Civil Rights (LGBT)

Essay

Black and white photograph of three men picketing for gay rights in front of Independence Hall.
Pickets march in front of Independence Hall on July 4, 1965. (New York Public Library)

In the second half of the twentieth century, a growing number of lesbian, gay, bisexual, and transgender (LGBT) Americans claimed political rights as people whose same-sex desire or gender presentation challenged prevailing social mores. As movements for African American, Latino American, and women’s rights gained traction and visibility, so too did movements for LGBT civil rights. In this context, LGBT activists in Greater Philadelphia pressed for the extension of the rights and protections that would signal their inclusion in American society. By the time the Supreme Court legalized same-sIn the second half of the twentieth century, a growing number of lesbian, gay, bisexual, and transgender (LGBT) Americans claimed political rightsex marriage in the landmark case of Obergefell v. Hodges in 2015, LGBT Philadelphians could point to victories at the local and state levels, achieved through a combination of theatrical protest and political advocacy. At the same time, however, Pennsylvania lagged behind New Jersey, Delaware, and other northeastern states in the civil rights afforded to LGBT residents.

Displays of homosexual affection and cross-dressing had been part of public life in cities like Philadelphia going back to the colonial period. However, it was not until the decades following World War II that such practices, and the sexual and gender identities associated with them, became explicitly politicized. During the 1950s and 1960s, the first gay and lesbian civil rights protests in Philadelphia reflected the growing political consciousness of homophile activists. These demonstrations also borrowed tactics from the much more widespread movement for Black civil rights unfolding at the same time.

Black and White photographs depicting Janus Society member distributing leaflets and police officers arriving at the Seventeenth Street Dewey's restaurant.
The first documented public protest for LGBT civil rights in Philadelphia began on April 25, 1965, when protesters staged a sit-in at a Dewey’s restaurant in Center City, demanding access to public accommodations for LGBT people. (John J. Wilcox Jr. LGBT Archives, William Way Community Center)

The first documented public protest for LGBT civil rights in the city began with a sit-in. On April 25, 1965, Dewey’s, a diner near Rittenhouse Square with a large clientele of gay youth, drag queens, and sex workers, began refusing to serve customers who appeared to be gay or lesbian, as well as those wearing clothing that did not match their gender. After more than 150 such customers had been denied service, three teenagers refused to leave and were arrested. Over the next five days, members of the Janus Society, a local gay and lesbian political group, protested outside of Dewey’s, and distributed their literature to passersby. On May 2, one week after the first sit-in, a group of teenagers staged a second protest. This time, no arrests were made, and the restaurant resumed serving LGBT customers.

Demonstrations at Independence Hall

Although the Dewey’s sit-ins showed that some gay and lesbian activists were willing to stand up for those who publicly dressed and acted in unconventional ways, most hewed to a politics of respectability. They described themselves as “homophiles” rather than “homosexuals” in order to distance themselves from sexual acts, a strategy that many saw as a necessary step toward inclusion in American society. The Annual Reminder demonstrations, held in front of Independence Hall every Fourth of July from 1965 to 1969, also reflected this concern. As they protested anti-sodomy laws, the firing of gay men and lesbians from federal employment, and their exclusion from military service, Annual Reminder marchers dressed professionally and in ways that conformed to gender expectations, with men in suits, jackets, and slacks, and women in dresses. The choice of time and place for the demonstrations underscored the marchers’ political claims. In contrast to the counterculture and anti-war movements, which criticized U.S. society as crassly commercial and militaristic, Annual Reminder marchers situated themselves squarely within American identity by marching on July Fourth in the place where the nation’s founding documents had been written and signed.

In the early 1970s, homophile activism gave way to gay liberation, although the more radical goals and tactics of gay liberation groups did not preclude their involvement in conventional politics. The Homophile Action League and the Gay Activists Alliance, which staked out more militant positions than their Annual Reminder predecessors, pressed local lawmakers to extend Philadelphia’s anti-discrimination protections to gay men and lesbians. In 1974 the City Council held hearings on a bill to add sexual orientation to the city’s Fair Practices Ordinance, to outlaw anti-gay discrimination in employment, housing, and public accommodations. However, with vocal opposition from both council members and religious leaders, including members of Philadelphia’s Black clergy, the bill failed to make it out of committee. Opponents of the measure contended that race and sexual orientation were fundamentally different, and questioned gay and lesbian activists’ attempts to claim protections as an aggrieved minority alongside African Americans, Jews, and other historically persecuted groups.

