National
261 troops discharged under ‘Don’t Ask’ in FY-10
Total number of separations under anti-gay law is now at least 14,316
Recently released data from the Pentagon and the Department of Homeland Security reveal that the number of troops discharged under “Don’t Ask, Don’t Tell” in fiscal year 2010 tallies out at 261, according to Servicemembers United.
The organization released the numbers for FY-2010 — which spans from October 2009 through September 2010 — on Thursday after obtaining the data through a Freedom of Information Act request. According to Servicemembers United, 250 service members were discharged from services run by the Pentagon and 11 service members were discharged from the Coast Guard.
In a statement, Alex Nicholson, executive director of Servicemembers United, said the numbers are lower than discharges under the military’s gay ban in previous fiscal years, but demonstrate that gay, lesbian and bisexual troops continued to face expulsion under “Don’t Ask, Don’t Tell” through FY-2010.
“While this latest official discharge number represents an all-time annual low, it is still unusually high considering that the Secretary of Defense issued a directive half-way through the fiscal year to make it much harder for military units to discharge troops under ‘Don’t Ask, Don’t Tell,'” Nicholson said. “Despite this law clearly being on its deathbed at the time, 261 more careers were terminated and 261 more lives were abruptly turned upside down because of this policy.”
The 261 number is significantly lower than separations under “Don’t Ask, Don’t Tell” in previous fiscal years. According to Servicemembers United, 499 troops were discharged under “Don’t Ask, Don’t Tell” in FY-2009, 715 in FY-2008 and 696 in FY-2007.
In a statement, Aubrey Sarvis, executive director of Servicemembers Legal Defense Network, also noted the numbers are lower than they have been in previous years, but added they demonstrate the need for enacting “Don’t Ask, Don’t Tell” repeal.
“But these numbers underscore the need to accelerate the timeline for training and repeal,” Sarvis said. “The reality is that investigations continue and service members are still in danger of being discharged. … Until we achieve full equality for all LGBT service members, the job is not done.”
In March 2010, the Pentagon unveiled new policy limiting third-party discharges under “Don’t Ask, Don’t Tell” and raising the rank of Pentagon officials who could initiate investigations and separations.
In October, Defense Secretary Robert Gates further raised the bar for “Don’t Ask, Don’t Tell” expulsions by limiting the discharge authority to the military service secretaries “in coordination” with the undersecretary of defense for personnel and readiness and the Pentagon’s general counsel, although this change took place in FY-2011 and isn’t reflected in the FY-2010 numbers.
As a result of the changes in October, Nicholson told the Washington Blade he expects to find no separations under “Don’t Ask, Don’t Tell” for FY-2011 when the data from that period is made public.
“DOD has said a couple of times that there have been no discharges since the heightened restrictions were put in place in October,” Nicholson said. “So I would expect the discharge numbers for FY-11 to be zero. I would find it very odd if there was even one discharge in FY-11 based on what the Pentagon has said several times.”
According to Servicemembers United, the official discharge statistics for “Don’t Ask, Don’t Tell” since its inception now stands at 13,686. However, the organization previously discovered that the Pentagon often omits from its official data National Guard separations, which are also excluded from the official FY-2010 numbers. Therefore, the total number of servicemembers discharged under “Don’t Ask, Don’t Tell,” according to the organization, now stands at least 14, 316.
In December, President Obama signed legislation allowing for repeal of “Don’t Ask, Don’t Tell,” but this repeal law won’t take effect until 60 days pass after the president, the defense secretary and the chairman of the Joint Chiefs of Staff certify the military is ready for open service. Gates has said he won’t issue certification until training for “Don’t Ask, Don’t Tell” repeal is implemented throughout the services.
The data released by Servicemembers United doesn’t include separations for service members based on gender identity. Transgender troops aren’t discharged under the “Don’t Ask, Don’t Tell” law, but as part of military regulation.
Nicholson said he has “no clue whatsoever” for discharge numbers for transgender troops in FY-2010 or in recent years in the U.S. military.
“That’s not something that anybody has ever tracked to my knowledge,” Nicholson said. “I’m not even sure that DOD tracks that. One of the issues with trans service has always been that the Defense Department classifies it differently than many in the civilian world, especially in the LGBT advocacy world, do. And so it’s not as easy to identify trans service members or identify discharges for gender identity disorder in the military as it is to track trans-related issues in the civilian employment context.”
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.”
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