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The latest Supreme Court case erasing LGBTQ identity

Chiles v. Salazar a major setback for movement

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(Washington Blade photo by Michael Key)

In its recent decision in Chiles v. Salazar, the U.S. Supreme Court invalidated Colorado’s law prohibiting licensed counselors from engaging in efforts to change the sexual orientation or gender identity of minors. The decision, which puts into question similar laws in 22 other states, relied on the First Amendment to hold that the law violates counselors’ free speech rights. But the decision also strikes a blow against LGBTQ dignity, a point the court’s opinion does not even address.  

The eight-member majority, which included Justices Elena Kagan and Sonia Sotomayor, who usually side with LGBTQ groups, justified its reasoning by suggesting that the law was one-sided: it permitted treatment that affirms LGBTQ identity but forbade treatment that seeks to change it. But the law is one-sided, as Justice Ketanji Brown Jackson’s lone dissent pointed out, because the medical evidence only supports one side: reams of research show that “survivors of conversion therapy continue to suffer from PTSD, anxiety, and suicidal ideation.” And major medical associations all agree, no evidence demonstrates the efficacy of conversion efforts. This isn’t surprising. Medicine often take sides — some treatments work, and some don’t.

But particularly concerning is the vision of LGBTQ identity that undergirds the majority opinion when compared to the dissent. Justice Jackson’s dissent explains that LGBTQ identity is simply “a part of the normal spectrum of human diversity” — not something to be “cured.” By contrast, for the majority, how best to help LGBTQ minors is “a subject of fierce public debate.” That can hardly be the case if LGBTQ identity stands on equal ground with straight, cisgender identity, or if LGBTQ people are as deserving of safety, rights, and dignity.

Indeed, the LGBTQ rights movement only began in earnest when advocates in the 1960s decided to end the “debate” over gay identity. Until then, community leaders would routinely cooperate with psychiatrists who were interested in researching homosexuality as a medical condition. A new generation of activists, led by Frank Kameny, a key movement founder, began arguing that this got the issue upside down: Rather than wondering if they could be “cured,” LGBTQ people had to assert a right to their identity. As Kameny put it—“we have been defined into sickness.” Only once the case was made that it was society that had to change, and not LGBTQ people, could LGBTQ consciousness, LGBTQ pride and LGBTQ rights develop. Their activism led to the first Pride parade in New York, and the official declassification of homosexuality as a disease in 1973. 

The Supreme Court’s conservatives don’t just want to reignite this half-century old medical “debate”; they also treat medical claims that undermine LGBTQ identity very differently from those who support it. Last year, in an opinion backingTennessee’s law that banned gender affirming care for minors, the court sympathetically marched through the reasons Tennessee offered for “why States may rightly be skeptical” of such care, and cited three times, in some detail, to “health authorities in a number of European countries” (that is, some Nordic countries and the UK) that had curbed pediatric care. It failed to mention that most of Western Europe and every major American medical association provides access to this care.

In Chiles, by contrast, the court cites none of the evidence that Colorado amassed that conversion therapy harms LGBTQ children. None of the countries that the court had invoked to justify anti-trans policies allow conversion therapy in their health care systems (indeed, one of them criminalizes such practices). So rather than cite medical evidence, the court simply asked — why trust medical evidence at all? “What if,” asks the court, “reflexive deference to currently prevailing professional views [does] not always end well?” and cites an infamous 1927 Supreme Court case, Buck v. Bell.

In Buck, the Supreme Court embraced eugenic reasoning, backing a eugenic state law that allowed the sterilization of individuals with mental disabilities, on the grounds that such disabilities were hereditary. As Justice Oliver Wendell Holmes opined, “three generations of imbeciles are enough.” Look at what happens when we listen to medical expertise, today’s court seems to say, as an excuse to disregard the LGBTQ-affirming medical evidence they don’t like.

