National
Frank embraces title of LGBT rights pioneer
Retiring gay lawmaker talks ENDA, 2012 election

Retiring Rep. Barney Frank (D-Mass.) acknowledged on Tuesday his role as a pioneer for LGBT rights during a Washington news conference.
Asked by the Washington Blade whether he thinks characterizations of him following his retirement announcement as a gay rights pioneer are accurate, Frank replied, “Yeah, in the sense that I was the first person to volunteer that I was gay.”
Frank made the comments during a news conference on Capitol Hill following his announcement from the previous day that he won’t pursue a 17th term in the U.S. House. He took questions from Washington-area reporters after participating in a similar event on Monday in his home district in Massachusetts.
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Frank, 71, was first elected to Congress in 1980 and publicly came out as gay in 1987. The lawmaker was the second openly gay person to serve in Congress. The late Rep. Gerry Studds had come out as gay in 1983, but only after revelations emerged that he had an affair with a 17-year-old male page.
“My colleague Gerry Studds was first person courageously to acknowledge it,” Frank continued. “Before Gerry, a number of members of Congress had been caught in sexual activity that would have led people to infer that they were gay. As I recall, all of them announced that they were too drunk to remember what they were doing, which is an unusual description of one’s capacity to be drunk to remember things, but that’s what they said.”
On his own coming out, Frank continued, “I was the first to acknowledge being gay. …Ā I didn’t do it until I was 47. I was not the daring young man on the flying trapeze here.”
Among those dubbing Frank a “pioneer” for being openly gay as member of Congress decades ago was fellow gay U.S. Rep. Jared Polis (D-Colo.), who Monday in a statement called Frank “a groundbreakingĀ pioneerĀ and one of the most insightful, knowledgeable and humorous people ever to grace the halls of Congress.”
Over the course of the news conference, Frank took questions on matters including the sustainability of the financial reform law known as Dodd-Frank that he helped shepherd through Congress and into law last year and his oversight as House Financial Services Committee chairĀ of subprime mortgage lending that some say contributed to the 2008 financial crisis. However, the lawmaker also took a handful of LGBT-related questions.
Asked why ENDA hasn’t yet become law, Frank said the answer is “very simple” and pro-LGBT bills need Democratic majorities in both chambers of Congress and a Democratic administration to become law.
“The only way you can get any law passed that fights discrimination based on sexual orientation and/or gender identity is if you have a Democratic president, House and Senate,” Frank said. “Now, people don’t realize how rarely we’ve had that. We’ve had a Democratic president, House and Senate for four years out of the 32 I’ve been in Congress. We had it for the first two years under Bill Clinton and we had it for the first two years under Barack Obama.”
Under Clinton, Frank said Americans hadn’t evolved enough in terms of LGBT rights to pass ENDA, although he said LGBT rights were advanced by executive orders enabling LGBT government workers to have security clearances and allowing foreigners to claim asylum in the United States based on their LGBT status.
MORE IN THE BLADE: BARNEY FRANK’S LEGACY
Frank noted that hate crimes protection legislation and “Don’t Ask, Don’t Tell” repeal were able to pass during the 111th Congress. As for why ENDA wasn’t among those bills, Frank said a crowded schedule under which lawmakers worked on health care reform as well as the issue of transgender inclusion were factors.
Frank said the recently passed transgender workplace protections bill in Massachusetts could be a “model” for addressing transgender inclusion issues for ENDA in Congress because of the state law’s more limited scope omitting public accommodations.
“The Massachusetts Legislature just passed and the governor signed a bill that prohibits discrimination on people based on gender identity,” Frank said. “They already had one on sexual orientation. But it’s in employment; it does not include public accommodations. It avoids the whole issue of what happens in locker rooms and bathrooms.”
Frank added he thinks ENDA will become law when the Democrats have control of the White House and both chambers of Congress.
“Given the polarization of this issue and the extent to which the Republican Party has moved to a virtually unanimous overwhelmingly anti-LGBT position ā with some exceptions in the Senate on ‘Don’t Ask, Don’t Tell’ ā it’ll be the next time you get a Democratic House, Senate and president,” Frank said.
Frank also commented on the importance of having openly LGBT members of Congress, saying, “Personal factors mean a lot.” Frank’s departure could lead to a reduction in the number of openly gay members of Congress, although other candidates are in the running.