Local and State Victories

A black and white image showing people cheering and looking to the left of the viewer. The image was part of a newspaper story, and there is text over the image that reads
Men and women celebrate the passage of a bill that added sexual orientation to the city’s Fair Practices Ordinance, outlawing anti-gay discrimination in employment, housing, and public accommodations. (Photo courtesy of the Philadelphia Gay News.)

In 1978, activists with the Christian Association, a philanthropic group at the University of Pennsylvania organized the Philadelphia Lesbian and Gay Task Force (PLGTF) to advocate for sexual rights in the city. Under the leadership of Reverend James Littrell (b. 1943) and Rita Addessa (b. 1945), the group’s first two executive directors, PLGTF forged alliances with local African American political and religious leaders. When a second effort to amend the Fair Practices Ordinance went before city council in 1982, W. Wilson Goode (b. 1938), the city manager who later became Philadelphia’s first African American mayor, and members of the newly visible Black gay community testified in support. With broadened support for gay and lesbian civil rights, the bill passed. Harrisburg, the state capital, revised its own City Code to include protections against discrimination based on sexual orientation and gender identity in 1983. Lancaster similarly added sexual orientation as a protected class to its Codified Ordinances in 1991. York added an anti-discrimination measure covering sexual orientation to its City Code in 1993, and a measure covering gender identity in 1998.

In the 1990s, LGBT activists, along with allies in local government, pressed for domestic partnership laws in the city. City council member Angel Ortiz (b. 1941) and Mayor Edward G. Rendell (b. 1944) introduced different bills providing for domestic partnership recognition and benefits in 1993. The bills failed as opponents, including City Council President John F. Street (b. 1943), argued that domestic partnerships would undermine traditional family structures. In June 1996, Rendell signed an executive order granting benefits to the domestic partners of some five hundred city employees, representing only a fraction of the almost 26,000 working in local government. Street vocally opposed the measure, and joined with Catholic Archbishop Anthony Bevilacqua (1923-2012) and the Black Clergy of Philadelphia and Vicinity to reverse the order. Rendell refused, and a trio of domestic partnership bills passed the council in 1998, granting health and pensions benefits to the “life partners” of city employees.

In 2013, the City Council expanded life partnership provisions to include hospital visitation with the passage of the LGBT Equality Bill, which also added gender identity to the city’s non-discrimination ordinance and offered tax credits to companies that expanded their employee benefits to include coverage of transgender-specific health care and health benefits for same-sex domestic partners. In May 2014, a federal district court judge ruled that the state’s ban on same-sex marriage was unconstitutional. The following year, in June 2015, the United States Supreme Court invalidated similar state-level prohibitions clearing the way for same-sex marriage across the country.

The twenty-first century also brought a greater focus on the rights of transgender people. In 2009, Philadelphia activists formed Riders Against Gender Exclusion (RAGE) with the goal of eliminating gender identification stickers from Southeastern Pennsylvania Transportation Authority (SEPTA) TransPasses. RAGE members argued that the stickers opened a risk of embarrassment and harassment of people whose outward gender expression did not match the stickers on their cards. Over the course of a three-year campaign, the group collected stories of harassment from transgender and gender non-conforming SEPTA riders, staged a protest drag show inside a SEPTA station, and interrupted a public SEPTA hearing to present officials with a six-foot-long “RAGE Rider’s Bill of Rights” outlining their demands. On July 1, 2013, for the first time in thirty-two years, SEPTA riders were able to use TransPass cards without the gender identification stickers.

Hate Crime Legislation

Beginning in the late 1980s, Philadelphia LGBT activists and their allies also worked to add sexual orientation and gender identity to existing hate-crime laws. The Philadelphia Lesbian and Gay Task Force made anti-gay violence a political issue as early as 1986, and in 1990 state representative Babette Josephs (b. 1940) introduced an unsuccessful bill that would have extended the state’s hate-crime law to cover sexual orientation. The 1998 killing of University of Wyoming student Matthew Shepard (1976-98), which became a national news story, revived local interest in the issue. Weeks after Shepard’s death, the Philadelphia Lesbian and Gay Task Force organized a protest at the Liberty Bell to call for a state-level hate-crime law covering sexual orientation. In 2002, after the brutal beating in Middleburg, Pennsylvania, of a man who was perceived to be gay, the state legislature finally passed a bill that expanded Pennsylvania’s Ethnic Intimidation Act to include sexuality and gender identity. However, the state supreme court struck down the 2002 expansion of the law in 2008.

