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October 11th, 2007

Grow A Conscience! Then…A Brain. Please.

According to Pam’s House Blend, Barney Frank will go to the floor of congress today , and launch a blistering attack on "militant, committed, ideologically driven believers in purity". 

Now, this is the issue: Does a political party say to its most militant, committed, ideologically driven believers in purity that they have a veto over what the party does? And I say that procedurally because substantively I agree with them. I have spoken on this floor and in committee for including people of transgender. I have argued that with my colleagues in private. I have argued that with the Democratic Caucus. But I also believe that I have a broader set of responsibilities than to any one group and my job is to advance the moral values that I came here to advance as far and as fast as I can and not voluntarily to withhold an advance because it doesn’t meet somebody’s view of perfection. And the question is, how do we relate to those people? And it has become an increasing problem for both parties.

Frankly, until recently I have felt that one of the advantages we Democrats have had over our Republican colleagues is that we were more willing to be responsible, less susceptible to the most committed minority of our party having a veto. I think from the days of Terri Schiavo and before and since, the Republican Party has suffered from that. I don’t want the Democratic Party to suffer from it. Not because I want to protect the Democratic Party as an end in itself, but because the Democratic Party is the means by which these values I care about are most likely to be advanced.

And let me talk about this ideological faction that we have. There are some characteristics that they have that I think led them to this profoundly mistaken view that the greatest single advance we can make in civil rights in many, many years would somehow be a bad thing because it would only include millions of people and leave some hundreds of thousands out. And I want to include those hundreds of thousands. I have done more to try to include them than many of the people who say we should kill the whole thing, but I don’t understand how killing the whole thing advances that.

But here are some of the characteristics: first of all, they tend to talk excessively to each other. One of the things when you are in this body is you talk to people all over the country. You talk to Members of Congress from every State. And I have this with people who can’t understand why I am not introducing legislation to impeach the President and the Vice President, and I find that this is a characteristic that these are people who do not know what the majority thinks, who do not understand the depths of disagreement with their positions on some issues. And that doesn’t mean a majority that says George Bush is wonderful. That isn’t there anymore, but a majority who would be skeptical of impeachment.

But let me get back to this. There are people who talk excessively to each other. They don’t know people of other views.

There is another characteristic of these people who are so dedicated. They do not have allies. You can take an elected official who has been with one of these groups day after day for years, but let that individual once disagree, and it’s a betrayal. It’s a failure of moral will. And lest anyone think I am here being defensive about myself, let me be very clear: I will be running for reelection again. The likelihood that I will be defeated by someone who claims that I am insufficiently dedicated to protecting people from discrimination based on sexual orientation seems to me quite slender. I am not worried about my own situation, and let me also say that I have said that my colleagues suffer sometimes from the unwillingness to tell people bad news. It has been suggested that I may suffer from the opposite direction. It’s not that I like telling people bad news, but I do think that you should when you have to.

I am not worried about myself, but here is what I’m worried about: I am worried about people from more vulnerable districts because not only do people talk only to themselves and not understand the differences that exist and not accept anybody’s bona fides ever, that they will turn on anybody the first time there is an honest disagreement, but there is also the single-issue nature. That is, there are people who say, okay, you know what, I don’t care about your survival to fight for any other issue.

I’ll say this…you have to admire the chutzpah of a man who argues that he has "a broader set of responsibilities than to any one group" while defending a bill that protects only the group he belongs to, and not the broader set of sexual minority groups that it used to.   You have to admire the chutzpah of a man who cites his minority rights credentials, while arguing that the people he’s culling out of a civil rights bill don’t matter as much, because they’re a smaller minority.  But you Really have to admire the chutzpah of a man who is willing to state flatly that the job security of his fellow democratic congressmen is more important to him then then the job security of the people he’s culling out of his anti-discrimination bill.

