National
Takano on path to make history in Calif. race
Democrat would be first out gay person of color in Congress
Mark Takano is poised to make history.
The openly gay congressional candidate is the only Democrat running in a newly created Democratic-leaning district in California. And if he wins in November 2012, the 51-year-old Japanese-American would become the first openly gay person of color elected to Congress.
“The significance of that achievement is the unique voice that an openly gay member of Congress of color can bring to the House floor and the House committee rooms,” Takano said in an interview with the Washington Blade. “It’s a double-awareness of what it means to be vulnerable.”
Takano said this “double-awareness” comes as a result of the discrimination that both Japanese-Americans and LGBT Americans have faced in this country.
In 1942, President Franklin Roosevelt issued an executive order placing an estimated 110,000 Japanese-Americans in internment camps as the United States battled Japan during World War II. Takano said his parents and grandparents were among those who were interned, and his grandmother lost the property she owned as a result of the government’s action.
The U.S. government eventually apologized for its actions. In 1988, Congress passed and President Reagan signed legislation apologizing for the internment and disbursing more than $1.6 billion to Japanese-Americans who had been interned and their heirs. Takano said he believes the LGBT community will achieve a similar victory in reaching full legal equality.
“They were able to right the wrong by passing the Japanese-American redress bill,” Takano said. “Watching that example gives me faith that the LGBT community is also going to prevail in their quest for full inclusion and full equality. Because I’ve watched it happen.”
Takano said he expects to take the Employment Non-Discrimination Act over the finish line during his tenure in Congress. He also said he wants to work toward repeal of the Defense of Marriage Act and passage of the Uniting American Families Act.
His election to Congress would also help maintain the level of LGBT representation in the House. Rep. Barney Frank (D-Mass.), the longest-serving openly gay U.S. House member, announced in November that he won’t seek a 17th term in office. Lesbian Rep. Tammy Baldwin is leaving the House to pursue a run for U.S. Senate.
That leaves Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) as the only incumbent openly gay U.S. House members. Mark Pocan, another openly gay candidate, is seeking to win the seat that Baldwin is vacating.
Reflecting on Frank’s retirement, Takano said he feels a tinge of sadness that he won’t be able to serve alongside the Massachusetts Democrat.
“I really hoped as the first openly gay member of Congress who is a person of color that I get to serve with the openly gay member of Congress who’s the most colorful,” Takano joked.
He said Frank’s departure should instill a “sense of urgency” in the LGBT community in the upcoming election to maintain the number of openly LGBT people in Congress.
“If we’re going to move the agenda forward, it’s going to mean that we’re going to have to ensure that we keep the members there and increase our numbers this year,” Takano said. “We have an opportunity to do so.”
But the No. 1 priority for Takano if he’s elected to represent California’s 41st congressional district is addressing what he calls the “disastrous unemployment situation” in the country. According to the Labor Department, the national unemployment stands at 8.6 percent, which is down from recent months but still a high rate of joblessness.
Takano said that has been the top concern of the donors he’s spoken to — including LGBT donors — as he makes the case for his candidacy.
“This is a very dangerous situation for the nation to continue to have this unemployment because it threatens social stability and democratic institutions,” Takano said. “If it lasts too long, we’ll see the danger of extremist politics. I have concerns that vulnerable minorities will be in danger, so as LGBT Americans, we have a strong interest in making sure that we get all Americans back to work.”
A public school teacher for 23 years specializing in British literature, Takano also said education issues are of concern to him and he wants to reduce the high-school drop out rate while increasing the numbers of students attending college. He also said his district suffers from air pollution and he wants to be an environmental advocate in Congress.
Takano is no stranger to public service. In 1990, he was elected to the Riverside Community College District’s Board of Trustees and has served on that body since then. In 2001, Takano helped shepherd through the board a measure enabling Riverside Community College employees to have domestic partner benefits.
The candidate also made earlier attempts at winning a congressional House seat. In 1992, he defeated six contenders to win the Democratic nomination for then-California’s 43rd Congressional District. Takano didn’t succeed in the general election, but lost by fewer than 550 votes against Rep. Ken Calvert (R-Calif.) in one of the closest congressional elections in California history. Takano made another unsuccessful attempt at running for the seat in 1994.
Takano is likely to claim the Democratic nomination in the congressional race. The deadline for filing is March 9, and no other Democrat has yet to enter the race. Odds are also good for Takano in the general election. The 41st congressional district is new, but had it existed in 2008, President Obama would have won there by 20 points.
Still, even though the district is Democratic-leaning, Takano isn’t in the clear because he’ll be up against a Republican opponent. Riverside County Supervisor John Tavaglione has thrown his hat into the race.
The Human Rights Campaign, the Gay & Lesbian Victory Fund and gay Rep. Jared Polis (D-Colo.) have already endorsed Takano. During a recent trip to D.C., Takano also secured endorsements from retiring gay Rep. Frank as well as members of the House Democratic leadership, including Minority Leader Nancy Pelosi (D-Calif.) and Minority Whip Steny Hoyer (D-Md.).
Jennifer Crider, a Pelosi spokesperson, said of the Democratic leader’s endorsement of Takano, “She supports Mark Takano because he is committed to reigniting the American dream by getting people back to work, helping them stay in their homes and building strong small businesses. He will be a great representative of his district as well as the LGBT and Asian-American communities.”
Additionally, Takano also won the endorsement of fellow Japanese-American Sen. Daniel Inouye (D-Hawaii), the most senior U.S. senator. Takano said Inouye’s support is significant because the senator rarely endorses a Democratic candidate before a primary is held.
In a statement provided to the Washington Blade, Inouye said, “Mark Takano has served this newly created congressional District as a classroom teacher, college board trustee and community leader for more than two decades. As a member of the U.S. House of Representatives I am confident that Mark will work hard to create quality jobs, improve public education and preserve national security. I have known Mark for some time and I am pleased to endorse his campaign for Congress.”
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.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
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.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
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.”

