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Pelosi vows to drop DOMA defense in Democratic House

Lawmaker says ENDA will be legislative priority

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House Minority Leader Nancy Pelosi (Blade photo by Michael Key)

House Minority Leader Nancy Pelosi (D-Calif.) vowed to drop congressional defense of the Defense of Marriage Act in court if Democrats  retake control of the House in November.

Pelosi made the remarks Wednesday in an interview with the Washington Blade on Capitol Hill. When asked what could be expected on LGBT issues if Democrats regain control in the 113th Congress, she talked DOMA.

“First of all, we can expect something to go away, like stop spending taxpayer dollars on the Defense of Marriage of Act, which is a waste of money and not the right thing to do,” Pelosi said.

Pelosi had previously criticized House Speaker John Boehner (R-Ohio) for taking on defense of DOMA after the Obama administration announced it would no longer defend the anti-gay law and has called on House Republicans to discontinue that effort, but never before pledged to drop defense of DOMA if Democrats resumed control of the House.

She said she thinks Republicans believe DOMA is unconstitutional because when they controlled the House under the Bush administration, they tried to pass court-stripping provisions denying judicial review for the anti-gay law and others.

“They had to know that there was a weakness constitutionally in that bill, if they would want to put court-stripping provisions in relating to DOMA and the rest,” Pelosi said. “So, we think they know it’s weak constitutionally.”

Pelosi made the pledge to discontinue congressional defense of DOMA just hours after the U.S. District Court of the Southern District struck down the law in the case of Windsor v. United States, which was filed by the American Civil Liberties Union.

U.S. District Judge Barbara Jones, who became the fifth federal judge to rule against DOMA, ordered that plaintiff Edith Windsor be repaid the $353,053 plus interest and costs allowed by law that she paid out in estate taxes because of DOMA upon the death of her spouse, Thea Spyer.

Among other LGBT initiatives on which Pelosi pledged action if Democrats win back the House was the Employment Non-Discrimination Act, which would bar job discrimination against LGBT people in most situations in the public and private workforce.

“We were on path on ENDA, and I’m still on that path mentally, and that’s what I would like to accomplish,” Pelosi said.

Pelosi also mentioned immigration legislation affecting the LGBT community, alluding to the Uniting American Families Act, which would enable gay Americans to sponsor their foreign-born same-sex partners for residency in the United States. She said the bill would “seriously codify immigration policy relating to the [LGBT] community.”

Pelosi was cautious about predicting that Democrats would win the 25 seats necessary to regain control of the House, saying there’s a “50-50” chance, nor would she presume that she would once again be elected speaker in that scenario.

“One thing at a time,” Pelosi said. “Let’s win the House first.”

Pelosi also wouldn’t rule out more progress on LGBT issues under the current makeup of Congress. She said conferees working on the Violence Against Women Act may adopt LGBT-inclusive language because the Democratic-controlled Senate wouldn’t pass a bill without it.

“It’s supposed to go to conference,” Pelosi said. “I don’t think the Senate will pass a bill without those protections, and we certainly won’t support it in the House.”

Pelosi maintained the lack of LGBT language ensuring non-discrimination in shelters and inclusion in grant programs — which is found in the version of the bill passed by the Senate — was among the reasons Democrats voted against the House bill.

“How can you say you don’t approve of violence against women except if you happen to be lesbian or bisexual or transgender?” Pelosi said. “Those are the people who need it the most, you know? And so, but it’s not only the [LGBT] community, it’s also Native Americans and immigrants who are excluded from protections in the House bill.”

Pelosi said Republican lawmakers have confided to her they want to push their caucus to support more inclusive language in the conference report even as many voted for the less inclusive House version of the bill because they didn’t want to seem like they favored violence against women.

“If they’re from places with lots of Native Americans and/or lots of LGBT [people] — there are people who vote with their experience, and their constituents, so I think they will be feeling some pressures to support the Senate bill,” Pelosi said.

Pelosi also commented on the U.S. Ninth Circuit Court of Appeals decision earlier this week not to rehear a case challenging California’s Proposition 8 after a three-judge panel initially struck down the law.

She deferred to others when asked whether the case should move to the Supreme Court, where justices could rule on same-sex marriage bans throughout the country.

“There are better skilled legal minds on this subject,” Pelosi said. “What I want it to do is end up at a place where we really make a difference in people’s lives, and some of the court decisions have deferred to the Supreme Court acting, so that may be what it takes, but again I’m waiting to hear from those who are in the community who are looking at the consequences.”

Pelosi spoke to the Blade after remarks she gave at a reception for Hill staffers called “LGBT Pride on the Hill,” which, in addition to celebrating June as Pride month, honored Pelosi for her 25 years of service on Capitol Hill.

Prior to her remarks, Pelosi was given a rainbow-studded gavel by her deputy director of scheduling, Timothy Merritt, who’s gay. Merritt was appointed to the job in April 2011, but is leaving for Chicago to pursue a job with the Obama campaign.

Additionally, Pelosi commented on Wednesday’s news that one of the daughters of House Democratic Whip Steny Hoyer (D-Md.), Stefany Hoyer Hemmer, has publicly come out as a lesbian in hopes of preserving the marriage equality law in Maryland. Pelosi said she read the Blade article that broke the story.

“I was very happy with her,” Pelosi said. “I know it must have brought her some peace, too. It’s liberating to make a decision. I don’t want to speak for anybody else, but God bless her for her decision, and God bless her for the work that she is setting out to do.”

Pelosi said she hasn’t spoken with Hoyer about her daughter’s decision to come out as a lesbian, but plans to bring it up with him.

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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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