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Puerto Rico Senate approves non-discrimination bill

Passage seen as turning point in island’s LGBT rights movement

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Pedro Julio Serrano, NGLTF, National Gay and Lesbian Task Force, Puerto Rico, San Juan, LGBT equality, adoption, gay news, Washington Blade
Pedro Julio Serrano, NGLTF, National Gay and Lesbian Task Force, Puerto Rico, San Juan, LGBT equality, adoption, gay news, Washington Blade

Pedro Julio Serrano of the National Gay and Lesbian Task Force testifies in support of a Puerto Rico adoption bill on Friday, May 17. (Washington Blade photo by Michael K. Lavers)

SAN JUAN, Puerto Rico—LGBT rights advocates here last week celebrated the passage of a sweeping bill that would ban discrimination based on sexual orientation and gender identity and expression in the U.S. territory.

The 15-11 vote in the Puerto Rico Senate on May 16 took place after lawmakers for several hours debated Senate Bill 238 that Sen. Ramón Nieves Pérez of San Juan introduced in January.

“The country, you and I are sick and tired of the marginalization,” Sen. Mari Tere González López of Mayagüez said.

Sen. Thomas Rivera Schatz of San Juan is among those who spoke against the bill.

“This Senate speaks of tolerance but discriminates against those who don’t have the same political ideology,” he tweeted during the debate.

A triumphant Pedro Julio Serrano of the National Gay and Lesbian Task Force greeted dozens of LGBT rights advocates and other supporters who had gathered outside the Capitol after the vote. Singer Ricky Martin and New York City Council Speaker Christine Quinn are among those who also applauded SB 238’s passage.

“We are celebrating this victory,” Serrano told the Washington Blade outside the Capitol, noting Rivera has previously referred to him as a “faggot.” “The people are celebrating with us. It is an extraordinary step forward.”

Senators approved SB 238 three days after San Juan Mayor Carmen Yulín Cruz issued two executive orders that banned discrimination against the city’s LGBT municipal employees and mandated the Puerto Rican capital’s police department to equally investigate domestic violence cases regardless of the alleged victim’s sexual orientation or gender identity. She was also inside the Senate chamber when lawmakers approved the measure.

The historic vote took place less than four years after the November 2009 murder of gay teenager Jorge Steven López Mercado sent shockwaves across Puerto Rico.

Serrano, Quinn and others repeatedly criticized then-Gov. Luís Fortuño for his failure to publicly speak out against rampant anti-LGBT violence on the island in the months after the crime. They also noted Puerto Rican prosecutors remained reluctant to convict anyone under the territory’s hate crimes law that includes sexual orientation and gender identity and expression.

The Puerto Rico Senate in late 2011 approved a proposal that would have eliminated LGBT-specific protections from the aforementioned statute.

The Puerto Rico Supreme Court in February narrowly upheld the island’s ban on gay second parent adoptions.

Dr. Carmen Milagros Vélez Vega, whose partner of 25 years, Dr. Ángeles Acosta Rodríguez, sought to adopt their 12-year-old daughter she conceived through in vitro fertilization, on May 17 testified in support of a bill that González introduced earlier this year that would extend second-parent adoption rights to gays and lesbians on the island.

Vega received a standing ovation from Senate Bill 437 supporters who attended the Senate Judiciary, Security and Veterans Committee hearing after she finished her testimony.

“Us three are a Puerto Rican family, one among many,” she said as Acosta and their daughter, Juliana María Acosta Vélez Vega, sat next to her. “We are here, not for the sake of receiving special treatment, nor to seek a privilege, but to present ourselves as citizens and daughters of this country and to ask for that which is granted to Puerto Rican families and children, the right to a family and the protections that that includes.”

The SB 437 hearing took place hours before thousands of people took part in an LGBT rights march from La Fortaleza, the governor’s official residence in Old San Juan, to the Capitol that coincided with the annual International Day Against Homophobia.

Yulín, who unfurled a gay Pride flag from the balcony of City Hall with Nieves during the march, spoke to marchers from the Capitol steps as she stood with members of the Butterflies Trans Association, a transgender advocacy group, while wearing a white headband that said “equity.”

“I say from the bottom of my heart to those who are listening to us — all of Puerto Rico; we are all equal,” she said.

Optimism despite death threats

FBI agents on May 17 arrested Joseph Joel Morales Serrano at his San Juan home for allegedly threatening to kill Serrano at the IDAHO march in a tweet that referenced the Boston Marathon bombings he posted earlier this month.

The Primera Hora newspaper reported Serrano had been planning to attend the march, but he returned to New York City where he lives to accept an award from the Latino Commission on AIDS. His mother, Alicia Burgos, spoke on his behalf.

“We are marching against homophobia,” she said.

Eduardo, who traveled to San Juan from Ponce on Puerto Rico’s southern coast with a group of nearly 150 people, expressed a similar message.

“We are here because we want equality,” Eduardo told the Blade. “We want the same equality that everybody else has.”

The Puerto Rico House of Representatives had been expected to vote on the non-discrimination and the gay second-parent adoption bills on Thursday. A third bill introduced in the chamber in January would add sexual orientation and gender identity and expression to the island’s anti-domestic violence laws.

“It’s just about basic human rights,” Bayamón resident Héctor Maldonado told the Blade as he waived a rainbow flag across the street from the Capitol before senators approved SB 238.

Gov. Alejandro García Padilla supports both the non-discrimination and adoption measures.

“Puerto Rico is on the brink of history,” Serrano said, noting polls that indicate the majority of the island’s residents support expanded rights for LGBT Puerto Ricans. “LGBT rights are advancing and we will have two bills become law in the next few days.”

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The White House

EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad

International Human Rights Defense Act also calls for permanent special envoy

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The U.S. Embassy in El Salvador marks Pride in 2023. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.

A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”

 “LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”

Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.

The Trump-Vance White House has not named anyone to the position.

Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.

“It is deliberate erasure,” said Stern in August after the State Department released the report.

The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.

“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”

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US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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Federal Government

Federal government reopens

Shutdown lasted 43 days.

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(Washington Blade photo by Michael Key)

President Donald Trump on Wednesday signed a bill that reopens the federal government.

Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.

The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.

These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.

None of the senators who supported the deal are up for reelection.

King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)

The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.

This story is being updated as more information becomes available.

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