#36: We're Here, We're Queer, Get Used to It! (Part 4)

On Pride and Presidential Proclamations

Pride Month Gets a Boost from the White House

In 1999, former President Bill Clinton issued the first Presidential Proclamation (Proclamation 7203) designating June “Gay and Lesbian Pride Month.”

Here’s the text of his Proclamation (bold text is added by me):

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Thirty years ago this month, at the Stonewall Inn in New York City, a courageous group of citizens resisted harassment and mistreatment, setting in motion a chain of events that would become known as the Stonewall Uprising and the birth of the modern gay and lesbian civil rights movement.

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SIDEBAR » Each of these citizens were actively breaking New York state laws related to liquor licensing, public indecency, disorderly conduct, and cross-dressing. In the 1960s, the state’s liquor laws prohibited bars from serving alcohol to gay patrons. Seeing a great business opportunity, the mafia stepped in and established numerous “gay bars,” like the Stonewall Inn, and simply ran them without liquor licenses. The “owners” kept the peace by extorting large sums of money from their patrons for the privilege of drinking on the town and by routinely paying the police to turn a blind eye, or at least tip them off, before raids so they could “get their ducks in a row,” so to speak. However, revenue from patrons alone was eventually so high that mobster Fat Tony, related to the Genovese crime family and Stonewall’s principal owner, stopped bribing police. As a result, he didn’t get a tip off before the now infamous June 28, 1969 raid.

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Gays and lesbians, their families and friends, celebrate the anniversary of Stonewall every June in America as Gay and Lesbian Pride Month; and, earlier this month, the National Park Service added the Stonewall Inn, as well as the nearby park and neighborhood streets surrounding it, to the National Register of Historic Places.

I am proud of the measures my Administration has taken to end discrimination against gays and lesbians and ensure that they have the same rights guaranteed to their fellow Americans.

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SIDEBAR » The phrase “gay rights” is used frequently, but without any explanation. What rights do straight Americans have that homosexual Americans do not? Does the term rights need a qualifier beyond human? When you hear a claim of rights for a certain group of people, carefull considering whether they’re actually talking about denial of rights or a denial, or lack of access to, a privilege. Rights aren’t granted by man, and they can’t be taken by man, on his own or via state power. They’re inherent. Rights also belong to everyone equally. Privileges, however, are conditional and usually applied unequally. For example, no one has the right to a driver’s license, but everyone who qualifies (age, skill, medical conditions) has the privilege of applying for a driver’s license. We confuse rights and privileges often.

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Last year, I signed an Executive order that amends Federal equal employment opportunity policy to prohibit discrimination in the Federal civilian work force based on sexual orientation. We have also banned discrimination based on sexual orientation in the granting of security clearances. As a result of these and other policies, gay and lesbian Americans serve openly and proudly throughout the Federal Government. My Administration is also working with congressional leaders to pass the Employment Non-Discrimination Act, which would prohibit most private employers from firing workers solely because of their sexual orientation.

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SIDEBAR » I’ll come back to the employment issue after I wrap gay marriage, since we now have a SCOTUS decision on point. Bostock v. Clayton, decided in 2020, was also a player during the Skermetti litigtion that just wrapped last week regarding restrictions of puberty-blockers and cross-sex hormones to treat gender dysphoria in minors.

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America's diversity is our greatest strength. But, while we have come a long way on our journey toward tolerance, understanding, and mutual respect, we still have a long way to go in our efforts to end discrimination. During the past year, people across our country have been shaken by violent acts that struck at the heart of what it means to be an American and at the values that have always defined us as a Nation.

In 1997, the most recent year for which we have statistics, there were more than 8,000 reported hate crimes in our country-almost one an hour. Now is the time for us to take strong and decisive action to end all hate crimes, and I reaffirm my pledge to work with the Congress to pass the Hate Crimes Prevention Act.

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SIDEBAR » Of these 8,000 reported hate crimes, how many resulted in charges, and how many in convictions? And how many were due to sexual-orientation? On another note, hate crimes are an interesting legal beast I’ve previously written about on my small column Jumping the Shark, which you can read here:

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But we cannot achieve true tolerance merely through legislation; we must change hearts and minds as well. Our greatest hope for a just society is to teach our children to respect one another, to appreciate our differences, and to recognize the fundamental values that we hold in common.

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SIDEBAR » True, we cannot compel acceptance of social change through legislation, or any government action? As for the fundamental values we hold in common, what exactly are those and how do they relate to Pride Month?

