News
WH responds to Fulton decision after odd team-up in daily briefing
After an unlikely team-up of reporters in the White House briefing room, the Biden administration responded to the ruling in City of Philadelphia v. Fulton.
A White House spokesperson responded to the the decision last week, which was narrowly decided in favor of a religious-affiliated foster care agency seeking to reject LGBTQ families, via email to the Washington Blade.
“Since day one, the Biden-Harris Administration has been committed to fighting for full equality for LGBTQ+ families, and we intend to make good on that commitment,” the spokesperson said. “It’s possible to comply with the Fulton decision while taking a strong stand against discrimination.”
The email response comes after White House Press Secretary Jen Psaki said incorrectly on Monday the administration had already issued a statement on the decision. The question was first posed to her in response to an inquiry from a conservative reporter, then again from the Washington Blade.
A reporter with the religious news service EWTN, in an apparent attempt to make Biden look bad on the issue of religious freedom, asked Psaki for a response to the decision.
“I think we had issued a reaction to it,” Psaki said, even though the White House has made no official statement. “I don’t have anything more to it, but I have to move on.”
The EWTN reporter later interjected in the middle of the briefing a question about the supposed inconsistency of President Biden’s Catholic faith and his support for abortion rights.
The Blade, after being called on by Psaki, pointed out the White House has issued no reaction to Fulton, which could have significant impact on the ability of LGBTQ couples to adopt and foster children. Asked whether Biden was briefed on the ruling, Psaki went back to a non-existent previous statement.
“I thought we had,” Psaki replied. “If not, I will get that to you and this gentlemen over here.”
The Supreme Court, in a rare unanimous decision, issued in Fulton a limited ruling for Catholic Social Services, which sought a First Amendment right to reject same-sex couples in foster care despite having signed a contract with the City of Philadelphia agreeing not to discriminate against LGBTQ people.
But instead of issuing a sweeping decision on the First Amendment, the Supreme Court issued a decision applying only to the context of the contract between Catholic Social Services and the City of Philadelphia. The ruling found the contract doesn’t survive the test of strict scrutiny under the First Amendment because it had exemption language not generally applicable.
Rehoboth Beach
BLUF leather social set for April 10 in Rehoboth
Attendees encouraged to wear appropriate gear
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.
District of Columbia
Celebrations of life planned for Sean Bartel
Two memorial events scheduled in D.C.
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.).
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
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.
