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Tenn. activists rally for ENDA executive order

Sanders faults nat’l groups for not providing strategy

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Barbara Stover (left), Darren Crawford (center) and Janet Moore protest for employment protections in Cookevile, Tenn. (photo by R.G. Cravens)

Faced with living in a state with no non-discrimination law protecting them, LGBT activists demonstrated in three Tennessee cities on Sunday to call on President Obama to issue an executive order barring federal contractors from engaging in job bias based on sexual orientation and gender identity.

Chris Sanders, president of the Tennessee Equality Project, said he organized the demonstration as part of 24 Tennessee groups because of a law signed last year by Gov. Bill Haslem (R) prohibiting cities from passing LGBT non-discrimination ordinances. That measure rescinded a contractor non-discrimination ordinance that passed a couple months earlier in Nashville.

“We had experienced in 2011 Nashville passing a contractor non-discrimination ordinance only to have the state nullify it,” Sanders said. “So, we have no option but this executive order and ENDA ahead of us in Tennessee. We have no hope for getting state employment protections at the state level when now we can’t even pass them in our city.”

The Obama administration has thus far withheld issuing an executive order along these lines. Just last week, White House Press Secretary Jay Carney said Obama prefers legislation known as the Employment Non-Discrimination Act because that measure would “provide lasting and comprehensive protections for LGBT people across the country regardless of whether they happen to work for a government contractor.”

A White House spokesperson declined to comment over the weekend about the Tennessee demonstration.

Protestors demonstrated at the three places in Tennessee: in front of the federal building in Memphis; in front of the Putnam County Courthouse in Cookeville and the War Memorial Plaza in Nashville. Sanders estimated that a total of 115 people showed up for the rallies: 30 in Memphis; 15 in Cookeville and 70 in Nashville.

The Tennessee Equality Project has also launched an online petition at the White House website calling on Obama to issue the executive order. As of Sunday evening, the petition had 4,700 signatures. If a total of 25,000 people sign the petition by Wednesday, the White House will issue an official response.

“If this item is signaled as a priority in our movement, which is what we’ve been reading, then we as our community ought to be showing that it’s important to us,” Sanders added. “That’s why did these rallies, that’s why we started the petition.”

Sanders didn’t limit his protest to the White House, but faulted national groups and bloggers for not providing a strategy to build grassroots support for the executive order, saying local activists “haven’t really been given marching orders of what we’re all supposed to be doing to get it done.”

“I would think that either the national bloggers or the national organizations that serve our community would have put together some public strategy for building support for it,” Sanders said. “I know they’re lobbying to get things going along, and we think that’s absolutely critical. We do that at the state and local level and we know the value of that, but you also have to build public support, and we haven’t seen a lot of that.”

Sanders declined to identify which national groups and bloggers weren’t doing enough on the executive order, but said he sent out the news release and didn’t find much interest.

“We’re just hoping that other states begin movement because we’re not getting a clear signal at the national level of what we’re supposed to be doing,” Sanders said. “Again, I thought the signal was clear that it’s a priority, but we’re supposed to do, that’s been ambiguous, so we just took matters into our own hands here.”

Tico Almeida, president of the national LGBT group Freedom to Work, said he agrees “it’s important to build public support for the executive order in addition to traditional lobbying” and said he undertook efforts to collaborate with the Tennessee activists and alert media about the demonstration.

“We were very glad to receive an email this weekend with a press release about the Tennessee rallies for the executive order, and we wrote back to Chris Sanders to offer our help getting the word out,” Almeida said. “We then forwarded the press release to the Washington Blade so that the Tennessee efforts could get news coverage. We are very eager to collaborate with any state or local LGBT organizations interested in pushing for the executive order and for ENDA the statute.”

The Human Rights Campaign, another national LGBT group calling for the executive order, didn’t respond to a request to comment on Sanders’ remarks.

