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The Irrepressible Frank Kameny (In the words of Randy Shilts)

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On October 12, 2011, 86 year-old Frank Kameny died. It cannot be overstated what an incredibly brave man he was, and the extent to which the modern gay rights movement in the United States rests firmly on his shoulders.

In 1993, Steve Campbell and I had the pleasure of interviewing Mr. Kameny on video in his home in Washington DC (which I will optimize for the web and post in days to come), for the CD ROM version of “Conduct Unbecoming: Gays & Lesbians in the U.S. Military. Randy Shilts’ epic masterpiece of investigative journalism remains the ultimate history of gays in the military up until Don’t Ask, Don’t Tell.

On July 14, 2011, California Governor Jerry Brown signed into law the Fair, Accurate, Inclusive and Respectful (FAIR) Education Act, authored by Senator Mark Leno, to amend the Education Code to include social sciences instruction on the contributions of lesbian, gay, bisexual and transgender (LGBT) people. Despite the hysterical outcry from homophobes and those who would deny historical accuracy (much like they do science), Frank Kameny’s contributions to civil society, not just gay rights, should be taught and acknowledged with the same respect and accuracy as Malcolm X or Susan B. Anthony.

Frank Kamney was an activist’s activist. The Thomas Jefferson of Gay Liberation. In the excerpts below, Shilts captures just a glimpse of who Frank Kameny was, what he stood for, and what he achieved. 

Clinton Fein

UNTIL 1959, DR. FRANKLIN KAMENY had been a happy, eccentric scientist performing his tasks in observational astronomy for the Army Map Service. He had a doctorate in astronomy from Harvard, and everyone agreed that he was very good at what he did, but this made no difference when his boss called him in and told him he was fired because he was a homosexual, since under the rules of the Civil Service Commission no homosexual could work for the United States government. Kameny had never demonstrated much of a political bent in the past, but as a man of science he was devoted to reason and could not fathom how his behavior in the privacy of his bedroom affected his job as a government astronomer. An intellectual, he was also not about to suffer fools gladly. Rather than quietly accept the termination and seek employment elsewhere, he decided to fight.

For the next two years, Kameny labored over his petition for certiorari, or a request of review by the Supreme Court. He developed legal arguments against the government’s action and formulated his own ideas about what would later be called gay liberation. In March 1961, when the high court turned down his petition, he began to seek out organizations championing homosexual rights. He found only five or six of them in the country. He soon set up his own group, the Washington chapter of the Mattachine Society. From that moment on, he had three goals: to end the Civil Service’s ban on gays working for the government, to end discrimination against homosexuals seeking security clearances, and to end the exclusion of gays from the military.


 

BY THE TIME TECHNICAL Sergeant Leonard Matlovich appeared at Frank Kameny’s two-story brick house a half block from the Potomac River, he had already confided that he was indeed the “friend” for whom he had placed the phone call several months earlier. Kameny’s enthusiasm built as Matlovich recounted his military resume. The man held the Bronze Star, a Purple Heart, two Air Force commendation medals, and a recent Air Force Meritorious Service Medal, had done three tours in Vietnam, and had altogether eleven years of unblemished service. Central casting could not have provided a better test case to take to the Supreme Court. Kameny, however, was no lawyer. Fortunately, a former Air Force lawyer had already volunteered for the job.


 

Matlovich’s decision to fight the military’s exclusion of gays came as he settled into a new routine within the huge array of military bases around the Norfolk area, the region locals called Hampton Roads. At night military men with their telltale short haircuts and without the longish sideburns fashionable in the posthippie era packed the local gay bars. For the first time, Matlovich could socialize with other gay military people, but when he spoke of challenging the regulations he found that such talk genuinely frightened many of his new friends.

Matlovich would not be deterred, however, even though he dreaded both the moment when he would tell the Air Force he was gay and the inevitable aftermath of telling his parents. Still, he felt he had no other choice. For years, he had spoken about the need for the United States to attain justice and equality for all its citizens. Now, he had actually begun to believe it.


 

With Washington activist Frank Kameny, [Bruce] Voeller aggressively lobbied both the American Psychiatric Association and the federal Civil Service Commission to make what would be historic changes in their antigay policies. He also began cultivating relationships with national news organizations, believing media exposure, not radical confrontations, was the better means of educating the country about gay injustices.

 

 

MEMORIAL DAY, 1980
TOMB OF THE UNKNOWN SOLDIER
ARLINGTON NATIONAL CEMETERY
ARLINGTON, VIRGINIA

GAY ORGANIZER FRANK KAMENY had made it clear that if the Army did not grant permission to lay his wreath on Memorial Day, he would do it, anyway–even if he got shot in the process. But it was White House intervention and Allison Thomas’s persistence that finally moved the Army to accede just days before the scheduled ceremonies.