Following a highly publicized attack on two gay men in Center City in September 2014, the Philadelphia City Council passed its own hate-crime bill. Pennsylvania lawmakers also introduced, but never voted on, hate-crime legislation covering sexual orientation and gender identity at the state level. In contrast, New Jersey added sexual orientation to its hate crime statute in 1990, and did the same for gender identity in 2008. Wilmington, Delaware, added a provision for hate crimes based on sexual orientation to its City Code in 1992. The state of Delaware added sexual identity to its own hate crime statute in 1998, followed by gender identity in 2013.

Pennsylvania similarly lagged behind its neighbors in guaranteeing LGBT civil rights. Although Pennsylvania became the first state to ban sexual orientation discrimination in state employment, under a 1975 executive order by Governor Milton Shapp (1912-94), as of March 2016, Pennsylvania had no law barring discrimination against LGBT people in housing, employment, and public accommodations. In contrast, New Jersey’s Law Against Discrimination included provisions for sexual orientation beginning in 1991 and for gender identity and expression beginning in 2006. Delaware passed legislation barring discrimination based on sexual orientation in 2009, and a similar law against discrimination based on gender identity and expression in 2013. In Pennsylvania, state legislators in 2015 continued to press for the Pennsylvania Fairness Act, which would update a 1995 state law against discrimination to include sexual orientation, as well as gender identity and expression.

The struggle for LGBT civil rights in Philadelphia after World War II yielded important gains for people who had been vulnerable to discrimination and harassment on account of their sexual and gender identities. Activists also won recognition for same-sex couples, first in Philadelphia, then in Pennsylvania, and, finally, nationwide. In so doing, they challenged prevailing ideas of sexual citizenship, and laid claim to both symbolic and material forms of belonging in American society. At the same time, the periodic failures and reversals suffered by activists exposed the extent to which LGBT Philadelphians were impacted by local, state, and federal policies—and the work that remained to be done.

Dan Royles is Assistant Professor in the Department of History at Florida International University. His first book, To Make the Wounded Whole: African American Responses to HIV/AIDS, is under advance contract with the University of North Carolina Press. (Author information current at time of publication.)

(Editor’s note:  Additional future essays will cover civil rights for African Americans, women, and persons with disabilities.)

Copyright 2016, Rutgers University

Gallery

Protesting Dewey's

John J. Wilcox Jr. LGBT Archives at the William Way Community Center

In response to a disruptive crowd of gender-variant teenagers at the Dewey’s restaurant at 219 S. Seventeenth Street, management instructed staff to refuse them service. Employees interpreted this instruction widely, refusing service to customers who appeared to be gay or lesbian, or who otherwise challenged accepted gender conventions. Drawing directly from the political strategy used effectively by the African American civil rights movement of the early 1960s, more than 150 black, white, lesbian, gay, and transgendered protesters staged a sit-in. Four people were arrested on charges of disorderly conduct, including three teens and Clark Polak, the president of a local gay and lesbian rights organization.

Following the arrests, the Janus Society, a local gay and lesbian rights organization, demonstrated outside this Dewey’s location, distributing 1,500 leaflets over the course of five days (left). On May 2, 1965, another small sit-in took place. Although the police were called, no arrests were made (right). In the May issue of Drum, a monthly magazine published by the Janus Society, Polak stated, “It was a far cry from the previous Sunday. . . . I was quite politely told that we could stay in there as long as we wanted as the police had no authority to ask us to leave.” In the wake of the protest, Dewey’s discontinued its policy of denying service to those who appeared homosexual.

Although the Dewey’s sit-in did not generate national media coverage in 1965, later historians recognized it as an important event in the history of LGBT activism. Gender-variant activists—effeminate men, masculine women, and people who would probably identify as genderqueer or transgender in a later era—played a significant role in later confrontations as well. An incident similar to Dewey’s took place in San Francisco in August 1966 at Compton’s Cafeteria, and in 1969, many of the major agitators behind the Stonewall Uprising were crossdressers (a word common at the time) and others who had little to lose because of their unconventional gender identity and expression.

