National
Obama cements legacy as ‘fierce advocate’
But supporters look for more advances after stand against DOMA, Prop 8

LGBT advocates applaud Obama’s Prop 8 brief, but still want more. (Washington Blade file photo by Michael Key)
The relationship between the LGBT community and President Obama has arguably never been stronger in the wake of the administration’s decision to participate in the lawsuit challenging California’s Proposition 8 — but advocates want him to continue that momentum on other LGBT issues.
On one hand, LGBT rights supporters are pleased with the Justice Department’s friend-of-the-court brief because it marked the first time the administration argued that a ban on same-sex marriage is unconstitutional. On the other hand, some advocates continue to clamor for advances in other areas — in particular by signing an executive order barring LGBT workplace discrimination for federal contractors.
Fred Sainz, vice president of the Human Rights Campaign, was among those who said the brief signaled that Obama continues to lead on issues facing the LGBT community.
“In ways big and small, he continues to distinguish himself as a leader on issues important to our community.” Sainz said. “So, the truth is, I think the president has by filing this brief cemented his legacy as a ‘fierce advocate’ for LGBT people.”
Following calls from LGBT advocates, U.S. Solicitor General Donald Verrilli filed the Justice Department’s brief last week before the Supreme Court. It applies the administration’s reasoning for why the Defense of Marriage Act is unconstitutional — namely that laws related to sexual orientation should be subject to heightened scrutiny – to California’s Prop 8.
While the brief focuses on the constitutionality of Prop 8, which is the question before the Supreme Court, the filing also has language suggesting that same-sex marriage bans in other states are unconstitutional. The brief observes that eight states including California have bans on same-sex marriage while offering domestic partnerships to same-sex couples with the same benefits of marriage.
During a news conference at the White House on Friday, Obama himself said the reasoning presented against Prop 8 in the brief may apply to other cases.
“Now, the court may decide that if it doesn’t apply in this case, it probably can’t apply in any case,” Obama said. “There’s no good reason for it. If I were on the court, that would probably be the view that I’d put forward. But I’m not a judge, I’m the president. So the basic principle, though, is let’s treat everybody fairly and let’s treat everybody equally.”
Richard Socarides, a gay New York advocate who was pushing for Obama to speak out against the constitutionality of Prop 8, said the brief reiterates Obama’s views that laws against gay people should be subject to heightened scrutiny, but extends the president’s views further.
“It’s having the president of the United States say for the first time in a legal brief to the Supreme Court that gays and lesbians have historically been discriminated against, and that they’re entitled to heightened constitutional scrutiny, and that in this particular case, they’ve been discriminated against,” Socarides said. “I do think it was a big victory for the community, so I think it was an important milestone and definitely a step forward.”
In addition to filing the brief, the Justice Department has asked the Supreme Court to grant the solicitor general speaking time during the oral arguments in the Prop 8 case – a move that wasn’t publicly called for by LGBT advocates. The Supreme Court has yet to respond to the request.
And the moves in the Prop 8 case are coupled with the Obama administration’s active involvement in the litigation against the Defense of Marriage Act. In recent weeks, the administration has taken action elsewhere.
The Pentagon has started the process for implementing certain partner benefits for gay troops. That action comes in the wake of the inaugural address in which Obama issued a national call to advance the rights of “our gay brothers and sisters.”
John Aravosis, editor of AMERICAblog, said Obama deserves credit for filing the Prop 8 brief, but also criticized the White House for refusing to talk to about it before submitting it to the Supreme Court and filing it on the last possible day.
“Obviously, there was a hiccup in actually getting this brief,” Aravosis said. “It sort of appeared at the last minute. … Had they decided earlier to file a brief, they could have just gotten credit for it, but instead it became a controversy. They got credit at the end, but it still felt like it was begrudging support.”
In the wake of the filing, advocates say they continue to want more from Obama on LGBT issues and at the top of the list is signing an executive order barring federal contractors from discriminating against LGBT workers.
HRC’s Sainz was among those saying the directive is next on the plate for LGBT advocates in terms of administrative action.
“The non-discrimination executive order definitely remains our top priority, so that is where we turn our attention to next,” Sainz said.
Socarides said he wants Obama to sign the executive order, but also wants Obama to push ahead with the Employment Non-Discrimination Act amid promises from Sen. Tom Harkin (D-Iowa) and Senate Majority Leader Harry Reid (D-Nev.) to advance the legislation this year.
“It’s past time for the president to sign the executive order extending non-discrimination provisions to federal contractors,” Socarides said. “I’m hoping that he will do that soon, and at the same time, continue to fight and actually fight more aggressively for ENDA, for federal legislation, and I think that we can flip the House Democratic in the next mid-term election, we could have a pretty good chance of getting ENDA in two years.”
Other requests include the appointment of an openly LGBT Cabinet member and holding in abeyance the marriage-based green cards for married bi-national couples until the Supreme Court makes a final determination on DOMA.
Shin Inouye, a White House spokesperson, said Obama remains concerned about LGBT issues and will continue to work on them.
“President Obama is proud of the strong record he’s established on LGBT rights, and he looks forward to building on that progress in the months and years to come,” Inouye said.
Aravosis said predicting whether the administration will follow the brief with other actions that benefit the LGBT community is difficult — but that doesn’t mean advocates should stop pushing for them to happen.
“People who aren’t necessarily working on your issues don’t understand that one fix does not address every problem, and they get sort of annoyed sometimes when we keep asking for more,” Aravosis said. “We keep asking for more because we don’t have our equal rights yet. Once we get full and equal rights, then you can complain that we’re asking for too much, but we have less than everybody else right now.”
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.”
