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National news in brief: November 25

First Texas GOP elected comes out, Calif. may fight another ballot initiative, gay crack downs in Russia, and more

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Texas Board of Education official comes out

DALLAS — Heading off an apparent ‘whisper campaign’ about his sexual orientation, a Republican Texas state Board of Education member seeking re-election has come out on his own, according to the Dallas Voice.

George Clayton, an academic coordinator at North Dallas High School, is seeking re-election to his position as Board of Education member from Richmond. Clayton sent an email to several news outlets last week in response to what Clayton called “the tyranny of misinformation and innuendo.” Clayton seized the seat in a 2010 Republican primary victory from long-time incumbent Geraldine “Tincy” Miller, who is seeking to reclaim the spot in 2012.

Coming out makes Clayton the first known openly gay elected Republican in Texas.

“It has come to my attention that one of my opponents in my bid for reelection to the State Board of Education and certain member(s) of the Golden Corridor Republican Women’s Club are questioning my sexual orientation,” Clayton said in his email.

“I wish to say that I, in fact, do have a male partner who lives with me in my home in Richardson, Texas. I hope this frank announcement satisfies Tincy Miller and the ladies associated with the Golden Corridor organization.”

New effort to end Calif. LGBT curriculum law

SACRAMENTO — Opponents of a new California law mandating the inclusion of historical figures from the LGBT and disabled communities in school curriculum have filed paperwork to begin collecting signatures supporting a ballot measure to gut the law, despite failing at an earlier attempt to collect enough signatures to place a referendum on the 2011 ballot.

The opponents are now seeking to convince 2012 voters to strip the LGBT language from the law, leaving the rest intact, according to Equality California.

“This initiative seeks to distort the history taught in California schools and present students with a censored, inaccurate view of our nation, which our coalition will not let stand,” James Gilliam, deputy executive director of the American Civil Liberties Union of Southern California, said in a statement last week.

N.C. Baptist church refuses to perform weddings

RALEIGH, N.C. — Breaking with other Baptist churches, the congregation at Pullen Memorial Baptist Church has voted to cease performing marriages in the church until same-sex unions are legal.

The congregation — led by lesbian pastor Nancy Petty — voted unanimously to prohibit the church’s pastor from performing legal marriage ceremonies for any couples unless the state ban on same-sex marriage is lifted, according to the website of the Raleigh-based publication, The News & Observer. The congregation also released a statement denouncing the proposed amendment to the North Carolina Constitution banning same-sex marriage in that state.

Language has qualified for the November 2012 ballot in North Carolina that would ban marriage rights and civil unions for same-sex couples in that state. Same-sex marriage is already barred in North Carolina state law.

The pastor will still be able to bless “holy unions,” which are open to all couples, but Petty is barred from signing marriage licenses required by the state to establish a legal marriage.

Russia cracks down on LGBT advocacy

ST. PETERSBURG, Russia — The New York Times is reporting that members of the Russian LGBT community are fearful that a crackdown on LGBT visibility in the nation is intensifying after one of Russia’s largest cities approved a ban on “propaganda of homosexuality.”

St. Petersburg, Russia’s second largest city, has followed two smaller, remote Russian cities in approving a ban on “public actions aimed at propagandizing sodomy, lesbianism, bisexuality, transgenderism among minors.” According to the Times piece, “at least one prominent Russian singer has already expressed concern that the law may affect his and other artists’ ability to perform in front of audiences and to market their records.”

In a bizarre moment during the debate, a city councilor proposed banning all rainbows.

“On St. Petersburg day we had posters all over the city with portraits of Peter the Great and a brightly colored rainbow under it,” she ranted, according to the Times. “How can there be a rainbow, which is the international gay symbol? And we have day-care centers called Rainbow and drug stores called Rainbow all over the city! … We are going to die out soon.”

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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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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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