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Exxon Mobil to offer spousal benefits to gay employees

Accused of anti-gay bias, oil giant institutes change to comply with fed’l policy

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Exxon, Mobil, gay news, Washington Blade

Exxon Mobil has adopted spousal benefits for its gay employees (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

Faced with criticism over anti-LGBT policies and a lawsuit alleging anti-gay bias in its hiring practices, oil-and-gas giant Exxon Mobil has elected to offer employees in same-sex marriages health and pension benefits.

Alan Jeffers, an Exxon Mobil spokesperson, said in a statement Friday the company had decided to institute the benefits in the wake of the Supreme Court decision against the Defense of Marriage Act to achieve consistency with the federal government.

“ExxonMobil will recognize all legal marriages for the purposes of eligibility in U.S. benefit plans to ensure consistency for employees across the country,” Jeffers said. “The decision is consistent with the direction of most U.S. government agencies, including the Department of Homeland Security, Treasury and the IRS. Legal marriages are determined by the laws of the state or country where the marriage took place.”

Jeffers said this approach to spousal benefits is consistent in all countries where Exxon Mobil operates, which looks to national laws to determine eligibility for spousal benefits. According to Exxon Mobil, the company provides benefits to same-sex spouses in 30 countries outside the United States.

Speaking with the Blade, Jeffers declined to say who executed the change within Exxon Mobil, but maintained it was enacted for the sake of consistency and will be effective Tuesday. Jeffers said the company won’t recognize civil unions or domestic partnerships, only legal marriages.

Exxon Mobil enacts these benefits amid criticism for having anti-LGBT policies. For example, the company has no non-discrimination protections for workers based on sexual orientation and gender identity in its Equal Employment Opportunity guidance. Exxon Mobil has the notorious distinction of being rated “-25” in the Human Rights Campaign’s Corporate Equality Index, the lowest of any company.

Deena Fidas, director of HRC’s Workplace Equality Program, called the move from Exxon Mobil “a step toward equality,” but expressed continued disappointment with the company for its overall practices in comparison to its competitors like Chevron or BP.

“There is no federal law protecting employees from discrimination against sexual orientation or gender identity and ExxonMobil refuses to join the majority of their Fortune 500 colleagues in adopting their own such policies,” Fidas said. “One has to wonder, what good are benefits for your same-sex spouse if you risk being fired for disclosing your sexual orientation in order to access them?”

The new policy from Exxon Mobil follows a similar decision from retail giant Walmart, which announced earlier this month it would begin offering domestic partner benefits to employees. But unlike Exxon Mobil, Walmart isn’t recognizing the same-sex marriages of workers for the purposes, even in states where same-sex marriage is legal.

For the 16th time this year, Exxon Mobil shareholders rejected a resolution that would have expanded the company’s equal employment opportunity policy to include non-discrimination protections for LGBT workers. This year, the resolution was sponsored by New York State Comptroller Thomas DiNapoli, whose state owns a significant share of the company.

In a statement, DiNapoli commended Exxon Mobil for its new policy.

“Corporate discrimination in any form is simply not good business,” DiNapoli said. “On behalf of those who have supported the New York State Common Retirement Fund’s shareholder resolutions on this issue over these past four years, I am gratified that ExxonMobil, one of the largest corporations in the world and one of the Fund’s largest holdings, will treat its employees with the dignity, equality and respect that they deserve.”

Exxon Mobil enacts the new policy as it faces a lawsuit in Illinois filed by the LGBT group Freedom to Work over alleged anti-gay bias in hiring practices. The case is pending before the Illinois Department of Human Rights.

Tico Almeida, president of Freedom to Work, called the company’s new policy “a victory,” but said it should be followed with the company settling the lawsuit by enacting a non-discrimination policy for its LGBT workers.

“It’s time for Exxon to stop wasting its shareholders’ money by running up legal bills on discrimination proceedings that can be settled right away if the corporation would simply add LGBT protections to Exxon’s official equal employment opportunity document,” Almeida said. “We’d like to begin settlement talks next week in our Illinois lawsuit stemming from evidence that Exxon gave hiring preference to a less qualified straight applicant over a more qualified lesbian applicant.”

But Exxon Mobil shows no signs of buckling on the issue of non-discrimination. Jeffers said the equal employment opportunity is based on the current federal law — which affords no explicit protections for LGBT workers — and said Freedom to Work’s lawsuit is without merit because it’s based on fictitious resumes sent to the company and not any real discrimination.

“We have responded to the claims,” Jeffers said. “We consider them baseless, without merit. We feel that the organization filed the complaint to really use our name to advance its political agenda. This is not a case of discrimination. We do not accept the claim and provided a response to the Department of Human Rights in Illinois.”

Additionally, Jeffers said the company has a “zero-tolerance” policy for discrimination. Although the equal employment non-discrimination policy doesn’t include protections for LGBT workers, Jeffers said the company has “very explicit” training against any form of discrimination, including sexual orientation, and has employee affinity groups, including one for LGBT employees.

Almeida acknowledged he had read the response filed by Exxon Mobil in the case and said it was written by Seyfarth Shaw, a Chicago-based firm that he earlier said was representing Exxon Mobil in the case. However, Almeida declined to provide a copy of the response. Exxon Mobil didn’t immediately respond to a follow-up request to provide the response.

Still, Almeida noted Exxon Mobil made the change to spousal benefits one week after the Labor Department made public its post-DOMA guidance for employer-provided pension and health care for employees, saying it’s evidence the company will act in a pro-LGBT way if required by federal law.

“The timing shows that Exxon is the kind of company that only does the right thing when they are forced by law, and therefore we will push forward on Freedom to Work’s lawsuit until Exxon agrees to amend its policies to make clear that LGBT Americans have the same workplace protections as everyone else,” Almeida 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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