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UPDATED: GLAAD’s communication breakdown; Barrios voted out

Media watchdog group dogged by allegations of dishonesty, incompetence

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UPDATE: According to Politico, the Executive committee of GLAAD’s Board of Directors has voted to remove Jarrett Barrios as President of the organization.

UPDATE 2: According to both Michelangelo Signorile and the Bilerico Project, Rich Ferraro is confirming that Jarrett Barrios has stepped down as GLAAD’s President.

Jarrett Barrios

A former GLAAD board chair has called for the resignation of its president, Jarrett Barrios. (Photo courtesy GLAAD)

The Gay & Lesbian Alliance Against Defamation raised eyebrows last week when the media watchdog group released a statement supporting the merger of telecom giants AT&T and T-Mobile. It marked the second time the organization, which was founded in 1985 as a grassroots action network, had weighed in on major business news. The prior statement had been released a year earlier objecting to the NBC-Comcast merger, due to concerns about negative portrayals of LGBT characters in the media.

The AT&T statement was curious, but attracted little media attention.

That changed on Tuesday, when former GLAAD board of directors co-chair Laurie Perper appeared on Michelangelo Signorile’s Sirius-XM OutQ show to sound the alarm on other alleged improprieties at the organization and questions facing its leader, Jarrett Barrios.

Since then, Barrios — who has been at the helm of GLAAD for 23 months — has granted a flurry of interviews to counter Perper’s claims. His responses, however, have only served to attract more scrutiny of the organization.

While speaking with Perper, Signorile pressed about why she left her position as board chair early. “You stepped down because you just thought he was not qualified. Obviously, as the months went on, others agreed with that assessment,” Signorile summarized. “I believe that over 14 board members have left, [since Barrios took over],” Perper relayed to the radio host.

Signorile continued, “Is it fair to say that most of these people stepped down because of the direction the organization was going, because of Jarrett Barrios?”

“Absolutely,” Perper said.

Reached by phone last week along with GLAAD director of communications Richard Ferraro and GLAAD board member and Florida PR consultant Gary Bitner, Barrios insisted that his short time working with Perper — only five weeks — was marked by a positive working relationship, and was focused on solving the organization’s financial problems.

“It’s perplexing and disappointing, considering that she worked for many years to help build this organization, but this happens sometimes,” Barrios told the Blade. “We form in our movement a circular firing squad, and we for whatever reason feel it’s necessary to hurt somebody else in the movement. [Laurie Perper and I] worked well together. Frankly the time we interacted was the time I was getting my feet wet, learning that the org at the time was running a rather large deficit.”

After booking Perper on the Signorile show, the producers reached out and arranged to have Barrios on the following day to respond to the statements that had been made. However, when GLAAD later attempted to arrange to have Bitner join him on the Signorile show, the show’s producers refused and the GLAAD team pulled out of the arrangement, opting to contact other media outlets and bloggers instead.

Barrios insists that the financial figures that Perper presented on the Signorile show were inaccurate and misleading, including a quote about a $14 million discrepancy after 2008, which Barrios says is the result of an IRS reporting requirement of a major multi-million dollar bequest by the late Ric Weiland of Microsoft that was dispersed over seven years. GLAAD insists that it has righted its financial footing thanks to cuts made early in Barrios’ term, though Ferraro also disputes Perper’s claim that six senior staff members left the organization since Jarrett’s start. GLAAD insists it was only three, with another just having left a few months ago.

“In 2009, there was a substantial deficit — I think it was like $1.2 million,” Barrios said.  “Last year, we cut the operating deficit to $300,000 — shrunk it by about $900,000 — and this year, I’m happy to say, we’re running ahead of budget … most notably, our national presenting sponsor has already renewed for next year. That typically doesn’t happen until January. It’s already happened for next year. We’re very pleased. Our corporate revenues this year are substantially higher than last year, which were higher than the year before.”