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As part of our efforts to achieve this goal, earlier this spring, I announced that the Departments of Justice and Education will work in partnership with educational and other private sector organizations to reach out to students and teach them that our diversity is a gift.

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SIDEBAR » Translation: “our diversity is a gift” means “heteronormativity is oppressive.”

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In addition, the Department of Education has issued landmark guidance (full document available below) that explains Federal standards against sexual harassment and prohibits sexual harassment of all students regardless of their sexual orientation; and I have ordered the Education Department's civil rights office to step up its enforcement of anti-discrimination and harassment rules. That effort has resulted in a groundbreaking guide that provides practical guidance to school administrators and teachers for developing a comprehensive approach to protecting all students, including gays and lesbians, from harassment and violence.

Sexual Harrassment Guidance - Education.

517KB ∙ PDF file

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ABSTRACT (March 13, 1997) This document contains the final policy guidance issued by the Assistant Secretary for Civil Rights, which is called the "Sexual Harassment Guidance." Sexual harassment of students is prohibited by Title IX of the Education Amendments of 1972. The guidance provides educational institutions with information regarding the standards that are used by the Office for Civil Rights (OCR), and information that institutions should use, to investigate and resolve allegations of sexual harassment of students by school employees, other students, or third parties. The document describes the purpose of the guidance, the process involved in developing the guidance, and a summary of comments on the peer-guidance and employee-guidance sections. The actual guidance discusses the applicability of Title IX; the liability of a school for sexual harassment; the definition of "welcomeness" (as it pertains to unwelcome conduct); the definition of "severe, persistent, or pervasive" (as it applies to hostile environment); school notice of a violation; procedures to be taken once a school has notice of possible sexual harassment; prompt and equitable grievance procedures; and First Amendment considerations.

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Since our earliest days as a Nation, Americans have strived to make real the ideals of equality and freedom so eloquently expressed in our Declaration of Independence and Constitution. We now have a rare opportunity to enter a new century and a new millennium as one country, living those principles, recognizing our common values, and building on our shared strengths.

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SIDEBAR » Clinton harkens back to the ideals articulated in our Declaration of Independence, specifically the alienable rights to life, liberty, and the pursuit of happiness, which necessarily includes ownership of private property. These rights are given through both divine and natural law, and none are denied to homosexuals. We are not divided over who gets inalienable rights and who doesn’t. What’s interesting though is in reading judicial opinions and legislative enactments rendered in support of “gay rights,” the authors inevitably, and usually overtly, reject both divine and natural law at the starting gate. So what’s the basis for their rights claims? It’s a little hard to follow the logic, but stay with me.

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Now, Therefore, I, William J. Clinton, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do thereby proclaim June 1999 as Gay and Lesbian Pride Month.

I encourage all Americans to observe this month with appropriate programs, ceremonies, and activities that celebrate our diversity, and to remember throughout the year the gay and lesbian Americans whose many and varied contributions have enriched our national life.

In Witness Whereof, I have hereunto set my hand this eleventh day of June, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-third.

WILLIAM J. CLINTON

Former President Clinton issued another proclamation in 2000, the final year of his presidency.

Obama Followed in Clinton’s Footsteps

Gilbert Baker w/ President Obama & the first Pride Flag (https://www.glbthistory.org/gilbert-baker)

In 2009, former President Barack Obama issued Proclamation No. 8387 expanding Gay and Lesbian Pride Month to include Bisexual and Transgender identities. He reissued the proclamation each year of his presidency. Despite campaigning on a commitment to traditional marriage, Obama changed course and came out in full support of gay marriage by the time the Supreme Court legalized same-sex marriage in Obergefell v. Hodges, a decision he praised in in his 2016 Pride Month Proclamation.

Here’s the text of his 2016 Proclamation (bold text added by me):

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Since our founding, America has advanced on an unending path toward becoming a more perfect Union. This journey, led by forward-thinking individuals who have set their sights on reaching for a brighter tomorrow, has never been easy or smooth. The fight for dignity and equality for lesbian, gay, bisexual, and transgender (LGBT) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society. They have spurred sweeping progress by changing hearts and minds and by demanding equal treatment -- under our laws, from our courts, and in our politics. This month, we recognize all they have done to bring us to this point, and we recommit to bending the arc of our Nation toward justice.

Last year's landmark Supreme Court decision guaranteeing marriage equality in all 50 States was a historic victory for LGBT Americans, ensuring dignity for same-sex couples and greater equality across State lines. For every partnership that was not previously recognized under the law and for every American who was denied their basic civil rights, this monumental ruling instilled newfound hope, affirming the belief that we are all more free when we are treated as equals.

