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Senate panel omits bullying bills from education reform

Franken, Casey pledge to bring up measures on floor

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Sen. Bob Casey (D-Pa.) (Blade photo by Michael Key)

A Senate committee left out pro-LGBT anti-bullying measures from education reform as the sponsors of the legislation pledged to offer these bills as amendments on the floor.

The Senate Health, Education, Education & Pensions Committee late Thursday reported out a massive education bill known as Elementary & Secondary Education Act reauthorization by a bipartisan vote of 15-7.

But the Democratic-controllled panel didn’t vote on pro-LGBT bills that advocates were seeking to have included as part of the larger legislation — the Student Non-Discrimination Act, or SNDA, and the Safe Schools Improvement Act, or SSIA.

Sen. Al Franken (D-Minn.), the sponsor of SNDA, and Sen. Bob Casey (D-Pa.), the sponsor of SSIA, both offered their bills as amendments during the markup, but withdrew them before a vote could be held.

During the markup, Franken delivered a speech in which he said he feels “very, very strongly” about SNDA as he pledged to bring up the measure as an amendment on the floor.

Franken said recent stories about gay youths committing suicide after they had been bullied in school demonstrates the need for passing SNDA. One such youth, Justin Aaberg, a gay 15-year old who committed suicide last year, resided in Franken’s state of Minnesota.

“We are faced with a group of students that is facing pervasive discrimination,” Franken said. “They are being viciously harassed and bullied. They are staying home from school. They are dropping out of school. They are literally killing themselves, and our schools aren’t doing enough to stop it. And yet again, these students have nothing they can do about it. There is no law that prohibits discrimination on the basis of sexual orientation in schools.”

April Mellody, a Casey spokesperson, said Casey also introduced his bill as an amendment, but then “made the difficult decision” to withdraw the measure because it feared it would sink the education bill as a whole.

“Pennsylvania teachers, principals, and parents have been asking for a new law to replace No Child Left Behind since he arrived in the Senate and he felt he could not jeopardize the bipartisan committee vote to pass ESEA out of committee,” Mellody said.

Mellody added Casey “is committed to addressing the bullying epidemic” and intends to offer his bill as an amendment again when the full Senate considers the larger education legislation.

Justine Sessions, a Senate HELP committee spokesperson, said committee Chair Tom Harkin (D-Iowa) indicated he hopes the full Senate will take up the education reform bill during the next work period. The Senate is out of session next week for recess.

Joe Solmonese, president of the Human Rights Campaign, chided the committee for not including the pro-LGBT measures as part of the education bill before it went to the Senate floor.

“We are disappointed that the committee did not adopt anti-LGBT bullying amendments that enjoyed bipartisan, majority support,” Solmonese said. “This major reauthorization bill was the best opportunity the Senate will have in this Congress to address the problem of bullying faced by LGBT students. It is imperative that the committee revisit this issue and acknowledge the consequences bullying has on the youth in our community.”

Both Franken and Casey would have more difficulty having successful votes for their legislation on the floor than they would in committee.

Each of the 12 Democrats on the Senate HELP Committee co-sponsor SNDA, which would easily have given the measure the necessary votes for inclusion as part of education reform during the panel markup.

Only 11 members of the committee co-sponsor of SSIA, which is one vote short necessary for passage. Ten Democrats are co-sponsors in addition to Sen. Mark Kirk (R-Ill.), an original co-sponsors. However, the two of the Democrats who aren’t co-sponsors — Sen. Michael Bennet (D-Colo.) and Jeff Bingaman (D-N.M.) — would likely have voted for the measure should it have come up in committee, giving the amendment the necessary support for passage.

If Franken and Casey were to offer SNDA and SSIA on the Senate floor, they would likely need 60 votes to overcome a Senate filibuster.

The number of co-sponsors for the legislation aren’t anywhere near 60 and neither bill enjoys significant Republican support. SNDA has 34 co-sponsors — all Democrats. SSIA has 32 co-sponsors and Kirk is the only Republican supporter.

An LGBT advocate earlier this week speaking anonymously identified Harkin as the “obstacle” to including SNDA and SSIA as part of education reform during the markup and said he wanted a clean bill that could easily pass committee.

Harkin is a co-sponsor of both SNDA and SSIA. A Harkin spokesperson responded to the charge by saying the senator has “long supported efforts to ensure that all children feel safe and secure in our schools.”

Additionally, President Obama has yet to endorse either SSIA or SNDA. The White House has said it supports the goals of the legislation, but hasn’t offered explicit support for the bills.

Watch the video of Franken’s remarks before the committee on SNDA here:

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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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