National
LGBT caucus absent from jobs letter to Obama
Progressive caucuses seek meeting with president
A letter from several congressional caucuses to President Obama on the country’s high unemployment rate has a notable group absent from its list of signers: the LGBT Equality Caucus.
The caucus, which is dedicated to advancing LGBT rights, isn’t a signer of a Sept. 6 letter to Obama requesting a meeting to discuss the jobless rate in the country and possible solutions to find work for more people.
“With unemployment at 9.1 percent nationally — approaching 12 percent in the Hispanic community, 16.7 percent in the African American community and with Asian American and Pacific Islanders remaining unemployed for longer periods than any other group — we are in a national crisis,” the letter states. “We have learned throughout American history that big, bold action is required to put people back to work and promote economic growth.”
Chairs of the Congressional Asian & Pacific American Caucus, the Congressional Black Caucus, the Congressional Hispanic Caucus and the Congressional Progressive Caucus penned their names to the letter.
But the LGBT Equality Caucus isn’t among the signers even though LGBT workers have no federal non-discrimination protections, which threatens their job security. Firing a person based on sexual orientation is legal in 29 states, while firing someone based on gender identity is legal in 35 states.
A spokesperson for the LGBT Equality Caucus didn’t immediately respond to a request for comment. It wasn’t clear whether the LGBT Equality Caucus was asked to sign the letter.
An informed source said the Congressional Black and Congressional Progressive caucuses were responsible for spearheading the initiative and circulating the letter among other groups. These groups didn’t immediately respond to a request to comment.
The letter was sent out days prior to the joint session of Congress on Thursday in which President Obama is set to unveil his plan to stimulate job creation. Some advocates had been hoping the speech would be LGBT inclusive and Obama would mention the lack of federal non-discrimation protections for LGBT workers.
Obama has expressed support for the Employment Non-Discrimination Act, but the legislation has remained stalled and didn’t have a committee vote in the last Congress when Democrats controlled the U.S. House. As an interim alternative to passing ENDA, some LGBT rights supporters have been calling on Obama to issue an executive order barring the U.S. government from contracting with companies without non-discrimination protections for workers based on sexual orientation and gender identity.
Paul Yandura, a gay Democratic activist, said he hopes that even though the LGBT Equality Caucus isn’t a signer of the letter, the group is still working to address to the lack of federal non-discrimination protections for LGBT workers.
“With the dismal to non-existent prospects for passage of LGBT priority legislation, I hope that, at the very least, they are doing everything they can to ensure that those in our community that are not the privileged class — which is most of the community — have strong advocates on their behalf in this stalled economy,” Yandura said.
The full text of the letter follows:
September 6, 2011
The Honorable Barack Obama
1600 Pennsylvania Ave.
Washington, DC 20500
Dear Mr. President:
As chairs of the Congressional Asian and Pacific American Caucus,
Congressional Black Caucus, Congressional Hispanic Caucus and Congressional Progressive Caucus representing more than half of the Democratic members of the U.S. House of Representatives, we are requesting a meeting with you regarding your upcoming speech to the nation on job creation. With unemployment at 9.1% nationally — approaching 12% in the Hispanic community, 16.7% in the African American community and with Asian American and Pacific
Islanders remaining unemployed for longer periods than any other group— we are in a national crisis. We have learned throughout American history that big, bold action is required to put people back to work and promote economic growth.
Throughout the month of August, we heard repeatedly from our constituents
and neighbors that their primary concern is the state of the economy and
chronic unemployment. The American people want us to pass emergency jobs legislation that puts our nation back to work now. Further, Americans know we cannot cut our way to prosperity. The best, most effective way to tackle our debt problem is to put people back to work.
We can stem the tide of mass unemployment and meet our long-term national commitments by being bold now. The chairs of the CBC, CAPAC, CPC, and CHC look forward to an opportunity to talk with you about proposals we would like you to consider before you address the nation this week.
Sincerely,
EMANUEL CLEAVER, II, Congressional Black Caucus Chairman
JUDY CHU, PhD., Congressional Asian & Pacific American Caucus Chairwoman
CHARLES A. GONZALEZ, Congressional Hispanic Caucus Chairman
KEITH ELLISON, Congressional Progressive Caucus Co-Chair
RAÚL M. GRIJALVA, Congressional Progressive Caucus Co-Chair
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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