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After targeting youth, state lawmakers now going after the rights of LGBTQ adults

Legislators are also teeing up challenges to same-sex marriage

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Georgia State Capitol Building (Washington Blade photo by Michael Lavers)

The proliferation of anti-LGBTQ bills proposed by state legislatures across the country, which ticked up dramatically in 2021 and has since increased year-over-year, looks different in 2025.

Efforts that once focused on school sports and pediatric gender care have now broadened, as many advocates warned they would, to target adult life and the legal scaffolding of hard-won freedoms like same-sex marriage.

LGBTQ issues remain fraught political battlegrounds, but the fight has shifted to driver’s licenses, hospital policies, state-worker speech rules, and even marriage licenses — exposing these communities to greater risk of civil-rights violations.

This shift comes at a moment when legal avenues for challenging discrimination by state governments or the Trump-Vance administration have narrowed significantly, even as rhetorical and political attacks intensify.

The new types of bills

By the numbers, this year is shaping up to be the worst in recent memory. The ACLU tracked 520 anti-LGBTQ bills in 2023, 533 in 2024, and by February the organization had already logged 339, an accelerated pace for 2025.

Predictably, these legislative efforts are clustered in conservative places like Texas, where state lawmakers teed up 32 anti-trans bills on the first day of pre-filing for 2025, as GLAAD noted.

At the same time, however, the group reports that the year kicked off with similar activity in far bluer statehouses located in places like Massachusetts, Colorado, and New York.

The new crop of bills share some distinguishing features. For instance, Alabama, Arizona, Georgia, and Illinois are considering (or have enacted, in Alabama’s case) proposals to adopt restrictive definitions of sex and gender.

Not only does the establishment of a legal definition for gender based on a fixed binary that must be determined by one’s sex at birth exclude the recognition of people who are trans or have other gender diverse identities, but it also carries significant downstream impacts.

President Donald Trump has already demonstrated how this can work. Issued on the first day of his second term, his Executive Order 14168 recast “sex” across all federal policy as a fixed category that is limited to “male” or “female,” defined at “conception,” and unchangeable.

Pursuant to the order, the administration mandated that agencies replace all mention of “gender” with “sex,” strip gender self-identification options from passports, and halt funding for anything deemed “gender ideology,” including gender‑affirming care.

With respect to restrictions on gender markers on passports and official documents, the consequences for Americans who are not cisgender are far-reaching, touching areas of their lives from housing to employment and travel.

Georgia, meanwhile, previewed how conservative lawmakers can restrict guideline-directed best practices medical interventions for not just transgender youth, but adults as well, with a bill introduced this year that would bar coverage by state employees’ health benefits plans.

Georgia has also enacted a law prohibiting all gender-affirming care (hormones, surgeries, and even personal funding of such care) for incarcerated individuals in state prisons, which came after Trump’s executive order requiring the Bureau of Prisons to halt funding for these treatments and move trans women inmates into men’s facilities.

Broadened healthcare restrictions did not necessarily start this year, however. Florida passed a law in 2023, for example, that requires trans adults to receive in-person, state-approved informed consent for gender-affirming care, while banning nurse practitioners and telehealth delivery of such treatments, thereby limiting access for patients.

Following years of conservative activism focused on censoring pro-LGBTQ speech from schools — banning books and other materials with gay or trans characters or themes; restricting classroom instruction on matters of sexual orientation and gender identity — some states have taken a new tack in 2025: protecting anti-LGBTQ speech.

Once again, the scope of these efforts now extends beyond educational institutions and their focus is broadened from youth to youth and adults.

Montana’s Free to Speak Act, enacted in May, protects students and public employees from being disciplined for refusing to use a person’s preferred name or pronouns, establishing a private right of action allowing affected individuals to sue for injunctive relief, monetary damages, and attorney fees.

Lawmakers in Florida are going even further with a proposal that would bar public employers from requiring the use of trans individuals’ preferred pronouns, remove “nonbinary” as an option on state job applications, and make LGBTQ+ cultural competence training optional rather than mandatory.

Marriage equality under fire

On Monday, news outlets around the world reported on the return of Kim Davis. The thrice divorced former Kentucky county clerk has asked the U.S. Supreme Court to hear her case, which seeks to overturn the High Court’s precedent setting ruling in Obergefell v. Hodges that established marriage equality as the law of the land in 2015.

Some legal experts believe the gambit is a long shot. Others are less confident, pointing to the establishment of a 6-3 conservative supermajority in October 2020 and Justice Clarence Thomas’s concurring statement in the 2022 decision overturning abortion rights, where he expressed interest in revisiting the marriage decision.

In what may be a harbinger of another battle over same-sex marriage, or a sign that the matter was never settled in the first place, five states this year have considered non-binding resolutions asking the justices to overturn Obergefell: South Dakota, North Dakota, Idaho, Michigan, and Montana.

Other measures have been more concrete. In Tennessee and several other states, lawmakers introduced “covenant marriage” bills defining marriage as a union between “one male and one female” with heightened divorce restrictions — a move that would effectively exclude same-sex couples from that marital track. While none have yet been passed or enacted, they illustrate how legislatures can reshape marriage law without directly challenging Obergefell.

Such bills raise a potential clash with the Respect for Marriage Act, legislation passed during the Biden-Harris administration that requires states to recognize same-sex marriages performed elsewhere but does not require them to issue licenses.

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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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National

LGBTQ community explores arming up during heated political times

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

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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.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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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.”

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