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Frank ‘troubled’ by process of naming interim senator

Gay former lawmaker passed over for role

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Rep. Barney Frank said he wished being LGBT would weigh more as a diversity factor (Blade file photo by Michael Key)

Rep. Barney Frank said he wished being LGBT would weigh more as a diversity factor (Blade file photo by Michael Key)

Former Rep. Barney Frank said he wishes consideration of being LGBT would have been weighed more heavily as a diversity factor in the decision to appoint an interim U.S. senator from Massachusetts.

In a brief interview with the Washington Blade on Wednesday, Frank said he didn’t want to discuss his personal feelings about Gov. Deval Patrick (D-Mass.) passing him over for the role in favor of former chief of staff William “Mo” Cowan, but noted he was “eager to get in and work on the issues.”

“But let me tell you, there was one thing that sort of troubled me in the discussion about it — nobody was particularly quoted; they attributed something to governor’s office and others — was that the governor would want to appoint someone who’s either a minority or a woman,” Frank added. “And what troubled me is the question of LGBT people was just kind of swept out. I’ve never asked for any appointment based on me being gay, but when they begin talk about the importance of diversity and leave us out, that troubles me.”

While Cowan’s appointment was hailed a milestone for diversity in terms of race because he’s black, Frank said the lack of attention to being LGBT as a diversity factor suggests those involved with the decision were unaware of President Obama’s inaugural address in which he mentioned the 1969 Stonewall riots in the same line as other iconic civil rights moments.

“It’s almost as if some people didn’t listen to the president when he said, ‘Seneca, Stonewall and Selma,’ and didn’t hear the Stonewall part,” Frank said.

Additionally, Frank said he thinks being first the person in the Senate who’s in a same-sex marriage would have had an impact on other senators.

“Just as it was in the House, I think being a same-sex married couple in the Senate could have took an important lesson home to some of them,” Frank said.

Patrick’s office didn’t immediately respond to a request to comment.

The former lawmaker was public about his interest in the position of interim U.S. senator, telling the Boston Globe he believes his experience in finance would be beneficial as the Senate takes on budget issues.

Frank said he met Cowan a couple of times when they were working together on a project for Massachusetts’ 4th congressional district, but doesn’t know him well enough to evaluate whether he’d be a good interim senator.

“I don’t know him well,” Frank said. “I assume anybody is going to vote a particular way in Massachusetts. I don’t know him well enough to be able to judge.”

After announcing he was interested in the interim position, Frank reversed himself on earlier opposition to the appointment of former Sen. Chuck Hagel as defense secretary based on 1998 anti-gay comments made against James Hormel and came out in support of the nomination. Hagel’s confirmation hearing is Thursday.

Even though he was passed over for the interim job, Frank said he’s still supportive of Hagel based on a desire to end the war in Afghanistan and reduce the military budget, despite those anti-gay remarks.

“I don’t think there’s any excuse for it; I wish Obama had appointed somebody else,” Frank said. “I guess what I have to say about Hagel, there’s an old Arab proverb, I’m told, “The enemy of my enemy is my friend.” That makes Hagel my friend-enemy. My unhappiness over his bigoted comment is outweighed by the substance today of whether or not we pull out of Afghanistan and cut the military budget.”

Frank also had positive things to say about President Obama’s gay inclusion in the inaugural address, calling it a “victory lap” after Obama’s earlier endorsement of same-sex marriage and victory at the polls.

“When he did that, it was both a celebration and a reinforcement for the future,” Frank said.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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