National
Senate passes LGBT-inclusive domestic violence bill
Measure passes by 68-31 on bipartisan basis
The U.S. Senate approved legislation on Thursday that aims to strengthen domestic violence programs and extend their coverage to LGBT victims.
Legislation to reauthorize the Violence Against Women Act, or VAWA, was approved by a 68-31 vote on a bipartisan basis. Republicans had help up the legislation for weeks after it had been reported out by the Senate Judiciary Committee before finally allowing it to come to the floor.
The bill aims to strengthen and improve programs authorized under the existing law — first enacted in 1994 — to assist victims and survivors of domestic violence, dating violence, sexual assault and stalking. Among the ways the bill builds on existing law is setting aside grant money for programs addressing sexual assault crime and enhancing training for officials to identify high risk offenders who could commit domestic violence homicide.
But the legislation also has enumerated protections for victims of domestic violence in the LGBT community. The bill would make grants available for programs providing services to underserved communities, including LGBT victims of domestic violence. Additionally, the bill has non-discrimination language prohibiting VAWA grantees from discriminating on the basis sexual orientation or gender identity.
No Democrats voted against the legislation. Among the Republicans who joined Democrats in supporting the bill were Lamar Alexander (R-Tenn.), Kelly Ayotte (R-N.H.), Scott Brown (R-Mass.), Dan Coats (R-Ind.), Susan Collins (R-Maine), Bob Corker (R-Tenn.), Mike Crapo (R-Idaho), Dean Heller (R-Nev.), John Hoeven (R-N.D.), Kay Bailey Hutchison (R-Texas), John McCain (R-Ariz.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio), Olympia Snowe (R-Maine) and David Vitter (R-La.). Sen. Mark Kirk (R-Ill.), who’s been recovering from a stroke, was the sole senator who didn’t vote.
Prior to the final vote, the Senate beat back by a vote of 37-62 an alternative version of VAWA reauthorization, sponsored by Hutchison, that would have stripped the legislation of its LGBT provisions.
No Democrat voted for this measure, but some of the same Republicans who voted for this version also voted “yes” on the final vote: Alexander, Ayotte, Coats, Corker, Crapo, Heller, Hoeven, Hutchison, McCain, Portman and Vitter.
Republicans who voted against both measures were Tom Coburn (R-Okla.), Jim DeMint (R-S.C.), Mike Lee (R-Utah), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), likely to signify they oppose VAWA reauthorization in any form.
Praise came from LGBT advocates, who applauded senators for working in a bipartisan way to address domestic violence.
Joe Solmonese, president of the Human Rights Campaign, commended the Senate for the bipartisan nature of the vote.
“Senators from both sides of the aisle came together today to ensure that all domestic violence victims, including those who are LGBT, will not face discrimination when they seek victim services,” Solmonese said. “We applaud the Senate for recognizing the importance of this bill and taking bipartisan action, and we call on the House to do the same.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, emphasized the importance of the legislation for LGBT victims of domestic violence.
“Lesbian, gay, bisexual and transgender people are not immune from this violence, and their distress should not be further heightened by a lack of proper response from service providers or law enforcement,” Carey said. “Imagine being assaulted, scared and in pain — and then being turned away from receiving basic services and care. No one should ever be subjected to such inhumane treatment.”
Carey said VAWA reauthorization would “go a long way toward ensuring everyone has access to life-sustaining resources,” thanking the Senate for passing the bill and urging the House “to swiftly follow suit.”
Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.
Whether the legislation can pass the Republican-controlled House remains to be seen. Observers have told the Washington Blade that passage of the bill — at least the form passed in the Senate — is unlikely in the lower chamber.
Vice President Joe Biden, who authored the 1994 version of the measure, also commended the Senate in a statement and urged the House to take action.
“In 2012, we should be beyond questioning the need for the Violence Against Women Act,” Biden said. “This law has been overwhelmingly successful since it was first enacted 17 years ago to improve the criminal justice response to this violent crime and to assist those who experience this abuse. Since then, the law has twice been reauthorized with the broad support of members of both parties. It should still be bigger than politics today.”
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.”
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