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State Department to issue gender-neutral passports

Dana Zzyym filed federal lawsuit after ‘X’ gender marker request denied

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The State Department has announced it will begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Secretary of State Antony Blinken on Wednesday in a statement that announced the new policy said the State Department “will be taking further steps toward ensuring the fair treatment of LGBTQI+ U.S. citizens, regardless of their gender or sex, by beginning the process of updating our procedures for the issuance of U.S. Passports and Consular Reports of Birth Abroad (CRBA).”

Blinken noted the State Department will immediately update its procedures “to allow applicants to self-select their gender as ‘M’ or ‘F’ and will no longer require medical certification if an applicant’s self-selected gender does not match the gender on their other citizenship or identity documents.” The State Department, according to Blinken, has also begun the process to allow people who identify as non-binary, intersex or gender non-conforming to choose a gender-neutral gender marker for their passports and CRBAs.

Blinken did not say when the process will be completed.

“The process of adding a gender marker for non-binary, intersex and gender non-conforming persons to these documents is technologically complex and will take time for extensive systems updates,” said Blinken. “The department will also be working closely with its interagency partners to ensure as smooth a travel experience as possible for the passport holder.”

Blinken announced the new policy less than a week after Deputy Secretary of State Wendy Sherman and Chief Diversity and Inclusion Officer Gina Abercrombie-Winstanley helped raise the Progress Pride flag at the State Department on Friday.

Dana Zzyym filed a federal lawsuit against the State Department after it denied their passport application. Zzyym, an intersex U.S. Navy veteran who also identifies as non-binary, had sought to list their sex as “X.”

Lambda Legal represents Zzyym.

“I’ve been at this fight for so long,” said Zzyym in a press release that Lambda Legal released on Wednesday. “I am optimistic that, with the incredible support and work of Lambda Legal and the Intersex Campaign for Equality, I will soon receive an accurate passport. One that reflects who I truly am; and that will allow for me to present in person at the several international conferences to which I’ve been invited to present on issues confronting intersex people.”

Dana Alix Zzyym, gay news, Washington Blade
Dana Zzyym (Photo courtesy of Lambda Legal)

Lambda Legal Counsel Paul D. Castillo in the same press release also welcomed the State Department’s announcement.

“The update to the State Department’s policy has been a long time coming and is prompted in large part by three separate court rulings in Dana’s favor,” said Castillo. “Dana showed incredible courage and perseverance throughout, and it is rewarding now to see the light at the end of the tunnel.”

“With today’s announcement, countless intersex, non-binary and other gender-diverse United States passport applicants will at last get the accurate passports they need,” added Castillo. “As important, self-certification of their identity removes unnecessary barriers and makes accurate IDs accessible to more people, reducing discrimination, harassment and violence aimed at transgender people.”

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Congress

Anti-LGBTQ provisions removed from NDAA

New version omits restriction on gender affirming care, book and drag bans

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U.S. Capitol Building (Washington Blade photo by Michael Key)

Anti-LGBTQ provisions submitted by House Republicans to the National Defense Authorization Act (NDAA) have been removed from the defense spending bill, triggering outrage from conservative lawmakers and praise from LGBTQ groups.

The conference version of the bill was released on Thursday.

This week saw the revocation of two measures targeting gender affirming care along with the book ban and drag ban. Language stipulating the list of approved flags that can be flown at military bases was amended such that more flags can be added on a discretionary basis.

“MAGA members of Congress tried to hijack the National Defense Authorization Act to advance their anti-LGBTQ+ agenda, attempting to riddle it with discriminatory riders,” Human Rights Campaign National Press Secretary Brandon Wolf said in a statement to the Washington Blade.

His statement continued, “They failed and equality won. Anti-LGBTQ+ provisions, including efforts to restrict access to gender affirming care, were rejected. The anti-LGBTQ+ agenda continues to be deeply unpopular across the country and a failing political strategy.”

Wolf thanked U.S. Sen. Jack Reed (D-R.I.) and U.S. Rep. Adam Smith (D-Wash.) for “defending equality and defeating attacks on the community.”

