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Commerce Dept. omits, restores LGBT people in non-discrimination policy

Trump admin pledges to restore missing protections in future update

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Commerce Secretary Wilbur Ross omitted LGBT workers from his EEO policy statement. (Photo via wikimedia)

Commerce Secretary Wilbur Ross issued a new non-discrimination policy this week omitting explicit assurances LGBT workers won’t face discrimination in his department, prompting an outcry that resulted in an updated version of the document making clear the prohibition on anti-LGBT discrimination.

The 2017 Secretarial Policy Statement on Equal Employment Opportunity initially found on the Commerce Department’s website declares it won’t tolerate discrimination on the basis of race, color, religion, sex, national origin, age or disability. Omitted from the policy: sexual orientation and gender identity — two categories that were included in the policy under the Obama administration.

According to a report in Buzzfeed, the Ross policy statement was circulated among department staff on Thursday. The new policy statement was posted in the last 10 days, Buzzfeed reports, because an archived view of the website from June 6 reveals the 2016 LGBT-inclusive statement was included. The Commerce Department employs nearly 47,000 workers, according to its website.

David Stacy, the Human Rights Campaign’s government affairs director, said in a statement the omission represents “the Trump/Pence Administration actively seeking to undermine rights for LGBTQ people.”

“The Commerce Department’s EEO statement is meant to inform workers and applicants about their legal protections,” Stacy said. “Cutting specific mention of sexual orientation and gender identity protections is a slap in the face to LGBTQ federal employees who proudly serve at the Department of Commerce and sadly signals that this administration does not value them.”

After initial media reports and outcry over the omission, the Commerce Department sent out a new version of the non-discrimination policy Friday with sexual orientation and gender identity specifically included.

A Commerce Department spokesperson said the omission was “never intended to change the policy or exclude any protected categories” and insisted the department doesn’t discriminate against LGBT people.

“I hope we can help people understand that the impression this whole situation gave people is really not who Secretary Ross is,” the spokesperson said. “As soon as this was brought to his attention, he was appalled and directed immediate action be taken to rectify any misconceptions. From his first day at Commerce, Secretary Ross has made clear that he will tolerate no bias or discrimination of any sort.”

Even if the Commerce Department no longer prohibited discrimination on the basis of sexual orientation and gender identity, LGBT workers there would still have protections under the executive order signed by President Clinton barring anti-gay discrimination in the federal workforce, which President Obama expanded to include transgender people.

LGBT workers at the Commerce Department may also find restitution for claims of discrimination under Title VII of the Civil Rights of 1964. The law contains no explicit prohibition on anti-LGBT discrimination, but the U.S. Equal Employment Opportunity Commission and a growing number of courts have determined the prohibition on sex discrimination under the law applies to LGBT people.

House Minority Whip Steny Hoyer (D-Md.) decried the Commerce Department omission as “appalling” in a statement and was among those who called on Ross to reinstate sexual orientation and gender identity in the policy.

“While LGBT employees of the Department remain protected under the government-wide policy instituted by former President Obama, this decision by Secretary Ross sends a signal that LGBT Americans are not welcome at the department he leads,” Hoyer said. “In addition to the injustice of his move, the Secretary ought to reflect on the role of the LGBT community in our economy and the importance of LGBT businesspeople in creating jobs and expanding trade to benefit our country and its workers.”

Joel Kasnetz, a spokesperson for the Democratic National Committee, also criticized the Trump administration for the LGBT omission and said the restoration of the language is an insufficient remedy.

“You can’t un-ring a bell,” Kasnetz said. “By trying to erase LGBTQ people from the Commerce Department’s nondiscrimination policy, the Trump administration sent a crystal clear message to LGBTQ Americans: ‘You’re not welcome here.’”

The Commerce Department didn’t respond to a follow-up inquiry on why sexual orientation and gender identity were excluded from the policy in the first place.

A White House official deferred to the Commerce Department statement in response to inquiries on whether President Trump was OK with the omission and whether it was the result of an administration-wide directive. In January, the White House said Trump would leave in place Obama’s executive order barring anti-LGBT workplace discrimination among federal contractors.

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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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