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ENDA supporters demand action now

But immediate vote unlikely as recess nears

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National Gay & Lesbian Task Force Executive Director Rea Carey, center, and others are calling on Congress to immediately pass the Employment Non-Discrimination Act. (Photo courtesy of Task Force)

Several LGBT organizations are calling on Congress to take immediate action on the Employment Non-Discrimination Act, as potential delays threaten to scuttle the bill.

Advocates made their case for the passage of ENDA, a federal measure that would bar job bias against LGBT people in most public and private workforce settings, during a press conference Tuesday at the National Press Club in D.C.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA supporters are demanding Congress “pass without delay” the bill to ensure that LGBT people have “the right to join with others in contributing our talent, skills and expertise to this nation’s workforce.”

“We are at the end of our patience,” she said. “In this Congress alone, we have organized over 200 constituent Hill visits to members of the House and the Senate.”

Mara Keisling, executive director of the National Center for Transgender Equality, emphasized the importance of passing ENDA to provide protections for transgender people seeking employment.

“All of our organizations get calls every week — sometimes every day of the week — from people who are losing jobs from lesbians in Manhattan, Kansas, to transgender people in Louisiana,” she said.

Keisling said a recent study conducted by her organization found that 27 percent of transgender people were fired because of their gender identity and 97 percent of trans people have faced harassment at work.

“As somebody who has done survey research most of my professional life, I can tell you, you never see 97 percent,” Keisling said. “That’s everybody.”

Despite the calls for immediate action, it’s unlikely the House will take action on ENDA in the coming weeks due to scheduling issues.

A Democratic leadership aide, who spoke to the Blade on the condition of anonymity, said U.S. House Speaker Nancy Pelosi held a conference call with LGBT leaders on Monday in which she said ENDA passage would have to be put off until later.

According to the aide, Pelosi said her preference was to move forward with a vote on ENDA, but the opportunity for an amendment on “Don’t Ask, Don’t Tell” could naturally come up as an amendment next week when the House takes up defense budget legislation.

“Some of the groups want to vote on both things next week, and there is physically not the time to do that,” the aide said.

After completing work next week, the House is scheduled for a week-long recess for Memorial Day break, potentially putting off a vote on ENDA and perhaps endangering the bill as lawmakers move toward the thick of campaign season.

Also problematic for the passage of ENDA in the House is a legislative floor maneuver available to opponents: the motion to recommit. The maneuver forces a vote on sending the legislation back to the committee that approved it — possibly with or without instructions.

In an effort to kill the bill, opponents of ENDA could employ a motion to recommit that might strip the transgender protections from the legislation, or affect some other aspect of the bill’s language. Some conservative ENDA supporters may feel inclined to vote for this motion to recommit even if they would vote in favor of the legislation as a whole.

Should lawmakers pass the legislation in the House, passage in the Senate is doubtful. Multiple sources have told the Blade that supporters do not have the 60 votes needed in that chamber to overcome a filibuster.

But LGBT leaders remain optimistic about the support for ENDA in the House. Keisling said the legislation is “ripe” for passage because it currently has 202 co-sponsors, which she said is the greatest number of co-sponsors for any piece of pro-LGBT legislation in Congress. Having 202 co-sponsors means just 16 additional votes are needed for passage when the bill comes to the floor.

Carey said she believes the votes are there for passage of ENDA on the House floor and for defeating a motion to recommit that would strip from the bill its transgender language.

“We are calling for Congress to take up its responsibility to represent its constituents, and we are among them,” she said. “We believe we have the votes in the House — both on the bill and to make sure that the bill remains inclusive of our community.”

One reporter asked during the press conference how confident ENDA supporters are that the legislation could survive a motion to recommit that’s narrower than stripping out the gender identity protections.

Keisling said the focus of motions to recommit are often unpredictable, but ENDA supporters have as much confidence in defeating a motion based on gender identity as they are with other issues.

“I don’t think we’re more worried about a gender identity motion to recommit, at this point, than we are against just a mischievous, shameful, cynical motion to recommit that could include gay people, could include trans people,” she said. “Advancing human rights is sometimes about taking risks.”

The Human Rights Campaign didn’t join Tuesday’s news conference at the National Press Club.

Asked during the event about HRC’s absence, Carey said Joe Solmonese, HRC’s president, had been invited to attend, but was unable due to travel commitments.

“What I will say is that the Human Rights Campaign has continued to be a very strong ally in the coalition of organizations, specifically pushing for an inclusive bill for all of our community,” Carey said.

In response to a Blade query as to why HRC didn’t join the conference, Michael Cole, an HRC spokesperson, responded with a statement on the general situation with ENDA.

“The Speaker, Chairman [Barney] Frank, Chairman [George] Miller and Reps. [Tammy] Baldwin and [Jared] Polis are focused on securing the votes needed to pass ENDA and defeat a harmful motion-to-recommit,” he said. “On a call the Speaker had with a number of LGBT organizations [Monday], she said that she didn’t intend to leave this Congress without a vote on ENDA. We’re focused on getting the votes necessary to pass the bill once it does come to the floor.”

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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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