But the court has missed the key lesson of Buck. The law at issue in Buckdiscriminated against a certain group, seeking, through sterilization measures, to erase it from existence. Indeed, LGBTQ people (whom doctors of the day would have referred to as sexual “inverts”) were exactly the kind of people that the eugenic program of Bucksought to eliminate. Conversion therapy seeks similar erasure.

The lesson of the 1960s LGBTQ rights movement remains as relevant today as it was then. Without an unapologetic LGBTQ identity, LGBTQ Pride, LGBTQ rights and the LGBTQ movement itself can all founder. By supporting only the anti-LGBTQ side in this medical saga — and by suggesting that LGBTQ existence is subject to medical debate at all — the court is reaffirming, rather than repudiating, minority erasure.


Craig Konnoth is a professor of law at University of Virginia School of Law.

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Dual endorsement for Independent Council-at-large: Patterson or Crawford

Let’s move the District forward

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Washington, D.C. (Washington Blade file photo by Michael Key)

(Editor’s note: This column reflects the writer’s opinion and does not constitute a Washington Blade endorsement of any candidate.)

The race for Independent Council-at-Large is interesting. There are three main candidates and I suggest making your choice easier by first eliminating Elissa Silverman from consideration. She is a retread, and it is time to move forward, not backward. 

There are two candidates whom I have taken the time to talk with in some depth. They are both impressive, and either will make a great addition to the D.C. Council. I have some minor issues with both, but then have never found a candidate who I would agree with 100%, and never expect to. 

Jacque Patterson has held public office, and served the community well, as president of the D.C. State Board of Education. Just recently a study was released, and while we know there are many outstanding issues in our schools, this new Education Scorecard report from Harvard, Stanford, and Dartmouth, ranks District of Columbia students first in the nation for academic growth in both math and reading between 2022 and 2025. While they are still not doing as well as we want all our students to do, progress is important, and this scorecard shows how the District is working to help its students. Take a look at Jacque’s website to see what he will focus on. You will find it impressive. He understands among other issues what small businesses mean to D.C., what we need to do for safer communities, and to provide more opportunities for all our youth. 

Then take a look at Doni Crawford who has now been serving on the Council for about four months, having been chosen to replace Kenyan McDuffie until the election, when he resigned to run for mayor. She previously worked in his office as committee director for the Council’s Committee on Business and Economic Development. Prior to that she worked at the D.C. Fiscal Policy Institute. Her focus is also on safer communities, economic development, housing, and youth. You can look at Doni’s website to get a more detailed understanding of where she intends to focus her time. 

Both candidates have talked about how they will work to fight for D.C. statehood, and to ensure the 700,000 residents of the District can set their own budget priorities, and make their own legislative decisions, without oversight from Congress. 

When looking at who you choose to vote for as a Council member in D.C., it is important to understand the person you select will be working closely with 12 other members. They have to understand the art of compromise to get their initiatives passed. They must have the personality that will demand respect of the other members, and a style that will make them stand out on the Council. I think Jacque and Doni are the two choices in this Independent Council-at-large race who will be able to do that. Also, remember in an at-large seat on the Council the focus is a little different than when you are selecting a Council member for your own ward. These members need to have a little broader view, and be able to balance all constituents in every ward of the city. That is a little more difficult. 

I know from talking with them that both Jacque and Doni are committed to equality, and just as important, economic equality. They understand for the District to do well; everyone needs a fair playing field. I have gotten the strong feeling they both understand what is happening around the nation is impacting the people of D.C. That includes the resurgence of antisemitism, as well as racism, Islamophobia, homophobia, and sexism. They understand we are faced with a White House, and Republican-controlled Congress, who instead of doing anything to combat these issues, are making them worse. And because home rule still gives Congress and the felon in the White House much-too-much control over D.C., this impacts us directly. I have confidence in both Patterson and Crawford, that they will fight this, and do it intelligently, and successfully, to the benefit of all the people they are looking to serve.

So, my recommendation is you look at both their websites and decide who your first choice will be. Then rank that person #1 on your ballot for Independent Council-at-large. Then because you can with ranked choice voting, rank the other one #2. Then stop! You don’t need to rank any more. 

