National
Lieberman confident about 60 votes for ‘Don’t Ask’ repeal
Conn. senator says he’s received assurances from Collins, Lugar

Sen. Joseph Lieberman (I-Conn.) is optimistic about "Don't Ask, Don't Tell" repeal in lame duck. (Blade photo by Michael Key).
Sen. Joseph Lieberman (I-Conn.) on Thursday expressed confidence about having the necessary 60 votes to move forward with legislation containing “Don’t Ask, Don’t Tell” repeal — provided certain conditions are met with the amendment process on the Senate floor.
“I am confident that we have more than 60 votes prepared to take up the defense authorization bill with the repeal of ‘Don’t Ask, Don’t Tell’ if only there will be a guarantee of a fair and open amendment process,” Lieberman said during a news conference. “In other words, whether we’ll take enough time to do it.”
Lieberman makes the remarks after Senate Majority Leader Harry Reid (D-Nev.) said on Wednesday he’s committed to bringing to the floor in the lame duck session the fiscal year 2011 defense authorization bill, which contains language that would repeal “Don’t Ask, Don’t Tell.”
The legislation would likely come up after Dec. 1, when a Pentagon working group is due to deliver a report to Defense Secretary Robert Gates on implementing repeal.
Lieberman said he’s received assurances from GOP senators Susan Collins (R-Maine) and Richard Lugar (R-Ind.) as well as “others privately” that they would be open to moving forward with defense legislation containing “Don’t Ask, Don’t Tell” repeal provided there’s an “open amendment process” in bringing the bill to the floor.
A previous attempt in September at bringing the defense authorization bill to the floor failed when a united GOP caucus — led by Sen. John McCain (R-Ariz.) — successfully filibustered the motion to proceed.
Many senators, including Collins and Lugar, who supported a repeal amendment in committee, said they were voting “no” because of limited amendments that senators would be allowed to submit for the legislation.
In September, Reid said he was permitting three amendments to the defense authorization bill: one to strip the bill of its repeal provision, one to address the “secret holds” that senators can place on presidential nominations and another to amend the defense legislation with the DREAM Act, an immigration-related bill.
Asked during the conference what he perceived as more open amendment process the next time around, Lieberman the exact terms are up for negotiation.
“It’s hard to put a number on it now,” Lieberman said. “That’s what I hope is going to be negotiated. Of course, we’ll do our best to encourage Sen. Reid to reach out to allow and somewhat larger number.”
Lieberman said the two items that are up for negotiation are the number of amendments to be allowed and the time for debate on those amendments.
Reid has since said the DREAM Act would come to the Senate floor during lame duck as a standalone piece of legislation.
Following the news conference, Lieberman said the removal of the DREAM Act as an amendment to the defense authorization bill would “practically speaking” help with building support for moving forward with the military budget legislation.
But Sen. Jeanne Shaheen (D-N.H.), who present at the conference, said opposition to the defense authorization bill and “Don’t Ask, Don’t Tell” repeal is actually for reasons other than “how many amendments are we going to do, or long we’re going to debate.”
“This is about those who oppose this policy wanting to kill it and taking every opportunity they can and using the Senate rules to try and do that,” Shaheen said. “That’s exactly what’s going on here.”
Lieberman also maintained the Senate would have enough time to tackle “Don’t Ask, Don’t Tell” repeal as it addresses other priorities, such as a nuclear arms reduction treaty and the extension of tax cuts.
“We’re just before Thanksgiving,” Lieberman said. “We’ve been told early on that we’d be here at least three weeks. That’s a lot of time into December, so we’ll be here at least until the week before Christmas. It’s just a question of how hard we’re prepared to work to get these things done. They’re all important.”
Lieberman said President Obama “has been active” on this issue and has been in communication with Reid as well as Senate Armed Services Committee Chair Carl Levin (D-Mich.) on moving forward with the defense authorization bill with “Don’t Ask, Don’t Tell” repeal.
“I think he’ll, in my opinion, do everything he can to see that we get this done by the end of this year,” Lieberman said.
The news conference on Thursday was a hot spot for senators who advocate for “Don’t Ask, Don’t Tell.” Among the 13 lawmakers who made an appearance were Sens. Mark Udall (D-Colo.), Kirsten Gillibrand (D-N.Y.), Barbara Boxer (D-Calif.), Al Franken (D-Minn.) and Chris Coons (D-Del.) who recently took his seat after winning election in November.
Udall said Congress needs to take action to end “Don’t Ask, Don’t Tell” this year because further delay could it “could be years” for repeal to happen.
“We’ve reached an unprecedented level of gridlock here in the Senate when legislation that funds our troops provides for our national security and makes sure that we lead the world in the 21st century is blocked from even coming to the floor for debate,” Udall said. “We ought to welcome the debate — we have an idea of how that debate will turn out — but we’re going to have that opportunity to have this vote on the floor if we have courage and are steadfast.”
The senators joked among themselves that they would work through Christmas Eve — or for Lieberman, who’s Jewish, the eighth day of Hanukkah — to finish the effort in repealing”Don’t Ask, Don’t Tell.”
Sen. Roland Burris, known as a strong voice for repeal during his tenure in the Senate, said he thinks ending “Don’t Ask, Don’t Tell” would be an important victory, but noted the vote in the Senate “may come too late” for show his support.
Because he was appointed to his position in the Senate in 2009, Burris is required by Illinois state law to give up his seat to Republican Senator-elect Mark Kirk during the lame duck session of Congress and may even leave the U.S. Senate this week.
“As a black American, I know what it means to go through discrimination and unfairness, and there’s no way in the world we can have a strong military and deny those persons who are gay and lesbian … an opportunity to serve their country,” Burris said. “I support that wholeheartedly and am just sorry that I may not be here to cast the vote.”
It remains to be seen how Kirk would vote on the legislation in Burris’ stead. As a U.S. House member, Kirk voted against a “Don’t Ask, Don’t Tell” repeal amendment in May that came to the House floor.
Sen. Dianne Feinstein (D-Calif.) went a step further than other senators at the news conference when she said she believes “Don’t Ask, Don’t Tell” is unconstitutional. Some repeal advocates have been asking for President Obama to declare the law unconstitutional so he could discontinue enforcement of the law.
“I’m not a lawyer, but I believe in my heart of hearts that ‘Don’t Ask, Don’t Tell’ is unconstitutional,” Feinstein said. “As a matter of fact, a federal district court has found that that, in fact, is the case, and it’s simple because it treats the same case of people differently.”
Still, not every member of the U.S. Senate is on board with repeal. Asked during the news conference whether he had spoken to Sen. John McCain (R-Ariz.) about getting him to support an end to the law, Lieberman said he has had such conversations, but he has had “no success” in converting the Arizona senator.
Among those present at the news conference were advocates working for repeal of “Don’t Ask, Don’t Tell,” including Joe Solmonese, president of the Human Rights Campaign, Winnie Stachelberg, senior vice president for external affairs for the Center for American Progress, and Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network.
Lt. Col. Victor Fehrenbach, a gay Air Force pilot who’s served in the military for 19 years, was also present at the conference and told his story about how he’s now facing potential discharge under “Don’t Ask, Don’t Tell.”
“Right now, my ‘Don’t Ask, Don’t Tell’ is somewhere in the Pentagon, and I am fighting back in federal court with SLDN and my legal team to stay in the Air Force,” he said.
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
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.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
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.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
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.”
