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Election Day brings more out gays to Congress

But balance of power will likely prevent action on LGBT bills

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U.S. House candidate Sean Patrick Maloney

Sean Patrick Maloney was among the openly gay people elected to Congress (Washington Blade file photo by Michael Key)

The results on Election Day were hailed as a milestone as a record number of openly LGBT people were elected to Congress, although prospects for the passage of pro-LGBT legislation next year don’t look promising.

In addition to re-electing President Obama and approving the marriage equality side on ballot initiatives in four states, voters elected at least six openly LGB lawmakers to Congress in addition to electing pro-LGBT lawmakers like Elizabeth Warren in Massachusetts and Sherrod Brown in Ohio.

Tammy Baldwin made history by becoming the first openly gay person elected to the U.S. Senate (see related story) as incumbent Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) were re-elected. Joining them will be Sean Patrick Maloney, who’ll be the first openly gay congressman from New York; Mark Pocan, who’ll occupy the seat Baldwin held in the House; and Mark Takano, a California Democrat who’ll be the first openly gay person of color elected to Congresss.

As of press time, the race to represent Arizona’s 9th congressional district between bisexual Democratic candidate Kyrsten Sinema and Republican Vernon Parker wasn’t yet called. However, Sinema maintained a slim lead in the votes that were already tabulated. If elected, Sinema would be the first bisexual member of Congress.

Chuck Wolfe, CEO of the Gay & Lesbian Victory Fund, acknowledged the night resulted in historic wins in terms of LGBT representation at the federal level of U.S. government.

“It’s without a doubt historic,” Wolfe said. “I think you can talk about the fact that it was history-making, and those that won will be making history for years to come.”

The election results means Congress will look very different in terms of LGBT representation in the wake of Rep. Barney Frank’s (D-Mass.) retirement and Baldwin leaving the House for the Senate. The results also mean that number of openly gay House members will go from four to at least six.

Gay candidates who didn’t win were Republican Richard Tisei, who lost his bid to unseat pro-LGBT Rep. John Tierney (D-Mass.), and lesbian Democrat Nicole LaFavour, who lost her bid to unseat Rep. Mike Simpson (R-Idaho). LaFavour wasn’t endorsed by the Victory Fund.

Despite the excitement, the Election Day results in some respects resulted in the status quo for the legislative and executive branch of the U.S. government from what existed after the 2010 election when no pro-LGBT legislation passed Congress. Democrats retained control of the White House and the Senate, while Republican remain in control of the House.

As of press time, the Senate was poised to have 54 senators caucus with the Democrats and 45 senators caucus with the Republicans, although the Senate race in North Dakota remained too close to call. That would mean a net gain of one Democrat in the Senate. In the House, Republicans retained control of the chamber, but had a slimmer majority of 232 seats while Democrats claimed 191 seats — with 12 races being too close to call.

Chad Griffin, president of the Human Rights Campaign, acknowledged in a conference call with reporters on Wednesday that these results still mean a pro-LGBT majority doesn’t exist in Congress, making the passage of favorable legislation difficult.

On the issue of federal workplace non-discrimination protections, which remain an outstanding issue for the LGBT community, Griffin said in response to a question from the Washington Blade the votes won’t be there to pass legislation known as the Employment Non-Discrimination Act.

“We need to acknowledge that although we certainly made some gains in the Senate, and potentially some gains in the House, we are still short of having a vote for an inclusive ENDA in the House,” Griffin said. “We need to be realistic about that.”

Griffin said “more successes could be seen” on the state and local level and called on the White House to revisit the idea of an executive order barring federal contractors from discriminating against LGBT people, which it said in April it wouldn’t issue at the time.

“It is my hope and belief that we can get an executive order out of this White House,” Griffin said. “It is something that should be done and we will continue to urge our newly re-elected president to do. That would not be the full solution, but it would be a step toward the end goal.”

Tico Almeida, president of Freedom to Work and one of the leading advocates of the executive order, also said it’s time for the White House to reconsider to its decision in the wake of the Election Day results.

“Yesterday was a turning point for our LGBT movement and President Obama has proven that elected officials can stand strongly on the side of LGBT fairness without fear of voter backlash,” Almeida said. “We will continue to push for the president to sign the executive order as soon as possible because every day that passes is another day in which taxpayer money can be squandered on anti-LGBT workplace harassment and discrimination.”

Asked whether the White House would revisit this idea, Shin Inouye, a White House spokesperson said, “I have no updates for you on that issue.”

Almeida also said action could be seen in the Senate to pass ENDA and called for a hearing, mark-up, and full Senate vote  in 2013 when lawmakers convene at the start of the next Congress.

“One lesson from recent LGBT advocacy efforts is that we should not wait until the second year of a congressional session to move legislation forward because that’s when some elected officials start getting nervous about the upcoming election and the legislative clock starts to run out of legislative days,” Almeida said.

In the addition to workplace non-discrimination protections, action could be done at the federal level to repeal the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. Griffin said during the conference call HRC would “continue to push forward” in Congress, but expressed skepticism about passage of any legislation.

“We do have to remember the leadership in the House of Representatives is not a pro-equality set of leaders, so we still have a lot of work to do there, but I can believe we can continue this momentum,” Griffin said.

Griffin placed greater emphasis action from the Supreme Court, which on Nov. 2o will determine whether it will take up litigation challenging California’s Proposition 8 and Section 3 of DOMA. If the court declines to hear the Prop 8 case, it would mean same-sex marriage would almost immediately return to California.

Another question is which states will advance pro-LGBT legislation or relationship recognition bills in the wake of the Election Day results. Griffin said he expects progress there, but said it’s “very early” to determine which states will see action.

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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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