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Will Obama include ENDA in State of the Union?

Move would echo Clinton’s 1999 speech before Congress

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Barack Obama, gay news, Washington Blade, Joint Session of Congress
Joint Session of Congress, gay news, Washington Blade, Barack Obama

President Obama addresses a joint session of Congress. (Washington Blade file photo by Michael Key)

Amid expectations that President Obama will encourage Congress to pass jobs legislation during his upcoming State of the Union address, LGBT advocates are calling on him to articulate the need for legislative and administrative action to protect against anti-LGBT job bias.

President Obama will deliver the State of the Union address on Tuesday at 9 p.m. before a joint session of Congress to inform lawmakers about legislation he wants passed during the first year of his second term, which may include immigration reform, deficit reduction, gun control and  job creation initiatives.

But LGBT rights supporters — recalling Obama’s historic LGBT-inclusion in his inaugural address — are asking Obama to address one LGBT issue that remains outstanding since the start of his administration in 2009: the lack of federal non-discrimination protections for LGBT workers. Legislation addressing the issue that has languished in Congress for decades is known as the Employment Non-Discrimination Act.

Tico Almeida, president of the LGBT group Freedom to Work, said “it would be fantastic” for Obama to follow-up on his inaugural speech to call for ENDA passage.

“The year 2013 should bring important steps forward on ENDA, with a high probability of a successful Senate Committee mark-up and the possibility of a long overdue ENDA vote on the Senate floor,” Almeida said. “It would be very helpful for the president to use the State of the Union to assert his strong leadership on this issue by publicly calling on both chambers of Congress to vote on ENDA.”

It wouldn’t be the first time ENDA was mentioned during a State of the Union address. In 1999, then-President Clinton called for passage of the bill in addition to approval of hate crimes protections legislation, which Obama eventually signed into law in 2009.

“Discrimination or violence because of race or religion, ancestry or gender, disability or sexual orientation is wrong and it ought to be illegal,” Clinton said. “Therefore, I ask Congress to make the Employment Non-Discrimination Act and the Hate Crimes Prevention Act the law of the land.”

Obama has also made references to the LGBT community in previous State of the Union addresses. In 2010, he foreshadowed the legislative effort to repeal “Don’t Ask, Don’t Tell,” promising to “work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.”

In 2011, Obama pledged to finish the job on “Don’t Ask, Don’t Tell” by certifying an end to the military’s gay ban before the end of the year. And last year, as lesbian Air Force Col. Ginger Wallace sat in the box near first lady Michelle Obama, Obama alluded to repeal of the ban, saying, “When you put on that uniform, it doesn’t matter if you’re black or white; Asian or Latino; conservative or liberal; rich or poor; gay or straight.”

What Obama will say during the State of the Union address this year is unknown. Shin Inouye, a White House spokesperson, said he doesn’t have a preview of Obama’s remarks.

But the request to articulate the need for workplace protections for LGBT people isn’t limited to legislation. LGBT advocates say the State of the Union would also be an opportunity for Obama to commit to an executive order that would bar federal contractors from discriminating against workers on the basis of sexual orientation and gender identity.

Fred Sainz, vice president of communications for the Human Rights Campaign, said the nation’s largest LGBT group “would love to see” Obama pledge to issue this order during his remarks.

“With federal employment discrimination legislation for LGBT people currently stalled in Congress, such an order would be an important step forward and would provide important protections for millions of American workers,” Sainz said. “It’s also a natural extension of the president’s ‘We Can’t Wait’ campaign.”

The White House has repeatedly said it prefers a legislative approach to instituting federal non-discrimination protections as opposed to administrative action. Asked about the directive by the Washington Blade in December, White House Press Secretary Jay Carney said the legislative approach to “Don’t Ask, Don’t Tell” repeal should be “a model for the way to approach these issues.”

But Freedom to Work’s Almeida said observers may see a reversal during the upcoming State of the Union address because Obama has previously taken the opportunity of these speeches to announce administrative action.

“President Obama has announced other executive orders during prior addresses to Congress, and it would be great if the president used this opportunity to announce that he is fulfilling a campaign promise to prevent taxpayer money from being squandered on workplace discrimination and harassment against LGBT employees,” Almeida said.

If Obama doesn’t elect to enumerate any specific pro-LGBT initiative during the speech, it’s possible he could offer a more general sense of support for the LGBT community as he did during his inaugural.

Sainz noted the importance of including such language in the State of the Union regardless of whether any mention of ENDA is made.

“Language that speaks to the inclusion of LGBT people as being a vital and important part of America is always important,” Sainz said. “The president’s recognition of the historical significance of Stonewall was incredibly important not just to the dignity of our movement but also to growing support among fair-minded Americans for the whole host of unfinished priorities.”

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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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