National
Obama speechwriter reflects on marriage ruling, Charleston shooting in new book
Cody Keenan revisits 10 critical days from unique vantage point
Cody Keenan, director of speechwriting for President Obama, had a prominent vantage point in the White House during an eventful 10 days that included recovery from a violent memory underscoring lingering issues with racism.
Those 10 days, which saw the U.S. Supreme Court ruling in favor of same-sex marriage and upholding Obamacare as well as Obama’s speech in the aftermath of a racist shooting at a Black church in Charleston, are now encapsulated in his new book, “Grace: Barack Obama and Ten Days in the Battle for America.”
The Washington Blade spoke with Keenan about his book in an interview on Tuesday that includes an exchange the author and this reporter shared from different perspectives during Obama’s speech in the Rose Garden after the Supreme Court’s ruling for same-sex marriage.
Read the full interview below:
Blade: Why was the time now for this book?
Cody Keenan: There’s a couple of reasons for that. No. 1 is sort of technical. I was still working for President Obama up until the beginning of 2021. And so I didn’t feel appropriate to start writing a book that’s largely about him as long as he was paying me. So that’s the technical answer.
The other is I’d just been rolling these 10 days around in my head for a while. You know, it doesn’t coalesce all at once. You don’t wake up in the morning after marriage equality and Charleston and say, “OK, I’m going to write a book.” It really took the Trump years to actually crystallize it in my head because suddenly we were living through the opposite. We come through this kind of amazing 10-day burst of progress. That, of course, is not limited to 10 days. It was a result of decades of effort, and then the backlash to it. It makes it seem all that more sharp.
Blade: I think our viewers are going to be very interested in the discussion on the marriage ruling and the potential outcomes that you depict in the book. Looks like there was a lot of anxiety behind closed doors about the decision as well as the possible decision on the Affordable Care Act. Do you think that anxiety was shared by President Obama?
Cody Keenan: I’ll never know for certain. He didn’t show his hand like that. He never looked at the drafts we wrote the kind of ‘in case of emergency break glass’ drafts. He just he never did. Not on election nights, not on Supreme Court rulings. It’s not that he’s cocky, he was confident. I think it was more confident in the ACA decision because he knew that it shouldn’t have been there in the first place. So, I don’t so I don’t know how he felt about the marriage equality ruling coming in. I know how he felt about it after the fact. You can watch his remarks on YouTube, which are pretty extraordinary.
They were fairly short as written and then he decided to keep going, which is always interesting as a speech writer, knowing that the remarks are over. I love watching him ad lib, but when the remarks are over, and he just keeps going and there’s no runway to land that plane and that’s always a little interesting. On the page, it’s not a lot but he was really thinking as he was saying the words, as he was tying it to the countless small acts of courage with people who came out and parents who love their kids in return, people who just who made this happen through decades of efforts. And then, he tied this into Bobby Kennedy, which is really exciting. So that was kind of fascinating to watch.
I’ve always thought that he was genuinely moved by the fact that America had come so far and, relatively speaking, so fast on the equal rights issue like that. … I asked him later why he ad-libbed all that and why he was talking so slowly. He just he said he was up too late, reworking my speech, which isn’t true, because he gave it back to me like 11 p.m. But no, I think he was genuinely proud of the country, and then a whole lot of people at that point.
Blade: Yeah, I remember that day very well because I was actually right in front of Obama as he was giving those remarks. I’m a White House reporter, so I wanted to be able to see these remarks firsthand. I was at the Supreme Court and I rushed back to the White House. I actually missed the call time just by ever so slightly but a when the White House staffer saw me there, she escorted me to the Rose Garden. And I was seated there, then press saw me there and they knew how important it was to me so they allowed me to take the seat in the front row where normally the major news stations sit. I was a few feet away from Obama, as he was saying those words.
Keenan: Oh wow. Well, this isn’t a two-way interview, obviously, but I’d be very curious afterwards as to how you were feeling that morning before and then.
Blade: For me, it was a very surreal and very powerful experience to have this issue that has been a really important issue for so many people, and really animated my work for so long, to more or less reach its conclusion. And one thing that really stood out to me was it just seems to me like when I was writing about marriage equality, it was really of interest to a certain group of people and other people really weren’t that interested. But on that day, it was a reminder that that wasn’t the case. Because remember, President Obama gave his remarks and then the entire White House staff circled around the perimeter of the Rose Garden and gave applause and it was just it was very touching, very moving. I don’t think they did that for the ACA speech. It struck me just how powerful it was because people wanted to embrace that decision with that reaction.