Perper’s main purpose for appearing on Signorile’s show, however, was to question the reasoning behind GLAAD’s unexpected statement voicing support for the AT&T/T-Mobile merger. GLAAD joined unions, advocacy organizations and other LGBT-specific organizations like the National Gay and Lesbian Chamber of Commerce and Out At Work in supporting the merger. These three organizations joined the NAACP, and the National Education Association in pushing the FCC for the merger.

Perper points to this as evidence that AT&T may have “bought influence with these” non-profits to advocate for the merger with the FCC.

Hours after his conversation with the Blade, Barrios appeared on Chicago’s “Feast of Fun” podcast with Marc Felion and Fausto Fernos. The issue of GLAAD’s curious support of the AT&T/T-Mobile merger and Perper’s statements regarding that merger soon came up, and Barrios seemed to change his story on a long-forgotten episode from more than a year ago when GLAAD released two letters regarding the principles of “net-neutrality” and expressed support for expanding Internet access. The second letter was later retracted.

At the time, Barrios wrote the FCC asking the letter to be removed from the public record, stating that he’d not given his permission for the letter to be submitted and that the signature is “not in my hand.” However, while speaking with “Feast of Fun,” his story seemed to change.

“It was like January of 2010. And it, it sort of supported the telecom industry’s position on net neutrality, which was not GLAAD’s position,” Barrios said. “In fact, GLAAD, at the time and still, doesn’t endorse bills and doesn’t endorse regulatory actions. So, it would have been impossible for us to do that.”

When reached by phone last week, Richard Ferraro explained why GLAAD cannot take a position on net neutrality.

“As a 501(c)3 there’s a question about whether or not we can,” Ferraro told the Blade. “It’s obvious where we stand [on universal access] … mergers are different.”

On “Feast of Fun,” Barrios shifted his story about the letter’s submission, after taking the position a year earlier that the organization had no knowledge of the letter prior to its submission.

“After an investigation, we determined that it was an administrative error, internally at GLAAD, and I’ll own that, and we withdrew the letter. At the time we withdrew the letter, we didn’t know that, so I was — you can imagine reading a letter in a public submission with your name on it that you had never seen, and it wasn’t your signature — after we did an internal investigation, we realized it was an internal error, an administrative error.”

“[The letter] was pulled, one, because it’s an anti-net-neutrality letter,” Ferraro clarified for the Blade. “Two, because at that point and currently, GLAAD does not take positions on legislation or regulation.”

In January, when the letter had been submitted and subsequently retracted, the narrative that emerged was that the letter had been forged. However, after the Feast of Fun statements, Bil Browning of Bilerico Project sought a clearer explanation about the letter.

In an interview last week with Browning, Barrios revealed his personal assistant — a woman Bilerico identified as Jeanne Christiano who has worked for Barrios consistently for seven years, and goes back to his days as a Massachusetts state senator — had called him while he was on the road, and in a hurry, he gave the letter his approval thinking that the two were discussing the previous letter with language Barrios had approved.

“We made a mistake. I authorized my assistant over the phone to sign and submit a letter that I understood to be a re-filing of the October letter in support of broadband proliferation,” Barrios told Browning. “When I realized she had inadvertently submitted an anti-net neutrality letter, I withdrew it … at the time, I had never seen the letter that was filed, and did not recognize the signature.”

Last week, after the story broke of the retracted letter to the FCC supporting the telecom’s position on net-neutrality, the Blade again spoke with Ferraro, this time about the new information emerging about the FCC letter.

“There’s an October letter that Jarrett wrote to the FCC that’s on the FCC site,” Ferraro told the Blade, “that very broadly talks about broadband proliferation, and speaks to our statement Friday about net-neutrality, which is that we don’t currently have a position, but we support universal access … we support the ideas behind, the principles behind net-neutrality – that we can do.”

According to Ferraro, GLAAD board member and communications law professor at American University, Anthony Varona, noticed the subtle pro-telecom messages in the letter after having served as a lawyer at the FCC in the past and immediately contacted the organization’s leadership asking why GLAAD was supporting the telecom industry’s anti-net-neutrality stance.

