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Democrats find 2010 a tougher sell than 2008

LGBT bloggers wage ‘Don’t Ask, Don’t Give’ campaign

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Democratic National Committee Executive Director Jennifer O’Malley Dillon acknowledged that for LGBT voters, the ‘pace of change isn’t always fast enough.’ (Washington Blade photo by Michael Key)

Asking gay Americans to reignite their enthusiasm for the Democratic Party at the same time critics are assailing the party for its handling of federal LGBT legislation is no small challenge.

But that’s exactly what Democratic National Committee Executive Director Jennifer O’Malley Dillon did last week while speaking at the National Stonewall Democrats biennial convention in D.C.

With three months remaining before the midterm elections, Dillon acknowledged that “an enthusiasm gap” exists between how Democratic voters feel this year compared to 2008. And she said that gap must close.

“We are going to hold the House and the Senate,” she said. “I’m very confident about that. But to do that, it’s just going to be incredibly hard. History is against us in this election.”

Also against Dillon’s efforts to rally LGBT voters are increasingly intense criticisms that President Obama and congressional leaders aren’t doing enough to enact promised changes, such as repealing “Don’t Ask, Don’t Tell” and passing the Employment Non-Discrimination Act.

Dillon recognized that the “pace of change isn’t always fast enough” for LGBT people, but said the DNC is creating new and more substantive ways to engage potential donors and volunteers.

“We want to make sure that the programs we’re building on moving forward aren’t just programs that we’re sitting in D.C. saying, ‘Oh, I think it would be great if we had ruffly stickers with rainbows on them,’ but that we are really building out a substantive program,” she said.

Dillon also said the DNC is developing communications — including material for the DNC website as part of the Your Voice Matters effort — to demonstrate in a clearer way the Obama administration’s broader accomplishments.

But discontent among many LGBT voters persists. And a continuing effort LGBT bloggers launched last year, called “Don’t Ask, Don’t Give,” urges LGBT people to withhold donations from the Democratic Party until more pro-LGBT bills are passed.

Leading the DNC boycott is John Aravosis, editor of Americablog.com, who’s asking readers to sign a pledge saying they will only contribute money to the Democratic Party after President Obama signs ENDA into law, and signs repeals of “Don’t Ask, Don’t Tell” and the Defense of Marriage Act.

Aravosis said at the start of this year that he didn’t feel inclined to whip the effort because signs had emerged that Congress would pass “Don’t Ask, Don’t Tell” repeal and ENDA. The situation changed, though, as the year progressed.

“ENDA is now nowhere to be seen and no one thinks it’s passing both houses by the election — even though we were promised,” he said. “On ‘Don’t Ask, Don’t Tell,’ the legislation being discussed isn’t full repeal. It isn’t the repeal at all, even though it’s being sold that way. It’s not even clear if the legislation is going to pass anyway at this point.”

Aravosis dismissed the notion that outreach from the Democratic National Committee could be any substitute for the advancement of these issues.

“It’s a very 1990s strategy from the DNC,” he said. “They think showing face to the gay community — simply showing up at our events is going to buy our voters and buy our money because we should be so honored that they would deign to visit us.”

Aravosis estimated about 10,000 readers of Americablog.com have pledged to withhold donations to the Democratic Party as part of the “Don’t Ask, Don’t Give” initiative.

“‘Don’t Ask, Don’t Give’ was, I think, part of a larger effort of the gay Netroots and, I would say, the community in general showing their ire at the Democrats,” Aravosis said. “I think it did change things for a while, but I think now the Democrats have backed off yet again.”

Dillon told the Blade that she hopes the DNC’s engagement with LGBT people will convince those who haven’t been satisfied to maintain their support.

“Of course, we’d like to see everyone feel like they can contribute to the party and feel good about that,” she said. “We obviously hope that people see us as a party that’s growing and building our commitment and our connection to the LGBT community, and that this is a place where people feel like their money will be well spent.”