This business about people with "no allies" who "talk excessively to each other" and bitch about being betrayed over an "honest disagreement" stinks like a cesspool.  This is the language the gentleman bigots use to paint gay people as a militant pressure group for wanting equal rights, equal opportunity and access to marriage.  They call us a threat to children and families, they call us disrupters of military cohesiveness, they call us disease spreading sexual deviants, they say we’re offensive to god almighty, and when we call them on their cheapshit bigotry they reply that they’re being viciously attacked for disagreeing with us.  That’s called begging the question.  What is the nature of the disagreement Barney? 

You are betraying them Barney.  And in doing that, you are betraying all of us.  You’re selling them out, and in the process, cheapening our many many years of hard, bitter struggle.  This wasn’t for fairness.  It wasn’t for equality.  It wasn’t for justice.  It was just for Getting Ours.  That’s what you’ve turned our struggle into.  Jackass.

Yes you drooling moron, you have a broader responsibility.  You have a responsibility to All Americans.  Not just Some Americans.  Not just Your Kind Of Americans.  You have a responsibility to America.  To what America stands for.  Or…used to anyway.  The American Dream?  Liberty and Justice For All?  That stuff?  Remember it?

Here’s what that militant, committed, ideologically driven American Civil Liberties Union has to say about Barney Frank’s new ENDA

Members of the House of Representatives recently threatened to hold a vote on a bill that would cut from the Employment Non-Discrimination Act the people who most need its protections. There is no better example of the reason we need a transgender-inclusive ENDA than Diane Schroer, a highly-decorated veteran who transitioned from male to female after 25 years of distinguished service in the Army. Diane interviewed for a job as a terrorism research analyst at the Library of Congress, and accepted the position, but the job offer was rescinded when she told her future supervisor that she was in the process of gender transition.

The ACLU does not support an employment discrimination law that covers sexual orientation but not gender identity, for two reasons. First, the sexual orientation only bill may well not even do what its sponsors want. Because it currently defines sexual orientation as “homosexuality, heterosexuality and bisexuality,” there is still a serious risk that employers may get away with claiming they fired women because they are too masculine and men because they are too feminine. There is a serious risk courts will say the definition only covers who you have a relationship with, and not stereotypes that only apply to some gay people. If that sounds far fetched, we’ve been watching courts do just this in disability and marital status discrimination cases. And courts have already said that harassing someone over perceived masculinity or femininity is not sex discrimination if the prejudice stems from sexual orientation. We have been warning members of Congress about this problem for over four years.

But the more important reason to oppose excluding gender identity and expression is this: We truly do believe that discrimination based on sex, sexual orientation, and gender identity and expression are not mutually exclusive. They are all based on beliefs about what is or is not appropriate for men and women; what jobs are appropriate, what relationships are appropriate, what kind of personal and public identity is appropriate. It makes no sense to split them apart.

No one is more aware than the ACLU that compromise is a critical part of the legislative process, and that change in a large republic is almost always incremental. But a compromise that cuts out some of the community, as a group, as opposed to one that cuts out some employers or some situations, is wrong. It would create the belief that this is a less worthy group of LGBT people, something that doesn’t happen when you leave people who work for small employers uncovered (something most civil rights laws do). There has been plenty of compromise in ENDA. It allows employers to keep same-sex partners out of health plans. It doesn’t apply to the military. But some bargains are just not worth it. Cutting out people who have been on the front lines of the LGBT movement is not a concession we should make.

Matt Coles
Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project

Why I’m a card-carrying member.  You think the ACLU is an extremist pressure group Barney?  Well walk across the isle and shake John Boehner’s hand Barney, because without a doubt he believes that too. 

Barney Frank wants to pass an EDNA and he doesn’t care if it leaves some members of our community (Yes John Aravosis, Our community…) in the dust.  He doesn’t even really care if it really protects the people he claims it will.  How does this make any sense?  Because it’s got his name on it, that’s how.  Frank wants his name in on the first ever federal law banning discrimination against gay people, and never mind whether or not it actually does that.  It’s not for the community…it’s for posterity.

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