Gray Alexander addresses the rally for employment non-discrmination protections in Nashville (photo courtesy Chris Sanders)

In addition to having a law prohibiting cities from passing non-discrimination ordinances, Tennessee has no state law on the books protecting LGBT people against job bias in the workforce. LGBT people in the state would need either federal action for protection, such as the executive order or passage of ENDA.

Among those demonstrating was Gray Alexander, who’s 15 and co-president of the gay-straight alliance at Martin Luther King, Jr., Magnet High School in Nashville.

Alexander, who identifies as pansexual, said he participated in the protest because he says the executive order is “the only way for us to get equality in the workplace.”

“It’s frustrating,” he said. “It’s an important thing that needs to happen for all our states. There’s no need discrimination based on gender identity and sexual orientation in the workplace anywhere in the U.S., or anywhere in the world.”

Alexander said he hasn’t personally been the victim of discrimination in employment, but says harassment of LGBT students in commonplace within his school.

“My school is a much more progressive school than other schools in the state, but there’s obvious discrimination based on sexual orientation,” Alexander said. “It’s not as confrontational as a lot of other places. A lot of it is just calling someone ‘gay’ or ‘faggot’ behind their back, or pointing at them as they walk by.”

Kal Dwight, who’s 21 and a transgender Memphis resident, said he demonstrated because as a volunteer at the Memphis Gay & Lesbian Community Center he’s seen employment discrimination against transgender woman.

“They definitely have a really hard time getting a job anywhere,” Dwight said. “Anytime we can get them more protections is good — especially here in the African-American community.”

Despite the stated reluctance on behalf of the White House, Dwight was optimistic that Obama would issue an executive order protecting LGBT workers.

“I think he’s going to do it; I just don’t think he’s going to do it right this second,” Dwight said. “I have faith that he’s going to do it.”

A prominent incident of alleged LGBT employment discrimination in Tennessee has occurred in recent years.

Former Belmont University head soccer coach Lisa Howe in 2010 may have been dismissed from her post because she’s a lesbian.

At the time, Howe and her partner were expecting a baby. After the Christian college denied her permission to share this information with her team, Howe resigned. According to an article in The Huffington Post, those familiar with the situation alleged Belmont University told Howe her sexual orientation wasn’t consistent with the school’s values and she’d would have to resign or be fired.

The school ultimately sent out a statement saying her removal was a mutual decision between officials and Howe.

According to a search on USASpending.gov, Belmont University is a federal contractor. However, as a Christian-affiliated school, the college may be still free to discriminate against LGBT workers even under ENDA or an executive order barring workplace discrimination because of the religious exemption.

Alexander recalled that incident and said the loss of Howe’s job was “unacceptable” — particularly because she did exceptional work as the soccer coach for the school.

“They went from losing professionally and to a winning season, and so then she wanted to come out, and she quit for working for them,” Alexander said. “The fact that she had to leave because she was gay, even though she was phenomenal soccer coach is really frustrating. Her track record didn’t make up for that fact that she was gay.”

According to the news release for the protests, a coalition of 24 Tennessee-based groups organized the demonstrations: Austin Peay State University Gay/Straight Alliance, Out & About Newspaper, Tennessee Tech Lambda, Tennessee Transgender Political Coalition, Nashville GLBT Chamber of Commerce, PFLAG Nashville, Greater Nashville Prime Timers, GLSEN Middle TN, Metro Human Relations Commission, Nashville Pride, OutCentral, Just Us at Oasis Center, PFLAG Maryville, Human Rights Campaign Nashville Steering Committee, CHOICES: Memphis Center for Reproductive Health, Vanderbilt Lambda Association, Tennessee Democratic Party, Latino Memphis, First Congregational Church Memphis Planned Parenthood Greater Memphis Region, Shelby County Democratic Party, Memphis Gay & Lesbian Community Center, Perpetual Transition, Tennessee Friends of People’s World and Tennessee Citizen Action.

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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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