Opinions
What I learned from Barney Frank and a bit of queer history
Gay former Mass. congressman died May 19
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.
Opinions
Pro-trans court ruling does little for Naval healthcare worker
Trump administration should support accomplished service members
Following the start of the Iran war, many Americans were worried for the first time in decades about a potential draft. When asked about the possibility, White House Press Secretary Karoline Leavitt noted that it was not part of the current plans but that, “The president wisely keeps his options on the table.”
While the Trump administration did not rule out the option to conscript unwilling young citizens, it had no problem alienating willing service members, removing high-ranking female or African-American officers, and banning transgender people from serving in the military, stating that “a history of gender dysphoria is incompatible with the high physical, surgical, and mental health standards required for military service.”
The decision to discharge thousands of service members who have already proven their dedication and efficacy in serving their country, simply because of their gender identity, seems counterintuitive for a nation that has just struggled through a war, a regression toward a long past of discrimination in our military, and a ruling that has been questioned in judicial systems.
On June 1, the U.S. Court of Appeals for the D.C. circuit issued a decision blocking the government from discharging 28 transgender plaintiffs from the military (Talbott vs. United States), calling the policy “animus” toward a politically unpopular group. News outlets reported it as a win for LGBTQ rights, but that hardly seems to matter for the close to 15,000 other transgender military service members who have either already been separated or constantly fear that they will soon be removed.
I interviewed a recently separated transgender Naval healthcare worker for this editorial, who used the initial S. for anonymity and who told me that hearing the news of the Talbott court decision was more bitter than sweet, remarking, “While the recent ruling in favor of trans service members offers fleeting hope, Department of Defense Secretary Pete Hegseth has already announced the decision to appeal to the Supreme Court, where we will likely expect the same outcome as before. Unfortunately, any definitive outcome in favor of trans service members will likely come long after the damage has been done.”
Studies by the RAND Corporation have found that transgender military service showed no significant impact on operational readiness, and according to the BBC, the Department of Defense spends eight to 10 times more on erectile dysfunction drugs than on gender-affirming care.
S. served a critical role in the Navy, as active-duty service members are far more likely to experience mental health challenges than the civilian population, and it doesn’t sound like his gender identity was a problem for any of his coworkers: “Everyone judged me by my ability, not my identity; most of them didn’t know that I was transgender until the separation process forced my public acknowledgement.”
Dedicating years of his life to serving his country, not only did S. lose that dream, but it also impacted his entire caseload of clients. “One by one, I had to meet with them and explain that I was abruptly leaving the clinic and ultimately separating from military service. It was death by a thousand cuts—having to tell people back-to-back, session after session, that I could no longer work with them. Many of them were in the midst of their own crises while I was quietly navigating mine. It was heartbreaking.”
He also spent 11 months in a state of limbo, waiting to be officially separated – having secured a job at another federal agency and beginning to treat new patients, the Department of Defense rescinded its approval, citing that you cannot work at two federal agencies at once, and effectively sidelined a critical health care worker until they could formally discharge S. from the Navy.
The irony of citing mental health standards to remove a Naval healthcare worker in good standing, at a time when many personnel are in dire need of clinical care is notable. To maximize operational readiness, the Trump administration should not turn its back on accomplished service members who hold critical roles in the military.
Tyler Kania is an independent journalist and 2025 IAN Book of the Year finalist.
Opinions
Supreme Court ruling on trans athletes is a public health story
Justices label an entire group as ‘lesser’
On June 30, the Supreme Court ruled, 6-3 that states may bar transgender girls and women from girls’ and women’s sports teams. Justice Brett Kavanaugh wrote that states may keep these teams for “biological females” and set eligibility by “biological sex.” The country will now spend days arguing about fairness on the field. We’ll debate race times, records, and who has earned a place on the roster.
I want to redirect this conversation, because I study something different and because the frame we’ve settled on misses the something important.
I’m a public health researcher. My work focuses on how the conditions people live under get into the body and influence health over a lifetime. I’m talking about conditions such as laws, policies, and the everyday climate of acceptance or rejection.
Two features of this ruling deserve more attention than the sports fight is giving them: the lifelong costs even a “narrow” decision sets in motion, and the question the Court declined to decide.
Start with how a ruling like this reaches the body, because that pathway is what makes this a public health story. My area of research has a name for what laws like this do: structural stigma. It’s the way statutes and court rulings can mark an entire group as lesser, and in doing so become a chronic stressor for every member of that group.
The overwhelming majority of transgender kids will never compete for a state title. They still learned, from the highest court in the country, that their belonging is conditional. The stress that follows from that lesson is associated with higher rates of depression, anxiety, and poorer health across LGBTQ populations. A consistent finding in this literature is that social acceptance can disrupt such harmful trajectories. But this ruling pushes the country the other way.
I want to emphasize that the question of fairness is important, and the girls and women who raise it deserve to be heard. But the ruling does not resolve this question. It flattens it.
The science on athletic performance and gender transition is truly complicated and individual. It varies by sport, by person, by age, and by life circumstance. The Court grounded its decision in biological sex and then declined to reckon with what biology shows. The West Virginia teenager at the center of the case has been on puberty blockers since before male puberty began. The advantage the law claims to police never developed in her. A rule that treats her like an adult athlete disregards biology.
Here is the part a policy-minded reader should pay attention to. For decades, the central legal question about transgender Americans has been this: When the government treats transgender people differently, how good does its reason have to be? Courts don’t judge all discrimination in the same way. If a law sorts people by race or sex, the state must provide a strong justification, and many such laws fail. But if a law tries to draw an ordinary distinction, like who qualifies for a license, judges tend to wave it through as long as there’s a reasonable purpose. Whether a law singling out transgender people gets the skeptical look (what lawyers call heightened scrutiny) or the easy pass has not been settled. And this ruling, despite its subject, still did not settle it.
