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Lawyers say Bradley Manning struggled with gender identity disorder

Soldier accused of leaking thousands of U.S. classified documents

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Information has come to light that Pfc. Bradley Manning may have struggled with his gender identity. (File photo)

Attorneys representing Pfc. Bradley Manning, a 24-year-old Army private previously identified as gay, startled observers at a pre-court martial hearing on Saturday by saying allegations that Manning leaked classified U.S. intelligence information could be linked to a personal struggle over his gender identity.

Revelations that Manning created a Facebook page under the name Breanna Manning, that he dressed in women’s clothes, and he told an Army supervisor that he was suffering from gender identity disorder surfaced on the second day of a military proceeding known as an Article 32 hearing at Fort Meade, Md.

An Army witness testified at the hearing that investigators learned that Manning kept a collection of articles about gender identity disorder in his personal living quarters.

Authorities have accused Manning of orchestrating the largest intelligence leak in U.S. history while he worked as an Army intelligence analyst in Iraq. He was arrested in May 2010 on 22 counts of violating military codes pertaining to intelligence. He faces a possible sentence of death or life in prison if convicted on all charges.

MORE IN THE BLADE: PROTESTERS GATHER TO SUPPORT MANNING

Among other things, he’s accused of turning over more than 250,000 classified Pentagon and State Department documents through attached email files to the organization WikiLeaks, which published most of the documents on its website.

News that Manning reportedly was experiencing gender identity disorder comes at a time when the American Psychiatric Association is in the process of eliminating that term from its diagnostic manual and replacing it with the term gender dysphoria.

Jack Drescher, an out gay psychiatrist and Clinical Associate Professor of Psychiatry and Behavioral Sciences at New York Medical College, is a member of an APA working group that has recommended replacing the term disorder with gender “dysphoria.”

Drescher said both terms refer to a transgender person’s self-identification with a gender other than what he or she was born with biologically. He said the change, which transgender activists and their supporters in the APA feel would end unnecessary stigmatization caused by the term disorder, is expected to be put in place in 2013.

MORE IN THE BLADE: SUPPORTERS WORTY ABOUT TORTURE IN BRADLEY MANNING DETENTION

According to Reuters News Service, Manning’s attorney, David Coombs, and Manning’s brigade chief, Captain Steven Lim, told the Dec. 17 Article 32 hearing that Manning informed an Army intelligence supervisor by email in April 2010 that he was suffering from gender identity disorder.

Lim testified at the hearing that Manning disclosed in his email that the disorder was “affecting his life, work and ability to think,” Reuters reported. Lim also testified that Manning’s email included a photo of Manning dressed as a woman.

Coombs stated at the hearing that Manning’s self disclosure that he was struggling over his gender identity was a sign that he was emotionally unstable and may not have been in a position to handle highly classified documents, Reuters reported.

The news service said Lim testified at the hearing that the supervisor who received the email did not report the information to her superiors until after Manning was arrested a month later for allegedly leaking the classified documents.

Observers of the case have speculated that Manning’s defense may be laying the groundwork for a less severe sentence if Manning is convicted in a court martial. Observers say the defense may argue that Manning showed warning signs of instability that should have prompted his supervisors to revoke his high-level security clearance and cut off his access to classified information before the alleged wrongdoing took place.

In addition to the gender identity issues, information surfaced at the hearing that Manning got into trouble earlier for allegedly assaulting a female supervisor. In a separate incident he reportedly flew into a rage and overturned a table, sending a computer “crashing to the ground,” Reuters reported.

MORE IN THE BLADE: GAY SOLDIER ACCUSED OF LEAKING CLASSIFIED FILES

In yet another incident, an Army intelligence officer testified at the hearing that she saw Manning “curled up on the floor with his arms around his knees,” according to Reuters.

Manning, who is from Maryland, has been seen at gay community events in Washington, D.C. in 2009. On the publicly viewable section of his Facebook profile he listed several outside web pages as being among his favorites, including that of the Human Rights Campaign, a gay organization; the website of Rep. Barney Frank (D-Mass.); and the Washington Blade’s website.

Mara Keisling, executive director of the National Center for Transgender Equality, said she is concerned that revelations about Manning’s gender identity could be incorrectly interpreted as the cause for his alleged wrong-doing.

“It’s totally unrelated,” she said. “I don’t know him and all I know about this is what I’ve read in the papers. But whether he’s trans or not has absolutely nothing to do with whether he committed treason or whatever he’s accusing of doing.”

Drescher said he also serves on a World Health Organization committee that will consider recommendations to remove gender identity as a mental health diagnosis, and making it a medical diagnosis. He said the medical classification recommendation would be considered by WHO, a United Nations body, for inclusion in its International Classification of Diseases, or ICD, an internationally recognized reference manual for all diagnoses of diseases.

According to Drescher, such a change would not be decided until 2015, when the current version of the ICD is scheduled to be revised.

He said many transgender advocates familiar with medical issues agree that a medical diagnosis for transgender persons is needed to clear the way for medical insurance coverage of ongoing hormone treatment and gender reassignment surgery.

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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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