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Demise of ‘Don’t Ask’ celebrated, but questions linger

Pentagon, lawmakers herald end of military’s gay ban

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Defense Secretary Leon Panetta (Blade photo by Michael Key)

Top Pentagon leaders and lawmakers celebrated the end of “Don’t Ask, Don’t Tell” this week as questions about the impact of the law’s repeal persist for gay service members.

Defense Secretary Leon Panetta said during a news conference that the end of “Don’t Ask, Don’t Tell” is “an historic day for the Pentagon and for the nation.”

“As secretary of defense, I am committed to removing all of the barriers that would prevent Americans from serving their country and from rising to the highest level of responsibility that their talents and capabilities warrant,” Panetta said. “These are men and women who put their lives on the line in the defense of this country, and that’s what should matter the most.”

Panetta said more than 97 percent of the 2.3 million men and women in the armed forces have received education and training on handling open service. The training started after President Obama signed repeal legislation in December.

Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, who was likely making his final appearance before the media in his role before stepping down from his position Oct. 1, recalled the testimony he gave before the Senate in February 2010 in favor of repeal.

“I believed then, and I still believe, that it was first and foremost a matter of integrity; that it was fundamentally against everything we stand for as an institution to force people to lie about who they are just to wear a uniform,” Mullen said. “We are better than that. We should be better than that.”

Hours earlier, U.S. senators who were among the 65 who voted for repeal held a separate news conference to commemorate the end of “Don’t Ask, Don’t Tell.”  Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine), the original co-sponsors of the repeal legislation, were joined by Senate Armed Services Committee Chair Carl Levin (D-Mich.), Mark Udall (D-Colo.), Chris Coons (D-Del.) and Kirsten Gillibrand (D-N.Y.).

Lieberman said the effort to repeal “Don’t Ask, Don’t Tell” in Congress was one of the most satisfying and thrilling experiences he’s had as a senator.

“In our time, I think the front line of the civil rights movement is to protect people in our country from discrimination based on sexual orientation — all the more so when it comes to the United States military, whose mission is to protect our security so we can continue to enjoy the freedom and equal opportunity under law,” Lieberman said.

Sen. Susan Collins (center) with other U.S. senators (Blade photo by Michael Key)

Collins read aloud a postcard she received in July after her committee vote in favor of “Don’t Ask, Don’t Tell” repeal from someone in Afghanistan who signed the note anonymously as “an Army soldier.” The postcard thanks Collins for her vote as a Republican and pledges to repay the vote “with continued professionalism.”

“This touches me so much for two reasons,” Collins said. “One, that this Army soldier deployed in Afghanistan took the time to write to thank me for my leadership. But second, it is so poignant that he couldn’t sign his name. He had to write, ‘an Army soldier,’ and today he can sign his name, and that makes all the difference.”

Amid the celebrations over the end of “Don’t Ask, Don’t Tell” at these news conferences, questions emerged about how to extend greater benefits to LGBT service members.

Only half the senators at the news conference — Udall, Gillibrand and Coons — are co-sponsors of legislation that would repeal the Defense of Marriage Act, which prohibits same-sex marriage. Collins, Lieberman and Levin aren’t co-sponsors of the legislation known as the Respect for Marriage Act.

Collins left the news conference at the start of the question-and-answer period. In response to a question from the Washington Blade, Levin affirmed his support for the Respect for Marriage Act, while Lieberman offered qualified support.

The Connecticut senator said he had issues with the “full faith and credit” portion of the Respect for Marriage Act enabling federal benefits to flow to married gay couples even if they live in a state that doesn’t recognize same-sex marriage.

“I do support it in part — I think we’ve got to celebrate what we’ve done today — I certainly support it in regard to discrimination in federal law based on sexual orientation,” Lieberman said.

During the Pentagon news conference, one reporter asked about possible guards against troops opposed to open service attempting to undermine it by committing acts of harassment or violence against gays.

Panetta said the military has “zero tolerance” for harassment and the command structure in place should address any such behavior.

“My hope is that the command structure operating with … the standard disciplines that are in place will implement those disciplines and will ensure that harassment doesn’t take place and that all behavior is consistent with the discipline and the best interests of our military,” Panetta said.

Some advocates have said the chain of command doesn’t provide sufficient protection against discrimination for gay service members — particularly if the discrimination is coming from a commanding officer — and have called on Obama to sign an executive order barring discrimination in the armed forces on the basis of sexual orientation and gender identity.

Another lingering question is whether military chaplains can officiate at same-sex weddings and if base facilities can be used for such ceremonies in states where same-sex marriage is legal.

A Navy memo dated April 13 affirmed that chaplains could officiate at same-sex weddings and base facilities could be used for this purpose, but this guidance was rescinded after an outcry from social conservatives. Guidance on the matter has yet to be reissued.

Following the Pentagon news conference, Defense Department General Counsel Jeh Johnson took questions from the media, and, in response to a question from the Blade, said such guidance clarifying the rules is forthcoming.

“We are very, very close to having a resolution of that issue,” Johnson said. “It’s something I’ve been working on myself. … We’re pretty much done and there should be something issued to the chaplain community and others very, very soon on that.”

 

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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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