‘We’re going to have disappointments’

Despite some disappointment, many LGBT Democrats who attended the Stonewall convention said they remain committed to the Democratic Party.

Rick Stafford, a veteran gay activist from Minnesota and chair of the Democratic Party’s LGBT caucus, said the Democratic Party is worth supporting because of the dramatic strides it’s taken in support of LGBT rights during the last decades.

“I can remember not more than 25 years ago, the Democratic Party and their leadership officials basically said to the LGBT community, ‘Go away,’” Stafford said. “We were held up as the poster child for the special interests. And in 25 years, if you told me back then that the issue that we would be fighting on disappointment was marriage equality, I would have told you [that] you were nuts.”

Stafford said LGBT critics of the Democratic Party should take care with the tone of their discussion because disagreement and discontent among Democrats led to the Republican takeover of Congress in 1994.

“We’re going to have disappointments, and not all Democratic elected officials are going to be supportive,” Stafford said. “But I think the leadership of Obama, Pelosi and even Harry Reid will be light years [ahead of] seeing Sarah Palin, Mitch McConnell or John Boehner setting the agenda for our country.”

Jerame Davis, who’s gay and co-owner of the Indiana-based LGBT website Bilerico Project, also expressed discontent about the amount of progress the party has made recently on LGBT issues.

“The one thing that has concerned me has been President Obama said he was going to be a ‘fierce advocate’ for our issues, and I’ve had trouble seeing where the advocacy was coming along, let alone the fierceness,” Davis said.

Still, Davis said the alternative to Democrats running the legislative branch of the federal government would be “far, far worse.”

“The idea of turning either of those [chambers] over to the Republicans scares me far worse than trying to continue to push our friends to be more supportive and to advocate harder for our issues,” Davis said.

Also urging continued support for Democrats was Rep. Jared Polis (D-Colo.), a gay lawmaker who spoke at the convention. He told the Blade that people who were in doubt over supporting the Democratic Party should look closely at Democratic candidates and their Republican opponents.

“The Democratic Party is the only party that stands for equality,” he said. “I think it’s important that voters weigh where both candidates are on issues like marriage equality, ENDA — and 99 times out of 100, you’ll come out in favor of the Democrat.”

Polis has been active in raising funds not only for his own his re-election, but for other Democratic candidates. He’s set up two joint fundraising committees — the Jared Polis Majority Fund and the Jared Polis Victory Fund — that have raised substantial funds for Democrats seeking election.

The Jared Polis Majority Fund has raised $26,000 over the course of this Congress, while the Jared Polis Victory Fund has raised $150,000, according to Federal Election Commission reports.

Notable donations from the Jared Polis Majority Fund in the second quarter of this year included $1,500 to David Cicilline, the gay mayor of Providence, R.I. who’s running for Congress, and $1,500 to Rep. Scott Murphy (D-N.Y.), who last year replaced Sen. Kirsten Gillibrand (D-N.Y.) upon her appointment to the U.S. Senate. The Jared Polis Victory Fund in the second quarter donated $4,000 to Sen. Michael Bennet (D-Colo.), who’s seeking to retain his U.S. Senate seat.

“We’ve been very active in helping to build a pro-equality majority in the House and I’ve focused a lot of national fundraising in helping to achieve that,” Polis said.

The notion that LGBT voters should directly support candidates they see as supportive versus supporting the Democratic Party infrastructure is a common view among many advocates.

Aravosis said the best donation tactic that LGBT people can use as the November election approaches is to support candidates “who are proven to be pro-gay and proven to have come through for us.”

“That means support Democrats who actually have fought for us, or, [get behind] those Republicans who have fought for us, although I’m not convinced there’s too many,” he said.

Davis said this approach is the best way to ensure that a majority in Congress supportive of LGBT rights is in place.

“So, the way I see it is this: find a good friend that you think is going to advocate for our issues well, and that’s where you should put your money,” Davis said.

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

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.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

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.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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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