National
House Dems intercede on behalf of N.Y. widow against DOMA
Record number of lawmakers sign brief against anti-gay law

House Minority Leader Nancy Pelosi leads a group of 145 House Democrats expecting to file a friend of the court brief on behalf of the Edie Windsor case. (Washington Blade file photo by Michael Key)
House Democrats are yet again interceding on behalf of litigation challenging the Defense of Marriage Act — this time as one of 15 parties expected to file legal briefs before an appellate court in a case involving a lesbian New York widower.
A group of 145 House Democrats — led by House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Jerrold Nadler (D-N.Y.) — were expected to file a friend-of-court brief on Friday in the case of Windsor V. United States, which is pending before the U.S. Second Circuit Court of Appeals.
The plaintiff in the lawsuit, filed by the American Civil Liberties Union and other legal groups, is 83-year-old Edie Windsor, who was forced to pay $363,000 in estate taxes upon the death in 2009 of her spouse Thea Spyer because of Section 3 of DOMA, which prohibits federal recognition of same-sex marriage. The couple first met in 1963, but married in 2007 in Canada after an engagement that lasted more than 40 years.
The 30-page brief lays out the case why DOMA should be stricken down as unconstitutional, arguing Congress passed DOMA in 1996 out of animus toward gay people.
Additionally, the brief says DOMA unfairly imposes estate taxes upon married same-sex couples, saying “it is impossible to believe that any legitimate federal interest is rationally served by depriving a widow like [Edie] Windsor of the marital deduction that allows married couples to pass property to the surviving spouse without penalty, thus maximizing the survivor’s financial well-being.”
It’s not the first time House Democrats filed a legal brief in favor of litigation challenging DOMA. Democrats also filed a legal brief before the U.S. First Circuit Court of Appeals in the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services as well as before the U.S. Ninth Circuit Court of Appeals in the case of Golinksi v. Office of Personnel Management.
However more have signed today’s brief than ever before. The new 13 signers who didn’t pen their name to the last brief are Reps. Ron Barber (D-Ariz.), Corrine Brown (D-Fla.), Russ Carnahan (D-Mo.), John Carney, Jr., (D-Del.), Kathy Castor (D-Fla.), Norman Dicks (D-Wash.), Al Green (D-Texas), Marcy Kaptur (D-Ohio), Bill Pascrell, Jr., (D-N.J.), Ed Perlmutter (D-Colo.), Silvesre Reyes (D-Texas), Allyson Schwartz (D-Pa.) and Albio Sires (D-N.J.).
Other signers are House Minority Whip Steny Hoyer (D-Md.), Assistant Minority Leader Jim Clyburn (D-S.C.), House Judiciary Committee Ranking Member John Conyers (D-Mich.), and the four openly gay members of Congress: Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.).
The House Republican-led Bipartisan Legal Advisory Group, under the direction of House Speaker John Boehner (R-Ohio), appealed the lawsuit to the Second Circuit after the U.S. District Court for the Southern District of New York ruled in favor of Windsor and against DOMA. Oral arguments are set for September 27. It’s unclear whether any friend-of-the-court briefs will be filed on their behalf.
Other groups that are expected to file friend-of-the-court briefs in favor of Windsor are local governments, including New York City and the States of New York, Connecticut and Vermont; the Partnership for New York City — a group of CEOs from New York City businesses — the NAACP Legal Defense and Educational Fund; Bar associations, labor unions and civil rights, religious, cultural and LGBT organizations; Social workers and national mental health and medical organizations; and professors of U.S. history, family law, and family and child welfare law.
Donna Lieberman, executive director of the New York Civil Liberties Union, had particular praise for the briefs that were filed by the State of New York and New York City — both of which are the jurisdictions in which Windsor resides.
“New York is home to more married same-sex couples than any other state,” Lieberman said. “It only makes sense that our state and local governments would join the dozens of other groups supporting this case. No committed family should be relegated to second-class status.”
The ACLU has asked the Supreme Court to take up the case before the Second Circuit makes its decision on the lawsuit, but the friend-of-the-court briefs that were expected on Friday were delivered to the lower court where the case currently stands. The Supreme Court may decide to take up the lawsuit after the justices return from summer recess.
James Esseks, director of the ACLU LGBT Project, said the number of parties who have filed briefs on behalf of Edie Windsor demonstrates the extent to which DOMA harms married same-sex couples.
“The number and scope of the parties supporting Edie’s case illustrate the breadth of the harms that DOMA inflicts on married same-sex couples,” Esseks said. “It is time for the courts to bring an end to this discriminatory law once and for all.”
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.”
