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Ghosts in the Courtroom

The price paid to uphold our love

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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.

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  1. Mark Meinke

    March 24, 2015 at 6:35 pm

    This denial of oppression makes the work of History UnErased (www.historyunerased.org) , a Massachusetts project to train K-12 teachers in presenting LGBTQ history and culture in the classroom, doubly impressive.

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Opinions

Opinion | Representation matters: The gayest Olympics yet

From one out athlete to more than 160 in just 33 years

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OK, I really want a Tom Daley cardigan. The now gold-medal Olympian told Britain’s The Guardian that he took up crocheting during the pandemic. He even has an Instagram page dedicated to his knit creations, MadeWithLoveByTomDaley. It’s all very adorable; it’s all very Tom Daley. 

All that aside, you’d have to be practically heartless to not feel something when Tom Daley and his diving partner Matty Lee won the gold on Monday in the men’s synchronized 10-meter diving competition, placing just 1.23 points ahead of the Chinese. And then seeing him with tears in his eyes on the podium as “God Save the Queen” played. Later that week, he knitted a little bag featuring the Union Jack to hold and protect his medal. So very wholesome

Daley is certainly one of the highest profile LGBTQ athletes in these games. Besides the diver, the 2020 Summer Olympics, now in 2021 because of the pandemic, are hosting more than 160 out athletes. A record to be sure, but calling it a record does it somewhat of an injustice. The United States sent the first out athlete to the 1988 Summer Olympics, Robert Dover an equestrian rider competing in dressage. Dover remained the only out (sharing the title once in 1996 with Australian diver Craig Rogerson) for 10 years. Then, during the 2008 Summer Olympics in Beijing, the number of out athletes jumped to 15. London’s 2012 Olympics saw the number increase to 23. The 2016 Summer Olympics in Rio de Janeiro saw the number jump to 68 out athletes. And now we’re at over 160. 

So you get the trend building here. From one out athlete to more than 160. So very far, so very fast. And competing in everything from handball to sailing to golf to skateboarding. Also, noteworthy, New Zealand sent the first trans athlete, weightlifter Laurel Hubbard. These are but numbers and names, but to be sure, this sort of representation, this sort of visibility, is hugely important. Not just for athletes coming up behind them, but let’s think too of those out there, not yet even out, maybe watching in their parents’ living room. Seeing Tom Daley thank his husband, mention their son, this sort of queer normality being broadcast as if it is both groundbreaking and at the same time nothing at all — the importance of this cannot be overstated. 

On top of that, growing up gay, how many times were we all told, whether outright or simply implied, that sports were more or less off limits to us. Meant to display the peaks of gender and ability, sports were not meant for those who couldn’t fit neatly into that narrative. But it appears that that narrative is slowly becoming undone. Just look beyond the Olympics, to the wider world of sports. Earlier this summer, pro-football’s Carl Nassib came out.   

And maybe I’m just of a generation that marvels at the destruction of each and every boundary as they come down. We had so very little as far as representation back then. Now to see it all, and in so many different sports, you can’t help but to wonder what the future will hold for us; and it really delights the imagination, doesn’t it? 

It is the gayest Olympics yet. And if the trend laid out above continues, it will only get gayer as the years go on. And if it’s a barometer for anything, I think we will see a lot of things getting a bit gayer from now on.

Brock Thompson is a D.C.-based writer. He contributes regularly to the Blade.

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Opinion | Blame Mayor Bowser for violence epidemic?

In a word, ‘no,’ as the problem is nationwide

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The simple answer to the question “Does the Mayor get the blame for the violence epidemic?” is NO! This is not something that can be laid at any one person’s feet. The epidemic of gun violence is gripping the entire nation. 

The frustration and outrage I and everyone else feels are palpable. It’s frightening when you hear gunshots in your neighborhood. It makes bigger headlines when the shots fired are in neighborhoods not used to that like the recent shooting on 14th and Riggs, N.W. When the shots rang out patrons of upscale restaurants like Le Diplomate ran or ducked under their tables for cover. When shots were fired outside Nationals stadium the national media lit up to report it. The truth is we must have the same outrage every time shots are fired and people hurt or killed in any neighborhood of our city.  

Trying to lay the blame for this at the feet of the mayor, as some people on social media and in opinion and news columns in the Washington Post are doing is wrong. Some would have you believe the mayor is just sitting by and allowing the violence to happen. There are pleas “Mayor Bowser do something!” as if she could wave a magic wand and the shootings will stop. 

In a recent Washington Post column, “Bowser pressed to act after shootings,” a number of Council members are quoted including Chairman Phil Mendelson, Ward 2 member Brooke Pinto, Ward 4 member Janeese Lewis George, At-large member Anita Bonds and Ward 5 member Kenyan McDuffie. They all call for something to be done but not one of them says what they would do. It’s clear they are as frustrated and outraged as the rest of us but have no easy answers. What is clear is casting blame on the mayor and police commissioner won’t help to stop the violence and shootings. 

Again, this epidemic of violence isn’t just an issue for D.C. but a national epidemic. Recently our mayor sat beside the president at a White House meeting called to discuss what can be done about this with mayors and law enforcement officials from around the nation. No one from the president down had an answer that can make it stop right away. Many in D.C. would be surprised at the ranking of the 50 cities with the most violent crime per 100,000 residents showing D.C. with 977 violent crimes per 100,000 residents at number 27 behind cities like Rockford, Ill., Anchorage, Ala., and Milwaukee, Wisc. Crime in nearly all those cities and murder rates have gone up, in many cases dramatically, since the pandemic. 

