how candidates react to each and every issue of the day.

There is one particular item that I am hoping each candidate will be asked whether in private or in public. If a Supreme Court vacancy occurs in your potential administration, will you nominate an open and qualified LGBTQ to join the remaining eight?

Other interest groups on both sides have made similar demands over the years and have had them honored. Is it not time that our voices are raised as well? There are several already sitting judges on both state and federal benches that have either been elected statewide or approved by the U.S. Senate.

Our communities are being utilized and abused on judicial menus. Enough already! Challenge each and every candidate, regardless of their party with our honest question and see if honest answers are given. By the way … no harm in asking the one-third of the U.S. Senate candidates too who will be on ballots. Looking forward to any candidate tap dancing!

Continue Reading

Opinions

2026 elections will bring major changes to D.C. government

Mayor’s office, multiple Council seats up for grabs

Published

on

(Washington Blade file image by Aram Vartian)

Next year will be a banner year for elections in D.C. The mayor announced she will not run. Two Council members, Anita Bonds, At-large, and Brianne Nadeau, Ward 1, have announced they will not run. Waiting for Del. Norton to do the same, but even if she doesn’t, there will be a real race for that office. 

So far, Robert White, Council member at-large, and Brooke Pinto, Council member Ward 2, are among a host of others, who have announced. If one of these Council members should win, there would be a special election for their seat. If Kenyon McDuffie, Council member at-large, announces for mayor as a Democrat, which he is expected to do, he will have to resign his seat on the Council as he fills one of the non-Democratic seats there. Janeese George, Ward 4 Council member, announced she is running for mayor. Should she win, there would be a special election for her seat. Another special election could happen if Trayon White, Ward 8, is convicted of his alleged crimes, when he is brought to trial in January. Both the Council chair, and attorney general, have announced they are seeking reelection, along with a host of other offices that will be on the ballot.  

Many of the races could look like the one in Ward 1 where at least six people have already announced. They include three members of the LGBTQ community. It seems the current leader in that race is Jackie Reyes Yanes, a Latina activist, not a member of the LGBTQ community, who worked for Mayor Fenty as head of the Latino Affairs Office, and for Mayor Bowser as head of the Office of Community Affairs. About eight, including the two Council members, have already announced they are running for the delegate seat.

I am often asked by candidates for an endorsement. The reason being my years as a community, LGBTQ, and Democratic, activist; and my ability to endorse in my column in the Washington Blade. The only candidate I endorsed so far is Phil Mendelson, for Council chair. While he and I don’t always agree on everything, he’s a staunch supporter of the LGBTQ community, a rational person, and we need someone with a steady hand if there really are six new Council members, out of the 13. 

When candidates call, they realize I am a policy wonk. My unsolicited advice to all candidates is: Do more than talk in generalities, be specific and honest as to what you think you can do, if elected. Candidates running for a legislative office, should talk about what bills they will support, and then what new ones they will introduce. What are the first three things you will focus on for your constituents, if elected. If you are running against an incumbent, what do you think you can do differently than the person you hope to replace? For any new policies and programs you propose, if there is a cost, let constituents know how you intend to pay for them. Take the time to learn the city budget, and how money is currently being spent. The more information you have at your fingertips, the smarter you sound, and voters respect that, at least many do. If you are running for mayor, you need to develop a full platform, covering all the issues the city will face, something I have helped a number of previous mayors do. The next mayor will continue to have to deal with the felon in the White House. He/she/they will have to ensure he doesn’t try to eliminate home rule. The next mayor will have to understand how to walk a similar tightrope Mayor Bowser has balanced so effectively. 

Currently, the District provides lots of public money to candidates. If you decide to take it, know the details. The city makes it too easy to get. But while it is available, take advantage of it. One new variable in this election is the implementation of rank-choice voting. It will impact how you campaign. If you attack another candidate, you may not be the second, or even third, choice, of their strongest supporters. 

Each candidate needs a website. Aside from asking for donations and volunteers, it should have a robust issues section, biography, endorsements, and news. One example I share with candidates is my friend Zach Wahls’s website. He is running for United States Senate from Iowa. It is a comprehensive site, easy to navigate, with concise language, and great pictures. One thing to remember is that D.C. is overwhelmingly Democratic. Chances are the winner of the Democratic primary will win the general election. 

Potential candidates should read the DCBOE calendar. Petitions will be available at the Board of Elections on Jan. 23, with the primary on June 16th, and general election on Nov. 3. So, ready, set, go! 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

Continue Reading

Opinions

Lighting candles in a time of exhaustion

Gunmen killed 15 people at Sydney Hanukkah celebration

Published

on

(YouTube screenshot via Reuters)

In the wake of the shooting at Bondi Beach that targeted Jews, many of us are sitting with a familiar feeling: exhaustion. Not shock or surprise, but the deep weariness that comes from knowing this violence continues. It is yet another reminder that antisemitism remains persistent.

Bondi Beach is far from Washington, D.C., but antisemitism does not respect geography. When Jews are attacked anywhere, Jews everywhere feel it. We check on family and friends, absorb the headlines, and brace ourselves for the quiet, numbing normalization that has followed acts of mass violence.

Many of us live at an intersection where threats can come from multiple directions. As a community, we have embraced the concept of intersectional identity, and yet in queer spaces, many LGBTQ+ Jews are being implicitly or explicitly asked to play down our Jewishness. Jews hesitate before wearing a Magen David or a kippah. Some of us have learned to compartmentalize our identities, deciding which part of ourselves feels safest to lead with. Are we welcome as queer people only if we mute our Jewishness? Are those around us able to acknowledge that our fear is not abstract, but rooted in a lived reality, one in which our friends and family are directly affected by the rise in antisemitic violence, globally and here at home?

As a result of these experiences, many LGBTQ+ Jews feel a growing fatigue. We are told, implicitly or explicitly, that our fear is inconvenient; that Jewish trauma must be contextualized, minimized, or deferred in favor of other injustices. Certainly, the world is full of horror. And yet, we long for a world in which all lives are cherished and safe, where solidarity is not conditional on political purity or on which parts of ourselves are deemed acceptable to love.

We are now in the season of Chanuka. The story of this holiday is not one of darkness vanishing overnight. It is the story of a fragile light that should not have lasted. Chanuka teaches us that hope does not require certainty; it requires persistence and the courage to kindle a flame even when the darkness feels overwhelming.

For LGBTQ+ Jews, this lesson resonates deeply. We have survived by refusing to disappear across multiple dimensions of our identities. We have built communities, created rituals, and embraced chosen families that affirm the fullness of who we are.

To our LGBTQ+ siblings who are not Jewish: this is a moment to listen, to stand with us, and to make space for our grief. Solidarity means showing up not only when it is easy or popular, but especially when it is uncomfortable.

To our fellow Jews: your exhaustion is valid. Your fear is understandable, and so is your hope. Every candle lit this Chanuka is an act of resilience. Every refusal to hide, every moment of joy, is a declaration that hatred will not have the final word.

Light does not deny darkness. It confronts it.

As we light our candles this Chanuka season, may we protect one another and bring light to one another, even as the world too often responds to difference with violence and hate.

Joshua Maxey is the executive director of Bet Mishpachah, D.C.’s LGBTQ synagogue.

Continue Reading

Popular