Connect with us

National

In seesaw experience, LGBTQ fed’l workers enjoy new openness under Biden

Pride Month celebrated after neglect in Trump years

Published

on

Anthony Musa, chair of Pride in Federal Service, said the change for LGBTQ federal workers is dramatic.

With Pride month underway and the coronavirus pandemic getting under control, LGBTQ federal workers are expressing a new sense of ebullience about being able to celebrate openly this season after a more muted experience during the Trump administration.

The new excitement about the openness is the latest chapter for LGBTQ federal employees, who have a unique seesaw experience of having alternating periods of support mixed with periods when the leadership is disengaged or even hostile.

Anthony Musa, chair of Pride in Federal Service for LGBTQ federal employees, said the change in feeling to “a sense of acceptance” is in no small part the result of outreach from the top in the Biden administration.

“There is a strong push by the White House, especially lately in the past couple of weeks to really reach out directly to LGBTQ+ federal employees and ensure that Pride month is celebrated and that employees are supported by both the administration and the political appointees within the individual departments and agencies,” Musa said.

One example of the Biden administration reaching out, Musa said, is the White House Office of Public Engagement coming to affinity groups for LGBTQ federal workers and offering assistance for promotion and coordination of Pride celebrations.

It’s not just Pride events. Musa said the U.S. Office of Personnel Management has been conducting periodic calls about the Federal Health Benefits Program to highlight opportunities for LGBTQ families and health care for transgender and non-binary people.

The Biden administration’s outreach to LGBTQ employees is visible in other ways. For the first time, Energy Secretary Jennifer Granholm last week raised the Progress Pride flag outside of her department’s headquarters in D.C. in an event recognizing Pride month.

The sense of jubilation outside the Department of Energy was palpable among its LGBTQ employees, who were able to openly celebrate Pride at an official event with a top Biden administration official.

Helping Granholm raise the flag was Tarak Shah, chief of staff for the energy secretary and the first openly gay person to occupy that role.

Shah said via email to the Washington Blade he considers the experience of raising the Pride flag at the Department of Energy “a moment that is incredibly personally meaningful – and one I don’t take for granted.”

“For much of our nation’s history, our institutions have held LGBTQ+ people back,” Shah said. “But, when we raised the flag over DOE this month, we symbolically lifted up our people up, and set an example for the energy and scientific communities around the world. I am proud to be part of an administration that says clearly ‘we have your back’ and for an energy secretary who is a champion for LGBTQ people everywhere.”

The State Department is experiencing a similar change. After the Trump administration in its final years prohibited U.S. embassies from flying the Pride flag on the official pole, the State Department reversed the policy, allowing the rainbow flag to be flown alongside the U.S. flag.

A gay civil service officer at the State Department, who spoke on condition of anonymity because he wasn’t authorized to speak with the media, said the new policy at U.S. embassies as well as Pride proclamations from Biden and Secretary of State Anthony Blinken are having a positive impact.

“One thing I’ve been noticing is within the GLIFAA group on Facebook, people sharing photos of our embassies and consulates around the world with the [Pride] flag flying on the same pole with the U.S. flag,” the officer said. “Those kinds of signals alone I think are making people feel like it’s just a completely different world instead of months ago for us. You know where we were.”

The new flag policy, the officer said, is consistent with a broader change at the State Department of leadership making diversity writ large a priority, which includes having a diversity and equity official in place who reports directly to the secretary of state.

In contrast, the Trump administration’s approach to LGBTQ employees was largely hands-off — if not a climate of hostility. LGBTQ people who continued to work in the federal government didn’t have the same engagement from the top down and contended with policies frustrating plans for Pride activities.

One example of the Trump administration being counterproductive was the executive order former President Trump signed prohibiting critical race theory in diversity training for federal employees. Because the directive required review of all diversity engagement — even if it didn’t include critical race theory — the executive order hampered organization among LGBTQ employees.