Pledging to vote “no” on the bill, Republican U.S. Rep. Marjorie Taylor Greene (Ga.) said in a post on X, “I was appointed to the NDAA conference committee but NEVER got to work on the final version of the NDAA bc they made the deal behind closed doors and here are the horrible results.”

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Congress

New bill would protect LGBTQ-owned businesses from lending discrimination

Legislation introduced by Sens. Padilla, Gillibrand and Rep. Torres

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

A bicameral bill introduced on Wednesday by U.S. Sens. Alex Padilla (D-Calif.) and Kirsten Gillibrand (D-N.Y.), along with U.S. Rep. Ritchie Torres (D-N.Y.) would require financial institutions to collect data on access to credit and capital by LGBTQ-owned businesses.

The legislation would thereby allow regulators to better identify and potentially remedy instances of anti-LGBTQ discrimination in these areas.

CNBC reported in June that a study by the Movement Advancement Project found LGBTQ-owned businesses encountered more rejections than non-LGBTQ-owned businesses that applied for funding, amid a tightening of lending standards across the board.

Specifically, the bill would “clarify that Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) requires financial institutions to collect the self-identified sexual orientation and gender identity of the principal owners of small businesses, in addition to their sex, race, and ethnicity,” according to a press release by Padilla’s office.

The California senator said, “With anti-LGBTQ+ legislation and hate crimes on the rise, LGBTQ+ business owners continue to face persistent and unjust barriers to financial success,” adding that “LGBTQ+-owned small businesses are a cornerstone of local economies, and they deserve equitable resources to help them grow and thrive.”

Padilla’s press release notes the legislation “would also add a definition for businesses owned by lesbian, gay, bisexual, transgender, queer, and intersex individuals to the ECOA statute.”

Additionally, “The legislation also includes a Sense of Congress confirming that sexual orientation and gender identity are already covered under the ECOA (including the current data collection requirements)” while clarifying “that the sex, sexual orientation, and gender identity of the principal owners of a business should be collected as three separate forms of information.”

The Congressional Equality Caucus, Ali Forney Center, Center for American Progress, Destination Tomorrow, Drag Out The Vote, Human Rights Campaign, Immigration Equality Action Fund, InterAct, and New Pride Agenda have backed the bill.

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Politics

Endocrine Society corrects misinformation about gender affirming care at GOP debate

Presidential candidates clashed in Ala. on Wednesday.

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Florida Gov. Ron DeSantis (R) (Screen capture/NBC News)

The Endocrine Society, the world’s oldest and largest organization dedicated to the clinical practice of endocrinology, released a statement correcting misinformation about gender affirming healthcare that was spread at the fourth Republican presidential primary debate on Wednesday night.

The group said comments in which Florida Gov. Ron DeSantis (R) characterized care for transgender and gender-diverse youth as child abuse and genital mutilation “do not reflect the health care landscape” and contradict “mainstream medical practice and scientific evidence.”

“Pediatric gender-affirming care is designed to take a conservative approach,” the Endocrine Society wrote. “When young children experience feelings that their gender identity does not match the sex recorded at birth, the first course of action is to support the child in exploring their gender identity and to provide mental health support, as needed.”

The statement continues, “Medical intervention is reserved for older adolescents and adults, with treatment plans tailored to the individual and designed to maximize the time teenagers and their families have to make decisions about their transitions.”

Notwithstanding the remarks by DeSantis, other debate participants, and moderator Megyn Kelly, “gender-affirming genital surgery is rarely offered to anyone under the age of 18,” the statement says.

Additionally, “More than 2,000 scientific studies have examined aspects of gender-affirming care since 1975, including more than 260 studies cited in the Endocrine Society’s Clinical Practice Guideline.”

Other major scientific and medical groups like the American Medical Association, the American Psychological Association and the American Academy of Pediatrics are “in alignment” with the Endocrine Society on “the importance of gender affirming care,” the statement notes.

Further, research shows it “can be life saving for a population with high suicide rates.”

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