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House votes to defund trans military ban in rebuke to Trump

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Rep. Chris Pappas (D-N.H.), on left, and Rep. Jackie Speier (D-Calif.), second from right, join transgender service members in the Capitol Rotunda before the State of the Union Address on Feb. 5, 2019. (Washington Blade file photo by Michael Key)

The U.S. House delivered on Tuesday evening a stinging rebuke to President Trump’s transgender military ban, adopting an amendment that would bar the use of U.S. funds to pay for the policy.

The vote on the amendment, introduced by Reps. Anthony Brown (D-Md.) and Jackie Speier (D-Calif.), was 243-183 and largely along party lines. The measure was adopted as part of $983 billion minibus legislation for fiscal year 2020 seeking to fund the Defense Department, as well as labor, health and human services, education, state-foreign operations and energy and water development.

The amendment passed with bipartisan support. Nine Republicans — Reps. Justin Amash (Mich.), Mario Diaz-Balart (Fla.), Tom Emmer (Minn.), Brian Fitzpatrick (Pa.), Anthony Gonzalez (Ohio), Trey Hollingsworth (Ind.), Will Hurd (Texas), John Katko (N.Y.) and Tom Reed (N.Y.) — voted “yes” on the measure.

However, one Democrat voted against it: Rep. Colin Peterson (Minn).

Before April, transgender people could enlist and serve openly in the military thanks to a policy change during the Obama administration. But under the new Trump administration policy, a diagnosis of gender dysphoria disqualifies potential enlistees, and a diagnosis of gender dysphoria — with the exception of transgender people already serving in the armed forces — is cause for discharge.

It’s not the first time the House has voted to rebuked the transgender military ban. In March, the chamber approved a non-binding resolution introduced by Kennedy against the Trump administration policy.

After the House approves the underlying minibus legislation, it will head to the Senate, which has yet to take up any appropriations bills for fiscal year 2020.

Any version of the spending bill with a provision against the transgender military ban would likely not fare well in the Republican-controlled chamber. (But passage isn’t impossible. Ending a filibuster on budgetary legislation requires a majority vote in the Senate, unlike the 60 votes needed to proceed with policy legislation.)

The White House has already issued a veto threat over the minibus legislation, but for reasons wholly unrelated to the transgender military ban. In a White House Office of Management & Budget Statement of Administration Policy opposes the legislation, citing concerns about raising discretionary spending caps by more than $350 billion in fiscal years 2020 and 2021 and putting the U.S. government on track to add nearly $2 trillion in deficits over 10 years.

The vote on the Brown-Speier amendment will likely not be the last word from the House on the transgender military ban. Rep. Adam Smith (D-Wash.), chair of the House Armed Services Committee, said he expects a floor vote against the policy as the part of the fiscal year 2020 defense authorization bill, which is legislation separate from the appropriations bill.

Jennifer Levi, director of the transgender rights project at GLBTQ Legal Advocates & Defenders, commanded the House in a statement for approving the amendment against the transgender ban.

“A policy that turns away qualified, dedicated Americans who want to serve their country is baseless, discriminatory, and ultimately weakens our military,” Levi said.

Shannon Minter, legal director for the National Center for Lesbian Rights, referenced in a statement on the amendment polls showing a supermajority of the American public are against the policy.

“Military leaders don’t want this ban and the American people don’t want this ban — including a growing percentage of the president’s own party,” Minter said. “We won’t stop fighting in the courts to end the ban for good and we applaud members of Congress for continuing to fight for our transgender service members as well.”

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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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