How did the Court avoid the question its own case raised? Following last year’s decision in Skrmetti (the gender-affirming care case), the Court described these laws as drawing lines by biological sex, not transgender status. Courts endorsed sex-separated teams long ago; separate teams are the reason girls’ sports exist. So a law framed as a “sex” line lands on ground the courts have already approved, while a “transgender” line would have forced the choice between the skeptical look and the easy pass. The Court chose the frame that let it stay silent.
That silence creates exposure for transgender people – and I mean that word the way my field of public health uses it, for a condition that puts a whole population at risk. The same unanswered question now hangs over health care, employment, identification documents, public accommodations, and every domain where the level of scrutiny is the whole ballgame. And the Court read Title IX, the federal law banning sex discrimination in schools, through the same lens: “biological sex,” full stop. Advocates are right to see protections far beyond sports as newly vulnerable.
This is where my own research makes me most uneasy. I study LGBTQ adults in their 60s, 70s, and 80s, who came of age in a far more hostile America. Their lives show that the cost of stigma accumulates. Chronic stress works its way under the skin and surfaces years and decades later. Researchers see these deleterious outcomes in mental health, in physical health, and in emerging research like my own that explores the aging brain. So we should understand this decision for what it is: a long-term health decision the country is making on behalf of a generation of children.
Practically, the ruling compels no state to do anything. It tells the more than two dozen states that have passed these bans that they stand on solid ground, and it sends the rest of the fight back to statehouses and school boards, where trans youth and their families often hold little power. The ruling arrives just over a year after the Court let states ban the medical care many of these same young people depend on. Each law is a single stressor. Together they are a dangerous environment.
We know what protects these children. Acceptance, inclusion, and the dignity of being treated as though they belong. The Court made all three harder to offer, and left open the question that determines how much harder it can get. It is the children who needed those protections who will bear the cost, this sports season and for the rest of their lives.
Harry Barbee, Ph.D., is an assistant professor at the Johns Hopkins Bloomberg School of Public Health where they study LGBTQ health, aging, and public policy.
Opinions
It’s good to see some justices standing up to Trump
But expanding the court is necessary to save our democracy
It was shocking to see some of the MAGA-loving majority on the Supreme Court actually voted against the felon in the White House a couple of times. Not surprisingly, Samuel Alito and Clarence Thomas were steadfast in their ultra-MAGA, outrageous views. They just want to help make Republican doctrine, which today means helping to make Project 2025 a reality, a success. They couldn’t care less about the Constitution. We can just imagine how they voted on the E. Jean Carroll case, where Trump has been trying to weasel out of his obligation to pay the woman he was convicted of committing sexual assault against. But we won’t know for sure since the Court simply denied hearing the case, so there was no recorded vote or dissent.
On what was a simple case, the constitutional principle of birthright citizenship, Chief Justice John Roberts, Amy Coney Barrett, and Brett Kavanaugh, actually voted to uphold the Constitution along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. But even then, Kavanaugh was only halfway there. But as could have been predicted, Alito and Thomas voted the other way, and this time were joined by Neil Gorsuch. Then on the question of trans women playing sports on a women’s team, the vote was 6-3 against, and you can figure out who the three were who went against the felon, and supported the women.
Interestingly, in the case of Mississippi and mail-in ballots, allowing those mail-in ballots to be counted up to five days after the election if they were postmarked by Election Day, Roberts and Coney Barrett went with the liberals. Once again, you knew before the vote where Alito and Thomas were, and in this case, they were joined by Kavanaugh and Gorsuch, trying to help Republicans steal the next election.
I have no love for Roberts, but it seems every so often he is trying to save his own reputation since all this is the Roberts court, as he is the chief justice. I have never known what to make of Coney Barrett, who has occasionally sided with the more liberal justices, to the consternation of Trump, who believed when he nominated her, she would always be with him. She mostly has, and he can be thankful she voted with the other slime bags, and granted him total immunity as president in the 2024 decision. In essence, placing him above the law. In so many ways the felon has acted using that immunity. We now see a blatant case of this with the release of his new financials, and his $2 billion windfall with crypto.
Roberts nearly always votes with the Trump judges, but if there is a decision that is so obviously a gift to the felon, Roberts every once in a while could go with the liberal wing of the court. We need to remember he was appointed by George W. Bush. But again, this court will always be known as the Roberts court, the one that bowed down to the felon in the White House, and his fascist aids like Stephen Miller, and the author of Project 2025, Russell Vought, at OMB.
So, what can we do to change this, and to fight back? The first thing is to elect a Democratic Congress in 2026, and then a Democratic president in 2028. Then those we elect will have to decide how to proceed. One answer to that question is simple. Vote to add more justices to the Supreme Court. That simply requires a bill to pass with a majority in both houses of Congress, and the president’s signature. To the surprise of many it has been done seven times since the court was created in 1789. There is no number of justices for the court stipulated in the Constitution. Yet it has remained at nine since 1869. Although that fix may sound easy if Democrats take over Congress and the White House, we must remember, Franklin Roosevelt tried in 1937 to expand the court by six justices to protect his New Deal programs. After a fight that lasted 168 days, the bill to do this was defeated. I fear any proposal to expand the court today, may actually have the same fate. There will be those who say it will divide the nation even further, and there will be a constant tit-for-tat on everything. The only way to win such a vote will be if enough people are convinced the felon and his gang of thieves, have so destroyed our democracy, that changing the court is a necessity if we are to save our democracy for the next 250 years.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
