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Gay lawmakers back Pelosi’s leadership bid

But some advocates unhappy with decision to pursue post

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U.S. House Speaker Nancy Pelosi’s (D-Calif.) decision to pursue a bid as minority leader in the upcoming Congress is being met with unanimous support among the openly gay members of Congress as some LGBT advocates expressed regret that more pro-gay legislation didn’t pass during her tenure as presiding officer.

After Pelosi announced her decision to run for House minority leader last week, openly gay members of Congress declared their support for her decision and praised her work representing San Francisco in Congress for 23 years and her work in the last four years as speaker.

Rep. Tammy Baldwin (D-Wis.), the only out lesbian in Congress, said in a statement to the Blade that she’s among those endorsing Pelosi in her decision to become Democratic leader in the next Congress.

“I remain loyal to Nancy Pelosi,” Baldwin said. “In the last two years, she accomplished things that we’ve been trying to do for decades. Without her unique leadership passing health care reform, [the stimulus package], higher education reform, Wall Street reform, the Matthew Shepard Hate Crimes Act, and the House-passed Energy and Climate Change bill would never have happened.”

In an interview with the Washington Blade on Monday, Rep. Barney Frank (D-Mass.), the longest-serving openly gay member of Congress, also said he backs Pelosi’s decision to stay on as Democratic leader. He’s often spoken highly of her commitment to LGBT issues.

“I’m supporting her; I think she’ll win,” Frank told the Blade.

Also among those expressing support for Pelosi’s continued leadership is Rep. Jared Polis (D-Colo.), a gay lawmaker who last week issued a statement praising Pelosi’s decision and her support for the LGBT community.

“I strongly support the speaker and her decision to run for Democratic leader,” Polis said. “She has been a longstanding and ardent supporter of the LGBT community and I will do anything to help continue her leadership. The speaker has led the Democrats out of the wilderness before and I am confident she can do it again.”

David Cicilline, the Rhode Island politician who last week was elected to become the fourth openly gay member of Congress, also endorses Pelosi’s move. Richard Luchette, a spokesperson for Cicilline, said the congressman-elect “will be supporting Nancy Pelosi for minority leader.”

During the course of her tenure as speaker since 2007, Pelosi has pushed through a number of pro-LGBT bills through the U.S. House. The chamber passed hate crimes protections legislation in 2007 and again in 2009.

Pelosi also mustered enough votes in 2007 to pass through the House a version of the Employment Non-Discrimination Act that later died. This year, a measure that would lead to “Don’t Ask, Don’t Tell” repeal passed the House by a 40-vote majority.

The health care reform legislation that Pelosi dragged to the finish line earlier this year increases access to Medicaid for people with HIV and improves Medicare Part D by closing the “donut-hole” for people participating in AIDS Drug Assistance Programs. Additionally, the law prohibits insurance companies from discriminating based on pre-existing conditions, such as HIV status.

But despite Pelosi’s success in the House with pro-LGBT legislation, only hate crimes legislation also successfully passed through the Senate during her time as speaker. Additionally, Pelosi has endured criticism for not moving forward with a trans-inclusive ENDA during the 111th Congress.

Drew Hammill, who’s gay and a Pelosi spokesperson, said the California lawmaker has been “a staunch advocate” for LGBT people during her more than 20 year in Congress. Among the positions she’s taken that he cited are leading the fight against HIV/AIDS, opposing a U.S. constitutional amendment banning same-sex marriage and speaking out against Proposition 8 in California.

“Nancy Pelosi will continue to be a friend, advocate and staunch ally to the community and the leading voice in the Congress for LGBT equality,” Hammill said.

House Democrats will vote at the start of the lame duck session next week on who will become minority leader in the 112th Congress as well as which members will assume other positions in Democratic leadership. As of Blade deadline, no other House member has challenged Pelosi in her bid to become Democratic leader.

