National
Bi-national couple files class-action suit against DOMA
Same-sex couple faces relocation to the Philippines
A bi-national couple in California and their son have filed a lawsuit against the Defense of Marriage Act in court in attempt to avoid separation or relocation to the Philippines.
The lawsuit, Aranas v. Napolitano, was filed Thursday by the Center for Human Rights on Constitutional Law on behalf of a Filipino foreign national along with her 25-year-old son and her U.S. citizen spouse. The class-action suit is pending before the U.S. District Court for the Central District of California.
Jane DeLeon, an immigrant from the Philippines who came to the United States in 1989, has lived with her U.S. citizen partner in California, Irma Rodriguez, for twenty years. They were married in 2008 prior to passage of Proposition 8. DeLeon had her son, Martin Aranas, in a previous marriage with a man and he came to the United States when he was nine years old. His legal status is dependent on his mother’s.
DeLeon and Aranas had temporary lawful status for several years while their visa applications were being processed. DeLeon was approved for an immigrant visa based on her employment, but because she entered the country using the name of her then common-law husband, she needed a I-601 waiver from U.S. Citizenship and Immigration Service to retain legal status.
According to the lawsuit, DeLeon tried many avenues to obtain the waiver, but was denied in every attempt. Ultimately, DeLeon made the case the relocation to the Philippines would cause undue hardship for the couple. The complaint says Rodriguez suffers from hypertension and the medication she takes, Ultram, isn’t available in country. The lawsuit also cites the State Department annual human rights report and its assertion that the Philippines can be a hostile place for LGBT people.
Nonetheless, on Nov. 9, the federal government denied the application, citing Section 3 of DOMA, which prohibits federal recognition of same-sex marriage. According to a news statement, DeLeon was advised that her temporary lawful status was revoked and if she didn’t depart the country within 12 months she would be barred from reentry for a minimum of ten years.
In the statement, DeLeon said she and her family “pray that the administration will change its mind” and grant her relief so that she’s able to stay within the country.
“Irma and I have committed to each other for the rest of our lives,” DeLeon said. “We now face being forced to move to the Philippines or breaking up our family only because we are legally married women. We would face persecution in the Philippines because we are a same sex couple, not to mention dire poverty, separation from our extended families who live here, and lack of access to medical treatment Irma needs.”
Aranas also said he wants to see the administration change its decision so both he and his mother can remain together in the United States.
“I have attended school here and continue to attend school while working part-time,” Aranas said. “My legalization depends on my mother’s case. After many years of having temporary legal status, I now face being in ‘illegal’ status only because my mother is in a same sex marriage. I hope and pray that President Obama will allow me and the hundreds or thousands of children of gay married couples to continue living here with some legal protection until the courts decide whether denying our parents immigration benefits is constitutional.”
Plaintiffs contend DOMA is unconstitutional because it violates the due process and equal protection guarantees of the Fifth Amendment of the U.S. Constitution. The prayer for relief calls for the court to certify a class of similarly situated same-sex married couples and to rule that applying DOMA in this matter is unlawful. Additionally, the lawsuit asks for a temporary injunction preventing the federal government from removing or detaining plaintiffs or denying them access to employment.
Peter Schey, an attorney with the Center for Human Rights and Constitutional Law, said he hopes the lawsuit prompts the administration to change its policy and offer across the board relief for DeLeon’s family and those who are similarly situated.
“To discriminate against this population by requiring that they live underground, work illegally, or worse be deported, while the courts address the constitutionality of DOMA is unconscionable,” Schey said. “If President Obama understood that undocumented youth are entitled to temporary protection from deportation while Congress grabbles with their status, he should understand that same sex married couples are entitled to temporary protection from deportation while the courts decide if they agree with his administration that DOMA is unconstitutional.”
Lavi Soloway, an immigration attorney and founder of the Stop the Deportations, said the case is the sixth to be filed in federal court in which a married bi-national couple has challenged DOMA. Soloway, who isn’t involved in the litigation, said the lawsuit takes its place at the back of line behind nearly 20 other cases challenging DOMA and predicted that the two cases on appeal to the Supreme Court would be resolved by Summer 2013 — much sooner than the resolution of the latest case.
Still, Soloway said the filing of the lawsuit “highlights the urgent need” for the Obama administration to act on its own accord and put marriage-based green card application by gay families on hold in addition to instituting a moratorium on DOMA-based deportations.
“The Obama administration has refused to act to protect LGBT families impacted by DOMA in the immigration context, despite strenuous efforts by members of both the House and Senate to urge implementation of these remedies,” Soloway said. “Thousands of gay and lesbian Americans struggle every day with the crisis of expiring visas, separation, exile, and deportation caused solely by DOMA. This can end now if the Obama administration uses the power of the executive branch to implement remedies to protect our families until DOMA is gone.”
The Department of Homeland Security has repeatedly said it would continue to enforce to DOMA in the face of calls to hold marriage-based green cards for same-sex couples in abeyance. The administration has said it would examine potential deportations on a case-by-case basis and would consider low priority individuals with ties to the community, including LGBT families.
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.”
-
Tennessee4 days agoTenn. lawmakers pass transgender “watch list” bill
-
Iran5 days agoLGBTQ groups condemn Trump’s threat to destroy Iranian civilization
-
The White House4 days agoReport: Grenell wants Russian ambassadorship
-
District of Columbia5 days agoD.C. Council member honored by LGBTQ homeless youth group
