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Senate blocks vote on Gillibrand amendment to protect trans troops

Republican leadership blocks measure opposed by Trump administration

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Kirsten Gillibrand, New York, Democratic Party, United States Senate, gay news, Washington Blade, Every Child Deserves a Family Act, Martin Gill, adoption, foster care, Ileana Ros-Lehtinen, Republican Party, Florida, United States House of Representatives

The amendment Sen. Kirsten Gillibrand (D-N.Y.) filed against Trump’s transgender military ban won’t get a vote.
(Washington Blade file photo by Damien Salas)

Despite bipartisan support, an amendment proposed by Sen. Kirsten Gillibrand (D-N.Y.) that would have undermined President Trump’s ban on transgender military service won’t get a vote in the U.S. Senate, the Washington Blade has learned.

A Senate Democratic leadership aide said the Senate didn’t have unanimous consent and Senate Majority Leader Mitch McConnell (R-Ky.) was unwilling to file cloture to force a vote. Gillibrand proposed the amendment, which was co-sponsored by Sen. Susan Collins (R-Maine), as part of the fiscal year 2018 defense authorization bill.

The amendment, which sought to protect transgender troops in the aftermath of Trump’s directive barring them from the U.S. armed forces, had three parts.

It would have expressed the sense of Congress that qualified individuals should be able to serve in the armed forces; prohibited the military from discharging service members solely for being transgender; and codified the review Mattis established in June to determine whether openly transgender people can enlist in the armed forces. The amendment called for a report to Congress on that study by Feb. 21.

The amendment was carefully crafted to obtain support from Republicans and wouldn’t have eliminated every aspect of Trump’s transgender military ban, such as his ban on U.S. military payment for gender reassignment survey. Nonetheless, the Trump administration opposed the amendment, insisting the process Mattis set up at the Pentagon is sufficient to address the issue.

Chad Griffin, president of the Human Rights Campaign, took to Twitter to condemn the Senate for blocking a vote on the amendment, placing the blame squarely on Republican leadership.

Also condemning Senate Republicans for blocking a vote on the amendment was Democratic National Committee spokesperson Joel Kasnetz.

“Last night, Republicans picked bigotry over security, and cowardice over taking a stand,” Kasnetz said. “By squashing even this incremental attempt to defend transgender members of the military against Trump’s offensive executive order, Mitch McConnell and Senate Republican leadership are destroying lives and disrespecting the people who keep them safe.”

Even though the amendment was thwarted, litigation continues seeking to undo Trump’s transgender military ban. At least four federal lawsuits were filed against the policy.

The American Civil Liberties Union, which filed a lawsuit in federal court in Maryland, and Lambda Legal and OutServe-SLDN, which filed a lawsuit in Washington State, called Thursday for injunction from those courts blocking enforcement of the ban as litigation moves forward. Another request from an injunction in the lawsuit filed in federal court in D.C. by the National Center for Lesbian Rights and GLBTQ Advocates & Defenders remains outstanding.

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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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