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Gibbs unsure if ‘Don’t Ask’ report will influence military chiefs

White House spokesperson: Legislative action best way to end law

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White House Press Secretary Robert Gibbs said he doesn't "want to presume" how the Pentagon "Don't Ask, Don't Tell" report will influence service chiefs.. (Washington Blade photo by Michael Key)

White House Press Secretary Robert Gibbs on Monday said he’s unsure whether the results of the Pentagon study on “Don’t Ask, Don’t Tell” will move the four service chiefs to support an end to the law as he suggested that unanimous support among the military leaders won’t be necessary for moving forward.

Asked by the Washington Blade whether President Obama anticipates that the service chiefs will favor repeal following the completion of the Pentagon report, Gibbs said he doesn’t “want to presume” where they would stand after the study is finished, noting the president hasn’t yet seen it.

“I think the service chiefs as I understand it are meeting with the chairman of the Joint Chiefs and the secretary as we get closer to this report coming out in order to discuss where they are based on that survey,” Gibbs said. “The president has not yet seen that survey, so I don’t want to presume whether based on those results that would change their opinions on it.”

Pressed to clarify whether the intent of the year-long study was to bring the military leaders such as the service chiefs on board with repeal, Gibbs hinted that “whether you have unanimous agreement or not” among the military leaders isn’t necessary to move forward.

“The president has known where people have stood on this policy for as long as he’s supported changing that policy,” Gibbs said. “So, I think it will be important to again view the attitudes and to use those attitudes to craft a pathway to implementing a changed legislative policy.”

Gibbs also implied that the president hasn’t recently spoken to the service chiefs about getting them to support repeal during the lame duck session of Congress as he noted Obama had previously spoken to them on this issue.

“I know the president has spoken previously with the service chiefs on this subject and expect that as this report is finalized and released that he’ll have an opportunity to speak directly with the chair, the vice-chair and the service chiefs as the process moves forward,” Gibbs said.

Obama has said — notably in January during the State of the Union address — that part of his effort in repealing “Don’t Ask, Don’t Tell” is working with the military to make it happen. The Pentagon working group, established by Defense Secretary Robert Gates in February, was seen as part of this process.

The service chiefs have heretofore been against the legislative effort to repeal “Don’t Ask, Don’t Tell.” In May, the service chiefs of the Navy, Army, Air Force and Marine Corps sent a joint letter to Congress urging lawmakers to wait for the Pentagon report — now set for release on Nov. 30 — before taking action.

But in an interview Saturday with the National Journal, Navy Chief of Staff. Adm. Gary Roughead reportedly praised the Pentagon report — and the surveys sent to 400,000 service members that were a component of that study — and said he’s “just trying to put it all in context.”

“I think the survey, without question, was the most expansive survey of the American military that’s ever been undertaken,” Roughead was quoted as saying. “I think the work that has been done is extraordinary.”

The Navy chief reportedly added that he’s “eager to see” where repeal “goes on the Hill.”

The last public statements of the Army and Air Force chiefs have them on the record as wanting to Congress to hold off before pursuing legislative action. Marine Corps Commandant Gen. James Amos last month took on the mantle as head of his service, and he has spoken out against repeal.

A number of U.S. senators have said they’re awaiting testimony from military service chiefs before making a decision on “Don’t Ask, Don’t Tell.” In his defense of the law, Sen. John McCain (R-Ariz.) has emphasized that the service chiefs — in particular Amos — have asked Congress to hold off on legislative action. A spokesperson for Sen. John Ensign (R-Nev.) has recently said the senator is awaiting testimony from the service chiefs before making a decision on the issue.

Also during the news conference, Gibbs counted “Don’t Ask, Don’t Tell” repeal among the legislative items that Obama wants to see happen during the lame duck session of Congress and argued that legislative action is better than having the courts overturn the law. Senate Majority Leader Harry Reid (D-Nev.) has committed to a vote on “Don’t Ask, Don’t Tell” before the year’s end.

“There are issues around ‘Don’t Ask, Don’t Tell’ that the president and, I think, many people believe are best dealt with through the legislative process and not through a legal system,” Gibbs said.

Gibbs maintained that overturning the gay ban through court order is “not likely to provide the Pentagon and others with a pathway” for implementing repeal and said “doing this legislatively” is the best way to end the law.

—————————-

A partial transcript of Gibbs’ remarks on “Don’t Ask, Don’t Tell” follows:

Robert Gibbs [on the legislative agenda for lame duck]: … There are issues around “Don’t Ask, Don’t Tell” that the president and, I think, many people believe are best dealt with through the legislative process and not through a legal system. …

National Public Radio: Has the president asked the Pentagon has the Pentagon to hurry up to Nov. 30 the report — it’s internal report —

Gibbs: I think the original date was Dec. 1. Obviously, the report is being released a day or so early in order to have some informed hearings on the survey and its results. I think those, hearings, if I’m not mistaken, start on the 1st.

But I think it’s important if you look at what others have said particularly — take for instance Secretary Gates — we know we can do this legislatively. The House has done this; the Senate can do this — do this legislatively, which provides an avenue to implement the policy. The court doing this is not likely to provide the Pentagon and others with a pathway for doing this, and I think in order to do this in a way that the president want to see that doing this legislatively is the best way to do this. …

Washington Blade: Robert, back on “Don’t Ask, Don’t Tell,” the service chief of the Navy recently praised the Pentagon report and said he’s eager to see what happens with the Hill with regard to repeal. But the remaining three service chiefs — they’re all on the record as saying they want to wait for the report to come out before Congress takes action. Does the president that once the report comes out, the service chiefs will be on board in favor of repeal?

Robert Gibbs: I don’t — I think the service chiefs as I understand it are meeting with the chairman of the Joint Chiefs and the secretary as we get closer to this report coming out in order to discuss where they are based on that survey. The president has not yet seen that survey, so I don’t want to presume whether based on those results that would change their opinions on it. I think it’s best not to get too far down the road on commenting on that until we chance to personally see the substance.

Blade: But wasn’t that the purpose of the study, though? You’ve said the president has supported repeal since you’ve known him, and the president has said he wants to work with military leaders — in the State of the Union address — he said he wants to work with military leaders to get them on board with repeal. So, what the point of this report if not to get those service chiefs on [board]?

Gibbs: I’m not saying they won’t. I’m just saying — I think the original question you asked me is would that report change their mind. I haven’t seen the report, and the president hasn’t seen that report and neither of us have had an opportunity to talk with the chiefs. That’s not to say that it won’t; that’s not to say that — and quite frankly, that’s not to say whether or not — whether you have unanimous agreement or not that the policy — look, the president is going where people have stood on this policy for as long as he supported changing that policy. So, I think it will be important to again view the attitudes and to use those attitudes to craft a pathway to implementing a changed legislative policy.

That’s what the president has advocated through this process. Again, I can’t — we may have a better sense of that when we get an opportunity to talk to those who have seen the report and get a chance to look at that report ourselves.

Blade: Has the president had conversations directly with the service chiefs to get them in favor of legislative repeal during the lame duck session of Congress?

Gibbs: I know the president has spoken previously with the service chiefs on this subject and expect that as this report is finalized and released that he’ll have an opportunity to speak directly with the chair, the vice-chair and the service chiefs as the process moves forward.

Watch a video of the exchange here (via Think Progress):

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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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