National
Lesbian guardsman calls on Boehner to drop DOMA defense
Cancer patient fears she may not ‘have the time to wait’
A lesbian guardsman suffering from cancer is calling on House Speaker John Boehner to stop defending the Defense of Marriage Act in court.
She met with staff in his D.C. office on Thursday in an effort to convince the Ohio Republican to discontinue support for the anti-gay law.
Chief Warrant Officer Charlie Morgan met with Katherine Haley, a policy assistant to Boehner, to ask the speaker to drop defense of DOMA so that upon her death, her spouse, Kathy Morgan, can receive federal benefits. Morgan serves in the New Hampshire National Guard and just returned from deployment in Kuwait.
In September 2011, the guardsman was diagnosed with stage-four incurable breast cancer. After being first diagnosed in 2008 and undergoing a double mastectomy and chemotherapy, Morgan was declared cancer-free and deployed to Kuwait, but was later informed her cancer had returned and has resumed chemotherapy.
“I’m very worried about the military survivor benefits for Karen if I don’t survive this bout with cancer,” Morgan said in a Washington Blade interview. “I explained to her that I wasn’t afraid to die, but I was worried that Karen would not receive the same spousal survivor benefits as our heterosexual counterparts.”
Among the benefits that Morgan is seeking for her spouse are survivor’s benefits, Social Security benefits and health insurance coverage.
Morgan said Boehner’s staffer spoke with her for about 15 to 20 minutes and was “polite” and “empathetic,” but said Boehner would probably continue to defend DOMA in court.
“I told her that I believe in miracles, but it was important for her to relate to the speaker that I need this to happen now because I don’t have the time necessarily to wait through the legislative or judicial process,” Morgan said. “If he were to not defend DOMA, that would immediately [help] my family and benefit us.”
Michael Steele, a Boehner spokesperson, confirmed “the meeting did occur,” but declined to offer any more information about the discussion or Morgan’s call for Boehner to discontinue his defense of DOMA.
The Morgans are among the plaintiffs in the lawsuit that Servicemembers Legal Defense Network filed in October on behalf of gay troops and veterans against DOMA on the basis that the anti-gay law blocks them form receiving federal benefits afforded to service members in opposite-sex marriages. Morgan attended the meeting with Boehner’s staff along with David McKean, an SLDN attorney.
During the meeting, Morgan submitted photos of herself in uniform, and with her partner and daughter as well as a letter dated Feb. 9 about her struggle with cancer, her family’s military history and how the veterans benefits her mother received upon the death of her father, who was in the Army and deployed twice to Germany, helped her keep “a roof over our heads and food on the table.”
“The military informs us that it is only as strong as the families that support it,” the letter states. “In turn, my military leadership supports my efforts to attain benefits to take care of my family. As a service member who has proven that I am willing to die for my country I am asking you not to defend DOMA for the sake of the many people whose lives it negatively impacts.”
The meeting follows a similar letter dated Dec. 23 that Morgan sent to Boehner asking him for a meeting to discuss the negative impact that DOMA has on her family.
After the Justice Department announced last year President Obama had determined DOMA was unconstitutional and would no longer defend the statute against litigation, Boehner convened the Bipartisan Legal Advisory Group in the House, which voted in March along party lines to take up defense in the administration’s stead.
Congress is unlikely to repeal DOMA legislatively given its given makeup. The Senate Judiciary Committee reported out legislation to repeal the law in November, but there are no plans for a floor vote. Success on the House floor is unlikely and Boehner has indicated he won’t bring up the repeal legislation to a vote.
The Obama administration has a deadline of Feb. 28 to respond to the lawsuit in which Morgan is a plaintiff. The administration is expected to decline to take up defense of the law and for Boehner to take up defense of the law as he has with other DOMA cases.
Aubrey Sarvis, SLDN’s executive director, said in a statement Boehner should drop defense of DOMA so the courts can decide the constitutionality of the anti-gay law on their own and permit Morgan and others in same-sex relationships to receive federal benefits.
“Our message for Speaker Boehner and others today is simply this: Chief Warrant Officer Charlie Morgan can’t wait,” Sarvis said. “She and her family deserve equal treatment, and she may not have years for this process to play out in the courts or on Capitol Hill. Speaker Boehner can make a difference here, and we respectfully ask him to take a look at this case and get to know this family. We are confident that when he does, he will see that these discriminatory laws hurt our military, harm families and are indefensible.”
The meeting with Boehner’s office isn’t the only one Morgan had on Capitol Hill. The lesbian guardsman also met with her member of Congress, Rep. Frank Guinta (R-N.H.), about her desire for Boehner to discontinue defense of DOMA. SLDN’s McKean was present during this meeting as well.
Morgan said she spoke with Guinta for close to 10 minutes. She said he was also “empathetic” to her situation and said he’d “see what he can do.”
“I also explained to him that I knew that he was pro-military because he comes from New Hampshire and the congressional delegates from New Hampshire are pro-military,” Morgan said. “But I explained to him that for me it was a military issue. It wasn’t just my issue. It was an issue for all other thousands of gay and lesbian families in the same situation across the nation.”
A spokesperson for Guinta declined to comment on the meeting, saying its was a private discussion between the lawmaker and one of his constituents. Guinta isn’t a co-sponsor of the Respect for Marriage Act, legislation that would repeal DOMA.
In addition to the lawsuit, SLDN also launched an online petition at Change.org on the same day of the meeting calling on Boehner to discontinue his defense of DOMA in court. As of late afternoon on Thursday, the petition had 211 signatures.
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
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.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
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.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
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.”