Again, I think either Jacque Patterson or Doni Crawford will serve us well on the Council. They are both smart, experienced, and both will bring something new to the Council. Elissa Silverman had her chance before, and there were reasons the voters turned her out. Let’s not go backwards, but rather let’s move the District forward, with either Jacque Patterson or Doni Crawford. 


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

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What I learned from Barney Frank and a bit of queer history

Gay former Mass. congressman died May 19

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Top row from left: Vic Basile, Kevin Gardner, Barney Frank, Herb Moses and Fred Hochberg. Bottom row from left: Julie Dorf and Olga Lipovskaya. (Photo courtesy of Julie Dorf)

Since I started my activist career at the early age of 25, I feel incredibly blessed to have learned so much from many of the legends of our movement, including from Congressman Barney Frank. When I was just beginning OutRight International (then the International Gay and Lesbian Human Rights Commission), Herb Moses, Barney Frank’s long-term partner prior to his husband Jim Ready, was on our initial board of directors in the early 1990s. Through Herb, I became friends with Barney, and would regularly stay in their guest bedroom on Corcoran Street when I came to Washington for work. We would go out to dinner at their favorite chinese restaurants and Barney would give me advocacy advice, in his tough-love style, which as a similarly argumentative Jew, signified love and respect to me.

Together, we organized a trip to Russia in 1992 for a group of individual donors that included Fred Hochberg (years prior to becoming our nation’s president of the Export-Import Bank), Andy Tobias (before his DNC Treasurer years), Terry Watanabe (one of few major donors to the queer movement at the time), and Vic Basile (who then ran the Victory Fund). Barney was able to get high level meetings with Russian officials that we could never have gotten without him, including conversations with their Ministry of Justice about the infamous Article 121 of their penal code at the time, which actively penalized private gay sex acts. A year later, that law was removed, and consequently most of the copy-cat versions in the other former Soviet countries were written out as well. While Barney organized a reception for our group at the U.S. ambassador’s residence in Moscow, I organized visits to the local prisons to meet with gay prisoners. It was a crazy time and made for some incredible stories, as well as some important lessons from Barney Frank. 

Lesson #1: be precise and have proof

Barney was always following up with hard questions of the activists I would bring into his office, exacting concrete proof of the claims of persecution we were trying to expose. His precision sometimes felt like a challenge to the truth of the matter, but it made me a much better human rights activist in those early days. He pushed me to work with more rigor, that helped me to articulate better why the experiences of LGBTQ people around the world are important to share with policy makers and with our own community. 

Lesson #2: read more

On the plane to Russia, Barney showed up with a duffle bag full of newspapers and periodicals that he hadn’t finished reading. He hated small talk, and spent the entire flight catching up on his reading. Even though we now have internet access on planes, my take-away was to always stay current and read!

Barney cared a lot about U.S. immigration issues, and together, we opened up the U.S. asylum system to LGBTQ individuals who have a credible fear of persecution on the basis of their “membership in the particular social group” (although at the time, we only called it sexual orientation). This category is one of five legal reasons the United States is obligated to provide asylum. We focused on then-Attorney General Janet Reno and asked her to elevate the case of Marcelo Tenorio from Brazil, who was persecuted for being gay, and whose case IGLHRC had helped to document and win a year earlier, as part of an asylum project that supported immigration attorneys with documentation from around the world (remember, pre-internet!). In June of 1994, Attorney General Reno issued a binding memo elevating that case to a precedent-setting one, and from that moment on “membership in a particular social group” for asylum seekers included queer people in the United States. That milestone paved the way for tens of thousands of LGBTQ asylum seekers to flee persecution and begin safer lives in the U.S. A legal milestone that is now under attack. 

Lesson #3: thank your champions

A week after Reno issued her official Attorney General Order, I was on the phone with Barney and he asked me if I had sent my thank you letter to her yet. I had to admit that I hadn’t. An unforgettable cringe moment for me. I was quick to write my protest letters out in those pre-internet days. But didn’t yet understand the importance of writing thank-you notes to our political targets (or allies), when they actually do the things we ask them to do! 