The solution to ending gun violence is to get the guns out of the hands of those who are using them for crime but that is easy to say and much harder to do. We know ending poverty will make a difference. Giving every child a chance at a better education and ensuring real opportunities for every young person will make a difference. We must also hold people responsible for the serious crimes they commit and often courts are a system of revolving door justice where we find the same people arrested for a serious crime back on the street committing another one and the same gun used for multiple crimes.

There are anti-crime programs that might work but they need buy-in from the entire community including activists and the clergy who must work in concert with our political leadership. D.C. is funding a host of programs including ‘violence disrupters,’ job training, and  mental health and substance abuse programs. They all need more money and more support. 

In D.C., we have only 16 elected officials with real power; the Council, the mayor, the attorney general and our congressional representative. We have community leaders elected to local ANCs. When members of the council attack the mayor, some simply to make political hay for their own future election, it won’t solve any problems. 

This must be viewed as a crisis and our 16 elected leaders should sit down, agree to a series of anti-crime programs and efforts they will adequately fund, and stop attacking each other. Once they agree on the programs to fund they should bring together ANC members from across the city to a meeting at the convention center and work out a plan for what each can do to move us forward to safer neighborhoods. 

We must work together as one if we are to succeed in making life safer and better for all. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Opinion | U.S. senators: It’s time to act against anti-LGBTQ discrimination

Draw your inspiration from past bipartisan consensus

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Georgia has had the eyes of the nation on it for some time now. It’s just over five years since people across Georgia braced themselves as lawmakers sent sweeping anti-LGBTQ legislation to the desk of then-Gov. Nathan Deal. The LGBTQ community feared for the potential harms that the broad “license to discriminate” bill could bring. Business leaders feared billions of dollars being drained from the state’s economy as major players from Hollywood, the business sector, and even the NFL threatened to pull investments. 

But after thousands of calls, meetings, and letters, Gov. Deal, a Republican and devout Evangelical Christian, ultimately did the right thing. He vetoed the bill, saying, “We do not have a belief in my way of looking at religion that says we have to discriminate against anybody.”

At the time Gov. Deal’s veto was heralded as a radical move for a Republican leader. But the truth is that Republican lawmakers faced with bills targeting LGBTQ people frequently take action against these measures. We saw it earlier this year in Arkansas as Gov. Asa Hutchinson vetoed a draconian anti-transgender healthcare bill. Earlier this year, Utah Gov. Spencer Cox teared up while condemning an anti-trans bill, saying, “These kids are just trying to stay alive.” Prominent Republican leaders in South Dakota, Texas, South Carolina, and Arizona have vetoed or moved to block anti-LGBTQ bills. Stalwart Republican senators from Alabama and Iowa have passionately supported open military service for transgender people. 

There are plenty of examples of Republicans supporting LGBTQ people, but they’ve often been lost in the headlines stoking the so-called left-versus-right “culture wars.”

In my home state of Georgia, Gov. Deal’s action inspired further evolution on LGBTQ issues. In the five legislative sessions since Gov. Deal’s veto, Georgia’s legislature has not passed a single anti-LGBTQ bill. Republicans and Democrats alike have defended LGBTQ Georgians from discriminatory measures. And so many Georgians across the political spectrum – within families, friend groups, and workforces – have had conversations about what dignity for LGBTQ people looks like.

Now it’s time for the members of the United States Senate to build on that consensus by taking the most important and critical step yet for LGBTQ Americans. It’s time for senators on both sides of the aisle to come together and enact equality legislation that would establish concrete, enduring nondiscrimination protections for all LGBTQ people in areas like housing and public spaces, including restaurants, stores, and hospitals. LGBTQ people in too many states – 29 nationwide – remain vulnerable because of a lack of explicit nondiscrimination laws at the state and federal levels.

Polling consistently shows that a wide majority of Americans of both political parties strongly supports protecting LGBTQ people from discrimination. More than eight in 10 Americans support LGBTQ-inclusive nondiscrimination laws, including 62% of Republicans. We cannot let the loudest voices of a fringe minority hold our country back from delivering the promise of liberty, security, and equality for all people, no matter where they live. 

Because really, we are so close to passing federal LGBTQ protections – closer than ever before. Nearly 50 years after its first introduction in Congress, the Equality Act passed with bipartisan support in the House, and received its first-ever Senate hearing. Republican senators in the Senate Judiciary Committee voiced empathy for the harms that discrimination has caused LGBTQ people. They also expressed a willingness to finding a path to protect us. And there is more than one bill proposed to address the inequity that LGBTQ people are subjected to. The Senate judiciary committee opened a door to the long overdue conversation.

Now it’s on us to hold that door open and guide all of our senators through. Democratic senators must reach out to their Republican colleagues and address concerns. Republicans must draw on the many recent examples of conservative leaders working to protect LGBTQ people. 

We can’t afford another 50 years of federal inaction on our protections. We can’t afford for the two parties to keep butting heads in a bitter stalemate. For the first time in history, we have a real opportunity to secure protections for LGBTQ Americans.

We must seize this opportunity, seek common ground and find a solution that works for everyone. It’s essential that right, left, and center come together, reach consensus, and do the right thing. At last.

Jeff Graham is executive director of Georgia Equality. Reach him at [email protected].

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