National
Could Pentagon’s ‘Don’t Ask’ review hinder repeal?
Petraeus suggests outcome ‘could go in either direction’
As the top U.S. commander overseeing operations in Iraq and Afghanistan expressed support Tuesday for reconsidering “Don’t Ask, Don’t Tell,” he noted the Pentagon study currently underway could offer a positive or negative take on open service.
Following his initial remarks on “Don’t Ask, Don’t Tell,” Gen. David Petraeus, commander of U.S. Central Command, made the remarks to the Senate Armed Services Committee on the possible outcome of the study.
Chairman Carl Levin (D-Mich.) asked Petraeus to confirm he said earlier in Levin’s office that the study could show repeal’s “likely effects could go in either direction.”
“I believe you told me — either negative or positive, the study could show,” Levin said.
Petraeus affirmed that he made those remarks, saying, “It could. It could. Yes, sir.”
Asked by DC Agenda to clarify this view of the study, Levin replied, “Yeah, in terms like the impact on recruitment, readiness — it could have a positive or negative — and that’s what he confirmed here.”
Petraeus didn’t talk to reporters after the hearing.
If the parameters of the study are to determine whether repeal would have a positive or negative impact — as opposed to examining the best way to implement repeal — it would be inconsistent with how Defense Secretary Robert Gates outlined the review in congressional testimony last month. At the time, Gates said the study would focus on implementing repeal and not whether it would be beneficial or harmful to the military.
“The question before us is not whether the military prepares to make this change, but how we best prepare for it,” he said. “We received our orders from the commander-in-chief and we are moving out accordingly.”
The nature of the study as described by Petraeus and Levin also raises questions about why President Obama, who campaigned on repeal of “Don’t Ask, Don’t Tell,” would authorize a review that could complicate repeal efforts.
But Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, said he’s “confident” the working group will follow the directive outlined by Gates “to figure out how best to implement open service.”
“The Senate repeal bill gives the military plenty of additional time — well into 2011 — to look at how to transition while Congress moves to end the law in 2010,” Nix said.
Nathaniel Frank, author of “Unfriendly Fire” and research fellow for the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, said the problem with the working group is that it could succumb to what he called “political expediency.”
Frank said “mounds of research” have already answered questions about the impact on open service in the military. If the group does its job well, Frank noted, the findings will be consistent with this research and discover “there will be no negative impact or that any impact will be negligible and manageable.”
“But if the group falls prey to political pressure to exaggerate the risks to readiness, that will be used by obstructionists to derail reform in Congress, and ultimately full repeal is up to Congress,” Frank said.
Although the study was outlined as a way to implement repeal, Frank said what Gates actually put in place was a “political process,” and Obama’s willingness to set it up “does raise concerns about a repeat of the failures of 1993.”
Whatever the focus of the study, Petraeus backed the review Tuesday during the hearing as the best way to approach “Don’t Ask, Don’t Tell” while saying the time has come to “consider a change.”
“I believe the time has come to consider a change to ‘Don’t Ask, Don’t Tell,’ but I think it should be done in a thoughtful and deliberative manner,” he said. “And that should include the conduct of the review that Secretary Gates had directed that would consider the views of the force by changing the policy.”
Petraeus initially asked for eight minutes to give a statement on “Don’t Ask, Don’t Tell” in response to a question from Sen. John McCain (R-Ariz.), but Levin denied him that opportunity, saying giving the general eight minutes would violate the rules by going over the time McCain was allotted for questioning.
Levin said another senator could devote their entire question-and-answer time for Petraeus so he could offer his longer statement, although no committee panel volunteered their time. At the end of the hearing, Levin said he would welcome the longer statement from Petraeus if he wanted to submit it as part of the record.
In response to Petraeus’ remarks, Nix said SLDN is awaiting the general’s eight-minute answer before weighing in on Petraeus’ position.
“We agree that open service is more than a sound byte,” Nix said. “The bottom line is our service members are professionals and they know how to bring about the change to open service.”
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.
That has now changed.
Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.
This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.
The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.
Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.
The issue lies in how the law is applied.
Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.
Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.
The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.
The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.
This case does not exist in isolation.
It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.
Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.
From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.
The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.
Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.
That process does not guarantee an immediate outcome, but it shifts the ground.
The debate is no longer theoretical.
It is now before the courts.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
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