AMENDING DISTRICT OF COLUMBIA CHARITABLE SOLICITATION ACT THURSDAY, AUGUST 8, 1963 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4 OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA, The subcommittee met, pursuant to notice, at 10:25 a.m., in room 445-A, Cannon Office Building, Hon. John Dowdy (chairman of the subcommittee) presiding. Present: Representatives Dowdy, Huddleston, Whitener, Sisk, Broyhill, Horton, and Roudebush. Also present: James T. Clark, clerk: Clayton Gasque, staff director; Donald Tubridy, minority clerk; and Leonard O. Hilder, investigator. Mr. DowDY. At the time we set these bills for hearing, we didn't expect the House to be meeting at 11 o'clock, so to take care of as many as possible and we will not be able to get into more than one billI am going to excuse the witnesses who are here on H.R. 6413 and H.R. 6351, because we are going to be cut off at 11 o'clock. We will now commence hearings on the first bill that was set, which was H.R. 5990, a bill concerning the requirements for the issuance of a solicitation permit under the District of Columbia Charitable Solicitation Act. (H.R. 5990 is as follows:) [H.R. 5990, 88th Cong., 1st sess.] A BILL To amend the District of Columbia Charitable Solicitation Act to require certain findings before the issuance of a solicitation permit thereunder, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the District of Columbia Charitable Solicitation Act (D.C. Code, sec. 2-2104) is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding any other provision of this Act, no such certificate of registration shall be issued after the date of the enactment of this subsection unless the Commissioners shall have affirmatively found and publicly declared that the solicitation which would be authorized by such certificate will benefit or assist in promoting the health, welfare, and the morals of the District of Columbia." SEC. 2. Nothwithstanding the District of Columbia Charitable Solicitation Act or any other provision of law, the certificate of registration heretofore issued to the Mattachine Society of Washington under such Act is revoked. Mr. Dowdy. As background for this hearing, and the proposed legislation introduced by me, I offer for the record at this point my statement to the House a short time ago, together with certain material included as a part of my remarks at that time. Also staff memorandum. 1 (The documents referred to follow :) THE MATTACHINE SOCIETY OF WASHINGTON Extension of Remarks of Hon. John Dowdy, of Texas, in the House of Representatives, Friday, July 5, 1963 Mr. DowDY. Mr. Speaker, it came to my attention last fall that the District of Columbia government had granted a society of homosexuals a license to solicit charitable contributions in the District of Columbia. This license was issued to the Mattachine Society of Washington, and at that time, the Superintendent of the License and Permit Division stated that his office had no legal authority to deny such a permit to any nonprofit organization which complied with all the requirements of filing for same. This was fully disclosed in an item carried in the Sunday Washington, D.C., Star, of September 16, 1962, which article I include following these remarks. I introduced a bill in the last Congress to correct this situation, but it was too late to receive action at that time. Earlier this year, I introduced the bill again, as H.R. 5990, with the earnest hope that it will receive the approval of this Congress. In order that the Members of Congress may be fully advised, I would call attention to the fact that I believe all of us received a letter from the President of the Mattachine Society of Washington, in August of last year, in which he enclosed an excerpt from the constitution of his society, and a news release which he had just issued. To refresh memory, I include those matters with my remarks. Mr. Speaker, I regard this situation as highly improper. If the laws of the District of Columbia indeed do not authorize the refusal of a solicitation license or any other official recognition to a society such as this, whose illegal activities are revolting to normal society, then I feel that it is our duty to provide such authority without delay. The Mattachine Society is admittedly a group of homosexuals. The acts of these people are banned under the laws of God, the laws of nature, and are in violation of the laws of man. I think a situation which requires them to be permitted a license to solicit charitable funds for the promotion of their sexual deviations is a bad law, and should be changed forthwith. The material follows: [From the Sunday Star, Washington, D.C., Sept. 16, 1962] GROUP AIDING DEVIATES ISSUED CHARITY LICENSE The Mattachine Society of Washington, an organization formed to protect homosexuals from discrimination, has been granted a certificate by the District licenses office to solicit funds in Washington. The application said that the organization wanted to raise funds to help give the homosexual equal status with his fellow men. District records shows the newly organized society was granted its certificate to ask for contributions under the Charitable Solicitations Act on August 14. C. T. Nottingham, Superintendent of Licenses and Permits, said his office had no authority to deny a solicitation permit to any organization whose representatives answer all questions on the permit application form. The license chief added that he had informed society representatives that if the group solicits as much as $1, he would order them to open their books and records for examination. If such an order is not complied with, he said, the licensing department will move to have the society's permit revoked. The president of the society, who asked that his name not be