National
Baldwin front-runner to claim Dem nomination for Senate
But lesbian lawmaker likely faces stiff challenge in general election
Claiming the Democratic nomination to become the next U.S. senator from Wisconsin — and the first openly gay U.S. senator — just got easier for Rep. Tammy Baldwin (D-Wisc.) now that a potential major opponent has announced he won’t seek office in 2012.
Former U.S. Sen. Russ Feingold, who lost his seat during the Republican wave in the 2010 election, said in a message to supporters last week that he wouldn’t run for office in 2012.
“I am grateful for the friendship and support of so many fellow Wisconsinites who suggested I consider running for statewide office in the coming months,” Feingold wrote. “While I may seek elective office again someday, I have decided not to run for public office during 2012.”
Feingold, who since his departure from the Senate founded the group Progressive United, said he instead wants to devote his time to teaching at Marquette University Law School and working to overturn Citizens United, a 2010 U.S. Supreme Court decision allowing unlimited corporate funding for independent political broadcasts in political campaigns.
He was seen as the favorite to win the Democratic nomination — and likely the seat itself — for the seat Sen. Herb Kohl (D-Wisc.) will vacate upon his retirement at the end of next year. With Feingold out of the picture, political observers say Baldwin, who has said she’s “very likely” to pursue a run for Senate, is the front-runner to claim the Democratic nomination. The only out lesbian in Congress, Baldwin has been serving in the U.S. House since 1999.
In a statement to supporters, Baldwin praised Feingold for being what she called “one of the true legends of Wisconsin’s progressive tradition” and said she expects his “political courage” to continue to impact Wisconsin and the country for years to come.
“Lots of you have asked me whether Russ’ announcement will influence my plans,” Baldwin said. “As I’ve said, I’m seriously exploring a race for the U.S. Senate — and I’ll have more to say about that soon. But whoever represents our party in that important election should have the same progressive principles — and the same courage to do what’s right — that Russ Feingold has displayed every day of his distinguished career.”
Baldwin was expected to hold off on announcing any decision to run for U.S. Senate until after the Wisconsin special elections, which took place Aug. 9, and after Feingold revealed his intentions for 2012. Now that the election is over and Feingold has announced his decision, Baldwin is widely expected to make an announcement just after Labor Day.
Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, which has been pushing Baldwin to run for the Senate, said Feingold’s announcement is “encouraging.”
“We’re still assuming that there is going to be a competitive primary; somebody is going to pop up,” Dison said. “But I think if her decision had much to do with whether or not Feingold was running, obviously this is a much more encouraging environment and atmosphere to run in.”
Larry Sabato, a political scientist at the University of Virginia, said via e-mail that Feingold’s decision to sit out the race is a “big boost” for Baldwin.
“She could not have gotten the nomination against Feingold — no question he would have defeated her if she had even run, which I doubt,” Sabato said. “Now, she’s got a good chance to be the Democratic nominee, although we have to wait and see who runs against her. The dust hasn’t settled from Feingold’s announcement.”
Other Democrats who are said to be mulling potential bids for the Senate seat include Rep. Ron Kind (D-Wisc.), a seven-term member of the U.S. House, and Steve Kagen, a former U.S. House member from Wisconsin who was unseated in 2010. Kind has publicly said he’s considering jumping in the race.
But according to data published last week from Public Policy Polling, Baldwin would defeat those opponents in a Democratic primary. In a three-way race with Kind and Kagen she leads with 37 percent to 21 percent for Kind and 15 percent for Kagen. Additionally, in just a two-way race with Kagen she leads 48-19.
In addition to favorable polling numbers in the hypothetical primary, Baldwin also has more money on hand compared to either Kind or Kagen. In the most recent Federal Election Commission reports, Baldwin posted $1.1 million in cash on hand after raising more than $600,000 thus far this election cycle. Comparatively, Kind has $478,000 in cash on hand after raising $592,00o this cycle. Kagen has no cash on hand and has only raised $18,000 this cycle.
Dison said potential Democratic challengers to Baldwin will look at those numbers in determining whether to run against her.
“I think if anybody who’s going to consider getting into the race will look at that polling, they’ll look at her fundraising and decide whether it will too much of an uphill battle to challenge her,” Dison said.
But winning the seat against a Republican contender in the general election will be more challenging. Potential GOP opponents — like former Gov. Tommy Thompson or former U.S. Rep. Mark Neumann — are marginally ahead of her in the polls.
The data from PPP shows that in a match-up between Neumann and Baldwin, Neumann would win 44-40, although 15 percent of responders said they were undecided. In a contest between Thompson and Baldwin, Thompson would win 50-42, although eight percent of voters identified as undecided. Fundraising data for Thompson and Neumann wasn’t available on the FEC website.
Sabato said the key for the general election is whether Thompson wins the GOP nomination and, if he does, how handily he wins the Republican mantle.
“He’s viewed as a moderate within the GOP, and as we saw in 2010, that can cause problems,” Sabato said. “Will the Tea Party back Mark Neumann or some other opponent of Thompson? Will Gov. Scott Walker and Sen. Ron Johnson decide to endorse Thompson or an opponent in the GOP primary?”
If Thompson clinches the Republican nomination without too much difficulty, Sabato said he’d give him a slight edge over Baldwin in the general election, but added his prediction could be off because of the timing of the Senate race.
“I hasten to add that Wisconsin is going to be a real battleground presidentially,” Sabato said. “Obama’s large majority in 2008 is less representative of Wisconsin’s contested nature than the 2000 and 2004 presidential results, which were extremely close. Presidential coattails could matter greatly in Wisconsin, as in some other Senate contests. And look at the recent Wisconsin State Senate recall elections — $30 million plus spent on a handful of local races, with emotions running very high.”
Sabato said “things are so unclear on both sides” in the Wisconsin Senate race that his Crystal Ball website will rank the contest as a “Toss Up” in its next edition.
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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