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State Dept. issues pro-trans policy for U.S. passports

‘Significant’ change correctly identifies gender

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Mara Keisling, executive director of the National Center for Transgender Equality (Blade photo by Michael Key)

A recent change at the State Department enabling transgender Americans to have their correct gender identified on U.S. passports is being hailed as “hugely significant.”

The change, unveiled June 10 by the State Department, mandates that U.S. passports reflect the appropriate gender of transgender people who present certification from a doctor saying they’ve undergone gender transition. Under previous rules, sexual reassignment surgery on genitalia was a prerequisite for gender change on a passport.

Mara Keisling, executive director of the National Center for Transgender Equality, said the new policy is “hugely significant” and the “biggest administrative win to date.”

“As we’ve needed better and better ID — more and more consistent ID — it’s been harder and harder for trans people to get it,” she said. “This is a step in the right direction.”

If a transgender person is in the process of transitioning but hasn’t yet fully transitioned, a State Department rep said a temporary passport valid for two years would be issued. After the person has fully transitioned, the department would issue a passport that is valid for 10 years.

Keisling said the change enables transgender people to have an official source of identification that correctly identifies their gender, which she noted is important for transgender people who live in areas where they aren’t allowed to change their gender on other forms of identification.

She said that Tennessee, Ohio and Idaho, for example, are places where residents aren’t allowed to change their gender on their birth certifications.

“It means that when you go apply for a job, you have to out yourself, because you have to show them government-issued ID, which often is triggered by your birth certificate or your driver’s license,” Keisling said. “Now trans people in those states can use their passports.”

Keisling said the new change also helps national security and the identification process because “now you have people with consistent ID that makes sense for who they really are.”

“At border crossings, they’re not looking for genitals,” Keisling said. “They’re looking for guns and drugs — and that’s what they should be looking for.”

In a Blade interview, Michael Kirby, principal deputy assistant secretary of state for consular affairs, said the policy came to the attention of the State Department in February.

Kirby said the National Center for Transgender Equality and other LGBT groups met with department officials and determined “the policy was out of date from what it should be.”

“Up until that time, we required a statement from a physician that there had been an operation to accomplish the transgender change,” he said. “We were told that’s not what current medical theory is.”

According to a State Department statement issued last week, the new policy is based on the standards of the World Professional Association for Transgender Health, an organization the American Medical Association recognizes as an authority in transgender issues.

Although the change still requires a statement from a medical physician noting that a person has undergone gender transition, Keisling said this certification could be based on different factors depending on the individual because of “modern understanding of what it means to be a transsexual.”

“Some people may just need hormone therapy, some people may need some kind of surgery,” Keisling said. “They may need surgery and not be able to afford surgery, and that’s taken into account by the standards of care that the medical profession has set about.”

Kirby said a certification from a physician must include, among other things, a medical license or certification number, contact information, a statement affirming that he or she is the attending physician and language noting the applicant “has had appropriate clinical treatment for gender transition to the new gender.”

“So it’s fairly simple,” Kirby said. “But it has to be a doctor-patient relationship, not a non-professional relationship.”

The State Department statement says officers who issue passports “will only ask appropriate questions” for applications to obtain information necessary to determine citizenship and identity.

Kirby said this guidance is to ensure officials won’t ask probing questions such as “Why did you do this,” “When did it happen,” or other inquiries that “are really not germane” to a transgender person’s passport application.

The new change comes about 18 months into the Obama administration and after about the same length of time that organizations, including HRC, advocated for the new change as a policy that could be made without a change in law.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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