Connect with us

National

Court order upholds ban on ‘Don’t Ask’ discharges

But Ninth Circuit allows recruiters to bar open gays from enlisting

Published

on

A federal appellate court issued an order late Friday prohibiting the U.S. government from discharging additional service members under “Don’t Ask, Don’t Tell” while allowing recruiters to continue to bar openly gay people from enlisting in the armed forces.

The order from the U.S. Ninth Circuit Court of Appeals partially reinstates a stay on an injunction barring the enforcement of “Don’t Ask, Don’t Tell.” The injunction was reissued by the appellate court last week after it was first issued by a U.S. district court last year.

“[T]he stay entered November 1, 2010, is reinstated temporarily in all respects except one,” the order states. “The district court’s judgment shall continue in effect insofar as it enjoins appellants from investigating, penalizing, or discharging anyone from the military pursuant to the Don’t Ask, Don’t Tell policy.”

The decision comes from a three-judge panel within the Ninth Circuit made up of Chief Judge Alex Kozinski and Circuit Judges Kim Wardlow and Richard Paez.

An injunction barring the Pentagon from discharging service members under “Don’t Ask, Don’t Tell” means prohibiting open gays from enlisting in the armed forces is the only part of the law remaining in effect.

The Ninth Circuit partially reinstated the stay upon request from the Obama administration, which on Thursday requested an emergency stay on the injunction that was issued in the case of Log Cabin Republicans v. United States.

The injunction was first put in place last year by U.S. District Court Judge Virginia Phillips last year after she determined that “Don’t Ask, Don’t Tell” was unconstitutional, but only lasted for eight days before the Ninth Circuit placed a stay on the order upon request from the U.S. government. The order from the appellate court last week reversed this decision.

Eileen Lainez, a Pentagon spokesperson, said the Defense Department is “studying the appellate court’s order” with the Justice Department and “will continue to provide guidance to the field as appropriate.”

“The temporary transition that Congress and the President established as a prerequisite to the repeal of [‘Don’t Ask, Don’t Tell’] has been underway for several months and we are nearing presenting certification for decision to the president, the secretary of defense and the chairman of the Joint Chiefs of Staff in the next few weeks,” she added.

A spokesperson for the Justice Department declined to comment.

In a brief filed prior to order coming down from the Ninth Circuit, Log Cabin Republicans asserts the court should keep the injunction in place because U.S. government cannot justify the continued expulsion of service members under “Don’t Ask, Don’t Tell.”

“The parties, and thousands of gay and lesbian servicemembers now serving honorably but in silence, would be left whipsawed, wondering from day to day what the current state of their constitutional rights might be,” the filing states.

Alex Nicholson, executive director of Servicemembers United and sole named veteran plaintiff in the lawsuit, said the Ninth Circuit “did the right thing” in rejecting the U.S. government’s request to reinstate “Don’t Ask, Don’t Tell” in full.

“The situation with finally ending this outdated and discriminatory federal policy has become absolutely ridiculous,” Nicholson said. “This law is unconstitutional on its face, it is virtually dead in practice, and no one should be trying to resuscitate it at this point. The executive branch has been exceptionally unreasonable in the amount of time it has now let the legislative certification process drag out. It is simply not right to put the men and women of our armed forces through this circus any longer.”

Under the repeal law signed in December, “Don’t Ask, Don’t Tell” will be off the books when 60 days pass after the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for open service. Troops have been participating in training since February to prepare for “Don’t Ask, Don’t Tell,” but certification has yet to take place.

The Ninth Circuit says its placing a partial stay on the injunction it previously issued last week because of new information that the U.S. government presented this week in its request for an emergency stay.

The court says it was previously not informed that only one service member had been discharged under “Don’t Ask, Don’t Tell” since the passage of repeal legislation.” Nor did it know that the service chiefs had provided written advice to Pentagon leadership on the status of repeal or that certification is expected to happen “in a matter of weeks, by the end of July or early in August.”

“Appellants acknowledge that they did not previously inform the court of the full extent of the implementation of the Repeal Act,” the court writes.

Additionally, the court directs the U.S. government to provide no later than 5 pm Pacific Time on Monday a supplement brief on why it didn’t present this information in an earlier filing dated May 20.

Plaintiffs have a deadline of Thursday to file an opposition to the U.S. government’s motion for reconsideration on the injunction. The U.S. government has deadline of Friday to respond to that brief.

Expulsions under “Don’t Ask, Don’t Tell” have been virtually nonexistent since the Pentagon instituted new guidance in October raising the discharge authority to the military service secretaries “in coordination” with the under secretary of defense for personnel and readiness and the Pentagon general counsel.

According to the request for an emergency stay issued this week, the Defense Department has only finalized the separation of one service member since the new guidance was put in place.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

Published

on

(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.

Continue Reading

National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

Published

on

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.

Continue Reading

Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

Published

on

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.”

Continue Reading

Popular