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HRC president responds to Choi protest

Solmonese notes ‘frustration at the pace of progress’

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Human Rights Campaign President Joe Solmonese (DC Agenda photo by Michael Key)

Joe Solmonese, president of the Human Rights Campaign, jumped into the debate triggered this week by gay Army Lt. Dan Choi over whether LGBT leaders and organizations are doing enough to advance LGBT equality, saying there should be a place for different tactics and strategies, including civil disobedience.

In response to questions from DC Agenda, Solmonese disputed Choi’s assertion that a deep “schism” exists in the LGBT movement over tactics and strategy.

Here are Solmonese’s responses to our questions:

DC Agenda: Dan Choi told Newsweek that groups like HRC “do not represent us if all you are looking for is a ladder to elite society.” He also said there’s a “deep schism” in the gay movement over strategy and tactics. What’s HRC’s response to this?

Joe Solmonese: Any healthy and diverse social movement will have a diversity of voices and opinions. Individuals and groups will take different approaches based on their ideology, life experience and other sincerely and deeply held beliefs about the political process. This is not indicative of a schism, but rather a sign of vibrant engagement.

Differences over tactics are nothing new; they have been a part of the LGBT rights movement since its inception. While there are some differences over strategy and tactics, there is a wide and deep consensus about movement priorities — LGBT non-discrimination laws (ENDA, DADT repeal, education, housing, credit, etc…), hate crimes protections and relationship recognition (marriage, DOMA repeal, domestic partnership benefits, adoption). Again, some in the community dissent from one or more of these goals, but these objectives enjoy significant support across the LGBT community.

Quick facts on our work:

• Our recent efforts across the country, with particular emphasis on 103 priority congressional districts, have resulted in over 190,000 phone calls and e-mails to members of Congress.

• 2,500 veterans recently said in a survey they’re willing to take action to repeal “Don’t Ask, Don’t Tell.”

• Our members submitted over 1,300 letters to editors in papers in priority media markets.

• Earlier this month, HRC sent 275 of our members to lobby on the Hill in support of ENDA, DADT and other key legislation.

• Beyond the Beltway, our members conducted over 250 in-district lobby visits.

• In 41 cities, we held events that highlighted veterans who are opposed to “Don’t Ask, Don’t Tell.” Over the next several months, we will conduct at least 20 more of these events.

• In May, we will send an even larger number of veterans to the Hill to lobby for repeal of the “Don’t Ask, Don’t Tell” law.

DC Agenda: What’s HRC’s view on how, or whether, non-violent civil disobedience action — as Dan Choi and Robin McGehee of the new national group GetEqual.org are now calling for — fits into the overall efforts to advance LGBT rights that HRC is working for?

Solmonese: The beauty of our movement is that we have a dedicated community that is constantly searching for new and innovative ways to effect change in Washington and at home. Whether it be the actions last week or meeting with a senator in a district office, these are ways that our community continues to advocate for LGBT equality. Activism by Dan Choi and others has one common intent in mind that we also share: to advance equality in the fastest way possible. As we said last week, this is the nature of social change and everyone has a role to play.

DC Agenda: Members of GetEqual.org, as you know, were arrested in the Washington and San Francisco offices of House Speaker Nancy Pelosi in a protest over what they say is Pelosi and Congress’s failure to hold a vote this year on ENDA. HRC has not included ENDA on its list of LGBT-related bills it expects Congress to vote on this year. What is HRC’s understanding of why ENDA hasn’t been scheduled for a mark up in the House and Senate and may not be voted on in the Senate this year?

Solmonese: The Human Rights Campaign and the entire LGBT community have worked hard over the last two years to build support in Congress to pass a fully inclusive Employment Non-Discrimination Act (ENDA). In recent weeks, Rep. Barney Frank (D-Mass.), the lead sponsor of ENDA, has publicly stated on a number of occasions that he believes that the House should move ENDA in the coming weeks and that we can pass an inclusive bill. We agree. We also agree with Speaker Pelosi that ensuring we will win that vote and protect the bill from harmful amendments is a critical factor in timing of floor action.

DC Agenda: Dan Choi and others have suggested that mainstream LGBT groups like HRC are too accommodating to the White House and congressional Democratic leaders on issues like ENDA and DADT. What is HRC’s current count of U.S. senators on an up or down vote on ENDA right now? Can you release a list of which of the 17 Democratic senators who are not ENDA co-sponsors will vote for or against ENDA?

Solmonese: There has been understandable frustration in the community at the pace of progress at advancing some of the pieces of key legislation that are important to the lesbian, gay, bisexual and transgender community. We continue to press the president and Congress to live up to the promises they made to advance real, substantive equality for LGBT Americans. It is critical that everyone in the LGBT community and our allies engage in this effort.

All senators (or House members) who are not co-sponsors of ENDA, DADT or other LGBT bills are pursued as key votes needed in order to pass pro-equality legislation.

DC Agenda: If you choose not to release this list, please explain why you feel it should not be released at this time. Many activists feel they could better direct their lobbying or ‘direct action’ if they know which way their senators stand on ENDA. As far as I can see, HRC’s lengthy and detailed web site page on ENDA makes no mention at all of which lawmakers are for or against ENDA.

Solmonese: Members’ positions on ENDA are determined by their co-sponsorship of the legislation, a clear public statement or their vote. Ensuring we will win that vote and protect the bill from harmful amendments is a critical factor for determining floor action and timing. There are 17 Democratic senators and 39 Republican senators who are not cosponsors of ENDA. We must win 14 of these votes to get to 60 votes to overcome a potential filibuster. Unless a member of Congress makes a clear public statement, we do not assume we have their vote.

Direct action toward a member of Congress should be done after a careful analysis of that member’s position on the issue and, if they are not publicly supportive, after determining why are they not publicly supportive. This involves significantly more research than checking a web site. HRC works every day with individual activists and organizations in those states and districts that require the most intensive grassroots work. Every LGBT person who cares about these issues should lobby their House member and two senators. Even cosponsors must be asked to do more to bring these bills to successful votes.

DC Agenda: Robin McGehee of GetEqual.org says her group wants a vote on ENDA, even if there aren’t enough votes to pass it. What is HRC’s view on this? What are the pros and cons of having a vote on an important bill if you know in advance there aren’t enough votes to pass it?

Solmonese: An unsuccessful vote can be very harmful to an issue and prevent successful action for many years. In some cases, having the vote can be a useful marker. Particularly in regard to ENDA, bringing the bill to the Senate floor without very careful consideration could result in some incredibly harmful amendments, some related to ENDA and other anti-LGBT-related amendments. Harmful congressional votes can spill over into fights over state legislation and into state and federal court cases. In addition, it is unusual for congressional leaders to schedule votes that are expected to fail.

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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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