National
Frank defends use of ‘Uncle Tom’ remark against Log Cabin
Says gay GOP group’s support for Romney hurts quest for LGBT equality
Rep. Barney Frank (D-Mass.) (Washington Blade photo by Michael Key)
Gay U.S. Rep. Barney Frank (D-Mass.) released a statement on Tuesday seeking to explain why he said during last week’s Democratic National Convention that Log Cabin Republicans use “Uncle Tom” as their “role model.”
R. Clarke Cooper, executive director of Log Cabin, a national gay GOP group, last week blasted Frank for using the Uncle Tom comparison, accusing Frank of “demonizing Republicans and undermining efforts at bipartisanship that would actually improve LGBT Americans’ lives.”
In an interview with the Washington Blade on Tuesday, Frank said that his use of the term, which he admitted was “very harsh,” was aimed at highlighting his belief that Log Cabin leaders were seriously jeopardizing the cause of LGBT equality by campaigning vigorously for a presidential candidate – Mitt Romney — who opposes and would take away policies supporting the rights of LGBT people.
“If you want to say economic issues are more important to me, that the Democrats are environmental extremists – if you want to say that’s why you’re voting for him and say and acknowledge that those issues are more important to them than LGBT issues,” Frank said he understands the logic of that.
“But my problem is when they say it is helpful to LGBT causes to vote for them,” he said.
Frank first invoked the “Uncle Tom” comparison to Log Cabin Republicans during an interview with gay radio host Michelangelo Signorile during the second day of the Democratic convention on Sept. 5. He reiterated the comparison the next day in a speech before the convention’s LGBT Caucus. Frank didn’t use the term during his speech before the full convention on the evening of Sept. 5.
In his own statement released on Sept. 5, Cooper said, “We expect this kind of bile from Barney, especially when it plays into the Obama campaign’s efforts to divide, distract and deceive the American people.”
Added Cooper, “Frank calls us ‘Uncle Toms’ and pretends that Log Cabin hasn’t been on the front lines of the fight for equality. The truth is, by speaking conservative to conservatives about gay rights, Log Cabin republicans are doing some of the hardest work in the movement, work that liberals like Barney are unwilling to do and couldn’t do if they tried.”
In his statement this week, Frank said, “I am not surprised that members of Log Cabin Republicans are offended by my comparing them to Uncle Tom. They are no more offended than I am by their campaigning in the name of LGBT rights to elect the candidate and party who diametrically oppose our rights against a president who has forcefully and effectively supported our rights.”
Frank says in his statement that Cooper and other Log Cabin officials have defended their support for Romney and other GOP candidates who don’t support LGBT rights by saying “they have succeeded in getting the Republicans to reduce the extent to which they denounce us.” He notes that Cooper says Rep. Paul Ryan (R-Wisc.), Romney’s vice presidential candidate, is willing to “engage” with gay Republicans.
“That is where Uncle Tom comes to mind,” Frank says in his statement. “They are urging people to vote for the anti-LGBT candidate over the most supportive LGBT candidate and platform imaginable because the ‘antis’ are calling us fewer names and are willing to talk to some of us,” Frank said.
“It is this willingness to acquiesce in a subordinate status as long as the masters are kinder in tone, although [not] in substance, that emulates Uncle Tom,” he said.
The full text of Frank’s statement of Sept. 11 follows.
WASHINGTON – Congressman Barney Frank today released the following statement as a follow-up to his recent comments during the Democratic National Convention about the Log Cabin Republicans.
I am not surprised that members of the Log Cabin Republicans are offended by my comparing them to Uncle Tom. They are no more offended than I am by their campaigning in the name of LGBT rights to elect the candidate and party who diametrically oppose our rights against a President who has forcefully and effectively supported our rights.
That is the first reason for my admittedly very harsh criticism. This election is clearly one in which there is an extremely stark contrast between the two parties on LGBT rights. The Democratic President and platform fully embrace all of the legal issues we are seeking to resolve in favor of equality. The Republican candidate for President and the platform on which he runs vehemently oppose us in all cases. On the face of this, for a group of largely LGBT people to work for our strong opponent against our greatest ally is a betrayal of any supposed commitment to our legal equality.
But my use of “Uncle Tom” was based not simply on this awful fact that they have chosen to be actively on the wrong side of an election that will have an enormous impact on our right to equality, both in fact and in the public perception of the popularity of that cause. If the Log Cabin Republicans – or their even more outlandish cousins, the oddly-named GOProud –were honestly to acknowledge that they let their own economic interests, or their opposition to strong environmental policies, or their belief that we need to be spending far more on the military or some other reason ahead of any commitment to LGBT equality, and on that ground have decided to prefer the anti-LGBT candidate to the supportive one, I would disagree with the values expressed, but would have no complaint about their logic.
The damaging aspect of the Log Cabin argument, to repeat the most important point, is that they may mislead people who do not share their view that tax cuts for the wealthy are more important than LGBT rights into thinking that they are somehow helping the latter by supporting Mitt Romney and his Rick Santorum platform.
It is a good thing for Republicans to try to influence other Republicans to be supportive of LGBT rights. The problem is when they pretend to be successful when they haven’t been, and urge people to join them in rewarding the Republicans when they have in fact continued their anti-LGBT stance. I have been hearing the Log Cabin Republicans proclaim for years that they were improving the view of that party towards our legal equality. In fact, over the past 20 years, things have gotten worse, not better. Most recently, on DOMA, when the House Republicans offered an amendment to reaffirm it, they voted 98% in favor of it, while Democrats voted more than 90% against the amendment. And it is not surprising that they have not been successful. Giving strong political support to people who are maintaining their anti-LGBT stance is hardly an effective strategy for getting them to change it.
