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Hagel fails to impress some LGBT advocates

White House defers LGBT military policy questions to testimony

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Chuck Hagel, gay news, Washington Blade
Chuck Hagel, Secretary of Defense, gay news, Washington Blade

Defense secretary nominee Chuck Hagel is still facing questions from advocates on LGBT military policy. (Washington Blade photo by Michael Key)

LGBT rights supporters are seeking more from Defense Secretary nominee Chuck Hagel in the aftermath of testimony in which he expressed a commitment to gay and lesbian troops.

In written testimony before the Senate Armed Services Committee on Thursday, Hagel built upon earlier comments to express support for “Don’t Ask, Don’t Tell” repeal and committed to “move forward expeditiously” on the issue of outstanding partner benefits for gay service members.

LGBT advocates say they appreciate Hagel’s commitment, but want him to make good on his promises and act on LGBT military issues that he hasn’t yet addressed.

The Human Rights Campaign emphasized the importance of Hagel taking action upon confirmation to extend benefits to troops with same-sex partners. Among the outstanding benefits that could be extended administratively are military IDs, joint duty assignments and access to family programs.

“We were glad to see Sen. Hagel’s clear statement of support for gay and lesbian service members and their families,” said HRC Vice President of Programs Fred Sainz. “If confirmed, we expect Sen. Hagel to make good on his statements and act immediately to ensure that all military families have equal access to all military benefits available to them under the law.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said she’s happy Hagel articulated a commitment to gay troops, but hopes he’ll “exercise future leadership” to lift the barriers for transgender service members.

“Sen. Hagel’s commitment toward full implementation of DADT repeal and providing equal benefits to the same-sex spouses of service members was encouraging,” Carey said. “If confirmed, we hope he will exercise further leadership on LGBT issues and work to remove Defense Department barriers that prevent transgender people from serving their country openly.”

Another request came from Allyson Robinson, executive director of OutServe-SLDN, who issued a statement following the hearing calling on Hagel to extend non-discrimination protections in the military to LGBT troops. Currently, gay service members have no recourse for claims of discrimination and harassment other than their chain of command.

“If Sen. Hagel is confirmed, he must use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual, and transgender members of the military,” Robinson said.

GetEQUAL, among the LGBT groups that had come out in opposition to Hagel, seemed to budge a little in the wake of the confirmation hearing, but also was looking for a greater commitment.

Heather Cronk, managing director for GetEQUAL, said she’s glad Hagel made the commitments for gay service members, but is looking now for “specifics behind that commitment” to offer support.

“Our key questions are whether Hagel will implement a non-discrimination policy, since DADT repeal didn’t include one, and whether that policy will immediately allow transgender service members to serve openly,” Cronk said. “If he will answer both of those questions in the affirmative, we’ll be more convinced that his values align with the stated values of the Obama administration.”

White House Press Secretary Jay Carney deferred Blade requests to elaborate on Hagel’s LGBT military policy views to his previously stated testimony:

Washington Blade: Jay, following the confirmation hearing yesterday, the LGBT military group OutServe-SLDN issued a statement saying Sen. Hagel as defense secretary must “use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual and transgender members of the military.” That non-discrimination, unlike the benefits issue, has heretofore gone unaddressed during the confirmation process. Does the White House expect Hagel to make this policy happen if he’s confirmed as defense secretary?

Jay Carney: I would just point you to numerous answers the senator gave in response to questions about his support for the president’s positions on issues regarding LGBT rights, including with regard to service in our military. I don’t have anything more you, but the president’s positions on these issues are clear, and he continues to intend to make progress them as he made clear in his inaugural.

Blade: Sen. Hagel did express in written responses to questions that he’d move “expeditiously” on the benefits issue, and you said last week the issue has the president’s attention. But when will these benefits be enacted?

Carney: Well, I think expeditiously is when they will get attention, as Sen. Hagel rightly answered, and, hopefully, with him at the Pentagon as soon as possible.

Carney’s remarks suggest that LGBT advocates will have to wait for Hagel to take the helm of the Pentagon for action on partner benefits for gay troops as opposed to having them enacted under the watch of outgoing Defense Secretary Leon Panetta, who’s been under pressure to make the changes.

The time when Hagel will be faced with these issues may come soon. Senate Armed Services Chair Carl Levin (D-Mich.) said during the hearing a committee vote will take place Thursday, and a floor vote should take place soon after.

However, without a single Senate Republican expressing support, questions persist over whether 60 votes are present in the Senate to overcome a filibuster of his nomination.

The Log Cabin Republicans, which took out a full-page ad against Hagel in the New York Times and another in the Washington Post, remains opposed to the Hagel nomination even in the wake of his confirmation hearing.

Gregory Angelo, Log Cabin’s interim executive director, echoed some Republicans who accused Hagel of flip-flopping in his positions as he pursues the position of defense secretary.

“Sen. Hagel did so much flip-flopping, waffling and walking back on his prior statements on Iran, Israel and Iraq yesterday that we find no reason to assume he won’t shift his opinion on his opportunely timed, new-found support for the repeal of ‘Don’t Ask, Don’t Tell’ as well,” Angelo said. “Yesterday’s hearings only underscored what Log Cabin Republicans has been saying all along: Chuck Hagel is the wrong choice for Secretary of Defense.”

One key voice in the LGBT community who hasn’t yet articulated a final position on Hagel one way or the other is lesbian Sen. Tammy Baldwin (D-Wis.) — even though other Democratic senators who have pro-LGBT records like Charles Schumer (D-N.Y.) and Mark Udall (D-Colo.) have come out in favor of the nomination.

During an appearance on MSNBC’s “Hardball” last month, Baldwin said she’d ask Hagel “tough questions” about his vision for the post-“Don’t Ask, Don’t Tell” military but hasn’t yet commented publicly on the issue further. Her office didn’t respond to a request to comment.

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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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