used, said that his organization "is dedicated to improving the status of homosexuals in our society in the interest both of that minority group and of the Nation." The society president said that so far not funds have been solicited. Asked how many members the society had in the Washington area, he replied, "We would prefer not to say. It is small but growing rapidly.” He said that the original Mattachine Society was founded in San Francisco 10 or 12 years ago. Other independent Mattachine Societies, he said, have been organized in New York and several other American cities. The organizations took their names, he said from the mattachines, court jesters in the Middle Ages, who were permitted to make pointed social commentaries which would have been tolerated from no one else. THE MATTACHINE SOCIETY OF WASHINGTON, Hon. House of Representatives, DEAR Enclosed, for your interest and information, is a formal statement of the purposes of the Mattachine Society of Washington, a newly formed organization, devoted to the improvement of the status of our country's 15 million homosexuals. Included, also, is a copy of our news release, which was submitted to the Washington newspapers and others, and to the various press services. The question of homosexuality, and the prejudice against it, both personal and official, is a serious one, involving, as it does, more than 1 out of every 10 American citizens, including roughly a quarter-million in, each, the Federal civil service, the Armed Forces, and security-sensitive positions in private industry, and at least 10 percent of your constituents. We feel that the Government's approach is archaic, unrealistic, and inconsistent with basic American principles. We feel, in addition, that it is inexcusably and unnecessarily wasteful of trained manpower and of the taxpayers' money. We realize that this area presents you with many potential problems, some of them quite subtle and touchy ones of politics and public relations, and that they are not always subject to easy solution, but policies of repression, persecution, and exclusion will not prove to be workable ones in the case of this minority, any more than they have, throughout history, in the case of other minorities. This is a problem which must be worked with, constructively, not worked against destructively, as is now the case. A fresh approach by the Federal Government is badly needed. We welcome any comments which you may have on this subject. We will be pleased to meet with you personally, at your convenience, to discuss these and related matters. Thank you for your consideration of our position. Sincerely yours, FRANKLIN E. KAMENY, President. प EXCERPTS OF THE CONSTITUTION OF THE MATTACHINE SOCIETY OF WASHINGTON Article II. Purpose: SEC. 1. It is the purpose of this organization to act by any lawful means: (a) To secure for homosexuals the right to life, liberty, and the pursuit of happiness, as proclaimed for all men by the Declaration of Independence; and to secure for homosexuals the basic rights and liberties established by the word and the spirit of the Constitution of the United States; (b) To equalize the status and position of the homosexuals with those of the heterosexual by achieving equality under law, equality of opportunity, equality in the society of his fellow men, and by eliminating adverse prejudice, both private and official; (c) To secure for the homosexual the right, as a human being, to develop and achieve his full potential and dignity, and the right, as a citizen, to make his maximum contribution to the society in which he lives; (d) To inform and enlighten the public about homosexuals and homosexuality; (e) To assist, protect, and counsel the homosexual in need. SEC. 2. It is not a purpose of this organization to act as a social group, or as an agency for personal introductions. SEC. 3. This organization will cooperate with other minority organizations which are striving for the realization of full civil rights and liberties for all. MATTACHINE SOCIETY OF WASHINGTON The formation of a new social action group in the Greater Washington, D.C., area is announced. This group, the Mattachine Society of Washington, is dedicated to improving the status of the homosexual in our society, in the interest both of that minority group and of the Nation. The society discusses and acts upon all problems relating to the homosexual, both general and specific. Guest speakers will address the group from time to time on a variety of relevant subjects. The society is also setting up a professional referral service— doctors, lawyers, clergymen, etc.-for the homosexual in need. The organization feels that the homosexual today is where the Negro was in the 1920's, except that the Negro has had, at worst, the mere indifference of his Government and, at best, its active assistance, whereas the homosexual has always had to contend with the active hostility of his Government. For this reason, it is time that a strong initiative be taken to obtain for the homosexual minority-a minority in no way different, as such, from other of our national minority groups-the same rights, provided in the Constitution and the Declaration of Independence, as are guaranteed to all citizens. These include the rights to the pursuit of happiness, and to equality of opportunity; the right, as human beings, to develop and achieve their full potential and dignity; and the right, as citizens, to be allowed to make their maximum contribution to the society in which they live rights which Federal policy and practices now deny them. The society feels that prejudice directed against an individual, for no cause other than an unconventional sexual preference, is unwarranted, and that harsh, discriminatory action taken on the basis of such prejudice, with