First Annual Reminder

The New York Public Library

In 1965, Philadelphia activists collaborated with groups in Washington, D.C., and New York to stage a march for gay rights in front of Independence Hall on the Fourth of July. Similar demonstrations were held every year for the next four years. The picketing—and the picketers—became known as “annual reminders.” The choice of time and place for the demonstrations underscored the marchers’ political claims. In contrast to the counterculture and anti-war movements, which criticized U.S. society as crassly commercial and militaristic, Annual Reminder marchers situated themselves squarely within American identity by marching on July Fourth in the place where the nation’s founding documents had been written and signed. Organizers of the event enforced a strict dress code, insisting that marchers conform to gender expectations, as reflected in this photograph.

Philadelphia Gay Pride Parade, 1972

John J. Wilcox Jr. LGBT Archives at the William Way Community Center

Participants in Philadelphia's first Gay Pride Parade in June 1972 met in Rittenhouse Square and marched to Independence National Historical Park, where they held a rally with music and speeches. Rittenhouse Square was seen as a focal point in Philadelphia's LGBT geography and Independence National Historical Park was understood to be a proper venue for public discourse on constitutional rights. Gay pride parades in the 1970s descended directly from the Reminder Day demonstrations of the 1960s, which were smaller picketing events at Independence Hall. Participants in the Reminder Day demonstrations dressed in conservative clothing (suits for men, dresses for women), but the gay pride parades were much more extravagant events. Marchers were encouraged to express themselves freely though fashion, group chants, and songs. (Photo courtesy of the John J. Wilcox Jr. LGBT Archives)

Gay Rights Protest

Special Collections Research Center, Temple University Libraries

In 1974 the Philadelphia City Council held hearings on Bill 1275. If passed, the bill would have added sexual orientation to the city’s Fair Practices Ordinance, outlawing anti-gay discrimination in employment, housing, and public accommodations. The bill was debated for more than a year and by late 1975, it had become clear that it would die in committee. While the Gay Activist Alliance planned to mourn the “death” of the bill with a silent vigil at City Hall, the newly formed Dyketactics, a group of young feminist lesbians, organized a protest of their own.

On December 4, Dyketactics entered City Hall armed with banners, signs, and a megaphone. They raised their fists during the opening prayer and after the meeting began, some chanted, “Free 1275!” Within moments, the Civil Disobedience Squad–a unit of plain-clothes police officers formed in 1964 to handle protesters–brutally beat and dragged the women from the Council Chamber. Six of the battered protesters later filed a fed¬er¬al law¬suit against the city of Philadelphia and the po¬lice de¬part¬ment, citing ex¬cess¬ive use of force. Although the defendants were found not guilty, Dyketactics et al. v. Fencl et al. marked a milestone in the struggle for gay rights.

Philadelphia Gay Rights Bill, 1982

Throughout the summer of 1982 Philadelphia activists again fought for the passage of a “gay rights law,” an amendment to the city’s Fair Practices Ordinance to prohibit anti-gay discrimination in housing, employment, and public accommodations. This time, there was much broader support for gay and lesbian rights. Despite last-minute efforts by the Roman Catholic Archdiocese to stall it, the Philadelphia City Council passed Bill 1358 in August 1982 with an overwhelming 13-2 vote. Men and women hearing the result of the vote are pictured here in the Philadelphia Gay News. A few weeks later, on September 9, the bill became law by default, without the signature or support of Mayor Bill Green. Harrisburg, the state capital, revised its own City Code to include protections against discrimination based on sexual orientation and gender identity in 1983. (Photo courtesy of the Philadelphia Gay News.)

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Related Reading

D’Emilio, John. Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States, Second Edition. Chicago: University Of Chicago Press, 1998.

Lyons, Clare A. “Mapping an Atlantic Sexual Culture: Homoeroticism in Eighteenth-Century Philadelphia.” The William and Mary Quarterly 60, no. 1 (2003): 119–54.

Mecca, Tommi Avicolli, ed. Smash the Church, Smash the State! The Early Years of Gay Liberation. San Francisco: City Lights Publishers, 2009.

Mumford, Kevin J. “The Trouble with Gay Rights: Race and the Politics of Sexual Orientation in Philadelphia, 1969-1982.” Journal of American History 98, no. 1 (June 1, 2011): 49–72.

Stein, Marc. City of Sisterly and Brotherly Loves: Lesbian and Gay Philadelphia, 1945-1972. Chicago: University of Chicago Press, 2000.

Stone, Amy L. Gay Rights at the Ballot Box. Minneapolis: University Of Minnesota Press, 2012.

van der Meide, Wayne. Legislating Equality: A Review of Laws Affecting Gay, Lesbian, Bisexual, and Transgendered People in the United States. New York: The Policy Institute of the National Gay and Lesbian Task Force, 2004.

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