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NETROOTS: Lesbian SEIU head backs exec order against LGBT job bias

Henry says directive would make it easier to pass ENDA at later time

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Mary Kay Henry

Openly gay SEIU President, Mary Kay Henry. (Photo courtesy SEIU Local 1)

The lesbian leader of the nation’s fastest-growing labor union on Saturday endorsed the idea of President Obama issuing an executive order barring federal contractors from engaging in anti-LGBT job discrimination.

Mary Kay Henry, who’s openly gay and president of the Service Employees International Union, said in a brief exchange with the Washington Blade at Netroots Nation she would support such a directive as an interim alternative to passage of the Employment Non-Discrimination Act while Republicans remain in control of the U.S. House.

“I think because just like every situation where you chip away at the inequality, and begin to establish as it a norm, it makes it easier to get it legislated,” Henry said.

LGBT rights supporters have been calling on Obama to issue an executive order that would prohibit the U.S. government from doing business with companies that don’t have policies protecting employees against job discrimination based on their sexual orientation or gender identity. The White House hasn’t said one way or the other whether the president would issue such a directive.

Lawmakers who’ve endorsed the idea of issuing this executive order include gay Rep. Jared Polis (D-Colo.) as well as Sens. Tom Harkin (D-Iowa) and Jeff Merkley (D-Ore.). Henry joins those backing this directive as president of a labor union representing 1.8 million workers in three sectors: health care employees, such as hospital and nursing home workers; public service employees, such as local and state government workers; and property service employees, such as janitors, security officer and food service workers.

Henry compared the effort to persuade Obama to issue an executive order against LGBT job bias to what she said was the labor movement’s goal of encouraging the president to sign a directive mandating that federal contractors permit employees the right to “freely form unions.”

“We’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it,” Henry said.

While backing the idea of an executive order, Henry said the labor movement has also been active in pushing for legislative passage of ENDA. The legislation, sponsored by gay Rep. Barney Frank in the House and Merkley in the Senate, is pending before Congress and would job bias against LGBT people in most private and public workforce situations.

“We’ve been public in favor of it,” Henry said. “We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.”

Henry, who became president of the SEIU in May 2010, she said she thinks her election as head of the union demonstrates that “all the justice fights are really one fight” and recalled that unionized health care workers worked against LGBT discrimination during the AIDS epidemic in the 1980s.

“And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care,” Henry said. “And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.”

Henry also observed that LGBT rights come under attack in different states just as union rights are threatened in state after state. For example, in Wisconsin, Gov. Scott Walker (R) earlier this year signed legislation restricting the collective bargaining rights of state workers. Similarly, Walker last month withdrew the previous administration’s legal defense of the Wisconsin’s domestic partner registry, contending the law signed by former Rep. Jim Doyle (D) violate the state’s constitutional ban on same-sex marriage.

“We’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state,” Henry said. “And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality, which, I think, is incredible in this environment.”

Henry said being an out lesbian hasn’t been obstacle as leader in the labor movement and said people whom she’s met in the role have been “really warm and welcoming.” Prior to becoming SEIU president, Henry was a founding member of the organization’s Lavender Caucus, which represents LGBT workers.

“I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet,” Henry said.

The transcript of the exchange between the Washington Blade and Henry follows:

Washington Blade: What kind of significance do you think being out as a lesbian and head of the SEIU has for the labor movement?

Mary Kay Henry: I think what it represents is the advance we’ve made in understanding how all of the justice fights are really one fight. And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care. And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.

In our contract bargaining, we’ve been fighting against … discrimination based on LGBT issues for decades and we’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state. And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality at the same time, which, I think, is incredible in this environment.

Blade: Has being an out lesbian had any impact on your work in the labor movement? Has it been an obstacle in any way?

Henry: It hasn’t. I’ve found people to be really warm and welcoming. I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet.

Blade: One important goal for the LGBT movement is passage of the Employment Non-Discrimination Act. What has the labor movement done to facilitate passage of that bill?

Henry: We’ve been public in favor of it. We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.

Blade: Would you support an executive order barring federal contractors from engaging in job bias against LGBT people as an interim alternative to ENDA passage?

Henry: Yeah. And we’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it.

Blade: Why do you think an executive order on ENDA would be helpful?

Henry: I think because just like every situation where you chip away at the inequality and begin to establish as it a norm, it makes it easier to get it legislated.

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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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