National
National news in brief
Trans Houston attorney becomes judge, N.J. adopts anti-bullying bill and more
Transgender Houston attorney becomes judge
HOUSTON — Thirty years ago, Phyllis Frye, a longtime LGBT activist, could have been arrested for wearing women’s clothing in the Houston City Council chamber. The Associated Press reported that Frye, a transgender Houston attorney born as Phillip Frye, fought back tears last week as the mayor appointed her to a municipal bench in the same room where she helped repeal Houston’s “cross-dressing ordinance” in 1980.
The 63-year-old will hear traffic ticket cases and other low-level misdemeanor trials, according to the AP report. Municipal judges are not elected. Frye said she would be the first transgender judge in Texas.
She knows of at least two transgender judges in other parts of the country. Frye applied for the position several months ago and was vetted before being appointed by Mayor Annise Parker, a lesbian, on Wednesday with seven other new associate judges.
“I don’t want to underplay this, because I understand it is very significant,” the AP quoted Frye as saying. “But I don’t want to overplay it either. I don’t want people to think I am anything other than an associate municipal court judge.” There was some quibbling over the appointment from the Houston Area Pastor Council, the AP reported. One local minister said she represented an “anti-family lifestyle.”
Fort Worth drops charges in gay bar fracas
FORT WORTH, Texas — More than a year after a controversial bar inspection at the Rainbow Lounge in Forth Worth, Texas, sent protesters to the streets and vaulted the city into the national spotlight, city officials have dropped charges against four bar patrons, the Fort Worth Star-Telegram reported.
The dismissals came two-and-a-half weeks before Chad Gibson, who suffered a head injury in the June 28, 2009, incident, and George Armstrong had been set to go on trial on public intoxication charges. They had both pleaded not guilty, and Gibson had also pleaded not guilty to assaulting an agent with the Texas Alcoholic Beverage Commission, the paper said.
In a statement released last week, city spokesman Jason Lamers confirmed that the misdemeanor charges against Gibson and Armstrong had been dropped. Public intoxication cases against Dylan Brown, 24, and Jose Macias, 32, were also dropped. Within hours of the fracas at the Rainbow Lounge, local and national protests erupted as patrons accused the officers of using excessive force and questioned whether the bar was targeted because of its mostly gay clientele. Investigations by Fort Worth police and the alcohol commission concluded that no excessive force was used. The commission, however, fired two agents who participated and their supervisor, citing policy violations, the Star-Telegram reported.
La. hospitals announce new visitation rules
NEW ORLEANS — The New Orleans state Department of Health and Human Services announced regulations last week that will require hospitals that receive Medicare or Medicaid financing to drop any visitation policies that discriminate against gays, lesbians and trans people, the New Orleans Times-Picayune reported.
The new rule, which will take effect in January, requires that hospitals have a written policy that must be explained to all patients and allows patients to determine who may visit them, regardless of legal relationships. Hospitals may limit visitation only if there is a clinical reason to do so, according to the rule, which will be added to the conditions for participating in the Medicaid and Medicare programs, the Times-Picayune said.
The rule will trump previous practices in many American hospitals that restricted visitors for some patients — particularly in emergency rooms and intensive care units — to spouses and immediate family, a limitation that often cut off gay and lesbian patients from their partners. The final version, which follows a draft released in June, will go into effect Jan. 16, 60 days after Wednesday’s publication in the federal register and eight months after President Barack Obama first raised the issue in a directive to Health and Human Services Secretary Kathleen Sebelius.
N.J. approves sweeping anti-bullying bill
TRENTON, N.J. — The state legislature voted by overwhelming majorities this week to approve a sweeping anti-bullying bill that could become a model for similar measures across the country, according to media reports and statements from Garden State Equality.
“As someone brutally bullied in my own youth, I can’t even begin to describe how the passage of this bill is a moment of deeply poignant, personal healing for me and thousands of others who have been bullied,” said Steven Goldstein, chair of Garden State Equality. “The best revenge is to make the world a kinder place. This legislation will make our state a kinder, safer place for students for generations to come.”
The Anti-Bullying Bill of Rights applies to schools from kindergarten through 12th grade, strengthens an existing cyber bullying law, applies to bullying off school grounds that carries into schools, and has a section that applies to the state’s public universities, according to Garden State Equality.
It is the first such bill to set deadlines for incidents of bullying to be reported, investigated and resolved. Teachers and other school personnel will have to report incidents of bullying to principals on the same day as a bullying incident. An investigation of the bullying must begin within one school day. A school will have to complete its investigation of bullying within 10 school days, after which there must be a resolution of the situation, the statewide LGBT rights group announced.
The bill passed the Senate 30-0 and the Assembly 72-1.
Philly’s settlement with Scouts draws ire of gay leaders
PHILADELPHIA — Prominent gay leaders in Philadelphia are voicing criticism of a proposed legal settlement between the city and the regional Boy Scouts organization, and a key City Councilman is balking at the deal, the Philadelphia Gay News reported.
The proposal calls for the Boy Scouts group to pay the city $500,000 to buy its 13,000-square-foot headquarters in Logan Square, the focus of a civil-rights dispute that began over the Scouts’ national ban on gay members. The price tag is less than half the appraised value of the building. But the settlement would end an expensive legal fight and the risk that city taxpayers would eventually have to pay the Scouts’ legal bills, now approaching $1 million.
Gay rights advocates say the city’s lawyers are putting financial concerns ahead of principle, appearing to subsidize the Scouts’ discrimination, Philadelphia Gay News reported. City Solicitor Shelley Smith and the Scouts’ attorney, Sandra Girifalco, had issued a joint statement last week describing their agreement as a “win-win situation” for both their clients, predicting that a necessary ordinance would be introduced the next day in City Council. But Councilman Darrell Clarke, whose district includes the property, said he wasn’t ready to introduce anything. The settlement statement had been “premature,” he said, because there hadn’t been enough communication with neighborhood residents or the gay community.
The dispute began with a 5-4 U.S. Supreme Court decision in 2000 that upheld the legality of the national organization’s ban on gay Scouts and troop leaders. That put the Scouts organization in conflict with the city charter’s ban on discrimination rooted in sexual orientation.
Former GLAAD official to head S.F. AIDS Foundation
SAN FRANCISCO — The San Francisco AIDS Foundation has appointed Neil Giuliano as its new chief executive. He’ll start Dec. 13.
Giuliano was previously head of the Gay & Lesbian Alliance Against Defamation (GLAAD) and produced its annual awards programs. He was also the mayor of Tempe, Ariz., for 10 years beginning in 1994. He plans to publish a memoir next year. The Foundation works to end HIV.
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.”