On the morning of the wreath laying, three high-ranking civilian officials from the Department of the Army stood at the ready to make sure the gay activists did not instigate a subversive act, and a squad of armed military police waited out of sight in the tunnel complex beneath the tomb. At the appointed time, Kameny and a handful of other members of the Gay Activists Alliance stepped solemnly down the wide marble staircase to the broad plaza where the Tomb of the Unknown Soldier sits, its pilastered facade facing Washington. From the tunnels below the staircase, an honor guard in Army dress blues emerged with the wreath into the plaza.

This was not a great turning point in the history of the United States, Kameny knew, but it was a small victory. He had known gay men who had died for their country in World War II and in the Korean and Vietnam wars, and he would be damned if they would be denied this honor any longer.

Being a stickler for detail, however, Kameny also noticed the difference between the Gay Activists Alliance commemoration and the others.

While every other group was announced before it placed its wreaths, no announcement was made for the gay activists. And Kameny noticed someone had placed a spray of flower petals to cover the word Gay, so their identifying ribbon read Activists Alliance. And although the wreaths remained on the tomb until it was time for the next ceremony, the gay wreath was gone by the time Kameny and his friends reached the top of the stairs on their way out.

Not long afterward, Kameny received a phone call from a stranger who asked whether he and his lover might pay Frank a visit. As the grand old man of Washington’s gay community, Frank was accustomed to such cryptic requests, and when the couple arrived Kameny recognized one of them as part of the Old Guard that had handled the ceremonies that day. He was here to thank Kameny for the wreath. There were a lot of people in uniform that day, he said, who appreciated what Frank had done.

Copyright 1995-2011 Innoventions, Inc. All rights reserved. Copyright 1993 Randy Shilts. Copyright 1994 Estate of Randy Shilts. All rights reserved. Published by arrangement with St. Martin’s Press.

Clinton Fein is an internationally acclaimed author, artist, and First Amendment activist, best-​known for his 1997 First Amendment Supreme Court victory against United States Attorney General Janet Reno. Fein has also gained international recognition for his Annoy​.com site, and for his work as a political artist. Fein is on the Board of Directors of the First Amendment Project, “a nonprofit advocacy organization dedicated to protecting and promoting freedom of information, expression, and petition.” Fein’s political and privacy activism have been widely covered around the world. His work also led him to be nominated for a 2001 PEN/Newman’s Own First Amendment Award.

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OPINION

‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

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U.S. Rep. Jared Moskowitz (D-FL) is mocking House Oversight Committee Chairman Jim Comer over a CNN report revealing the embattled Kentucky Republican who has been alleging without proof President Joe Biden is the head of a vast multi-million dollar criminal bribery and influence-peddling conspiracy, has given up trying to impeach the leader of the free world.

CNN on Wednesday had reported, “after 15 months of coming up short in proving some of his biggest claims against the president, Comer recently approached one of his Republican colleagues and made a blunt admission: He was ready to be ‘done with’ the impeachment inquiry into Biden.” The news network described Chairman Comer as “frustrated” and his investigation as “at a dead end.”

One GOP lawmaker told CNN, “Comer is hoping Jesus comes so he can get out.”

“He is fed up,” the Republican added.

Despite the Chairman’s alleged remarks, “a House Oversight Committee spokesperson maintains that ‘the impeachment inquiry is ongoing and impeachment is 100% still on the table.'”

RELATED: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

Last week, Oversight Committee Ranking Member Jamie Raskin (D-MD) got into a shouting match with Chairman Comer, with the Maryland Democrat saying, “You have not identified a single crime – what is the crime that you want to impeach Joe Biden for and keep this nonsense going?” and Comer replying, “You’re about to find out.”

Before those heated remarks, Congressman Raskin chided Comer, humorously threatening to invite Rep. Moskowitz to return to the hearing.

Congressman Moskowitz appears to be the only member of the House Oversight Committee who has ever made a motion to call for a vote on impeaching President Biden, which he did last month, although he did it to ridicule Chairman Comer.

It appears the Moskowitz-Comer “bromance” may be over.

Wednesday afternoon Congressman Moskowitz, whose sarcasm is becoming well-known, used it to ridicule Chairman Comer.

“I was hoping our breakup would never become public,” he declared. “We had such a great thing while it lasted James. I will miss the time we spent together. I will miss our conversations. I will miss the pet names you gave me. I only wish you the best and hope you find happiness.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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OPINION

‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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The U.S. Supreme Court heard oral arguments in a case centered on the question, can the federal government require states with strict abortion bans to allow physicians to perform abortions in emergency situations, specifically when the woman’s health, but not her life, is in danger?