Keenan: The difference there is that we had — this is who people are, we had so many colleagues that — I just dreaded the idea of having to look a colleague in the eye or a friend had it gone the other way. There was anxiety and we were also relieved and excited that it went the right way. There was anxiety that morning. I guess I can always speak for myself, but as a Democrat and as a Chicago sports fan, I am never satisfied until it’s over…I’m always hopeful we’re gonna win, but I don’t ever expect. So until that really came down, I was pretty anxious for sure.
Blade: Was there anything during that speech that surprised you. I think you said Obama said a few things you didn’t think he was going to say but just anything that otherwise happened that just really opened your eyes on that either after the ruling or in his remarks?
Kennan: The remarks didn’t surprise me…I just thought it was so interesting that he kept going. He always gave long speeches, but for a speech to be over on paper and for him to not want to stop. You know, he didn’t want to stop and just wanted to say more, and I thought that was so fascinating and awesome and exciting, and then obviously five minutes after that we need to head down to Charleston.
Blade: I do want to ask you about Charleston, but one thing I want to ask you about was that was the night that the White House was lit up in rainbow colors. And I’m just wondering if you were part of the discussion, if you aware of that, if you remember your reaction to that?
Keenan: I was not a part of the discussion. I didn’t know what was going to happen until that morning or the morning after, I can’t remember. We were on the Rose Garden for the remarks, and Denis McDonough came up and told me, “God, that’s cool.” It’s one of those things where you wish you thought of it because it seems so obvious. I’ve talked to a lot of people for this book. I talked to Jeff Tiller and Tina Tchen. [Jeff Tiller was an Obama White House LGBTQ media liaison.] And one of the coolest things Jeff told me was he was the one that kind of spearheaded this whole thing and found funding for it, found quotes from contractors and was out there kind of tearing his hair out when the lights weren’t necessarily working.
But the coolest thing he said is they were talking about what to do if the Supreme Court ruled the other way. Do they light it up? And Jeff said, “Yeah, it’s even more important then.”
Blade: That’s definitely something that was planned for. I was really surprised at how they were able to keep it under wraps for so long. It was a surprise to everyone I think.
Keenan: The only bummer is that Obama was gonna fly around the front of the White House on Maine One to look at it. But I don’t think anybody remembered this was like the longest week of the year daylight-wise. So we’ve been back for maybe two hours before it actually started, before colors actually started getting visible.
Blade: So on the Charleston speech, a much more somber moment, do you think having the nation’s first Black president at the time offered us something unique in that moment?
Keenan: Sure. I talk a lot about how difficult it was to write about race just because we haven’t all lived the same experiences. It may have actually been more difficult to write that speech had it been for a white president to deliver. The fact that a Black president gave that eulogy was pretty remarkable. It’s not just that he is a walking sign of progress and change, and a lot of people didn’t like that, hence some of the backlash we’re living in now.
….He can speak to race and the possibilities of reconciliation and change, I think, more so than a white president could have in that moment. It’d be easy for a white president to just condemn it, but for a Black president to go up and find the words is easier symbolically. It might have been more difficult on the page. I really don’t know. But it was a quintessential hit, what he did to the text, using the lyrics to Amazing Grace to kind of create the space for people to change their minds, the space for people to — the whole song was written by a slave owner who changed his ways, to repent. And it’s sort of the same thing, if anything’s ever going to wake us up to the long legacy of racism and to what gun violence is doing, that’s what the Confederate flag means to some people. It has to be this. So in some ways, I don’t know the answer as to whether it be easier or harder, but he did bring something unique to it just by virtue of his experience.
Blade: Did you think the Charleston shooting represented the last dying breath of racism in the United States, or that it was a prelude of things to come?
Keenan: I don’t think either. I could see the argument for each but I don’t think either. We’ve obviously endured racial violence for centuries. A Black church was set on fire in Massachusetts the day Obama was elected. He had more threats against him than any other president. It’s what we live with. So it definitely wasn’t the start, and it’s not the end. I mean, in a lot of ways, the fact that Donald Trump announced his candidacy the day before the shooting, it’s just kind of an awful reminder that a president’s words can unleash a lot of bad things, and at their best they can inspire the best in people, at their worst they can turn people against each other and kind of let loose the country’s worst demons and create permission structure for people to act out their political violence.