“When Tony Verona — who speaks FCC language — read this,” Ferraro explained, “he said ‘Why the heck did you send in a letter anti-net-neutrality?’ Jarrett of course said, ‘I never read that letter, I never said I’m against net-neutrality.’”

According to Ferraro, the suggested language is believed to have come directly from AT&T, and was copied verbatim by Barrios’ assistant, Jeanne Christiano.

Ferraro explained, “He was traveling, as he still does [a lot] … she’s more than an assistant — they’ve worked together for seven years. … I was not on the call, so can’t speak with certainty, but he said she called him and said something along the lines of ‘so I have the letter on broadband. They want the letter, do you want me to go forward with it?’ and he said, ‘yeah yeah,’ thinking it was the October letter.”

Ferraro agreed there must have been a major communication breakdown at GLAAD.

“He never saw the letter, and he said, ‘yeah, send it in.’ And obviously he didn’t mean to send it in, because as soon as the board member [questioned the letter], he said, ‘huh? I never saw that letter. I didn’t sign that letter. That’s not my signature.’ and he didn’t authorize it. The thing that he’s been trying to do is he doesn’t want to throw her under the bus. This was his mistake. He should have read the letter — he didn’t.”

The controversy raises the question: will GLAAD start weighting in on other FCC-related matters if a business has any ties to the LGBT community?

“One thing that has happened since Jarrett came on board, is that we’ve been more engaged with the FCC, which is a government agency that needs to hear more from the LGBT community … since then, you did hear us weigh in on the NBC merger, you did hear us weigh in on AT&T and we did file an FCC complaint about ‘Jose Luis Sin Censura,’ which is the most anti-gay program on television today,” Ferraro said.

Some activists argue there are larger issues at play than GLAAD’s support of the AT&T merger, or whether or not GLAAD can take a position on net-neutrality. Some leaders in the community are wondering if GLAAD is ready to unravel. Laurie Perper herself called for the dissolution of GLAAD, and discussed it with Signorile when she appeared on his show.

When the Blade asked Perper if GLAAD could survive this controversy, she said it would require a massive change in personnel and makeup of the board.

“One of the things that has come forward is GLAAD’s brand name has been heavily tied to the media awards and people feel that GLAAD is owned by the broadcasters,” Perper said. “The word transparency gets thrown around a lot and unfortunately I found in trying to manage Jarrett that he was far from transparent. So I was actually there for five months with him, and that was long enough for me to see that he was going to make decisions against the board, without consulting the board, the co-chairs and against their will.”

Perper also believes a narrower focus would help GLAAD recover.

“I think that they’ve expanded their programmatic work too much and therefore don’t have a solid impact in any one area, so I think they need to retract a little bit in this difficult economy, decide where they want to make an impact, and truly come out with thoughtful statements, rather than the flip-flopping I’ve seen them do with Adam Lambert, with the AT&T situation. … So they just need a consistent message and vision that they can put forth, that people can understand, and then they need to act on it as hard as they can.”

She continued, “I’ve had a lot of discussions with people who happen to be aware of a lot of the situation that’s going on with GLAAD and a lot of the controversy,” she continued, “and they all feel very strongly about the GLAAD brand name and that it still has tremendous value in the marketplace. So when I talk about the dissolution of it, I do it with a really heavy heart, not ‘how do you ever rebuild a brand name like that,’ but thinking ‘how do you get rid of a president and half of the board members who have helped enable him to bring such tarnish to the name?’”

Barrios, however, sees the organization heading in the right direction.

“We’ve enjoyed some of our highest profile victories ever in the last 18 months,” said Barrios. “So where we’re going is down that path … we’ve had some major victories with the ‘Today’ show, the marriage contest last year. A number of victories with our ‘no two sides’ campaign last year … Mostly that work is happening behind the scenes.”

When members of the media continued to pursue answers to the questions left unanswered at the onset of last weekend, GLAAD tried to shift attention to the Tracy Morgan scandal on Friday. GLAAD backed off from a promise to have Barrios chat on the phone with the Blade in regard to the new confusion brought about by the Friday morning Bilerico report and the Thursday morning Feast of Fun interview.

