National
In 2012 election, are women the new gay?
GOP attacks on Planned Parenthood, contraception take center stage
Move over gays. The dominant social issue heading into the 2012 election isn’t marriage or “Don’t Ask, Don’t Tell,” but a topic many thought was resolved decades ago: women’s rights.
Republican presidential candidates rail against Planned Parenthood; the Senate votes on allowing employers to opt out of providing birth control coverage; and Republicans derail legislation aimed at helping women who are victims of domestic violence. As a result, some are asking: Are women the new gay?
Terry O’Neill, president of the National Organization for Women, said women’s rights have become the No. 1 social issue — creating a “truly unprecedented war against women” — because of the Tea Party’s success in the 2010 elections.
“In addition to health care services, this war on women really includes repeated efforts by conservative lawmakers to slash social programs, like Head Start and after-school programs and family planning centers as well as Medicare and Medicaid and Social Security,” O’Neill said. “These are all programs that women disproportionately rely on.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, said women’s issues are a prominent part of public discourse in 2012, but not in a way that separates them from LGBT rights or other social issues.
“There are many women who are lesbian, bisexual and transgender,” Carey said. “If you look at Planned Parenthood, we know that many members of the LGBT community rely on Planned Parenthood for health services, so even if we’re looking at the attacks on Planned Parenthood — these are not separate from the attacks on our own community.”
Republican presidential candidates have criticized President Obama for instituting a regulation requiring employers — even religious organizations — to provide birth control as part of insurance coverage to female employees. In February, the rule was amended so companies with a moral objection could opt out of such coverage, but in their stead, the private insurers with which the employers contracted would have to offer contraception.
Republican presidential candidate Rick Santorum has railed against the change as an affront to religious liberty and attacked contraception, saying it leads to the spread of sexually transmitted diseases and unplanned pregnancies.
Santorum articulated his views in an interview with a conservative blogger last fall before he became a strong contender in the presidential race.
“One of the things I will talk about that no president has talked about is, I think, the dangers of contraceptives in this country,” Santorum said. “The whole sexual libertine idea. Many in the Christian faith have said, ‘Contraception’s OK.’ It is not OK. It’s a license to do things in the sexual realm that is counter to how things are supposed to be.”
Romney, viewed as a more moderate candidate in the race, has also articulated his views on women’s issues, telling a local reporter in Missouri earlier this month that he would “get rid” of Planned Parenthood.
“Of course you get rid of Obamacare, that’s the easy one, but there are others,” Romney said. “Planned Parenthood, we’re going to get rid of that.”
Romney campaign strategist Eric Fehrnstrom later clarified the former Massachusetts governor was talking about cutting federal funding for the organization.
Conservative talk show host Rush Limbaugh has joined the attacks related to contraception. On Feb. 29, he called Georgetown University law student Sandra Fluke a “slut” after she gave congressional testimony in support of mandating health insurers to cover contraceptive costs.
“It makes her a slut, right?” Limbaugh said. “It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception. She wants you and me and the taxpayers to pay her to have sex.”
Obama personally called Fluke to express solidarity with her after Limbaugh made the remarks. After advertisers began withdrawing from Limbaugh’s show, he apologized, saying his “insulting word choices” were meant to be “humorous.”
Planned Parenthood has taken the brunt of attacks as women’s issues have come to the forefront. In January, the Susan G. Komen organization, the largest breast cancer organization in the country, cut funding to Planned Parenthood after conservative Karen Handel was named senior vice president for public policy.
A public backlash ensued in which Planned Parenthood received nearly $1 million in donations — more than the $600,000 a year that Komen had contributed each year. The next month, Komen’s board of directors apologized, issuing a statement pledging, “to fund existing grants, including those of Planned Parenthood, and preserve their eligibility to apply for future grants.” Handel resigned a few days later.
The emphasis on women’s issues doesn’t mean Republican hopefuls haven’t addressed LGBT issues in their campaigns. Santorum and Romney back a Federal Marriage Amendment and have pledged to defend the Defense of Marriage Act in court.
Still, the discussion of LGBT rights this year hasn’t been as high profile or drawn as much media attention as women’s rights.
And it’s a far cry from 2004 when the issue of same-sex marriage was center stage in the presidential election. The legalization of same-sex marriage in Massachusetts and then-San Francisco Mayor Gavin Newsom’s decision to marry gay couples prompted both Democratic candidate John Kerry and former President George W. Bush to repeatedly declare their opposition to same-sex marriage. Bush made support for a Federal Marriage Amendment a cornerstone of his campaign.
Whether women’s issues will remain on the front-burner of the presidential campaign remains to be seen.
O’Neill said she thinks Republicans will drop women’s issues as a point of contention once they settle on Romney as their nominee.
“Mitt Romney is going to run to the center as hard as he can, and he’s going to run away as hard as he can from women’s issues because he gets that this war on women is a losing war for his party,” O’Neill said.
Moreover, LGBT rights might return to the forefront as voters in as many as five states — Minnesota, North Carolina, Maine, Washington and Maryland — take up the issue of same-sex marriage at the ballot.
Carey said she doesn’t want LGBT people to think they’re “off the hook” in the 2012 election because these issues will be coming up soon.