LGBT individuals deserve to know their country stands beside them. That is why my Administration is striving to better understand the needs of LGBT adults and to provide affordable, welcoming, and supportive housing to aging LGBT Americans.

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SIDEBAR » Why do people who claim alternative sexual identities need affirmation from the country? Why do they need welcoming and supportive housing from the governmenty? Houses aren’t welcoming or supportive, but people are, right? What is unique about gay, bisexual, and transgender-identifying Americans’ needs for government-supported housing that isn’t also relevant to straight Americans who are also in need of government-supported housing?

Note that federal legislation making discrimination in housing illegal nationwide has been in place since the 1960s, beginning with the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Home Mortgage Disclosure Act of 1975, the Equal Credit Opportunity Act of 1976, and the Community Reinvestment Act of 1977. There are so many anti-discrimination laws and regulations, it’s impossible to keep up.

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It is also why we oppose subjecting minors to the harmful practice of conversion therapy, and why we are continuing to promote equality and foster safe and supportive learning environments for all students. We remain committed to addressing health disparities in the LGBT community -- gay and bisexual men and transgender women of color are at a particularly high risk for HIV, and we have worked to strengthen our National HIV/AIDS Strategy to reduce new infections, increase access to care, and improve health outcomes for people living with HIV.

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SIDEBAR » It was during Obama’s second term that talk about medical intervention for LGBT minors began to gain steam.

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Despite the extraordinary progress of the past few years, LGBT Americans still face discrimination simply for being who they are. I signed an Executive Order in 2014 that prohibits discrimination against Federal employees and contractors on the basis of sexual orientation or gender identity.

I urge the Congress to enact legislation that builds upon the progress we have made, because no one should live in fear of losing their job simply because of who they are or who they love. And our commitment to combatting discrimination against the LGBT community does not stop at our borders: Advancing the fair treatment of all people has long been a cornerstone of American diplomacy, and we have made defending and promoting the human rights of LGBT individuals a priority in our engagement across the globe. In line with America's commitment to the notion that all people should be treated fairly and with respect, champions of this cause at home and abroad are upholding the simple truth that LGBT rights are human rights.

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SIDEBAR » In what ways are LGBT people being treated unfairly? If some LGBT people are treated fairly, but others aren’t, is it their sexual orientation that’s driving the unfair treatment, or something else? Moreover, the government isn’t the arbiter of what’s fair or unfair, only what’s legal and illegal. Which rights are LGBT-identifying people being denied that straight people enjoy? And what makes a human right specifically an LGBT right, which would naturally not apply to straight people?

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There remains much work to do to extend the promise of our country to every American, but because of the acts of courage of the millions who came out and spoke out to demand justice and of those who quietly toiled and pushed for progress, our Nation has made great strides in recognizing what these brave individuals long knew to be true in their hearts -- that love is love and that no person should be judged by anything but the content of their character.

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SIDEBAR » If love is love and the only criteria for love is one’s character, why do we still limit legal recognition of “love” to two consenting adults? Is not man/boy love love? Is not woman/girl love love? Is not one man with multiple wives love? Or one woman with multiples husbands love? Or a whole cadre of people love? Are there any limiting principles?

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During Lesbian, Gay, Bisexual, and Transgender Pride Month, as Americans wave their flags of pride high and march boldly forward in parades and demonstrations, let us celebrate how far we have come and reaffirm our steadfast belief in the equal dignity of all Americans.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2016 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to eliminate prejudice everywhere it exists, and to celebrate the great diversity of the American people.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of May, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.

BARACK OBAMA

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If you scroll back through Obama’s proclamation, you’ll notice the emphasis I put (via bold text) on words like dignity, justice, equality, civil rights, and fairness. These have become heavily loaded terms, meaning they’re subject to multiple meanings that aren’t always easy to discern. Ask yourself …

• What is dignity?

• What is justice?

• What is equality? Equal opportunity? Equal result?

• What are civil rights? Are the alienable or unalienable, or both?

• What is fairness? Who decides?

There’s a lot to unpack in both of these proclamations, especially the assumptions about our nation’s founding philosophy; human identity, equality, and rights; the institutions of marriage and family; individual liberty, justice, and fairness; and, per Obama, global engagement.

I will begin to work through these in detail over the coming posts as we trace the legal path to Obergefell v. Hodges, the 2015 Supreme Court case that created a constitutional right not just to same-sex marriage, but to marriage, period, for the very first time.

Buckly up .. we’re going to court—in Massachusetts, circa 2003.

See you there!

xo,

Kelley

June 23, 2025