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Gay candidates harp on opponents’ ‘Don’t Ask’ votes

Pougnet, Potosnak running against lawmakers who voted no

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Gay candidates seeking congressional office are capitalizing on their incumbent opponents’ votes against overturning “Don’t Ask, Don’t Tell” to build support in their electoral bids.

Those seeking to oust lawmakers from office are hoping that public support for ending “Don’t Ask, Don’t Tell” — which a CNN poll taken before congressional votes last month found nearly 80 percent of Americans favor overturning — will help build opposition to lawmakers who opposed the repeal compromise.

The votes on “Don’t Ask, Don’t Tell” repeal were taken May 27 in the U.S. House and the Senate Armed Services Committee to attach the measure as part of pending defense budget legislation.

Among the candidates capitalizing on votes against repeal is Steve Pougnet, the gay Democratic mayor of Palm Springs, Calif. who’s seeking to oust Rep. Mary Bono Mack (R-Calif.) from office.

Jordan Marks, campaign manager for Pougnet, said Bono Mack’s vote against repeal contributes to dispelling the perceived notion that she’s a moderate Republican.

“On ‘Don’t Ask, Don’t Tell,’ for so long, Mary Bono Mack had to have it both ways to show that she was a friend to the gay and lesbian community,” he said.

In a statement published shortly after the vote, the lawmaker defended her vote against the “Don’t Ask, Don’t Tell” repeal measure by saying she wants to wait until the Pentagon completes its study on the issue at the end of the year.

“I care deeply about our men and women in uniform and believe it is essential that a thorough review be completed by our military commanders prior to Congress enacting such a sweeping change,” she said. “This vote should have happened after that review.”

Bono Mack also noted opposition to the repeal measure voiced by the four service chiefs before the vote took place. She said lawmakers do these military leaders “a great disservice if we ignore their advice on this important issue.”

Until the “Don’t Ask, Don’t Tell” vote, Bono Mack had been regarded in some circles as a pro-gay Republican because of her voting record. Bono Mack had voted twice against the Federal Marriage Amendment and in favor of hate crimes legislation and a version of the Employment Non-Discrimination Act.

After the vote against “Don’t Ask, Don’t Tell” repeal tarnished her record on May 27, the Human Rights Campaign endorsed Pougnet.

Although Pougnet is running in a traditionally Republican district, a boost from the “Don’t Ask, Don’t Tell” vote could be enough to give Pougnet the necessary edge to topple Bono Mack in what’s seen as a competitive race.

Pougnet is credited with being a powerhouse fundraiser and, according to Marks, will report $1.2 million in fundraising at the end of the second quarter. As of mid-May, Bono Mack has about $1.5 million in net receipts, according to Federal Election Campaign records.

Additionally, a June report in the Politico revealed that the National Republican Congressional Committee identified Bono Mack as one of nine potentially vulnerable Republican congressional lawmakers.

Geoff Kors, executive director of Equality California, said Bono Mack’s “no” vote on “Don’t Ask, Don’t Tell” provides “clear proof” to supporters of repeal that she’s waffling on the issue.

“She always said if the military was OK with repealing it, she was fine,” Kors said. “The bill that went forward requires the military to finish its process and say that it won’t harm our military to repeal it, yet she still voted against it.”

Kors said Bono Mack’s vote has “riled up” those who thought she supported LGBT rights and “intensifies people’s belief that it’s time for her to go.”

On the other side of the country, Ed Potosnak, a Democrat running against incumbent Rep. Leonard Lance (R-N.J.) to represent New Jersey’s 7th congressional district, is similarly capitalizing on his opponent’s vote against overturning “Don’t Ask, Don’t Tell.”

Potosnak, a former staffer for Rep. Mike Honda (D-Calif.) and public school teacher, said Lance’s vote is evidence the lawmaker has changed since he was elected to office.

“The vote against repealing ‘Don’t Ask, Don’t Tell’ really goes a long way in demonstrating that Lance is just out of touch,” Potosnak said.

Potosnak said Lance’s vote on “Don’t Ask, Don’t Tell” — as well as other votes the lawmaker has cast in his career — show he’s “on the wrong side of history.”

As the campaign progresses, Potosnak said voters “will have the opportunity to see how much he has changed since going down to Washington.”

Lance’s campaign didn’t respond to the Blade’s request to explain the lawmaker’s vote against “Don’t Ask, Don’t Tell” repeal.

While the lawmaker’s vote against “Don’t Ask, Don’t Tell” repeal could give Potosnak an edge in the race, he still faces an uphill battle. He’s running in a traditionally Republican district, and recent campaign finance reports show that he has around $51,000 in cash-on-hand compared to the $500,000 in Lance’s coffers.

Jimmy LaSalvia, executive director of GOProud, a gay conservative group that advocates for repeal of “Don’t Ask, Don’t Tell,” defended lawmakers who voted “no” by noting results of the Pentagon study have yet to be revealed.

“We had a plan to look at this and get rid of it, and now you’re telling [us] to scrap that plan and vote on it now,” LaSalvia said. “The reason for many of those votes were the result of the Democrats changing the strategy in mid-stream, and it couldn’t have been more poorly handled.”

Another gay candidate seeking congressional office won’t be to draw attention to an opponent’s vote against “Don’t Ask, Don’t Tell” repeal in his campaign. David Cicilline, the Democratic mayor of Providence, R.I., who’s seeking to represent Rhode Island’s 1st congressional district, isn’t running against an incumbent candidate.

The lawmaker that Cicilline is seeking to succeed is Rep. Patrick Kennedy (D-R.I.), who announced his planned retirement from the House earlier this year. Kennedy voted in favor of the repeal measure.

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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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