“I have no doubt that as the marriage amendments around the country start heating up, even more than they are now, we might have a similar conversation a few months from now saying, ‘Wow, the dominant conservation in the presidential election has become the marriage amendments,'” Carey said.
The emphasis on women’s issues isn’t just occurring in the national presidential contest; it can be seen at the state level as well.
In Virginia, Gov. Bob McDonnell signed legislation requiring women to have ultrasound exams before electing to have an abortion. The initial bill called for a vaginally invasive form of the examination, but was changed following protests.
At the same time, an anti-gay adoption bill that would allow private adoption agencies to discriminate in placements conflicting with their religious or moral beliefs, including on the basis of sexual orientation, is awaiting McDonnell’s signature.
In some instances, controversy over women’s rights issues has had a direct impact on LGBT issues.
On March 1, the Senate narrowly agreed by a vote of 51-48 to table a measure known as the “Blunt amendment.” Sponsored by Sen. Roy Blunt (R-Mo.), the measure was aimed at allowing not only religious groups but any employer with moral objections to opt out of contraception coverage for employees.
Retiring Sen. Olympia Snowe (R-Maine) was the only Republican to vote with Democrats to table the amendment. Other Republicans considered to be moderates — such as Sens. Scott Brown (R-Mass.), Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska)— voted with their caucus. Democrats joining Republicans were Sens. Bob Casey (D-Pa.), Joe Manchin (D-W.Va.) and Ben Nelson (D-Neb.).
But the amendment was seen as having an impact on LGBT people because its broad language could have also affected the health care services LGBT people receive. According to the Task Force, the measure could have allowed an employer to deny a gay man treatment for HIV/AIDS, hormone therapy for a transgender person or in-vitro fertilization for a lesbian couple.
The same could be said for the Violence Against Women Act reauthorization, legislation before the Senate that would extend and strengthen programs working to combat domestic violence. A vote on the bill, which was reported out by the Senate Judiciary Committee in February, is being held up by Republicans.
On March 15, a group of mostly women senators took to the Senate floor to decry Republican obstructionism, saying its passage is necessary to fund programs to help women who are victims of violence or sexual assault. Sen. Barbara Mikuski (D-Md.) was among the lawmakers who spoke out.
“We’ve got to remember our communities and our families, and I think if you’re beaten and abused, you should be able to turn to your government to either be rescued and put you on the path, and also to have those very important programs early on to do prevention and intervention,” Mikulski said.
But the VAWA reauthorization also impacts the LGBT community because it has language extending protections to people in same-sex relationships who are victims of domestic violence.
The bill would make grants available for programs providing services to LGBT victims of domestic violence. Additionally, the bill contains non-discrimination language prohibiting VAWA grantees from discriminating against LGBT people.
These enumerated protections are among the reasons Republicans are blocking the bill from a Senate vote. During the committee markup of the bill, Sen. Charles Grassley (R-Iowa) voiced opposition to language protecting undocumented immigrants and expanding powers of Indian tribes as well as provisions for LGBT people.
“I agree that shelters and other grant recipients should provide services equally to everyone, but advocates of this provision haven’t produced data that shelters have refused to provide services for these reasons,” Grassley said. “The provision is a solution in search of a problem.”
Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.
Sen. Dianne Feinstein (D-Calif.) articulated the need for LGBT provisions in VAWA reauthorization during her speech, saying opponents refuse to support the bill because of these expanded protections.
“In my view, these are improvements,” Feinstein said. “Domestic violence is domestic violence. I ask my friends on the other side, if the victim is in a same-sex relationship, is the violence any less real? Is the danger any less real because you happen to be gay or lesbian? I don’t think so.”
On Wednesday, House Minority Leader Nancy Pelosi (D-Calif.), Rep. Gwen Moore (D-Wis.) and other House Democrats were set to introduce their version of VAWA reauthorization. Like the Senate bill, the House Democrats’ version of the legislation was slated to have enumerated LGBT protections.
The Task Force’s Carey said the joint impact of these measures on women and LGBT people demonstrates the interconnectedness of the two communities.
“What we know, and I think society has learned over the past 40 years is that LGBT people are part and parcel of every other community in this country,” Carey said. “The Blunt amendment and the Violence Against Women Act are two specific examples of where our fates are tied.”
Progressive activists say the takeaway is that the LGBT community and women’s rights advocates should work together in the 2012 election as part of a broader coalition to protect their interests.
Hilary Rosen, a lesbian D.C.-based Democratic activist, also said the new attention to women’s issues demonstrates the need for the progressive coalition to stand together in the election.
“I think it means there is a great alliance forming — more important than in any recent election — among women, LGBT, Latinos and others depending on continued social progress in this country,” Rosen said. “Romney has declared he is going to be the ‘Etch-a-Sketch’ candidate, which means he doubles down on oppositon to all of us.”
Carey emphasized the importance of all elements of the progressive community standing together with women.
“One, we have shared opponents and shared future, and two, we are women, too,” Carey said. “Two, speaking as a lesbian myself, it’s hard to discern if there’s an attack on women, I can’t just put away my lesbian self for the night.”
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.”