What’s still unclear is how the suggested language ended up in an official letter on GLAAD letterhead. GLAAD would not comment on whom from AT&T delivered the suggested language, noting only that “AT&T is the source.” However, with a former AT&T lobbyist on the board of directors, who now consults for telecom companies including AT&T, some wonder if Troupe Coronado was the conduit for this “suggested language” that turned GLAAD into an anti-net-neutrality advocate for the telecom industry.

Also unanswered is how unauthorized language was allowed to be submitted by an assistant to a government agency. If this specific language was not approved, why was there no protocol in place to prevent a scenario where an employee of the organization can sign the president’s name to an official document and send it as an agent of the entire group?

There are also nagging questions about Troupe Coronado’s influence and role in the controversy. In January 2006, the Washington Post’s Jeffrey H. Birnbaum and Thomas B. Edsall investigated Coronado for allegedly exceeding the gift-giving limits on lobbyists when schmoozing lawmakers. He was still with BellSouth at the time. BellSouth is now part of AT&T. In addition, OpenSecrets.org lists him as a “revolving door personnel,” someone who has bounced from industry lobbying jobs, to government jobs and back again.

Coronado’s connections to the telecom industry and GLAAD’s subsequent misfires in the field of telecom regulation and corporate dealings is troubling for many activists, even if those connections are tenuous and possibly only coincidental.

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National

HIV/AIDS group NMAC is ‘destabilized’ and in financial crisis: sources

Organization disputes allegations of mismanagement by new CEO

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NMAC CEO Harold Phillips (Blade file photo by Michael Key)

A statement sent to the Washington Blade by an anonymous source claiming to be a current staff member at NMAC, formerly known as the National Minority AIDS Council, alleges that the prominent HIV/AIDS advocacy organization is facing “a rapid and systemic collapse of leadership, governance, and ethical standards.”   

The three-page detailed statement sent on April 4 by someone identifying himself only as “John Doe” includes multiple specific allegations that NMAC CEO Harold Phillips, who began his position in October 2025, “has destabilized the organization at every level,” including hiring nine new high-level appointees with salaries of $220,000 each who are performing “duplicative and unjustifiable roles.”

The Blade was able to corroborate some of the allegations by talking to two other knowledgable sources who spoke on condition of anonymity. Those sources said they had received the John Doe statement and believed many, if not most, of its allegations were accurate.

With a total staff of about 30 to 35 employees, the John Doe statement claims the high salaries of the nine new staff members have added to financial problems NMAC has been facing in recent years. It says that at least two NMAC staffers who raised concerns about Phillips’s actions were terminated on grounds of insubordination.

One of the two anonymous sources who spoke to the Blade said one of the dismissed staff members was considering filing a lawsuit against NMAC in response to the firing.  

“An external firm was recently brought in to assess the organizational health,” the John Doe statement to the Blade says. “The findings were staggering — more than 50% of staff reported they are actively seeking employment elsewhere,” it says. 

The Blade sent the John Doe statement to NMAC this week and asked for a response to the allegations.

NMAC spokesperson Jennifer Moore Phillips, who serves as chief strategy officer and who is not related to Harold Phillips, sent the Blade a short statement calling the John Doe allegations “false and purposefully misleading,” but which did not comment on each of the specific allegations.

“A recent anonymous letter containing unfounded allegations about NMAC makes claims that are simply false and purposefully misleading,” the NMAC statement says. “Evidenced by our new strategic plan and recent successful Biomedical HIV Prevention Summit in Chicago, NMAC’s new leadership is laser focused on delivering on our mission serving the HIV community with renewed energy and vision,” the statement concludes.

The Biomedical HIV Prevention Summit referred to in the statement, which took place in Chicago April 8-10 of this year, is one of the two largest HIV/AIDS related conferences that NMAC organizes each year. Jennifer Phillips said more than 1,400 people attended the event.

