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Immigration Equality chief to depart at year’s end

Eight-year career culminated with Supreme Court ruling helping gay bi-national couples

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Rachel Tiven, Immigration Equality, gay news, Washington Blade
Rachel Tiven, Immigration Equality, gay news, Washington Blade

Executive Director of Immigration Equality Rachel Tiven will depart the organization at the end of this year. (Blade file photo by Michael Key).

Rachel Tiven, executive director of Immigration Equality, announced on Tuesday that she will depart the organization effective Dec. 31 after eight years there. The resignation comes just more than one month after the Supreme Court ruling striking down the Defense of Marriage Act.

During an interview with the Washington Blade on Tuesday, Tiven said her decision to leave was independent of the Supreme Court’s ruling and something she had planned for some time.

“I felt for a long time that we were going to win this year for LGBT families and that would add to our past wins on lifting the HIV travel ban and our success at building LGBT asylum as a field,” Tiven said. “Honestly, if we had lost, I think the organization would have deserved new leadership who could bring a new vision for how to win.”

Tiven said the board of directors is launching a search to find the next executive director who has a vision for where Immigration Equality will head next, which she predicted would include expanded asylum work and ending unfair practices against LGBT immigrants in detention.

“I wanted to announce a nice, long time in advance so the board would have time to search and I’m sure they’re going to find someone great,” Tiven said. “It’s bittersweet because I really love my work, but I think it’s important to give the organization an opportunity to really think about new leadership and new vision.”

Following her departure, Tiven’s  immediate plans are personal. She plans to travel to Israel with family for a seven-month sabbatical so her kids can “have a different experience” for a while.

But in the months remaining with Immigration Equality, Tiven said she intends to focus on the work her organization has previously pursued. That includes additional interest in LGBT asylum seekers in Russia coming to the United States amid controversy over the country’s anti-gay propaganda law, especially because these applications generally face additional complications.

“We project our total inquiries from Russia to essentially double this year over last year,” Tiven said. “Interestingly, one of things that we’re seeing is that cases for LGBT asylum seekers from Russia are ‘referred’ — which is an immigration asylum law word that means not granted in the first instance, but rather referred for what is effectively an appeal in immigration court — much more often than cases in other countries. So, in a nutshell, it’s harder for Russians to win asylum in the U.S.”

Other priorities are helping to ensure Congress passes comprehensive immigration reform legislation and overseeing implementation in the post-DOMA world to ensure married bi-national same-sex couples, who were previously barred from applying for I-130 marriage-based green cards, have access to them.

“We hear every day from couples who are grappling with lots of different kinds of snafus,” Tiven said. “It’s challenging for people to navigate what is a very, very, very complicated system. There are couples who have been waiting for years, some of them for decades for their green card and they can’t get them soon enough.”

In the past year, one of Immigration Equality’s most prominent efforts was the pursuit of the inclusion of language along the lines of the Uniting American Families Act as part of comprehensive immigration reform. In May, Democrats working on the bill in the Senate Judiciary Committee refused to include the provision after Republicans voiced opposition, leaving the Supreme Court as the agency to take action on behalf of gay bi-national couples by striking down the Defense of Marriage Act.

After that vote, Tiven said the decision not to include gay couples as part of the larger bill is still a memory tinged with sadness.

“The Senate vote was a real low point in the immigration debate in the Senate Judiciary Committee, which was otherwise a pretty inspiring show of support for future Americans and for the families who want to be full participants in our society,” Tiven said. “It really showed that as far as we’ve come, in a year in which we saw lots of progress, there is still a nasty anti-gay strand that is alive and well in American politics.”

Asked whether the court ruling against DOMA makes the Senate committee’s decision not to include gay couples in the immigration bill any more forgivable, Tiven replied succinctly, “No.”

Andrew Lane, a prominent New York-based gay donor, said he’s “entirely unsurprised” that Tiven is leaving Immigration Equality and said it’s predicated on the Senate’s failure to include gay couples as part of immigration reform.

“Her stewardship of IE, and her fundraising for the organization, were premised on permanent partners,” Lane said. “So when the Senate Judiciary Committee threw us under the bus, that landed on her shores — a profound failure. My involvement in queer immigration politics is limited, but I’m very clear about the degree to which IE marginalized itself in the most important reform conversations. And then Windsor happened, which rendered the controversy — and IE’s non-asylum work — moot.”

But members of Immigration Equality’s board said upon news of Tiven’s departure they’re happy with her work. In a statement, Joseph Landau, the organization’s board chair, credited her “wisdom, leadership and expertise” as the reason for Immigration Equality’s “unparalleled track record.”

“The board couldn’t be more proud of her success, which led to a series of historic victories for LGBT immigrants,” Landau said. “In addition, her ability to grow the organization’s budget to meet our expanding profile, hire incredible staff members, and manage two offices doing ground-breaking legal aid and policy work has made Immigration Equality one of the most respected organizations in the movement.”

Prerna Lal, another Immigration Equality board member and lesbian DREAM activist, told the Washington Blade news of Tiven’s departure was a “great loss” for the organization.

“Rachel has been at the forefront of so many great efforts of LGBT immigration and our asylum work as well as bi-national couples work,” Lal said. “That means she’s really been a tour de force in the immigration rights world as well as the LGBT world. It’s a loss for the organization, I feel like. I don’t know who’ll fill her shoes, but we’ll try very hard to do 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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