Barney served on our International Advisory Board, together with over 30 other amazing leaders from around the world, including Harry Hay, the founder of the Radical Faeries. They couldn’t have been two more different types of gay men. But I took them both to Russia and earned their respect. In a complicated moment in our movement’s history, I was a spokesperson for the International Lesbian and Gay Association (ILGA), an international membership group for queer organizations around the world, and the only other major organization at the time that was working around the world. ILGA had submitted a controversial application to become an official observer to the UN as a non-governmental organization. The truth was, that ILGA — as a broad membership organization had actual pedophile organizations in the membership at the time. Since OutRight (then IGLHRC) was the “action secretariat” for ILGA, I spearheaded the campaign to create membership criteria that would eliminate NAMBLA and the other two similar Dutch groups that refused to distinguish between a two-year old and a 16-year old. Together with our then board members Judith Butler and Alex Chasin, we carefully crafted a nuanced position for OutRight that affirmed the rights of children to explore their sexuality, while opposing abuse of power and sexual exploitation by adults. We lost both Barney and Harry over that statement, and I had to take those difficult calls. 

Lesson #4: don’t get defeated by rejection

While Barney explained to me that he could not be associated with any position or organization that was in any way connected to the issue of pedophelia, he didn’t reject me personally or the work of the organization. He just needed to have his name removed from our advisory board. I was still crushed, but didn’t let it stop me from pursuing a more nuanced distinction between consensual sex and exploitation (such as elevating the Dutch model of allowing for consent within two years of each partner within those complicated years around emancipation, rather than an unfair system that can charge rape to an 18-year-old who is in a sexual relationship with a 17-year-old, for example. 

Lesson #5: pragmatism with principle

I started OutRight at the age of 25. I remember Barney saying to me over dinner one night in 1992 that I could do well in DC if I wanted to come and work on the Hill. He was complementing my willingness to find concrete, incremental steps towards equality, while understanding my deep passion for justice and full equality. I, on the other hand, was passionate about building the organization and making LGBTQ and HIV issues part of the larger human rights movement. But I held onto that complement for a long time, and it guided my work for many years. 

As much as I appreciated his compliment at the time, and have had an amazing career making incremental change, today, I fear that the age of “incrementalism” is over in the United States. Despite Barney’s last book and his final effort to hold onto a liberal institutionalist hope for our democracy, this moment calls on progressives to radically remake this unfair system. It’s not our time to retreat or rally behind Democrats who will not stand for much, much better. It’s our time to boldly envision, name, and work for the better country and world we so urgently need. We can argue over whether or not Barney was politically pragmatic or sold out the trans community back in 2007, when he removed gender identity in the draft legislation in order to get it passed the House. It caused a major split in the community’s support for the bill and he put it back in the legislation two years later, when it didn’t pass. Congress to this very day has never passed basic non-discrimination protections based on sexual orientation or gender identity. As Congressman Frank departs this world, I believe it is time for Urvashi Vaid’s vision of the world, another monumental advocate who we lost last year. Her vision was one of a more interconnected emancipation of all of our country’s citizens, not one identity group at a time. As we regress this quickly into authoritarianism, what do we have to lose by demanding the whole vision of liberation?

The last time I saw Barney, it was a few years back and he was signing books at a local LGBT event in San Francisco. He seemed so genuinely happy to see me and greeted me with a big hug. As we reflect and pay tribute upon his passing, I feel so grateful to have had my early leadership years mentored by the incomparable Congressman Barney Frank. 

Julie Dorf is the co-chair of the Council for Global Equality.

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Why this Black Pride, I ranked Janeese Lewis George #1 for D.C. mayor

Compliance is not a strategy for defending D.C.

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D.C. Council member Janeese Lewis George (Washington Blade photo by Michael Key)

Washington, D.C. is at a crossroads. In uncertain moments, voters are encouraged to lower expectations, choose familiarity over vision, and look for leaders who seem most willing to accommodate hostile federal power. That approach misunderstands this moment and what leadership requires.

