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DOMA repeal enjoys record support at end of 112th Congress

LGBT group optimistic sponsorship will grow as more marriage-equality backers take seats

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Rep. Maxine Waters is the latest sponsor of DOMA repeal (photo public domain)

Rep. Maxine Waters is the latest sponsor of DOMA repeal (photo public domain)

Legislation that would repeal the Defense of Marriage Act is enjoying record support as the year comes to a close — and an LGBT group backing the bill is optimistic that strength will grow further as additional lawmakers who support marriage equality take their seats at the start of the next Congress.

Upon introduction in the U.S. House early last year, the bill — known as the Respect for Marriage Act — had 109 sponsors, but the total number of has now grown to 159. That’s short of the 218 needed for a majority vote needed for passage, but still a record number.

Marc Solomon, national campaign director for Freedom to Marry, said that number of sponsors was achieved after setting a goal upon the bill’s introduction of finding 50 more sponsors and undertaking a coordinated effort with additional groups to win more support.

“Freedom to Marry set out a goal of adding 50 more sponsors this Congress, and have had dozens and dozens of lobby visits with members and their staff,” Solomon said. “For lobbying members of the Congressional Black Caucus, we partnered up with the National Black Justice Coalition and the ACLU, and for GOP members, we worked with Log Cabin and our GOP lobbyist, Kathryn Lehman.”

The most recent addition to the list of co-sponsors is Rep. Maxine Waters (D-Calif.), who signed as a co-sponsor to the bill on Nov. 16 after Election Day. In a statement to the Washington Blade, Waters said she decided to co-sponsor the bill to provide benefits to married same-sex couples that currently aren’t afforded to them because of DOMA.

“I was very pleased to support the Respect for Marriage Act, critical legislation that would ensure same-sex couples are afforded the same federal benefits as other married couples within states that recognize their unions,” Waters said. “Under current law, same-sex married couples are denied important protections such as Social Security survivor benefits, immigration rights, and family and medical leave.”

Waters’ support also builds on the number of co-sponsors to the bill who are also members of the Congressional Black Caucus. Her support means nine additional caucus members have signed on this year alone, and 34 out of 42 total caucus members are sponsors of the bill.

Of the 159 sponsors to the bill, only one is a Republican. Rep. Ileana Ros-Lehtinen (R-Fla.), the only congressional Republican to support marriage equality, signed on as a co-sponsor last year.

Solomon said the bill’s strength is the largely the result of “tremendous growth” in Democratic support for the bill. Upon introduction, the bill enjoyed support from 55 percent of the House Democratic caucus, but the 112th Congress closes with 80 percent of House Democrats counted as co-sponsors.

“It demonstrates that, for Democrats, supporting the freedom to marry and repeal of DOMA has  become nearly the default position, the only acceptable position to take,” Solomon said.

Solomon said he expects the already high number of sponsors to be topped in the next Congress because of the 49 Democrats who were elected to the U.S. House for the first time on Election Day, 46 were explicit supporters of marriage equality.

In addition to newly elected openly LGB members of Congress — Sean Patrick Maloney, Kyrsten Sinema, Mark Pocan and Mark Takano — this list includes Patrick Murphy of Florida, who unseated Rep. Allen West (R-Fla.) and  Joseph Kennedy III of Massachusetts, who’ll take the seat currently occupied by gay Rep. Barney Frank (D-Mass.)

According to the Human Rights Campaign and Freedom to Marry, the newly elected House Democrats won’t don’t support marriage equality are William Enyart of Illinois, Filemon Vela of Texas and Pete Gallego of Texas.

“All together, this demonstrates tremendous momentum at the federal level for eliminating this discriminatory law that hurts loving and committed couples and their families, and more generally tremendous momentum for the cause across the board,” Solomon said.

The strong end to the Respect for Marriage Act in the 112th Congress comes at same time that the U.S. Supreme Court is set to consider on Friday taking up litigation that would overturn DOMA through the judicial process. The court is widely expected to take up at least one DOMA case and a ruling on the anti-gay law is expected by the end of June.

But passage of the legislation may still be necessary. Rep. Jerrold Nadler (D-N.Y.), chief sponsor of the Respect for Marriage Act, earlier told the Washington Blade passage of his bill is still needed it contains a “certainly clause” that would allow federal benefits to flow to married same-sex couples even if they relocate to states where it’s not recognized. It’s unclear hether a court ruling against DOMA would achieve the same goal.

Waters noted the incoming House Democratic caucus will be “majority-minority” — it’ll have a never-before-seen representation of women, ethnic minorities and LGBT members — and said that diversity makes it incumbent upon the caucus “to recognize and respect the personal dignity of all our colleagues and their families.”

“Today, with the support of President Obama, and a steady shift in public attitudes trending in support of marriage equality, I believe that it is only a matter of time before we see a complete end to DOMA – a discriminatory law that violates fundamental principles of liberty and equal protection guaranteed under the Constitution,” Waters said.

CORRECTION: An initial version of this article, citing a list provided by Freedom to Marry, incorrectly stated the position on same-sex marriage held by William Enyart, Filemon Vela, Don Payne and Bill Foster. Additionally, an initial posting gave an incorrect title for Marc Solomon. The Blade regrets the error. The updated version also removes language speculating the bill would have fewer co-sponsors upon reintroduction.

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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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