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Indiana won’t see anti-gay amendment on 2014 ballot

Senate considers no amendments to House-passed version of bill

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Indiana State House, gay news, Washington Blade

Indiana State House (Photo by Jason82; courtesy of Wikimedia Commons)

The Indiana Senate adjourned on Thursday without considering any amendments on a proposed measure that would ban same-sex marriage in the state — a development LGBT advocates say is positive because it means the measure won’t come before voters in 2014.

Without any discussion, the Senate went through second reading of the measure banning same-sex marriage in Indiana, which had already passed the state House of Representatives. No one during that time offered any amendments to the measure.

Prior to Senate consideration, the House amended the proposed legislation before passing it, removing a sentence that banned civil unions and a potential block of workplace benefits to same-sex couples. The second reading offered the Senate an opportunity to restore that language.

Because no amendments were offered, LGBT advocates are claiming victory, saying the measure won’t come before voters this fall.

Freedom Indiana campaign manager Megan Robertson said in a statement the development on Thursday was “a huge victory.”

“Six months ago, if you’d said lawmakers would refuse to put this issue on the ballot in 2014 by stripping out the deeply flawed second sentence, I’d have said there’s no way,” Robertson said. “What happened today at the Statehouse is a testament to the tens of thousands of Hoosiers who have shared their stories with lawmakers and with the public to show the harm this amendment would do to their families and our state. It’s clear that lawmakers listened.”

Evan Wolfson, founder and president of Freedom to Marry, echoed the sense that the developments on Thursday were cause for celebration.

“Today’s action is a welcome step back from the brink, ensuring that Indiana’s families will not be subjected to a harsh campaign that would add cruel and unconstitutional language to Indiana’s state constitution this November,” Wolfson said. “This reflects the growing momentum for the freedom to marry the person you love, and a repudiation of the effort to strip gay Hoosiers and their families of legal protections and respect.”

For a state constitutional amendment to appear before Indiana voters at the ballot, lawmakers must first approve it in two consecutive legislative sessions — with the exact same language. The Indiana Legislature had already approved the language with the original language in 2011. Different language means it won’t appear on the 2014 ballot. The legislature will have to approve it again with that language next session for it to appear on the 2016 ballot.

Marriage equality is already illegal in Indiana by statute, but the proposed amendment, HJR-3, would make the ban part of the state constitution.

A number of prominent organizations within Indiana were against the amendment, including the Indiana Chamber of Commerce and the Indianapolis-based National Collegiate Athletic Association. Mary Cheney, the lesbian daughter of former Vice President Dick Cheney, voiced opposition to the measure at a Freedom Indiana fundraiser in December shortly after her sister, Liz Cheney, stated opposition to same-sex marriage as a U.S. Senate candidate.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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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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