The largest NMAC event, the United States Conference on HIV/AIDS, the most recent of which was held in D.C. Sept. 4-7, drew more than 2,400 participants and was hailed by AIDS activists as a highly successful gathering of a diverse group of experts seeking to push for the end to the HIV/AIDS epidemic.

One of the keynote speakers at that conference was Paul Kawata, who served as executive director and CEO of NMAC for 36 years and who delivered his farewell address at the conference following the announcement that he would retire on Oct. 7, 2025.

Many of the conference speakers praised Kawata, who became NMAC’s leader two years after its founding in 1987, as the leading force behind its growth and evolution into one of the nation’s leading HIV/AIDS advocacy organizations with a special outreach to people of color.   

It was at that time that Harold Phillips, who served as director of the White House Office of AIDS Policy under then-President Joe Biden and who later joined NMAC as deputy director before the NMAC board named him Kawata’s successor as CEO, emerged as NMAC’s next leader.

“The Board has exuberantly elected Harold Phillips as our new CEO,” said Lance Toma, chair of the NMAC Board of Directors at the time Phillips’s appointment was announced. “In this unprecedented moment, there is no one more strategically positioned and experienced to lead our movement through what we know will be some of the most tumultuous and complicated times ahead,” the statement said.

The John Doe statement raising questions about Phillips’s actions and leadership says NMAC staff members formally appealed to the board of directors to intervene.

 “The Board has remained silent, while Harold arrogantly told the staff that ‘the board has my back,’” the statement says.

The Blade has also attempted to reach out to Kawata by email for comment on how he feels NMAC is doing six months after his retirement. As of April 14, Kawata had not responded to the Blade’s inquiry.

According to the John Doe statement, NMAC officials have recently “sought external financial rescue,” including a visit by an NMAC official to California to request assistance from the pharmaceutical company Gilead Sciences. “Without such intervention, layoffs seem imminent,” the statement says.

“This is not a functioning nonprofit,” the John Doe statement concludes. “It is an organization in crisis – bleeding resources, hemorrhaging staff, and operating without transparency, accountability, or governance,” it says, adding, “The communities NMAC serves, the donors who fund its mission, and the public at large deserve to know what is happening behind closed doors.”       

By contrast, the NMAC website describes the organization as a highly functioning nonprofit continuing to lead the fight against HIV/AIDS.

“Launched in 1987 during the early years of the HIV/AIDS crisis in the United States, NMAC is a national HIV organization that offers capacity building, leadership development, policy education, and public engagement to end the HIV epidemic among communities most impacted in the United States,” a statement on the NMAC website says.

“In 2026, we mark 45 years of the HIV movement,” the statement adds. “NMAC continues to pivot to center the needs of people of color impacted by HIV by responding to political challenges that threaten federal funding and programs that have provided an essential survival safety net,” it says. “Simultaneously, as HIV treatment allows people to age with HIV, our whole-person approach extends to achieving optimal quality of life beyond attaining viral suppression.”

 In its most recent action, NMAC issued a detailed press release on April 14 criticizing President Donald Trump’s proposed fiscal year 2027 budget provisions that call for cutting more than $1.5 billion in HIV prevention, substance use, housing and other programs. The release provides details on how the cuts would negatively impact important HIV prevention programs and urges Congress to reject the proposed cuts. 

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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

The Washington Blade reached out to DHS and the DOJ for comment on the two cabinet choices’ records on LGBTQ rights. DHS responded, telling the Blade, “Secretary Mullin’s record at the Department of Homeland Security will be one of protecting ALL Americans,” while the DOJ has yet to respond.

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Noticias en Español

La X vuelve al tribunal

Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico

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(Foto de Sergei Gnatuk via Bigstock)

Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.

Hoy el escenario es distinto.

La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.

Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.

El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.

En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.

La diferencia radica en la aplicación.

El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.

El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.

Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.

El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.

Este proceso tampoco ocurre en aislamiento.

Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.

Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.

Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.

El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.

A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.

Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.

El debate ya no es teórico.

Ahora es judicial. 

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