National
Anti-gay briefs ‘mischaracterized’ study
Child Trends says its research doesn’t pertain to same-sex parents
Attorneys who submitted anti-gay briefs to the Supreme Court in favor of California’s Proposition 8 and the Defense of Marriage Act are continuing the mischaracterization of a 2002 study on child development to suggest same-sex parents are less fit than opposite-sex parents, according to the non-profit that produced the study.
The 2002 study — which is is referenced in both the DOMA and Prop 8 briefs filed on Tuesday — is titled “Marriage from a Child’s Perspective: How Does Family Structure Affect Children and What Can We Do About It?” and was produced by the D.C.-based non-profit Child Trends, an organization that seeks to improve the lives of children by through research.
Carol Emig, president of Child Trends, said in a statement to the Washington Blade that attorneys who wrote these briefs misconstrued the group’s study in arguments against same-sex marriage because the findings say nothing about the quality of life for children raised by same-sex parents.
“The Child Trends brief in question summarizes research conducted in 2002, when same-sex parents were not identified in large national surveys,” Emig said. “Therefore, no conclusions can be drawn from this research about the well-being of children raised by same-sex parents.”
Emig added, “We have pointed this out repeatedly, yet to our dismay we continue to see our 2002 research mischaracterized by some opponents of same-sex marriage.”
Child Trends’ study concludes, among other things, that “the family structure that helps children the most is a family headed by two biological parents.” The study makes references to children raised by single parents and stepparents, but no explicit reference to same-sex parents is found in the report.
In the DOMA brief, signed by attorneys House General Counsel Kerry Kircher and former U.S. solicitor general Paul Clement, the Child Trends study is cited on page 47 as part of an argument that having DOMA on the books encourages childrearing by biological parents.
“Of course, only relationships between opposite-sex couples can result in children being raised by both of their biological parents,” the brief adds. “Therefore, when government offers special encouragement and support for relationships that can result in mothers and fathers jointly raising their biological children, it rationally furthers its legitimate interest in promoting this type of family structure in a way that extending similar regulation to other relationships would not.”
In the Prop 8 brief, signed by lead attorneys with ProtectMarriage.com, Andrew Pugno and Charles Cooper, the Child Trends study is referenced on page 37 as “a leading survey of social science research” under the argument that Proposition 8 furthers responsible procreation and child bearing.
“Because same-sex relationships cannot naturally produce offspring, they do not implicate the State’s interest in responsible procreation and childrearing in the same way that opposite-sex relationships do,” the brief states.
Attorneys affiliated with ProtectMarriage.com and the House Republican-led Bipartisan Legal Advisory Group didn’t respond to the Blade’s request for comment on the apparent misuse of the study in their legal briefs. The DOMA brief was filed in the case of Windsor v. United States and the Prop 8 brief was filed in the case of Hollingsworth v. Perry.
The reference to the study isn’t the first time anti-gay forces have referenced that study as part of their argument against same-sex marriage, nor is this the first time that Child Trends has objected to use of its research for anti-gay purposes.
In his 136-page ruling against Prop 8 issued in 2010, U.S. District Judge Vaughn Walker tore into David Blankenhorn, president of the Institute for American Values, for relying on the Child Trends study among others during testimony as evidence that parenting by same-sex parents is inadequate.
“Blankenhorn’s conclusion that married biological parents provide a better family form than married non-biological parents is not supported by the evidence on which he relied because the evidence does not, and does not claim to, compare biological to non-biological parents,” Walker writes.
David Blankenhorn, also citied the Child Trends brief as part of a 2008 essay titled “Gay marriage deprives children,” in September 2008 when Proposition 8 was headed for the ballot. In a letter to the editor, Emig also objected to the use of her group’s study for that argument.
“In research studies, the number of gay parents, even in large national surveys, has been too small to allow for separate analyses,” Emig wrote. “What is needed is a large-scale study of a representative sample of same-sex couples. Clearly, a better understanding of the diversity, strengths, and challenges faced by varied types of families is needed to better inform debates such as this one.”
While opposing marriage equality at the time, Blankenhorn has since reversed his views on same-sex marriage and now accepts it.
Similar objections were voiced in 2012 by Child Trends in the Kennebec Journal when Protect Marriage Maine brought up the study during the campaign to legalize same-sex marriage at the ballot in Maine and in the Minneapolis Star Tribune when Minnesota for Marriage cited the study as a reason for passing the failed anti-gay marriage amendment there.
Jon Davidson, legal director at Lambda Legal, said the citing of this research in the Prop 8 and DOMA briefs is “dishonest, shameful, and, in my view, unprofessional.”
“These misrepresentations have not only been pointed out by the researchers before, but have been repeatedly debunked by the party and amicus briefs in these cases — and in expert testimony at trial in Perry and in expert witness declarations in Windsor — yet the attorneys fighting against marriage equality continue to baldly misrepresent the actual findings of this and the other research on which they purport to rely,” Davidson said.
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.”
-
Tennessee5 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

