National
BREAKING NEWS: ‘Don’t Ask, Don’t Tell’ vote fails
Stand-alone repeal bill may be next but time running out for Clinton-era policy
Supporters of “Don’t Ask, Don’t Tell” repeal endured a devastating loss on Thursday when the Senate failed to reach the 60-vote threshold necessary to proceed with legislation that would end the military’s gay ban.
Still, repeal advocates are pursuing an end to the military’s gay ban through new standalone legislation and other administrative means.
By a 57-40 vote, the Senate failed to invoke cloture on the motion to proceed on the fiscal year 2011 defense authorization bill, which contains a measure to repeal “Don’t Ask, Don’t Tell.”
Alex Nicholson, executive director of Servicemembers United, called the vote a “major failure” of the Senate to “simply do its job and pass an annual defense authorization bill.”
“Politics prevailed over responsibility today, and now more than one million American service members, including tens of thousands of gay and lesbian troops, are worse off as a result,” Nicholson said.
Sen. Joseph Lieberman (I-Conn.), a leading advocate for repeal in the Senate, said during a later news conference that he’s “very disappointed” in the result of the vote as well as Senate Majority Leader Harry Reid’s (D-Nev.) decision to hold the vote on Thursday.
Lieberman noted that all 42 members of the Republican caucus said they wouldn’t vote in favor of moving forward with other legislation until tax issues and continuing funding for the U.S. government are addressed.
“You can say that was wrong, but the reality is that that was the request, and, nonetheless, Sen. Reid went ahead and called this vote,” he said.
With exception of Sen. Susan Collins (R-Maine), who voted in favor of cloture, all Republican senators who were present cast a “no” vote on the motion to proceed. Sens. John Cornyn (R-Texas) and Sam Brownback (R-Kansas) didn’t vote.
Following the vote at a news conference, Collins blamed the failure of the bill on Reid and said she’s “extremely disappointed” about his decision to hold the vote on the defense authorization bill at this time.
“There is no reason why we could not have proceeded to consider that bill after completing action on the tax relief bill and using a process that would be fair to both sides,” Collins said.
Collins had been engaged in negotiations with Reid and Lieberman about finding a path forward to bring on needed Republican support for the defense authorization bill. The Maine senator accused Reid of having “walked away” from the negotiations by bringing the legislation to a vote.
“The majority leader decided to prematurely hold a cloture vote that he knew would not succeed,” Collins said. “I just don’t understand that decision. I don’t understand that given the importance of this bill and the policies in it.”
Sen. Lisa Murkowski (R-Alaska), who recently came out in favor of repeal, later told reporters she voted “no” because she felt the amendment process set up for the defense authorization bill was unfair.
She also recalled the letter that all 42 members of the Republican caucus signed saying that wanted to extend the Bush-era tax cuts and pass a continuing resolution to fund the U.S. government before taking on other issues.
“We’re going to that tax bill right now,” she said. “Why the majority leader could not have allowed for a timing that would help to facilitate greater support for this, allow for a reasonable amendment process — that is not too much to ask.”
Jim Manley, a Reid spokesperson, said the majority leader was offering 10 Republican amendments and 5 Democratic amendments as part of consideration of the legislation.
“We’ve bent over backwards to try and offer them a reasonable number of amendments,” Manley said. “Just because they say it, doesn’t mean it’s true.”
On the Democratic side, the sole vote against the motion to proceed was the newly seated Sen. Joe Manchin (D-W.V.). He had earlier expressed concerns about chaplains leaving the military should “Don’t Ask, Don’t Tell” be repealed.
Sen. Blanche Lincoln (D-Ark.) didn’t vote on the motion to proceed. Lieberman later told reporters Lincoln wanted to vote in the affirmative, but was detained and unable to make the vote on time.
In the wake of the loss, Lieberman and Collins announced their intent on Thursday to introduce new standalone legislation to repeal “Don’t Ask, Don’t Tell” with language that’s identical to the repeal provision in the defense authorization bill.
Unveiling his plans for the new legislation, Lieberman said he thinks the bill has a chance for success in lame duck because at least 60 senators have expressed support for “Don’t Ask, Don’t Tell” repeal.
“We’re going to keep fighting until the last possible moment in this session because we got the votes to change this unjust policy and we owe it ourselves and to our country to continue to fight until fighting is no longer possible,” Lieberman said.
The Connecticut senator said he received assurances from Reid that he would use “Rule 14” to bypass the committee vote and bring the standalone legislation to the floor during the lame duck session of Congress. Further, Lieberman said Reid wanted to be a co-sponsor of the legislation.
As repeal advocates push forward with this new bill, the Human Rights Campaign has renewed its call for President Obama to prevent further discharges under “Don’t Ask, Don’t Tell” by issuing a stop-loss order — a power afforded to him during times of war.
Joe Solmonese, HRC’s president, had earlier endorsed the idea of Obama issuing such an order in an October letter to the president.
“The Senate’s apparent refusal to act on ‘Don’t Ask, Don’t Tell’ repeal makes presidential action imperative in order for him to fulfill his state of the union promise,” Solmonese said. “The only measure of success is an end to the discharges and anything less is unacceptable.”
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.”
