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NAACP approves resolution endorsing marriage equality

103-year old civil rights group joins President in supporting same-sex marriage

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NAACP

(image courtesy NAACP)

The NAACP announced on Saturday its board has voted in a favor of resolution endorsing same-sex marriage on the basis that marriage rights for gay couples is consistent with equal protection under the U.S. Constitution.

The National Association for the Advancement of Colored People, founded 103 years ago to advocate for the civil rights of black Americans, made the resolution public after the board voted in favor of the measure. The vote tally wasn’t immediately available.

The resolution affirms the NAACP’s commitment to equal protection under the Fourteenth Amendment while at the same time states a commitment to religious freedom under the First Amendment.

“The NAACP Constitution affirmatively states our objective to ensure the ‘political, education, social and economic equality’ of all people,” the resolution states. “Therefore, the NAACP has opposed and will continue to oppose any national, state, local policy or legislative initiative that seeks to codify discrimination or hatred into the law or to remove the Constitutional rights of LGBT citizens. We support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution. Further, we strongly affirm the religious freedoms of all people as protected by the First Amendment.”

The endorsement from the Baltimore-based organization comes on the heels of President’s Obama’s announcement in support of same-sex marriage. Within the span of a couple weeks, the nation’s first black president and the country’s premier organization for civil rights of black Americans have come out in favor of same-sex marriage. Other prominent black Americans — actor Will Smith, rapper Jay-Z and House Assistant Democratic Leader Jim Clyburn (D-S.C.) — have also followed Obama’s lead.

Leaders within the NAACP said support marriage equality is consistent with the organization’s advocacy for civil rights.

Roslyn Brock, board chair of the NAACP, said, “The mission of the NAACP has always been to ensure political, social and economic equality of all people. We have and will oppose efforts to codify discrimination into law.”

NAACP’s Benjamin Jealous (Photo courtesy NAACP)

NAACP President Benjamin Todd Jealous called civil marriage “a civil right and a matter of civil law.”

“The NAACP’s support for marriage equality is deeply rooted in the Fourteenth Amendment of the United States Constitution and equal protection of all people,” Jealous said. “The well-funded right wing organizations who are attempting to split our communities are no friend to civil rights, and they will not succeed.”

Previously, the NAACP had no position on marriage equality. Julian Bond, chairman emeritus of the organization, has personally advocated for LGBT rights and same-sex marriage, saying the goals of the LGBT rights movement were consistent with the goals of the black civil rights movement.

Even though the NAACP had no official position in favor of marriage equality, the organization had advocated against legislative ban on same-sex marriage. Among these actions included stated opposition to the Defense of Marriage Act and constitutional bans on same-sex marriage in North Carolina and California.

LGBT rights groups hailed the NAACP’s announcement in support of marriage equality as a milestone in the pursuit of marriage rights for gay couples.

Evan Wolfson, president of Freedom to Marry, was among the LGBT advocates who had high praise for the organization.

“The NAACP has long been the nation’s conscience and champion for an America where all share equally in the promise of liberty and justice for all,” Wolfson said. “Today the NAACP resoundingly affirmed that the freedom to marry is a civil right and family value that belongs to all of us, and that discriminatory barriers to marriage must fall.”

Joe Solmonese, president of the Human Rights Campaign, said the vote is “another example of the traction marriage equality continues to gain in every community.”

“It’s time the shameful myth that the African-American community is somehow out of lockstep with the rest of the country on marriage equality is retired — once and for all,” Solmonese said. “The facts and clear momentum toward marriage speak for themselves.”

Black Americans have been seen as among the minorities within the country that are least supportive of marriage rights for gay couples. In November, a Washington Post-Kaiser Family Foundation poll found 58 percent of black Americans believe same-sex marriage was“unacceptable,” while 35 percent deemed it “acceptable.”

But views may be changing. Following the Obama’s endorsement of same-sex marriage, a Washington Post-ABC News poll published Tuesday found that 54 percent of black Americans had a favorable view of the president’s announcement, while 37 viewed it unfavorably.

Anti-gay groups have accused of trying to exploit racial tensions as part of efforts to oppose same-sex marriage. Internal documents from the National Organization for Marriage, obtained by the Human Rights Campaign and made public in March, reveal the organization tried to “drive a wedge between gays and blacks” as part of its strategy.

“The strategic goal of this project is to drive a wedge between gays and blacks—two key Democratic constituencies,” one documents reads. “Find, equip, energize and connect African American spokespeople for marriage, develop a media campaign around their objections to gay marriage as a civil right; provoke the gay marriage base into responding by denouncing these spokesmen and women as bigots.”

Solmonese said the NAACP’s endorsement of same-sex marriage demonstrates that NOM’s strategy to exploit the black community has failed.

“NOM has pursued ugly racial politics seeking to divide people, but what is becoming crystal clear is that its strategy is not working,” Solmonese said. “Americans from all walks of life are uniting to support love, commitment, and stronger families.”

NOM didn’t immediately respond to a request to comment on the NAACP’s endorsement.

One state with a significant black population could soon be deciding the issue of same-sex marriage. In Maryland, where opponents of same-sex marriage are seeking to place a referendum of the law on the ballot, an estimated 29 percent of the population is black.

Josh Levin, campaign manager for Marylanders for Marriage Equality, praised the NAACP for the endorsing marriage equality and said it demonstrates growing black support for same-sex marriage.

“We could not be more pleased with the NAACP board decision to support marriage equality,” Levin said. “It is yet again reflective of the growing momentum within the African-American community — like all communities — to support stronger families and protect children.”

Among the groups that have been working to preserve the Maryland same-sex marriage law, Levin said, is the Baltimore branch of the NAACP.

“The signs are clear: a majority of all Marylanders — people of all backgrounds — support making families stronger and protecting all children equally under the law,” Levin said.

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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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