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High hopes for State of the Union speech

Activists want Obama to endorse same-sex marriage

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Support for same-sex marriage tops the list for what LGBT rights supporters want to hear from President Obama next week during his State of the Union address.

The demand from advocates makes for great expectations for the speech, which is set to take place before a joint session of Congress on Tuesday.

An opponent of same-sex marriage, Obama has suggested his position could “evolve” on the matter and said last month he’s “wrestling” with the idea of marriage rights for gay couples.

Obama hasn’t stated support for same-sex marriage even though several states — including Rhode Island and Maryland — could advance marriage equality legislation this year, while others — including New Hampshire, Indiana and North Carolina — could see restrictions on such rights.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said stating support for same-sex marriage during the State of the Union address would demonstrate Obama’s leadership.

“We would like for him to publicly state his support for marriage equality,” Carey said. “We have wanted him to lead on this issue. He has talked about … experiencing some evolution, and we’d like to say, ‘Evolve now!'”

Carey said she expects that Obama will discuss the economic hardships facing the country, which she said would present an opportunity for the president to acknowledge that a lack of marriage rights exacerbates these problems for same-sex couples.

“One of these stresses for same-sex couples on their families is because we can’t get married in so many places and because of DOMA, there are so many ways that we do not have protections for our families that are only adding stress in this economic climate,” she said.

Richard Socarides, president of the media watchdog group Equality Matters, also said Obama should talk about his “journey of evolution” and come out in support of marriage rights for same-sex couples.

“I think that it’s important for him to get to the other side of the journey as quickly as possible because he is the leader of our country and he needs to be leading us and the nation in a direction of acceptance of full equality for LGBT people,” Socarides said.

Still, Socarides said he thinks Obama will focus on the economy as well as the political tone in Washington and expressed skepticism that Obama would broach the topic of same-sex marriage during his speech.

“I think it would be a perfect opportunity for him to announce that his evolution is complete,” Socarides said. “But just because I think it’s a good idea doesn’t mean I think we’ll see it. I think he’s not there yet.”

Whether the president will even address LGBT issues during his speech remains in question. Shin Inouye, a White House spokesperson, said as of Blade deadline he had no updates on what would be included in the State of the Union address.

During a news conference Tuesday, White House Press Secretary Robert Gibbs said he didn’t know whether the president would address marriage or repeal of the Defense of Marriage Act during his speech.

Mentioning LGBT issues such as same-sex marriage during the State of the Union could be a catalyst for progress in the coming year.

Last year, President Obama’s mention of “Don’t Ask, Don’t Tell” was seen as the starting point for the path that led to the passage of legislation allowing for repeal of the law.

“This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are,” Obama said. “It’s the right thing to do.”

Socarides said the State of the Union address presents “the perfect place” for Obama to set up the path for advancement on LGBT issues like marriage rights for same-sex couples.

“When, as president, one mentions something in the State of the Union, you are conveying to the public at large that this is something that is crucially important to you,” Socarides said. “So, I think that highlighting the issue of marriage equality in the State of the Union speech would be very significant.”

In addition to support for same-sex marriage, LGBT rights supporters said they would like to hear about a trans-inclusive Employment Non-Discrimination Act in the address.

Autumn Sandeen, a San Diego-based transgender activist, said Obama needs to address employment discrimination experienced by transgender people as well as gays on the national level.

“Honestly, I would also just like to hear him say the word ‘transgender’ on the floor of the House,” she said. “That would be awfully nice.”

With Republicans in control of the U.S. House, Sandeen said she doesn’t think ENDA would pass Congress for at least the next two years and wants to hear from Obama on what he would do to address employment discrimination for the duration of that time.

Carey said renewing support for ENDA would be another way for Obama to recognize that economic hardships in the country are also affecting LGBT people.

“There are so many LGBT people in this country whose jobs are not protected from basic bias and discrimination,” Carey said. “We would like to see him call for those employment protections for LGBT people.”

Other issues that Carey identified as important for Obama to address include school bullying and passing immigration reform and ensuring that Social Security benefits aren’t cut.

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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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