its incident waste of useful talent and manpower, is not consistent with the national welfare. It is felt that personal and popular prejudice cannot be eliminated as long as official prejudice exists and is indulged. For this reason, the society's primary effort will be directed to four main areas: First, the clearly improper, discriminatory policies of the U.S. Civil Service Commission, policies which are plainly unconstitutional, and which operate against the best interests of the country, in that they act to deprive the Nation of the services of many clearly well-qualified citizens who have much to offer. That these policies are quite needless is demonstrated by the fact that, despite them, there are at least 200,000 homosexuals in the Federal service, and have been for many years, with no ill effects. Second, the Armed Forces, needless and harshly administered policies of exclusion. The present practice of giving less than fully honorable discharges to homosexuals is unnecessarily vicious. In view of the fact that the Armed Forces also presently include at least a quarter-million homosexuals in all ranks, without ill effects, and that over a million served well and honorably in World War II, present policy seems open to serious question. Third, the illogical policies of our security-clearance system for civilian and military Government personnel, and for those in private industry, under which all homosexuals, as a group, are regarded as security risks, without consideration of the merits of each individual case. Despite the continuing presence of some quarter-million homosexuals with security clearances, at all levels, and within the cognizance of all agencies, the number of breaches of security resulting from homosexuality is virtually, if not actually, nil. Examination will show that present policies foster just that susceptibility to blackmail against which these policies are supposed to protect. Fourth, the area of local law, both its provisions and its administration and enforcement. The society feels that the example of the State of Illinois should be followed, in legalizing private relations on the part of consenting adults, but that, in any case, action must be taken against existing, often flagrant and shocking abuses and violations of due process and of proper rights, liberties, and freedoms in this area. The organization seeks a reassessment and reconsideration of present, totally unrealistic Federal policy and practice, law and regulation, on homosexuality. A New Frontier approach to official policies and practices which relegate over 15 million Americans to second-class citizenship is long overdue and badly needed. The Government, hitherto, has attempted to sweep this problem under the rug and, ostrichlike, has refused to face the situation or to deal with it in a logical fashion. The Mattachine Society of Washington is confident that all intelligent, informed, public-spirited citizens will join them in their efforts to achieve a fresh and reasonable approach to this problem. STAFF MEMORANDUM NO. 1 (H.R. 5990, by Mr. Dowdy, to amend the District of Columbia Charitable Solicitations Act) PURPOSE This bill would provide that prior to issuing a certificate of registration authorizing any organization to solicit charitable contributions in the District of Columbia, the District of Columbia Commissioners must find and publicly declare that such solicitation will benefit the health, welfare, and morals of the city. Also, this bill would revoke the certificate of registration which was issued to the Mattachine Society of Washington under the Charitable Solicitations Act. REASON FOR THE BILL On August 14, 1962, the Mattachine Society of Washington, an organization formed to protect homosexuals from discrimination, was granted a certificate by the District of Columbia Department of Licenses and Inspections to solicit funds in Washington. The application stated that the organization wanted to raise funds to help give the homosexual "equal status" with his fellow men. Mr. C. T. Nottingham, Superintendent of the License and Permit Division, stated at that time that his office has no authority to deny a solicitation permit to any organization whose representatives answer all questions on the permit application form. This bill, therefore, is designed to give the License and Permit Division adequate authority to exercise reasonable judgment in such matters. Mr. Dowdy. The first witness on our list is Robert F. Kneipp, Esq., from the Corporation Counsel's Office. Would you please come around, sir? STATEMENT OF ROBERT F. KNEIPP, ESQUIRE, CORPORATION COUNSEL'S OFFICE; ACCOMPANIED BY C. T. NOTTINGHAM, SUPERINTENDENT, LICENSES AND PERMITS Mr. KNEIPP. I am Robert F. Kneipp, Assistant Corporation Counsel, and I have with me Mr. C. T. Nottingham, Superintendent of Licenses and Permits of the District of Columbia. Mr. Chairman, the Commissioners have reported to the committee in a report dated August 7, 1963, that I ask be incorporated in the record of hearing. Mr. Dowdy. It will be made a part of the record. (The report referred to is as follows:) GOVERNMENT OF THE DISTRICT OF COLUMBIA, EXECUTIVE OFFICE, Washington, August 7, 1963. Hon. JOHN L. MCMILLAN, Chairman, Committee on the District of Columbia, DEAR MR. MCMILLAN: The Commissioners of the District of Columbia have for report H.R. 5990, 88th Congress, a bill to amend the District of Columbia Charitable Solicitation Act to require certain findings before the issuance of a solicitation permit thereunder, and for other purposes. The District of Columbia Charitable Solicitation Act, approved July 10, 1957 (71 Stat. 278; title 2, ch. 21, District of Columbia Code, 1961 edition), prohibits any person (with certain exceptions authorized by sec. 4 of such act) from |