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Blumenthal seeks to aid lesbian bi-national couple

Senator wants marriage-based green card application put on hold

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Sen. Richard Blumenthal (Blade file photo by Michael Key)

The junior senator from Connecticut is asking the Obama administration to hold a green card petition for a British national in same-sex relationship who would be eligible for residency in the United States if not for the Defense of Marriage Act.

In the Nov. 10 letter, Sen. Richard Blumenthal (D-Conn.) asks the Department of Homeland Security to hold the application for Kelli Ryan and her wife Lucy Truman. The couple, married in Connecticut in 2010, is seeking a green card through a marriage-based petition so that Truman, a citizen of the United Kingdom, can reside in the United States.

“Kelli and Lucy are active and valuable members of our community,” Blumenthal writes. “The United States stands to lose two highly intelligent and talented women to the United Kingdom if Lucy — a talented clinician, scientist, and valuable member of our community — is not able to stay in the United States.”

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A U.S. citizen with a Ph.D. in immunology, Ryan works for a pharmaceutical company on drug discovery research to help combat autoimmune diseases, such as multiple sclerosis. Truman is an ENT surgeon and a post-doctoral fellow at Yale. The couple filed their marriage-based application on Thursday.

Blumenthal asks Secretary of Homeland Security Janet Napolitano to hold the application on the basis that the Obama administration determined that DOMA is unconstitutional in February and the validity of the anti-gay law remains in question.

“The question of DOMA’s constitutionality and validity as applied to the lawful marriages of same-sex couples in states like Connecticut has yet to be decided by the federal courts and Congress,” Blumenthal writes. “Until such a final determination is made, I ask that you withhold judgment on the validity of this petition from lawfully married Connecticut citizens.”

Under current immigration law, straight Americans can sponsor their foreign spouses for residency in the United States. But the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prohibits gay Americans from taking the same action for their same-sex spouses.

During a conference call Thursday, Ryan said the lack of her ability to sponsor her spouse for residency has been burdensome in decisions such as buying furniture, financial planning, and having children.

“There are some very simple practical everyday aspects of lives that are affected,” Ryan said. “For example, it’s really difficult to do any sort of planning — even for the short term — let alone the long term.”

Truman isn’t currently in danger of deportation from the country. She said during the conference call she’s currently able to stay within the United States on a work-based visa. However, that visa must be renewed every two years.

Blumenthal’s letter isn’t the first time lawmakers have urged DHS to hold marriage-based green applications in abeyance for bi-national gay couples. Rep. Zoe Lofgren (D-Calif.) and 47 other House members in April sent a letter to DHS asking for relief. A similar letter from Sen. John Kerry (D-Mass.) and 11 other senators was sent to DHS in the same month.

The Department of Homeland Security didn’t respond to the Washington Blade’s request to comment on the most recent letter from Blumenthal. The Obama administration has said even though it believes DOMA is unconstitutional and won’t defend the law in court, the law will still be enforced as long as it remains on the books.

Blumenthal joins Immigration Equality is seeking to take action for Ryan and Truman. The LGBT immigration group is representing the couple in their bid to remain together in the United States.

Read the full text of Blumenthal’s letter here:

The Honorable Janet Napolitano
Secretary
Department of Homeland Security
Washington DC, 20393

Dear Madam Secretary,

I respectfully request that the Department of Homeland Security (DHS), and United States Citizenship and Immigration Services (USCIS) in particular, hold the spousal petition of Kelli Ryan and her wife Lucy Truman in abeyance pending a final determination of the constitutionality of the Defense of Marriage Act (DOMA). The Department of Justice (DOJ) has already indicated that it believes the law to be unconstitutional, and has declined to defend it in court. Moreover, the question of DOMA’s constitutionality and validity as applied to the lawful marriages of same-sex couples in states like Connecticut has yet to be decided by the federal courts and Congress. Until such a final determination is made, I ask that you withhold judgment on the validity of this petition from lawfully married Connecticut citizens.

In a letter dated April 14, 2011 addressed to you and Attorney General Holder by Representative Lofgren and 47 other members of the United States House of Representatives, similar relief was requested for all married couples of the same sex seeking spousal immigration sponsorship. These 48 Representatives asserted that holding same-sex spousal petitions in abeyance would not disrespect existing law, but would rather, “prevent the potentially irreparable harm that would be caused by application of a law that is currently under review by the courts and the U.S. Congress.” Until a final determination of the status of this law is made, the status quo should be preserved.

Also in April, Senator Kerry and 11 other Senators wrote to you and Attorney General Holder asking that you hold marriage-based petitions in abeyance pending legislative or judicial resolution of the constitutionality of DOMA. In a joint response, you and the Attorney General indicated that both DHS, including relevant sub-agencies such as USCIS, and DOJ exercise discretion in their treatment of individual cases. In my opinion, the couple in the present case deserves such review and should have their spousal petition held in abeyance.

Kelli Ryan and Lucy Truman met in Scotland in 2000. They entered into a civil union in the United Kingdom in 2006 and married in Connecticut in 2010. Kelli is a United States citizen with a Ph.D. in immunology. Lucy, who hails from the United Kingdom, is an ENT surgeon with an M.D. Ph.D. Kelli works for a pharmaceutical company in Connecticut, and is deeply engaged in drug discovery research to help combat deadly autoimmune diseases, with a particular focus on multiple sclerosis. Lucy is a post-doctoral fellow at Yale. Kelli and Lucy are active and valuable members of our community. Having been lawfully married in Connecticut, they now seek to establish long-term roots in our state. Kelli would like to sponsor Lucy for a family-based immigration visa in the hopes of making Connecticut their permanent home. The United States stands to lose two highly intelligent and talented women to the United Kingdom if Lucy – a talented clinician, scientist, and valuable member of our community – is not able to stay in the United States.

In the wake of Attorney General Holder’s February 23, 2011 letter to Congress announcing that the President will no longer defend DOMA in federal court, couples like Kelli and Lucy face great uncertainty about their treatment under the law. Historically, the Department of Homeland Security has responded to such uncertainty by taking administrative actions to ensure the preservation of the status quo until a resolution has been achieved. For instance, in July 2009, DHS temporarily deferred action with regard to the widows of American citizens and their minor children to await impending legislative action that would provide those individuals with a path toward permanent resident status. A similar approach should be taken with regard to section 3 of DOMA as applied to lawful marriages of same-sex couples.

Ultimately, I believe DHS should establish a mechanism allowing couples similarly situated to Kelli and Lucy to have their green card applications held in abeyance. In the absence of such a mechanism, however, I ask that you act in this particular case to provide temporary relief to Kelli Ryan and Lucy Truman by holding their spousal petition in abeyance in an effort to avoid future harm to this couple and to the State of Connecticut. I appreciate your time and attention to this important matter.

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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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