The 1986 federal Emergency Medical Treatment and Active Labor Act (EMTALA), signed into law by Republican President Ronald Reagan, says it can. The State of Idaho on Wednesday argued it cannot.

U.S. Solicitor General Elizabeth Prelogar, The Washington Post’s Kim Bellware reported, “made a clear delineation between Idaho law and what EMTALA provides.”

“In Idaho, doctors have to shut their eyes to everything except death,” Prelogar said, according to Bellware. “Whereas under EMTALA, you’re supposed to be thinking about things like, ‘Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?’ ”

READ MORE: Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

Attorney Imani Gandy, an award-winning journalist and Editor-at-Large for Rewire News Group, highlighted an issue central to the case.

“The issue of medical judgment vs. good faith judgment is a huge one because different states have different standards of judgment,” she writes. “If a doctor exercises their judgment, another doctor expert witness at trial could question that. That’s a BIG problem here. That’s why doctors are afraid to provide abortions. They may have an overzealous prosecutor come behind them and disagree.”

Right-wing Justice Samuel Alito appeared to draw the most fire from legal experts, as his questioning suggested “fetal personhood” should be the law, which it is not.

“Justice Alito is trying to import fetal personhood into federal statutory law by suggesting federal law might well prohibit hospitals from providing abortions as emergency stabilizing care,” observed Constitutional law professor Anthony Michael Kreis.

Paraphrasing Justice Alito, Kreis writes: “Alito: How can the federal government restrict what Idaho criminalizes simply because hospitals in Idaho have accepted federal funds?”

Appearing to answer that question, Georgia State University College of Law professor of law and Constitutional scholar Eric Segall wrote: “Our Constitution unequivocally allows the federal gov’t to offer the states money with conditions attached no matter how invasive b/c states can always say no. The conservative justices’ hostility to the spending power is based only on politics and values not text or history.”

Professor Segall also served up some of the strongest criticism of the right-wing justice.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

He wrote that Justice Alito “is basically making it clear he doesn’t care if pregnant women live or die as long as the fetus lives.”

Earlier Wednesday morning Segall had issued a warning: “Trigger alert: In about 20 minutes several of the conservative justices are going to show very clearly that that they care much more about fetuses than women suffering major pregnancy complications which is their way of owning the libs which is grotesque.”

Later, predicting “Alito is going to dissent,” Segall wrote: “Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.”

Taking a broader view of the case, NYU professor of law Melissa Murray issued a strong warning: “The EMTALA case, Moyle v. US, hasn’t received as much attention as the mifepristone case, but it is huge. Not only implicates access to emergency medical procedures (like abortion in cases of miscarriage), but the broader question of federal law supremacy.”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

 

 

 

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Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

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Hours before his attorneys would mount a defense on Tuesday claiming he had not violated his gag order Donald Trump might have done just that in a 12-minute taped interview that morning, which did not air until later that day. It will be up to Judge Juan Merchan to make that decision, if prosecutors add it to their contempt request.

Prosecutors in Manhattan District Attorney Alvin Bragg’s office told Judge Juan Merchan that the ex-president violated the gag order ten times, via posts on his Truth Social platform, and are asking he be held in contempt. While the judge has yet to rule, he did not appear moved by their arguments. At one point, Judge Merchan told Trump’s lead lawyer Todd Blanche he was “losing all credibility” with the court.

And while Judge Merchan directed defense attorneys to provide a detailed timeline surrounding Trump’s Truth Social posts to prove he had not violated the gag order, Trump in an interview with a local television station appeared to have done so.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

The gag order bars Trump from “commenting or causing others to comment on potential witnesses in the case, prospective jurors, court staff, lawyers in the district attorney’s office and the relatives of any counsel or court staffer, as CBS News reported.

“The threat is very real,” Judge Merchan wrote when he expanded the gag order. “Admonitions are not enough, nor is reliance on self-restraint. The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well. Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

Tuesday morning, Trump told ABC Philadelphia’s Action News reporter Walter Perez, “Michael Cohen is a convicted liar. He’s got no credibility whatsoever.”

He repeated that Cohen is a “convicted liar,” and insisted he “was a lawyer for many people, not just me.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Since Cohen is a witness in Trump’s New York criminal case, Judge Merchan might decide Trump’s remarks during that interview violated the gag order, if prosecutors bring the video to his attention.

Enter attorney George Conway, who has been attending Trump’s New York trial.

Conway reposted a clip of the video, tagged Manhattan District Attorney Bragg, writing: “cc: @ManhattanDA, for your proposed order to show cause why the defendant in 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘛𝘳𝘶𝘮𝘱 should not spend some quiet time in lockup.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of “hush money” to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which experts say is election interference.

Watch the video below or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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