Connect with us

National

White House holds LGBT health summit

Officials hail LGBT progress at Philadelphia conference

Published

on

PHILADELPHIA — The White House heard the concerns of LGBT people here during the first of a series of conferences aimed at allowing the Obama administration to engage directly with the LGBT community and highlight its achievements.

More than 300 people from 22 states attended the conference, which was focused on LGBT health, on Thursday in the Dorrance H. Hamilton Building at Thomas Jefferson University.

Obama administration officials touted their work over the past three years on health and LGBT issues. Conference participants asked questions of officials in a town-hall style format — many focused on transgender inclusion of the administration’s LGBT work — and participated in workshops on issues such as LGBT aging, youth and transgender health as well as the health care reform law and engagement opportunities with the administration.

Secretary of Health & Human Services Kathleen Sebelius delivered the keynote speech and emphasized the purpose of the conferences was to allow the Obama administration to have greater engagement with the LGBT community.

“The goal of these conferences is to talk about some of the work that we’re doing that might be of interest to you in health, but it’s also a real opportunity … to listen, to have you share your ideas and your challenges and your struggles with us because that really helps us inform our policy each and every day,” Sebelius said.

The secretary invoked President Obama’s State of the Union address, recalling his emphasis on “fairness” as a core American value, and said this sense of fairness applies to LGBT people.

“We need to have an America that values everyone and has the same set of values and same set of rules for everyone,” Sebelius said. “And that belief means ensuring that LGBT Americans have the same protections and opportunities as their neighbors, as their colleagues, as their family members.”

Sebelius also emphasized the importance of the health care reform law. Among the LGBT-specific areas the secretary trumpeted was preventing insurers from discriminating against someone based on LGBT status, initiating data collection efforts on LGBT health and expanding HealthCare.gov to facilitate searches for health insurance plans covering same-sex partners.

The secretary also touted the insurance exchanges aimed at lowering costs to make health care more affordable.

“Every American in 2014 will have access to an insurance exchange, either run by the state or run by the federal government,” she said. “The only thing that the state can do is opt out of running it themselves, but believe me, right behind them, is us.”

Sebelius also addressed the administration’s effort to combat HIV/AIDS through the National AIDS Strategy, noting that half of all black gay men in urban areas are living with the disease.

“The result is more momentum behind domestic HIV efforts today than we’ve had for nearly a decade, and we’re only just beginning,” Sebelius said. “We think we have an opportunity … to look at a generation that will be HIV free.”

On Monday, Obama made public his budget request for fiscal year 2013, which includes an increase in funding for domestic HIV/AIDS programs, but flat-lined research programs and cut the President’s Emergency Plan for AIDS Relief, which is aimed at fighting AIDS overseas.

No mention was made about progress in research efforts to lift the Food & Drug Administration’s ban prohibiting gay and bisexual men from donating blood. HHS told members of Congress in July it was studying four areas to determine whether it could end the ban.

John Berry, director of the Office of Personnel Management and the most senior openly gay official in the Obama administration, delivered opening remarks at the event that catalogued Obama’s LGBT achievements, including repeal of “Don’t Ask, Don’t Tell” and discontinuation of the defense of Section 3 of the Defense of Marriage Act in court.

“I grew up in a time when it was OK to discriminate based on sexual orientation, when I could be kept from a loved one’s hospital bed, when I couldn’t serve the country I loved just because of who I loved,” Berry said. “Many of us in this room grew up in the midst of that fear and hostility, but thankfully the tide is turning.”

Berry cited the legal briefs the Obama administration has filed in cases against DOMA: both in Golinski v. United States and Windsor v. United States.

“I encourage you, if you’ve never read a legal brief, pick this one up,” Berry said. “It explains why discrimination based on sexual orientation is entitled to heightened constitutional scrutiny, and that is based upon the history that we have lived through and why they conclude — the president and the Justice Department — that Section 3 fails that scrutiny.”

Outstanding work on LGBT issues that the president wants to see accomplished, Berry said, includes removing DOMA from the books and passage of the Employment Non-Discrimination Act.

After his speech, Berry told the Washington Blade that he couldn’t “go into any specifics” about forthcoming LGBT-related policy changes.

“The beauty of having over 200 LGBT appointees embedded across our government is that every day they’re making changes in regulations and forms and laws and working in policies that are making the future,” Berry said.

Berry deferred questions to the White House on whether the new initiatives would include an executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies.

The conference also featured a panel of three HHS officials: Kathy Greenlee, assistant secretary for aging; Howard Koh, assistant secretary of health; and Ken Choe, deputy general counsel. Greenlee and Choe are openly gay.

During his remarks on the panel, Greenlee said she “must crow about” how HHS recognizes diversity within the LGBT community as it works on related issues.

“The people at HHS are sophisticated enough and committed enough to understand that LGBT is not a word and that each of those letters represents a different community,” Greenlee said. “As we do the analysis of our work, there are times that we stop and say, ‘What are we doing for the transgender community? Do we have anything for bisexuals? And lesbian and gay health are different issues.”

According to the White House, later conferences planned in other places throughout the country will focus on topics including — but not limited to — housing and homelessness, safe schools and communities, and HIV/AIDS prevention. An informed source said the next conference will take place March 9 in Detroit and will focus on LGBT homelessness.

Kellan Baker, a health policy analyst for the Center for American Progress’ LGBT research and communications project, attended the conference.

“It’s amazing that LGBT health is the first in this series of really groundbreaking events that the White House is doing, and it’s really exciting to have the secretary here to talk about all the great work that HHS is doing now and that they’re planning to do in the future,” Baker said.

But Baker identified one area of improvement that HHS could pursue: expanding the search option on HealthCare.gov to find plans that don’t exclude care for transgender people.

“I get a lot of questions about where to find lists of plans or policies that don’t include these exclusions,” Baker said. “Almost every single plan — including Medicare, most state Medicaid plans, most private plans, including those sold through the Federal Employees Health Benefits Program — has exclusions that specifically target care for transgender people and make it impossible for them to get a wide range of care, including basic primary care.”

Laurie Young, director of aging and economic security for the National Gay & Lesbian Task Force, was also in attendance and said the conference was important because it enabled members of the LGBT community to voice concerns.

“I think it’s just stunning that everyday people get to stand up and talk about what they feel and talk about what they need, and the administration’s listening,” Young said.

CORRECTION: An earlier version of this article incorrectly stated that Howard Koh, assistant secretary of health, is openly gay. The Blade regrets the error.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

Published

on

(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.

Continue Reading

National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

Published

on

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.

Continue Reading

Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

Published

on

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.”

Continue Reading

Popular