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Obama signs LGBT-inclusive domestic violence bill

VAWA has non-discrimination rules, provides grants to LGBT programs

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President Obama signed into law an LGBT-inclusive reauthorization of the Violence Against Women Act (Blade file photo by Michael Key)

President Obama signed into law an LGBT-inclusive reauthorization of the Violence Against Women Act (Blade file photo by Michael Key)

Flanked by lawmakers and women’s rights advocates, President Obama on Thursday afternoon signed into law LGBT-inclusive legislation aimed at combating domestic violence and helping its victims.

Obama signed the reauthorization of the Violence Against Women Act during a ceremony in the auditorium of the Department of the Interior, concluding the signing by saying, “There you go, everybody!”

The law reauthorizes the 1994 anti-domestic violence measure written by Vice President Biden, which provides funding for the investigation and prosecution of violent crimes crimes against women as well as funding for victims assistance services.

Additionally, the reauthorization institutes new provisions to help more victims of domestic violence, such as those in the LGBT community and individuals in Native American tribes.

In remarks before the signing the bill, Obama emphasized the importance of VAWA reauthorization as a means to continue the protections put in place by the 1994 version of the law while making an oblique reference to the LGBT community.

“Because of this bill, we’ll keep in place all the protections and services that Joe described, and, as he said, we’ll expand them to cover even more women,” Obama said. “Because this is a country where everybody should be able to pursue their own measure of happiness and live their lives free from fear, no matter who you are, no matter who you love.”

At one point as Obama was offering his remarks someone in audience shouted, “We love you, Mr. President!” Obama replied, “I love you back!”

Among those joining Obama on stage was Sharon Stapel, executive director of the New York-based National Coalition of Anti-Violence Programs.

The president thanked her for her work on domestic violence issue as he noted the LGBT protections in the bill.

“Today is about all the Americans who face discrimination based on sexual orientation and gender identity when they seek help,” Obama said. “So I want to thank Sharon Stapel… for the work she’s doing–the great work she’s doing with the Anti-Violence Project. But Sharon and all the other advocates who are focused on this community, they can’t do it alone. And then now they won’t have to. That’s what today is all about.”

In a statement, Stapel said the VAWA reauthorization includes the LGBT community “in truly historic, unprecedented ways.”

“For the first time in history, federal law includes LGBT anti-discrimination provisions, a huge victory for the LGBT communities and a great step forward for LGBT inclusion in our nation’s laws,” she said. “By including LGBT people in VAWA, we can say to all survivors of violence: you matter and there is support for you.”

Also on stage with Obama was U.S. Attorney General Eric Holder as well as lawmakers like House Minority Leader Nancy Pelosi (D-Calif.,) Senate Judiciary Chair Patrick Leahy (D-Vt.) and House Minority Whip Steny Hoyer (D-Md.) Sen. Mike Crapo (R-Idaho,) Rep. Gwen Moore (D-Wis.), sponsors of the reauthorization measure, were onstage, as well as 1994 co-author Rep. John Conyers (D-Mich.)

Also standing behind Obama was Biden, who offered his own thoughts on the importance of the legislation.

“Those of you who have been around a while with me know that I quote my father all the time who literally would say, the greatest sin that could be committed, the cardinal sin of all sins was the abuse of power, and the ultimate abuse of power is for someone physically stronger and bigger to raise their hand and strike and beat someone else,” Biden said. “In most cases that tends to be a man striking a woman, or a man or woman striking a child. That’s the fundamental premise and the overarching reason why John Conyers and I and others started so many years ago to draft the legislation called the Violence Against Women Act.”

The VAWA reauthorization helps protect the LGBT community against domestic violence and supports it victims in three ways:

• First, the law requires all programs that receive funding under VAWA to provide services regardless of a person’s actual or perceived sexual orientation or gender identity.

• Second, the law explicitly includes the LGBT community in the largest VAWA grant program, the “STOP Grant Program,” which provides funding to providers who collaborate with prosecution and law enforcement officials to address domestic violence.

• Lastly, the bill sets up a grant program specifically aimed at providing services and outreach to underserved populations, including programs that provide care specifically for LGBT people.

The LGBT community continues to face issues with domestic violence along the same level as straight people. A 2012 report from the National Coalition of Anti-Violence Programs found 3,930 incidents of domestic violence in the LGBT and HIV/AIDS community in that year. Additionally, the report found that 61.6 percent of LGBT domestic violence victims were denied access to shelters — nearly a 20-point increase from the 44.6 percent in the previous year.

VAWA reauthorization is the second-ever piece of legislation signed into law with explicit pro-LGBT protections. The first legislation with both a reference to sexual orientation and gender identity was the hate crimes protections legislation Obama signed into law in 2009. The Hate Crimes Statistics Act, which collects data on hate crimes, was the first to mention sexual orientation, not gender identity.

The repeal of “Don’t Ask, Don’t Tell” lifted the ban on openly gay servicemembers from the books, but didn’t institute any pro-LGBT protections in its place.

A number of LGBT advocates were present in the auditorium and hailed the enactment of the legislation as yet another milestone for the advancement of LGBT rights.

David Stacey, deputy legislative director for the Human Rights Campaign, lauded VAWA reauthorization for its historical inclusion and its practical impact on LGBT people.

“From a movement perspective, this is a really an important step forward,” he said. “Then, of course, the substantive fact that more and more victims of domestic violence and sexual assault that are LGBT will have access to services when they need them when they are in crisis.”

Mara Keisling, executive director of the National Center for Transgender Equality, said VAWA will be particularly important for the transgender community, which faces high levels of domestic violence as it does with other kinds of violence.

“It really does some really important things for victims of violence and trans people tend to overrepresented in that as victims of that,” she said. “It’s a really important bill on its own, but politically it’s also the second bill to become a law with LGBT people in it, and there was relatively little problem with the LGBT components.”

VAWA reauthorization is also significant because it marks the first time the House under Speaker John Boehner (R-Ohio) allowed a bill with pro-LGBT language to pass.

However, House Republicans only allowed the bill to pass after a version without LGBT language failed on the House floor. Then, they took up the LGBT-inclusive bill already passed by the Senate.

Julie Kruse, policy director of Immigration Equality, said she’s “thrilled” with the LGBT-inclusion in VAWA reauthorization and hopes that passage in the House bodes well for passage of immigration reform legislation for bi-national same-sex couples.

“We’re thrilled at how much support the president gave to LGBT inclusion, and this is where we are,” she said. “We think it’s a very awesome precedent for the comprehensive immigration reform that’s coming up.”

But Stacey cautioned against giving House Republicans credit for passage of the domestic violence legislation.

“There still was very significant Republican opposition in the House, however, the fact that at the end of the day, they let a bill go that had every Democrat voting for it and a large number of Republicans is a good step forward,” he said. “I think the really significant side is the Senate, where we had a majority of the Republican conference voting for this bill with the sexual orientation and gender identity provisions in it.”

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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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