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Santorum to gay soldier: ‘Don’t Ask’ repeal is ‘tragic’

Gay soldier asks question on LGBT rights at GOP debate

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Republican presidential candidate Rick Santorum (Blade file photo by Michael Key)

Former U.S. Sen. Rick Santorum reiterated his support for reinstating “Don’t Ask, Don’t Tell” on Thursday in response to a question asked by a gay soldier serving in Iraq during a presidential debate.

Santorum — one of nine GOP presidential hopefuls who attended the Fox News/Google debate in Orlando, Fla. — said he’d reinstitute the military’s gay ban but suggested he would allow troops who have already come out to continue serving.

The question came via video from an Army soldier serving in Iraq identified as Stephen Hill. The service member said he was gay during the video and asked if debate participants would rollback LGBT advances in the military that have been achieved under President Obama.

“In 2010, when I was deployed to Iraq, I had to lie about who I was because I’m a gay soldier and I didn’t want to lose my job,” the soldier said. “My question is: under one of your presidencies, do you intend to circumvent the progress we’ve made for gay and lesbian soldiers in the military?”

In response to the question, which was audibly booed by audience members during the debate, Santorum said, “Any type of sexual activity has absolutely no place in the military.”

Santorum maintained repeal of “Don’t Ask, Don’t Tell” — the 18-year-old ban on open service that officially came to an end Tuesday — amounts to affording special protections to gay troops.

“The fact that they’re making a point to include it as a provision within the military — that we are going to recognize a group of people and give them a special privilege in removing ‘Don’t Ask, Don’t Tell,’ I think tries to inject social policy into the military,” Santorum said. “And the military’s job is to do one thing, and that is to defend our country.”

Santorum continued, “We need to give the military, which is all volunteer, the ability to do so in a way that is most efficient in protecting our men and women in uniform, and I believe this undermines that ability.”

The audience shouted in approval and applauded as the former U.S. senator from Pennsylvania made his remarks.

Pressed by Fox News anchor Megyn Kelly on what he would do with troops like Hill who are in service but already out, Santorum replied, “What we’re doing is social experimentation. That’s tragic.”

Santorum then restated his pledge to reinstitute “Don’t Ask, Don’t Tell” as he maintained service members who are already out should be excluded from expulsion.

“I would just say that going forward, we would reinstitute that policy if Rick Santorum was president: period,” Santorum said. “That policy would be reinstituted, and as far as people who are in it, I would not throw them out because that would be unfair to them because of the policy of this administration.”

But then, in a seeming contradiction, Santorum said he’d “move forward with conforming with what was happening in the past,” under which he said “sex is not an issue. ”

“It should not be an issue. Leave it alone,” Santorum said. “Keep it to yourself — whether you’re heterosexual or homosexual.”

Gay GOP groups railed against Santorum in response to the answer he gave to the gay service member during the debate.

In a joint statement, Jimmy LaSalvia, executive director of GOProud, and Chris Barron, chair of the organization, said Santorum “disrespected” troops and owes the soldier who asked the question “an immediate apology.”

“That brave gay soldier is doing something Rick Santorum has never done — put his life on the line to defend our freedoms and our way of life,” LaSalvia and Barron said. “It is telling that Rick Santorum is so blinded by his anti-gay bigotry that he couldn’t even bring himself to thank that gay soldier for his service.”

LaSalvia and Barron noted that Hill is serving in the Iraq war, an operation that Santorum said he supports.

“How can Senator Santorum claim to support this war if he doesn’t support the brave men and women who are fighting it?” LaSalvia and Barron said.

R. Clarke Cooper, executive director of the National Log Cabin Republicans, said Santorum gave a “shameful response” to the service member and “was incoherent and out of touch.”

“America’s uniformed leaders support gays and lesbians serving alongside their colleagues with dignity and respect,” said Cooper, who’s also an Iraq combat veteran and current Army Reserve officer.

“Santorum’s divisive and homophobic remarks do not befit a commander-in-chief,” Cooper continued. “Americans want to hear about how our next president is going to cut our national debt, advocate for a confident foreign policy and most importantly help let the private sector thrive to create jobs.”

It’s not the first time Santorum has said he’d reinstate “Don’t Ask, Don’t Tell.” He affirmed he would institute the military’s gay ban when Think Progress asked him about the issue in April.

Republican presidential candidate and U.S. Rep. Michele Bachmann (R-Minn.) has also said she’d reinstitute “Don’t Ask, Don’t Tell” if elected to the White House.

Watch the video here (via Think Progress):

http://www.youtube.com/watch?v=hKtzOjAWGIE&feature=player_embedded

UPDATE: In a subsequent appearance Friday on Fox News, Santorum said he condemns those in the audience who booed Hill, although the candidate added he heard no jeers during the debate.

“I condemn the people who booed that gay soldier,” Santorum said. “That soldier is serving our country. I thank him for his service to our country. I’m sure he’s doing an excellent job. I hope he is safe. I hope he returns safely and does his mission well.”

Santorum continued, “I have to admit I seriously did not hear those boos. Had I heard them, I certainly would have commented on them, but, as you know, when you’re inside that sort of environment, you’re sort of focused on the question and formulating your answer, and I just didn’t hear those couples of boos that were out there. But certainly had I, I would have said, ‘Don’t do that. This man is a serving our country and we are to thank him for his service.'”

Watch the video here (via Think Progress):

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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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