The argument Mr. Cooper and the others in the Log Cabin Republicans have put forward in their defense is that they have succeeded in getting the Republicans to reduce the extent to which they denounce us, and, in Mr. Cooper’s phrase, the fact that Paul Ryan is “willing to engage” with gay Republicans. That is where Uncle Tom comes to mind. They are urging people to vote for the anti-LGBT candidate over the most supportive LGBT candidate and platform imaginable because the “antis” are calling us fewer names and are willing to talk to some of us. It is this willingness to acquiesce in a subordinate status as long as the masters are kinder in tone, although in substance, that emulates Uncle Tom.
I note Mr. Cooper points to a couple of Republicans as reasons for supporting that party and helping advance its anti-LGBT crusade. As to Representative Ryan, in addition to his “willingness to engage with them,” Mr. Cooper cites his vote for the Employment Nondiscrimination Act. In fact, Paul Ryan has an overwhelmingly anti-LGBT voting record, including opposition to the repeal of “Don’t Ask, Don’t Tell,” and a transgender-inclusive hate crimes bill, and support for a constitutional amendment not just to ban future same-sex marriages but to dissolve existing ones. It is true that on one occasion he voted for ENDA, but he did so only after voting minutes before for a Republican procedural maneuver – a motion to recommit the bill – which falsely invoked the specter that passage of ENDA would compel same-sex marriage and which, if it had passed, would have killed the bill. In other words, Paul Ryan has always voted against us, except for one occasion when he voted for us only after first trying to make the bill he theoretically supported inoperative.
Mr. Cooper also cites Susan Collins. She was very good on the question of “Don’t Ask, Don’t Tell.” But the argument that supporting Susan Collins advances LGBT rights ignores the fact that Senator Collins has twice defeated Democrats who were far more supportive of our issues than she was. And an example of that is the current referendum in the state of Maine on marriage. We have a very good chance of winning in Maine, and winning a referendum is important both for the substantive rights of the people in Maine and for the political point that it demonstrates. Unlike the two Democratic Representatives from Maine, Chellie Pingree and Mike Michaud, Susan Collins has been stubbornly silent. That is, in a state where marriage is on the ballot, and in a year in which she is not up for reelection, Senator Collins is withholding her support from us, unlike any Democrat who would have run against her. And remember, these are the best that the Log Cabin Republicans can cite.
Some have complained that in comparing the Log Cabin Republicans to Uncle Tom, I was ignoring the fact that they are nice. I accept the fact that many of them are nice – so was Uncle Tom – but in both cases, they’ve been nice to the wrong people.
ADDENDUM
Recent headlines in the Washington Blade make the point as clearly as I did. In the August 10th issue, a headline proclaims that the “Log Cabin seeks to purge anti-gay language from Republican [platform] document.” In the August 31st issue, another headline states that “Republicans affirm anti-gay views in platform, speeches.” In the September 7th issue, a third headline reports that “Democrats embrace marriage; hundreds of LGBT delegates take part.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
National
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Annual event aims to ‘inspire a lot of people to get active’
GLSEN will host its annual Respect Awards April 29 in New York, with guests including Miss Peppermint and Billy Porter.
Respect Awards director Michael Chavez said that the event will be moving.
“It will inspire a lot of people to get active and take action in their own communities and see how much more work there is to do, especially with all of the harmful things happening,” he said.
At the event, they will recognize the Student Advocate of the Year, Sophia T. Annually, GLSEN recognizes a student from around the country who is impacting their community.
“Sophia is doing incredible work advocating for inclusive sex education that is LGBTQ+ affirming, working with Johns Hopkins University to implement curriculum.” Chavez said.
Chavez calls the students that attend the Respect Awards the “biggest celebrities” of the evening.
“It is really important for the adults, both the allies and the queer folks, to hear directly from these queer youth about what it’s like to be in school today as a queer person,” he said.
GLSEN is a queer youth advocacy organization that has been working for more than 30 years to protect LGBTQ youth.
“GLSEN is all hands on deck right now, because our kids are under direct attack and have been for years now,” said actor Wilson Cruz.
Cruz is the chair of GLSEN’s National Board, which works to fundraise and strategize for the organization.
“I think we are fundamental to the education of LGBTQ students in school,” he said. “We advocate for more comprehensive support at the local, national, and federal levels so our students are supported.”
Chavez is one of the students that was impacted by this work. He led his school’s GSA organization and worked with GLSEN throughout his youth.
Cruz said Chavez is doing what he hopes today’s GLSEN students do in the future, which is pay the work forward.
“There’s nothing more powerful than people who have experienced the work that GLSEN does and then coming back and allowing us to expand on that work with each generation that comes forward,” he said.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.
According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.
She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.
At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.
“The male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),” according to the arrest report.
Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.
Victor Van Gilst, Dos Passos’s stepfather confirmed she was trans and experiencing homelessness.
“She had no chance to defend herself whatsoever. I don’t know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,” said Van Gilst.
“She has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,” he added.
The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged.
“The suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,” Miami Beach Mayor Steve Meiner said in a statement.
Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that “whenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.”
4th Circuit rules gender identity is a protected characteristic
Out in the World: LGBTQ news from Europe and Asia
Weekend brings two shootings in U Street, Dupont Circle areas
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Homeless transgender woman murdered in Miami Beach
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Argentina government dismisses transgender public sector employees
Mexican Senate approves bill to ban conversion therapy
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