In fact, last year Pride in Federal Service was forced to cancel a summit for LGBTQ federal employees because Trump’s executive order on critical race theory made things too complicated.

Musa said the Trump administration offered “absolutely no outreach or support” for engagement with federal government employees.

“We were offering some training with OPM on diversity and inclusion that we had to suspend because it fit within those guidelines of what was restricted,” Musa said. “So it was difficult to say the least.”

But the change in atmosphere isn’t the result of the change in administration alone. LGBTQ workers are also feeling a sense of renewal with the coronavirus in the rear-window as domestic vaccinations continue to increase and events cancelled in the past year are happening again.

One event in honor of Pride month cancelled last year due to coronavirus, but now happening again, is a celebration at the Pentagon for LGBTQ service members and civilian employees. Although the events at the Defense Department had taken place annually since “Don’t Ask, Don’t Tell” repeal was certified in 2011, coronavirus broke the annual streak of that new tradition.

Rudy Coots, president of the LGBTQ employee group DOD Pride, said LGBTQ federal employees are able to reconnect in ways that haven’t been possible for a long time thanks to the lifting of coronavirus restrictions.

“I would say that we’re excited to be able to celebrate Pride month this year in person since COVID-19 prevented us from having an event last year,” Coots said. “So we’re very excited about that, and we’re certainly in the department very excited that the secretary of defense will honor us with remarks as our keynote speaker.”

Also in contrast to the previous administration at the Pentagon event for Pride month is the presence at the event of a Cabinet-level official. Defense Secretary Lloyd Austin is set to deliver the keynote address, a stark contrast to the Trump years when Pride events within federal agencies were more limited and didn’t include Cabinet-level officials.

With such a distinction between one administration and the next, LGBTQ workers in the federal government acknowledge they face a unique seesaw effect — and the on-and-off experience takes a toll.

In recent years, the neglect and outright hostility during the George W. Bush administration changed when former President Obama took office, but the pendulum swung the other way during the Trump years, and now the situation for LGBTQ federal workers has changed once again with Biden in office.

Musa said the back-and-forth isn’t necessarily as difficult for workers who live in D.C., which has robust legal protections against anti-LGBTQ discrimination, but the situation is different for federal employees in other areas.

“We are a small minority of federal employees; the majority of federal employees work outside the D.C. region,” Musa said. “And I think that really having that back and forth seesaw type thing where things are either really good depending on what administration’s in charge or really bad, is particularly aggravating.”

Musa added the stress of the back-and-forth would be alleviated if a federal law expanding the prohibitions on anti-LGBTQ discrimination, such as the Equality Act, were in place. The bill, however, continues to languish in Congress and is all but dead.

Despite the on-and-off track record, LGBTQ federal workers continue to hold out hope of greater stability in the near future and say as time passes the changes made for a welcoming work environment have become more and more durable.

The gay civil service officer at the State Department said the momentum is toward greater LGBTQ inclusion within the federal workforce and “over time, it will be harder and harder to walk back these changes,” pointing to a few bright spots in the Trump administration.

“They yanked the flag and some other stuff, but they were still fighting to get same-sex spouses accredited and countries that don’t allow you to accredit your spouse,” the officer said. “And so a lot of the things that had changed actually under the Obama administration did remain in place.”

The officer conceded, however, LGBTQ public advocacy in the State Department on behalf of the community, both abroad and within its workforce “really fell away, and then obviously there were specific cases of political attacks against LGBTQ staff that are well documented.”

Musa predicted the situation with LGBTQ employees would evolve to a place of continued support regardless of the administration in power, which he said would stem from civil service leadership’s more consistent support as opposed to political appointees.

“That’s sort of my hope,” Musa concluded. “Worst case scenario we end up back in the same way we were in late 2020, but hopefully we don’t go back to that.”

CORRECTION: An initial version of this article misspelled the name of Rudy Coots. The Blade regrets the error.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

Published

on

(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.

Continue Reading

National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

Published

on

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.

Continue Reading

Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

Published

on

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.”

Continue Reading

Popular