The more contentious battle will likely be over who will take the No. 2 position in the Democratic caucus. Both current House Majority Leader Steny Hoyer (D-Md.) and House Majority Whip Jim Clyburn (D-S.C.) are vying to become House minority whip. Hoyer is expected to have the backing of more moderate members of Congress, while Clyburn will likely have support from progressives as well as the Congressional Black Caucus and the Congressional Hispanic Caucus.

Although Pelosi thus far is running unopposed as minority leader, the speaker’s decision to continue to lead the House Democratic caucus has irked some conservative Blue Dogs who distanced themselves from the speaker during the campaign and barely survived the Republican onslaught on Election Day.

Among the U.S. House members who’ve publicly said they wouldn’t vote for Pelosi as minority leader are Reps. Larry Kissell (D-N.C.), Jim Matheson (D-Utah), Health Shuler (D-N.C.) and Dan Boren (D-Okla.).

Eager to tie Democrats to Pelosi again in the 2012 election, the Republican National Committee last week draped a red banner across the front of its headquarters reading, “Hire Pelosi.” Prior to Election Day, as Republican candidates hammered House Democrats belonging to the caucus that voted Pelosi into power, a similar banner hung on the face of the building reading, “Fire Pelosi.”

One Democratic lobbyist, who spoke to the Blade on the condition of anonymity, expressed disappointment with Pelosi’s decision to stay on as minority leader and said the move doesn’t bode well for Democrats.

The lobbyist noted that fewer Democrats will be in the House next year than the number that were present in the minority prior to Pelosi’s ascension to speaker in 2006.

“Her polarizing history as leader will severely hamper Democratic recruitment efforts in the districts we just lost; couple that with what will almost certainly be additional Democratic losses after redistricting next year and it makes Democrats’ road to reclaiming the House — and her speakership — nearly impossible in the foreseeable future,” the lobbyist said.

Among LGBT rights supporters, Pelosi’s decision to continue as Democratic leader in the 112th Congress is inspiring mixed reactions. Some commend her for pushing through pro-gay bills while others said she could have done more.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said the decision on whether Pelosi would be able to stay on as minority leader is up to the Democratic caucus and “not any one group.” Still, he praised the Democratic lawmaker for her support for the LGBT community.

“Speaker Pelosi has been a consistent ally and advocate not just for LGBT people but for all fair-minded Americans throughout her congressional career,” Sainz said. “She has vigorously supported full and equal rights for LGBT people long before it was politically acceptable to do so.”

But John Aravosis, the gay editor of AMERICAblog, said Pelosi is responsible in part for the lack of progress on pro-LGBT legislation during the first two years of President Obama’s administration. Still, while he said he’s not completely satisfied with Pelosi, Aravosis said other LGBT advocates in power deserve worse job evaluations.

“All of our leaders let us down: HRC, Barack Obama, Harry Reid and Nancy Pelosi,” Aravosis said. “Having said that, Nancy Pelosi strikes me as the least culpable of the four. I’m not happy that she wasn’t able to even get ENDA through committee, but I’m a lot less happy at the moment with HRC, President Obama and Harry Reid. Pelosi at least came through for us part-way, the others have been MIA the last two years.”

GetEQUAL, the LGBT organization responsible for civil disobedience acts across the country, is calling on Pelosi to make public a plan for moving forward with LGBT legislation to win the group’s endorsement in her bid to become minority leader. The organization has protested the speaker both on Capitol Hill and in her home district of San Francisco for not moving forward with ENDA in the 111th Congress.

Heather Cronk, managing director for GetEQUAL, maintained her organization is “interested in full equality for all LGBT Americans” and “happy to endorse” any member of Congress that can “commit to carrying the mantle of full federal LGBT equality.”

“While GetEQUAL has protested Rep. Pelosi throughout 2010 to hold her accountable to her promises to the LGBT community, we’d be happy to endorse her if we see a concrete and realistic plan for moving pro-equality legislation through the House,” Cronk said. “We would also be happy to endorse any other representative who can offer such a plan. We’re seeking bold action for equality — and we’re far more interested in that end than in the political horse race that started the day after Election Day.”

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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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