National
Doubts persist as today’s ‘Don’t Ask’ cloture vote approaches
Activists fear 60-vote threshold may not be reached
Supporters of open service in the U.S. military are expressing uncertainty — and even doubt — over today’s vote to move forward in the U.S. Senate with major defense legislation containing “Don’t Ask, Don’t Tell” repeal.
Alex Nicholson, executive director of Servicemembers United, is among those saying he doesn’t think there are sufficient votes to move forward with the fiscal year 2011 defense authorization bill and the repeal language in the legislation.
Asked whether he sees success for the cloture vote, set for today at 2:15, Nicholson replied, “As it stands right now, no.”
“I haven’t seen anybody budge,” Nicholson said. “The Republican caucus is standing united and it’s still just a standoff.”
Blame is already being assigned to the White House.
Trevor Thomas, spokesperson for Servicemembers Legal Defense Network, said his organization hasn’t seen an effort from the White House on the issue in recent days.
“We have not seen any signs that the White House has been whipping this vote in the last 48 hours,” Thomas said.
Thomas said he can’t predict what will happen with the cloture vote and maintained SLDN is “taking nothing for granted.”
Still, he said the vote will be “very tight” and repeal supporters need to call their senators to seek their support.
Provided all 59 Democrats vote in favor of moving forward with the defense legislation, at least one Republican vote is necessary to reach the 60-vote threshold to end the filibuster on the legislation.
However, GOP leaders are reportedly telling its caucus to vote against cloture because of limitations on amendments that Democratic leadership will allow on the floor.
Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the defense authorization bill: a measure stripping the legislation of its “Don’t Ask, Don’t Tell” repeal language; a measure attaching the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.
“Sen. Reid, if he has not, absolutely needs to be on the phone with Susan Collins, Olympia Snowe, other members that we’ve discussed — and also be sitting down with them,” Thomas said.
On Monday, two key Republican senators issued statements indicating a lack of support for moving forward with the defense authorization bill, without outright saying they would vote against cloture.
Sen. Olympia Snowe (R-Maine) said the Senate should “have the ability to debate more than the three amendments the majority leader is allowing” and noted that the defense authorization bill “is the largest discretionary authorization measure that Congress considers.”
“It is therefore imperative that Senate deliberations on the defense bill be conducted without limitations and in a manner that allows for the consideration of all related amendments that senators may wish to offer,” she said.
An original co-sponsor of the Employment Non-Discrimination Act who’s known for supporting LGBT rights, Snowe also expressed concern about the “Don’t Ask, Don’t Tell” repeal language in the legislation and said a Pentagon report due Dec. 1 would help guide the decision to repeal the 1993 statute.
Sen. Susan Collins (R-Maine) said in a separate statement on Monday that the Democratic leadership’s decision to limit amendments on the defense authorization bill is “disappointing.”
“It is disappointing, however, that instead of allowing a full and open debate on the defense authorization bill, the majority leader intends to shut Republicans out of the debate,” she said. “Republicans and Democrats should have an equal opportunity to offer relevant amendments to this critical legislation.”
Collins called on Democratic leadership to “work with Republican leaders to negotiate an agreement so that the Senate can debate the defense bill this week.”
Other senators who are seen as potentially breaking with the Republican filibuster on the defense authorization bill are Sens. George Voinovoich (R-Ohio), Scott Brown (R-Mass.) and Richard Lugar (R-Ind.). Their offices haven’t responded to the Blade’s request for comment on the legislation.
Earlier on Tuesday, SLDN added Sens. George LeMieux (R-Fla.) and Kit Bond (R-Mo.) as Republicans who might break with their party to vote for cloture on the defense authorization bill.
The standoff over the number of amendments that will be allowed on the defense authorization bill has become a partisan issue even among LGBT groups.
On Monday, R. Clarke Cooper, executive director of the Log Cabin Republicans, issued a statement criticizing Reid over the rules he’s set for the defense authorization bill.
“There is an overwhelming majority of senators, Democrats and Republicans, who are committed to repealing ‘Don’t Ask, Don’t Tell,’ but Senator Reid’s partisan tactics could prevent the Senate from moving forward with this critical legislation for our nation’s military,” Cooper said.
Cooper added that the potentially “historic achievement” of the legislation shouldn’t “be scuttled because the Democratic majority has decided to exclude Republicans from the legislative process.”
But Michael Mitchell, executive director of National Stonewall Democrats, responded in a statement on Monday by saying Republicans are the ones obstructing the process.
“I hope that the Log Cabin Republicans will stop trying to blame those who are working through the legislative process to finally repeal [‘Don’t Ask, Don’t Tell’] once and for all and instead work to change the votes of their party’s senators and have it pass with the bipartisan support they claim they have,” Mitchell said.
Noting that Reid has said on the Senate floor he’s willing to work with Republicans on the legislation, Mitchell said a failure to invoke cloture wouldn’t be “the Democrats’ fault and it certainly won’t be the fault of Sen. Harry Reid.”
(Troops photo courtesy of the Department of Defense)
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.”