What kind of linked those things that week, and even Obamacare to a lesser extent, is who are we? Do we stand up to white supremacy and bigotry? Or do we allow this to continue, do we allow state legislators to fly the Confederate flag over where Black people live and work and worship? Do we allow the Supreme Court to basically codify bigotry by saying, “No, you can’t get married”? Do we allow them to say sorry to millions of poor people and working people you don’t get to have health insurance unless you’re wealthy? And like all those things just came to a head in the same week.
Blade: So my final question for you is what kind of impact would you like for your book to have?
Keenan: There’s kind of three buckets here. One is first I really do think it’s an important story to tell for history. I want people to read about this some day as this kind of amazing spasm of progress that is not due to one president, but to two generations of people who marched and fought and bled for this. I also teach speech writing at Northwestern, I want young people who are in college now and look at politics and think, “Why would I want to do that?” and change their minds. I want them to think this is a place that’s worth my time and effort. It can actually be fulfilling and collegial and fun.
And anyone else myself included who’s started to feel really cynical in recent years, and there’s plenty of reasons for it, I wanted to throw that up. I’ve gotten some of the greatest feedback so far from a couple strangers who reached out to say they sign up to knock on doors and one of my former colleagues texted this morning to say just reminded me in politics in the first place, and that’s what I want. I want people to read it and say, “You know what, for all the awfulness out there and for the act of undermining of our democracy and the heinous cruelty, we’re still in charge.”
{Editor’s Note: This interview has been edited for length.]
National
Barney Frank on trans rights, 2028, and the need to ‘reform the left’
Gay former congressman starts home hospice care while completing new book
Former U.S. Rep. Barney Frank (D-Mass.), who served in the House from 1981 until his retirement in 2013 and who became the first member of Congress to voluntarily come out as gay in 1987, has resurfaced in the news over the past two weeks after announcing he has entered home hospice care and plans to publish a new book on, among other things, how Democrats can and should regain control of Congress.
According to media reports and an interview Frank conducted this week with the Washington Blade, his book, entitled “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy,” calls on the Democratic Party’s progressive left leaning members to be more strategic in pushing for laws and policies initially considered “politically unacceptable” to most U.S. voters and the American people.
Frank told the Blade he believes the LGBTQ rights movement has succeeded in advancing most of its agenda seeking protections against discrimination by initially pushing less controversial advances such as the end to the ban on gays in the military and non-discrimination in employment before taking on the more controversial issue of same-sex marriage.
While acknowledging that Congress has yet to pass a national law banning discrimination against LGBTQ people in employment, housing, and public accommodations as 22 states and D.C. have already done, he points to the two landmark U.S. Supreme Court decisions, one legalizing same-sex marriage nationwide in Obergefell v. Hodges in 2015, and the other declaring sexual orientation and gender identity are protected categories for which employment discrimination is prohibited under existing federal law in Bostock v. Clayton County in 2020.
Frank notes that while some in the LGBTQ community are fearful that LGBTQ rights are under attack and may be pulled back under the Trump administration, he believes Republicans in Congress at this time will not attempt to repeal any existing LGBTQ protections, especially those regarding marriage rights and employment protections secured by the Supreme Court rulings.
He says transgender rights are the remaining LGBTQ issue that have yet to be adopted rationally, and he fully supports ongoing efforts to advance trans rights. But like his criticism of the progressive left among Democrats, Frank says the efforts to advance trans rights could be jeopardized by the highly controversial issue of “male to female transgender people playing in women’s sports.”
He added, “That’s the most controversial, the most difficult. It affects the fewest number of people.” While he says trans rights supporters should continue to advocate for that, “they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.”

Frank, 86, told Politico he has entered home hospice care as he deals with ongoing congestive heart failure. He said he is remaining in his home in Ogunquit, Maine, where he has lived with his husband, Jim Ready, since retiring from Congress in 2013.
“I’ve been doing some writing. I wrote this book,” Frank told the Blade. “I’ve relaxed. Meanwhile, my health has been failing. Jim has been a saint in taking care of me,” he said. “And so, I take it easy.”
Frank spoke to the Washington Blade in a phone interview from his home on May 4.
Washington Blade: We’re hearing some interesting reports about the book you’ve been writing. Can you say when it will be published?
Barney Frank: Sept. 15 is the publication date.
Blade: Some of the reports about the book in the media have said you want the far left within the Democratic Party to be more cautious.

Frank: No, I’ll give you this. The job is to defeat populism to keep democracy. Clearly you have to know what caused it. I believe that the essential cause in the surge of populism was economic inequality and the failure of mainstream liberals to address inequality. And beginning in the ‘80s economic growth became less and less fair in its institutions. And that led to all this anger.