I ranked Janeese Lewis George #1 for mayor.

As a Black gay man whose career has moved through law, policy, media, and movement work and has called D.C. home for 15 years, I have seen the difference between performative allyship and meaningful action. Too often, politicians treat LGBTQ communities as symbolic talking points. They show up for Pride, issue polished statements, and expect support without taking risks that improve our lives. Our vote should be earned through policy, consistency, relationships, and accountability.

That is one of the many reasons I trust Janeese.

A recent Blade column tried to define Janeese through guilt-by-association politics, treating a passing association with someone else’s comments as proof of her values. I wholly reject that framing. 

Coalition-building in a city as politically diverse and socially complex as D.C. will never be perfect. Anyone who has organized, legislated, or advocated understands that progress requires engaging people whose views or approaches may not align at every moment. The fair standard is a candidate’s values, priorities, judgment, and record.

Janeese’s record clears that standard. GLAA gave her a 10 out of 10, its highest possible rating. Capital Stonewall Democrats, the largest LGBTQ political organization in D.C., endorsed her by an overwhelming margin. Her platform shows a candidate who understands that LGBTQ safety depends on the ability to stay housed, access healthcare, protect bodily autonomy, and defend D.C.’s power to govern itself.

For a Black trans woman fighting eviction, safety starts with a lease she can keep. For a family with two dads choosing between medicine and a utility bill, freedom starts with a city willing to lower costs and stand up to greedy utility companies like Pepco and Washington Gas. For residents bounced between agencies, dignity starts with a government that can get help to people before crisis deepens.

Janeese’s campaign speaks to those conditions. She is running on tenant protections, affordable homes, lower utility costs, and a public safety plan that recognizes a problem residents already understand: D.C. has resources, yet too many people still get passed from agency to agency while their situation gets worse. She has also committed to rescinding the MPD order allowing local police to work with ICE. 

The above-mentioned Blade column spends little time on those stakes. Its energy goes toward attacking Janeese’s endorsers and casting suspicion on her people-first politics. The writer has previously said he becomes wary when the Working Families Party endorses a candidate because he sees the party as anti-business. That critique reveals anxiety about a candidate challenging the corporation-friendly consensus that has made D.C. harder for working people to survive in. Yet it doesn’t speak to the many workers of those businesses who support a mayoral candidate like Janeese.  

This election is also about how D.C. responds to Trump and federal overreach. Trump is not our mayor. The people of Washington, D.C. are. The argument that D.C. needs someone who can comfortably work with Trump sounds like preemptive surrender. There is little evidence that electing a more cautious Democrat would produce a respectful relationship with a president who has repeatedly treated D.C. residents as politically expendable.

D.C. needs a mayor willing to advocate for residents, defend the city’s interests, and resist attempts to bully or diminish the people who live here. Effective leadership requires negotiation. Negotiation from fear gives away power before the fight begins. Compliance is not a strategy for defending D.C.

Further, an ethics complaint against Janeese came with its own political baggage. City Paper reported that the nonprofit behind the complaint and investigation has a board member connected to a research firm her opponent’s campaign paid $20,000. Voters should weigh that connection against Janeese’s record and the LGBTQ organizations that have already vetted her.

This election will decide which communities are prioritized in D.C.’s future: working-class residents trying to stay in the city, or out-of-state elites treating D.C. like an investment portfolio. Black LGBTQ leadership carries responsibility here. Our communities know what it means to be praised in public and abandoned in budgets. We know the difference between symbolic allyship and policy that changes conditions.

I am ranking Janeese Lewis George #1 because, in this critical moment where inspiration is needed, Janeese is offering the kind of mayoral leadership D.C. needs. Black LGBTQ Washingtonians deserve a city we can afford, a government that works for people’s best interests, and leaders who will defend us.


Preston D. Mitchum is a D.C.-based policy consultant, attorney-activist, and television personality whose work focuses on the intersections of racial justice, democracy reform, health and gender equity, and LGBTQ+ rights.

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