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Rising Cain

GOP frontrunner attacked from left and right over marriage

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Republican presidential candidate Herman Cain (Washington Blade file photo by Michael Key)

The new GOP presidential frontrunner continues to make headlines on LGBT issues as both pro-LGBT advocates and anti-gay forces express concerns about his candidacy.

Hermain Cain, former CEO of Godfather’s Pizza, said Sunday in an interview on NBC’s “Meet the Press” that he wouldn’t push for a U.S. constitutional amendment banning same-sex marriage if he were elected president.

“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage,” Cain said.

Pressed by host David Gregory on whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”

Cain’s remarks on “Meet the Press” echo comments he made in June during a New Hampshire presidential debate in which he said the issue of marriage should be a “state’s decision.”

The candidate’s lack of support for a Federal Marriage Amendment differentiates him from other Republican candidates — including former Massachusetts Gov. Mitt Romney, Texas Gov. Rick Perry, Rep. Michele Bachmann and former U.S. Sen. Rick Santorum — who’ve called for a Federal Marriage Amendment banning same-sex marriage throughout the country.

The former pizza magnate has come under fire from social conservatives for not endorsing a U.S. constitutional amendment banning same-sex marriage as other GOP candidates have done.

In an interview Sunday with Radio Iowa, Santorum said Cain wouldn’t defend the family as president and compared his position on marriage to President Obama’s.

“The idea that this issue should be left to the states is the position Barack Obama takes and it’s not the right position,” Santorum said. “There needs to be a uniform definition of marriage in this country.”

The National Organization for Marriage has also targeted Cain for not signing the organization’s pledge to oppose marriage equality as president by backing a Federal Marriage Amendment and defending the Defense of Marriage Act in court.

Brian Brown, president of the National Organization for Marriage, said in an e-mail to supporters earlier this month that he hopes Cain will come around to endorse a U.S. constitutional amendment banning same-sex marriage.

“Cain’s comments on a federal marriage amendment have not always been crystal clear and consistent,” Brown said. “I personally hope that means he is in the process of ‘evolving’ on the issue, as the campaign moves forward.”

Despite his position on the amendment, Cain’s lack of support for a Federal Marriage Amendment isn’t winning him any support from LGBT advocates.

Dan Pinello, a gay government professor at the City University of New York, said the LGBT community shouldn’t look to Cain as being more sympathetic than the other Republican candidates.

“The difference among those right-wing Republican candidates on LGBT issues is the difference between Tweedledum and Tweedledee,” Pinello said, “It’s just as simple as that. There isn’t any consequential difference. They hate us, generally, period.”

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, questioned the authenticity of Cain’s remarks on Sunday and said the candidate has “been all over the map” on a constitutional amendment on same-sex marriage.

“It’s not entirely clear where he stands on this,” Cole-Schwartz said. “Certainly his positions have not been consistent.”

In 2004, while running as a U.S. Senate candidate in Georgia, Cain issued a statement against the Masssachusetts court decision that brought marriage equality to the Bay State and called for a U.S. constitutional amendment to rescind the ruling.

“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”

Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”

The assertion that Cain’s position on marriage is the same as Obama’s doesn’t hold up.

For starters, in addition to opposing a Federal Marriage Amendment, Obama voted against the measure as a U.S. senator. Cain has also pledged to defend DOMA in court and has criticized Obama for dropping his defense of the 1996 anti-gay statute in court cases.

Cain also came under fire from LGBT advocates earlier this month for saying that he believes homosexuality is a choice and science hasn’t proven otherwise.

Additionally, Cain said in a January radio interview with anti-gay conservative Bryan Fischer that he would veto the Employment Non-Discrimination Act if it reached his desk. Said Cain, “I would veto that relative to special rights to homosexuals.”

Cole-Schwartz said a Cain presidency would “be a tremendous problem for the LGBT community” based on the candidate’s positions and history.

“Just recently, his comments that being gay is a choice and suggesting that the science proves his point just shows that these are not issues that he has spent time thinking about in a positive way,” Cole-Schwartz said.

Even so, Cain’s positions on some LGBT issues continue to differentiate him among the other Republican candidates.

Earlier this month, Cain told the Huffington Post’s Sam Stein he has no problems with openly gay people serving in the military and wouldn’t seek to reinstate “Don’t Ask, Don’t Tell” if elected president.

“I will not seek it, but I think it is a distraction at this point,” Cain said. “Wherever the military is, the day that I take office, I’m not going to stir that pot because I think it’s an unnecessary distraction at this point.”

Other Republican presidential candidates — including Santorum and Bachmann — have said they would reinstate the gay ban.

However, Cain added he will “listen” if military leaders want “something different” on “Don’t Ask, Don’t Tell” and said if it were never repealed, he would have “been fine with it.”

R. Clarke Cooper, executive director of the Log Cabin Republicans, said Cain has often been “inconsistent” on LGBT issues over the course of his campaign.

“I do think on a macro he’s much more approachable, but there has been some back and forth,” Cooper said. “He’s in a sense demurring in larger public fora on these issues, but when you put him before a more conservative audience, he seems to obviously lean a bit more right.”

Cain’s positions on LGBT issues could become of greater interest if he’s nominated to carry the Republican banner in the general election.

Several polls published over the weekend have Cain leading the Republican candidates or at least have him tied with Romney.

An NBC News/Wall Street Journal Survey conducted earlier this month found Cain leading the pack with support from 27 percent of respondents. Romney came in second with 23 percent of support.

A Public Policy Poll published last week gives him even greater national standing with support of 30 percent of responders while Romney comes in second at 22 percent.

Cain has become known for proposing a “9-9-9 plan” for tax reform, which would replace the current tax code with a 9 percent personal income tax, a 9 percent business transactions tax, and a 9 percent federal sales tax.

Whether Cain will remain at the top of the pack remains to be seen. Other Republican candidates — such as Bachmann and Perry — have shown similar strength in the polls, but later faltered. Romney has consistently been in first or second place in polls as the primary season has geared up.

Pinello said the reason for Cain’s current standing in the polls — as well as the rise and fall of other candidates — is because the religious right and the Tea Party factions of the Republican Party are “desperate to find” an alternative to Romney.

“A year or so ago, Sarah Palin had a flirtation with the Tea Party and the religious right, and then four months ago, the fascination was with Michele Bachmann,” Pinello said. “Then it was Rick Perry, then it was Chris Christie, and now it’s Herman Cain. It’s a series of infatuations with each of these candidates, which, for a host reasons tend quickly to crash and burn.”

Cooper said Cain has started a debate on tax reform with his 9-9-9 plan, but doesn’t think his candidacy will have much traction.

“I suspect that he’s enjoying what he’s doing, but I don’t think he really intends to go all way,” Cooper said. “Maybe this is his way of setting himself up for a potential cabinet appointment.”

Pinello predicted Cain’s standing would fade because of the candidate’s lack of money and organization. According to the most recent Federal Election Commission reports, Cain has raised $5.3 million thus far in the election cycle, while Romney has raised $32.2 million and Perry has raised $17.1 million.

“He just relied entirely upon these debates for promoting himself, and that’s not adequate in a rigorous primary, let alone a general election,” Pinello said. “So, I think he’s a flash in the pan just like the others were. Next month, it’ll be someone else.”

 

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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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