So, the mainstream left finally figured that out after [Bernie] Sanders and Trump in ’16. So, we then – because I was working to make that change – got the Democrats to pay attention to economic inequality. And Joe Biden’s program did. The problem is at that point, people on the left who had correctly been critical of the failure to address equality said, OK, that’s not the only problem you guys are missing. There are all these other problems.
And they jumped from being right on the question of inequality and equality to believing in a lot more social changes, some of which were just unacceptable to the public. And the mistake they make is they don’t distinguish – there are a lot of issues I’ve been for in my life, but I had to assert that they were not currently politically survivable.
So, you do two things. Those that are politically survivable work to get them done. Others, you become an advocate. But you don’t make the most controversial part of your agenda litmus tests and drive away your allies. You will remember that on marriage that was an issue and in 2000 they insisted you will be for marriage.
So, my thesis is that while the mainstream understood its mistake on inequality, the most militant and ideological of our left misunderstand public opinion and they are pushing the public to — and they are insisting on acceptance of things that are not politically acceptable.
Blade: Having said what you said, how do you see that impacting gay rights or LGBTQ rights?
Frank: Well in the first place, gay rights – one of the things I want to address – is this fear that gay rights are going to be taken away – rights for LGB people. Nonsense. We’re not going to lose any of those rights. If they tried to undo marriage, for instance, the political reaction they would get would be abortion type sentiment. They are just not going to do that because it causes them too many political problems.
The problem is advances we hope to make in the area of transgender people. But there is no chance of losing – I can’t think of a single right that is in jeopardy. They are not going to reintroduce the ban in the military. They’re not going to tell people their marriages are cancelled. Again, the Republicans are not even trying to do that because they know there would be a terrible backlash.
With regard to LGBT there is one analogy. And that is the most controversial issue we faced over the years on what was the gay-bisexual agenda was same-sex marriage. And we left that until the end. And you remember we did the military. We did ENDA. We moved on to everything else, and it wasn’t until the very end that we went into marriage. [NOTE: ENDA did not ultimately pass.]
I think the analogy to that is male to female transgender people playing in women’s sports. That’s the most controversial, the most difficult. It affects the fewest number of people. And I believe had we deferred on marriage — people who believe that’s important should advocate for it. But they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.
Blade: You said you don’t think we will lose any rights, most of the laws related to nondiscrimination are from the states or municipal laws that were passed.
Frank: Tell me what you think will be lost. You and I always have this problem. I’ve always felt you were cynical and skeptical. Tell me what right we now have that’s in jeopardy.
Blade: One would be if the Supreme Court reverses its decision on same-sex marriage.
Frank: If they do, Congress would now step in on that, which would be the passage of Tammy Baldwin’s bill.
Blade: But what I was going to ask you next is in all the years you’ve been in office and as of now a federal LGBTQ rights bill has not been passed by Congress yet. Is there a chance of that happening?
Frank: I do not think it will happen because the members of Congress do not want to be in the position of voting to cancel people’s marriages. There are valid marriages throughout the country. And the notion that Congress will pass a bill invalidating those, no they won’t. They won’t do anything that’s as disruptive and that will cause a strong reaction. Have you seen a federal bill to do that? I haven’t.
Blade: No, and I am sorry if I’m not putting the question across correctly. I’m talking about the bill that bans discrimination based on employment, public accommodations and other areas for LGBTQ people that Congress has not yet passed. You co-sponsored that for many years.
Frank: I know that, and the Supreme Court did that one. No, I don’t think that – oh, all right, that’s a different question than marriage. If the Supreme Court reverses itself on that – I don’t see any sign that they’re going to, then I think you would see the federal bill passed.
[He is referring to the 2020 U.S. Supreme Court decision that employment discrimination against gay, bi, and trans people was equivalent to sex discrimination, which is prohibited under Title VII of the Civil Rights Act of 1964.]
Blade: Are you talking about marriage?
Frank: For both for marriage and for non-[discrimination] – I don’t think a marriage bill would pass nationally. To distinguish, I don’t think a bill striking down marriages would pass. Too much violent reaction. As to employment discrimination, where they haven’t acted yet, if the Supreme Court changes that – I think that’s extremely unlikely – then I think Congress would step in.
Blade: Are you saying we may not need an LGBTQ non-discrimination act by Congress for the states that haven’t passed that?