“Voting in the abstract on an issue is one thing,” Frank said. “Telling someone with whom you have had good personal relations that you think he’s inferior ā that’s harder. … If you believe we should be finishing the fight against … legal discrimination based on sexual orientation and gender [identity], it is important to have people who are gay or transgender or lesbian in the mix.”
As far as issues that weren’t LGBT-specific, Frank also responded to what he thought would happen to Congress after the 2012 election. He said Democrats could win control of both chambers of Congress, but he doesn’t believe Democrats would have sufficient seats for a “workable majority.”
“I don’t think we will have the unusual circumstances we had of having enough senators to almost break a filibuster,” Frank said. “I don’t think in either House you’re going to have workable majorities. I guess that’s the best way to put it. I think it’s very possible that we will have a Democratic majority, but I don’t think you’re going to see a workable congressional majority for the next two years in the House or the Senate.”
Frank also ruled out the possibility of being appointed as secretary of the Department of Housing & Urban Development.Ā Frank had earlier expressed interest in the position in a biography published in 2009.Ā If he had received such an appointment, he would have become the first openly gay Cabinet member.
“My hope that was that Obama would get elected, we would have four years under Obama’s presidency of Democratic control and we could establish some new housing programs,” Frank said. “We would establish some new housing programs and I would like to have the chance to administer them. Unfortunately, it didn’t work out.”
Frank continued that his “biggest disappointment” over his congressional career was that he didn’t advance rental housing programs over which HUD would have jurisdiction as much as would have liked.
“So the reasons that I would have liked to be secretary of HUD would be to administer programs that don’t exist,” Frank said.
Frank also followed up on comments he made Monday saying he “lived a good enough life to be rewarded by Newt Gingrich being the Republican nominee.” The former House speaker is currently the front-runner among the GOP presidential candidates, according to some polls.
The lawmaker said he “isn’t an expert on the Republican nominating process” but believes the rise of Gingrich is the result of dissatisfaction with former Massachusetts Gov. Mitt Romney, whom some consider the establishment candidate for the Republicans.
“I must say, when I saw the Sunday edition of the Union Leader endorse Newt Gingrich, I guess I channeled my grandmother, ‘From Joe McQuaid’s lips to God’s ears,'” Frank said. “It just seemed to me ā given the Freddie Mac thing, the marital difficulties, the other issues that he’s got, the fact that he was forced to pay a fine by the House of Representatives ā it just seemed to me unlikely. I guess, but, again, I’m not an expert on this, the distaste for Mitt Romney is so strong, it outweighs some of Gingrich’s problems.”
U.S. Supreme Court
Supreme Court to hear Md. religious freedom case on Tuesday
Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parentsā religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.
Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā
Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.
The plaintiffs ā Tamer Mahmoud, Enas Barakat, and other parents ā argue āthe storybooks were chosen to disrupt ācisnormativityā and āeither/or thinkingā among students.ā
āThe board’s own principals objected that the curriculum was ānot appropriate for the intended age group,ā presented gender ideology as āfact,ā āsham[ed]ā students with contrary opinions, and was ādismissive of religious beliefs,āā according to the petition on the Supreme Courtās website.
The petition goes further, saying the parents are ānot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parentsā religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced āto change their religious beliefs or conduct.āā
The Coalition for Inclusive Schools and Communities, an organization that aims to bring together āadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā will participate in the āRally for Inclusive Educationā rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.
āInclusive education isnāt just a value ā itās a necessity,ā said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. āThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right ā and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā
The Coalition for Inclusive Schools and Communities says the rally is a ānonpartisan community gathering rooted in education, advocacy, and solidarity.ā
āThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā it said.
The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Womenās Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.
National
EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality
A4TE formed last year when two transgender rights groups merged

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.
The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.
āNow that weāve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, itās time for me to take my next step,ā said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. āWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. Iām proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, Iām now ready to move on to my next chapter.ā
Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”
“With my background in persuasion and messaging, itās where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”
Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.
āWe thank Rodrigo for his years of dedicated leadership and service,ā said Marra. āA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.āĀ
Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.
“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. Iāve always felt deeply supported and heard by him, which is something I value deeply.ā
āI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle.
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayās court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
āThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
āBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā
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