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S.F. couple ‘elated’ over deferred deportation

USCIS allows Wells, Makk to stay together in country

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Anthony Makk and Bradford Wells (Blade file photo by Michael Key)

Bradford Wells breathed a sigh of relief this week following the news that his Australian-native spouse, Anthony Makk, won’t be forced to leave the United States anytime soon.

“I’m absolutely elated,” Wells said. “The pressing issue of my family being destroyed has been dealt with for the time being.”

On Wednesday, Wells, 56, received a letter from U.S. Customs & Immigration Services that potential deportation action on Makk, 49, won’t happen for at least two years.

Wells said he received the news while watching the Republican presidential candidates on television and feeling discouraged by their anti-gay rhetoric when he received an unexpected phone call.

“It was Nancy Pelosi calling,” Wells said. “She called to tell me that the problem had been solved and Anthony had been given deferred action and that my family would be together. The deferred action was good for two years. That gave me such a feeling of joy and relief.”

Wells and Makk met with House Minority Leader Pelosi (D-Calif.) to discuss their situation in D.C. during an October meeting, according to The Advocate.

Makk said he was “over the moon happy” upon hearing about the deferred action because it means his efforts to stay in the United States haven’t been in vain.

“To be able to remain here legally has been important to us, and it always has been,” Makk said. “The fact that they don’t grant this [deferred action] to many people at all makes this even more special.”

Under current immigration law, straight Americans can sponsor their foreign spouses for residency in the United States through a marriage-based green card application, but the same option isn’t available to gay bi-national couples because the Defense of Marriage Act prohibits federal recognition of same-sex marriage.

Consequently, foreign nationals in same-sex marriages could be deported if they’re undocumented or upon the expiration of their green cards. Makk was in the United States from 2000 to 2010 under a business visa, but after his company shut down, he lost his visa status and faced separation from the country.

For Wells, the prospect of being separated from his spouse was distressing because he has AIDS and depends on his spouse for care.

“He helps me get through when things just seem too difficult for me to deal with,” Wells said. “Sometimes I get so sick, I can’t deal with them … I’ve been in a lot of pain lately, so walking has been very difficult. He helps me out with that.”

Wells and Makk became a high-profile case when the San Francisco Chronicle profiled them in July and reported on the U.S. Customs & Immigration Service’s decision to deny the couple a green card. Even though the couple was married in Massachusetts in 2004 and has been together 19 years, they were unable to receive a green card because of DOMA.

But the letter dated Jan. 4 from U.S. Customs & Immigration Services states that Makk has been granted temporary deferment and won’t have to worry about deportation for that period of time.

“This is to advise you that effective today, January 4, 2012, you have been granted deferred action for a period of two years,” the letter states. “This action will expire on January 3, 2014.”

The letter explains that the deferred action is the result of prosecutorial discretion being exercised by U.S. Citizenship & Immigration Services, but doesn’t confer or alter any immigration status.

Still, the letter also states that as a person granted deferred action, Makk can apply for employment authorization in the United States. Additionally, he’s eligible for an extension of this deferred action beyond the two years that have already been allotted.

USCIS didn’t respond to the Washington Blade’s request for comment on why Wells and Makk were given deferred action in their case.

The decision falls within the scope of the prosecutorial discretion memo on deportations that the Department of Homeland Security issued in June. Additionally, the move is consistent with the Obama administration’s plan announced in August to take low-priority cases out of the deportation pipeline on a case-by-case basis.

Steve Ralls, a spokesperson for Immigration Equality, which is handling the Wells and Makk case, said the action marks the first time the administration has moved to protect a bi-national couple before the start of removal proceedings.

“For the first time, the federal government has intervened, prior to the initiation of removal proceedings, to grant real, tangible relief to a married bi-national couple,” Ralls said. “The decision to grant Anthony deferred action, which can be renewed beyond the initial two years if needed, is a welcome change from the uncertainty and threats of separation that have hung over this family, so and many others, in the past.”

In a statement, Pelosi called the deferred action a “positive resolution of Anthony’s immigration petition” and a “personal victory” for Makk and Wells.

“Anthony would have faced deportation because of the discriminatory Defense of Marriage Act, even though he has lived in the United States for more than 20 years, has no criminal history, has never lived here illegally and is the primary caregiver to his husband,” Pelosi said. “The Obama Administration’s recent efforts to prioritize immigration enforcement for the removal of criminals and others who pose a threat to national security helped pave the way for today’s good news.”

Pelosi wasn’t the only lawmaker who helped. Wells said Sen. Dianne Feinstein (D-Calif.) and gay State Sen. Mark Leno, who represents San Francisco in the California Legislature, also had roles in pressuring the U.S. government to allow his partner to remain in the United States.

Even though USCIS has taken action, Wells said he isn’t sure whether the remedy will be enough because Makk is unable to leave the country under his current status.

“”I know that Anthony cannot leave the country and come back,” Wells said. “That’s something that still worries me. If something should happen to a family member in Australia, if one of his relatives dies, or if one his relatives gets really sick, he will not be able to go back to his family there.”

Immigration Equality’s Ralls said the administration can take further action to protect other bi-national gay couples in similar situations to Wells and Makk.

“While the best solution remains a policy that would provide lesbian and gay spouses, just like straight spoues, an opportunity to obtain a green card, this action is significant nonetheless,” Ralls said. “Moving forward, it should be repeated for other couples until DOMA is repealed or UAFA is law.”

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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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