Frank: I would be in favor of that, yes. But again, I think you and I – you have always been pessimistic. There is a political time now that works in our favor. And as I said, on abortion, they burned themselves very badly on abortion. And yes, I’m still for a national anti-discrimination bill. But I do not think the right wing wants to be caught taking rights away that already exist. Because that’s a lot harder than denying them in the first place. And I don’t see any movement for that. You tell me what you are worried about. What bills are you worried about?
Blade: I was simply saying they haven’t yet passed a federal non-discrimination bill.
Frank: No, what’s going to change on the Supreme Court? I don’t see a pretty quick reversal on the Supreme Court. So, I think people are just – they have to have a cause. And they are inflating the likelihood that we are going to lose some rights when I see no evidence of it. And in fact, I see a lot of political reasons why those in Congress don’t want to do that.
I’ll tell you there are a lot of Republicans who would vote for same-sex marriage. For example, the leadership would say for Christ’s sake, don’t bring that up. They don’t want to take a position on it. And they got burned on abortion, badly.
Blade: To the extent that you are observing this, do you think the LGBTQ rights organizations are doing what they should be doing?
Frank: Well, I think some are stressing the negative too much. Because when people believe nothing good ever happens, they may get discouraged. I think they should be concentrating on the transgender issue. And I know the most controversial parts are protecting people’s rights to medical care, their rights selecting their own gender. And that’s what I would be working on.
And yeah, it would be nice to pass the national bill. I don’t think that’s going to happen. Well, if the Democrats get the House, the Senate, and the presidency, maybe it will happen. But I don’t see the urgency of that because I don’t see any movement to reverse the Supreme Court’s decision.
Blade: What message would you have for the LGBTQ community?
Frank: My message is one, we’re in good shape. And two, that what remains in the transgender issue – who is first? Which are those of your issues that are the most politically acceptable. And you work your way through and as you win on some of those the resistance on the tougher ones will diminish. And the other issue is we are – the problem is the stand to protect the rights of transgender people. But the rights for lesbian, gay, and bisexual people, I do not think they are in jeopardy and I do not think a lot of resources should be spent on being what I think is a very small threat.
Blade: For those states and municipalities that do not have laws protecting LGBTQ people from discrimination, do you think attitudes are changing so there would be little or no discrimination?
Frank: Oh, no question. First of all, I think it’s very unlikely that any of the rights they have will be taken away. And secondly, if they had to take some positive steps to take away protections they would not do it. And I think that ship has sailed in our direction and isn’t going back. In the end, you cannot underestimate there’s a big political difference between denying people their rights in the first place and taking it away from them after they’ve enjoyed it.
Anything is theoretically possible, but I don’t see any evidence that’s likely to happen.
Blade: We’re coming up to the midterm elections this year, but is there anyone coming up in the next presidential election who you might be supporting?
Frank: Oh, I think at this point we’re going to have a fairly open Democratic process. And it’s very clear at this point the way American politics is going it will be a basically supportive Democrat against a basically opposed Republican. And I’ll be supporting the Democrat. And so, this Democrat would be the best one, the most electable. And which one, I haven’t decided that. I want to see how people will fare when they start running.
But I think it is inconceivable that the Democrats would nominate someone who is not fully supportive.
Blade: Some people might be asking what you have been doing since you retired from Congress.
Frank: I’ve been doing some writing. I wrote this book. I’ve relaxed. Meanwhile, my health has been failing. Jim [husband Jim Ready] has been a saint in taking care of me. And so, I take it easy. In terms of what I do, I have two rules, two pieces of advice for people who retire. One is that you should make up two lists. One is you should have a bucket list, a list of things you want to do before you’re through. But more important than the bucket list is a list that rhymes with bucket. That’s a very important list. And that’s one that I increasingly defer to.
Blade: And what is the one other than bucket?
Frank: It rhymes with bucket. What rhymes with bucket?
Blade: Oh, OK.
Frank: That’s the list I follow.
Florida
Key West Pride’s state funding pulled
Republican Fla. Gov. Ron DeSantis signed anti-DEI bill
Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.
In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.
The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.
He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”
The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.
“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”
This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.
“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”
He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”
“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”
He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.
“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”
The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.
“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”
“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”
He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.
“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”
The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.
He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.
“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”
Federal Government
DOE investigates Smith College’s trans-inclusive policy
Mass. college accused of violating Title IX
The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.
Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.
The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.
The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.
This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.
Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.
“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”
“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”
This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.
Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.
Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.
