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New calls for ENDA directive as White House reception approaches

Will Obama be heckled by attendees seeking workplace protections?

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

President Obama is facing renewed calls for an ENDA executive order. (Washington Blade file photo by Michael Key)

The absence of federal LGBT workplace non-discrimination protections continues to rile advocates as the White House prepares to welcome members of the LGBT community for a Pride reception.

LGBT advocates told the Washington Blade days before the event they had a singular desire for what they want President Obama to say to attendees — that he’ll sign an executive order barring federal contractors from discriminating against LGBT workers.

Fred Sainz, vice president of communications for the Human Rights Campaign, recalled Obama’s words during the 2008 presidential campaign as he called on him to announce he’ll sign the executive order.

“It’s been five long years since he made a promise to sign it and it’s long past time it gets done,” Sainz said. “This president has done virtually everything right on issues of LGBT equality. He’s been a steadfast ally. That’s why it’s so frustrating to see time go by without his signature on an EO that would protect millions of LGBT workers nationwide.”

The executive order is considered a campaign promise based on a “yes” response that then-candidate Obama gave on a questionnaire to the Houston GLBT Political Caucus indicating he supports a non-discrimination policy for all federal contractors based on sexual orientation and gender identity.

The Pride reception comes as the LGBT workplace non-discrimination issue has gained prominence — even in mainstream media. Last week, Ellen Sturtz, a lesbian activist affiliated with GetEQUAL, made headlines when she confronted first lady Michelle Obama at a Democratic National Committee fundraiser in D.C. and heckled her about the executive order.

Given the media interest in the confrontation last week, it’s possible advocates would pursue the same strategy — this time at an event where the president is slated to appear and one geared specifically for the LGBT community.

Heather Cronk, managing director of GetEQUAL, said her organization is planning “an action” for this week when asked whether her organization is doing something for the Pride reception. She declined to elaborate.

Shin Inouye, a White House spokesperson, offered few details via email when asked what Obama intends to say at the Pride reception.

“On Thursday, the President will deliver remarks at the LGBT Pride Month celebration at the White House,” Inouye said.

Tico Almeida, president of Freedom to Work, took the liberty of crafting a speech for Obama.

“When I first campaigned for president, I promised – in writing – to take executive action preventing federal contractors like ExxonMobil from wasting taxpayer money by discriminating against LGBT Americans,” Almeida said he hoped Obama would say. “For five years you’ve waited for me to do what’s right – sometimes patiently and sometimes not. … I’m sorry we’ve moved too slowly on this promise, but the good news is I brought a pen with me today.”

As pressure mounts on Obama to sign the executive order, members of the LGBT community from across the country are slated to make an appearance at the Pride reception on Thursday.

In a statement on June 3, Daryl Justin Finizio, mayor of New London, Conn., announced on his Facebook page he was set to attend the reception along with his spouse, Todd Ledbetter.

“My partner and I are moved by this invitation and are very grateful to President Obama for doing so much to support equal rights for all Americans,” Finizio said. “We’re proud to attend and represent our progressive city and its broad and diverse community of people from different nationalities, religions and genders.”

Also slated to attend the reception is the first gay couple legally married in Michigan, according to MLive.com. Gene Barfield and his spouse, Tim LaCroix, were married in March in the Little Traverse Bay Bands of Odawa Indians reservation after being together 30 years. Their marriage isn’t recognized by the state itself, which has a constitutional amendment banning same-sex marriage.

Barfield, who marched on the White House and returned his service medals from his time in the U.S. Navy in protest of “Don’t Ask Don’t Tell,” reportedly said he was shocked to receive the invitation.

“We’re always going to be in shock about this,” Barfield said. “The fact that there is going to be an LGBT celebration at the White House, times change, times change.”

According to Los Angeles Times, also planning to attend the reception is Rev. R. Guy Erwin, who was recently elected the Evangelical Lutheran Church in America’s first openly gay bishop. Bishop-elect Erwin was elected last month to a six-year term in the church’s Southwest California Synod, which includes the greater Los Angeles area.

Rea Carey, executive director of the National Gay & Lesbian Task Force said she wants the president to announce at the reception he’ll issue a directive to protect LGBT employees.

“We want to see him honor Pride month by ending the daily fear experienced by millions of Americans of losing their livelihoods because of who they are or who they love,” Carey 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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