National
Kerry nomination excites int’l LGBT advocates
Frank won’t rule out accepting interim Senate appointment
The nomination of Sen. John Kerry (D-Mass.) as secretary of state has excited advocates on global LGBT issues.
On Friday, President Obama formally announced he would nominate Kerry to serve as secretary of state. Noting Kerry’s service as a Vietnam veteran and chair of the Foreign Relations Committee, Obama said, “In a sense, John’s entire life has prepared him for this role.”
“Over these many years, John has earned the respect and confidence of leaders around the world,” Obama said. “He is not going to need a lot of on-the-job training. He has earned the respect and trust of his Senate colleagues, Democrats and Republicans. I think it’s fair to say that few individuals know as many presidents and prime ministers, or grasp our foreign policies as firmly as John Kerry.”
But Kerry is also receiving praise for his work on LGBT issues as a U.S. senator. During his tenure as a senator, Kerry has been a supporter of LGBT issues and earned perfect rating of “100” on the Human Rights Campaign’s most recent congressional scorecard.
In the previous Congress, Kerry voted for “Don’t Ask, Don’t Tell” repeal and hate crimes protection legislation. That support goes back to 1996, when Kerry was among 14 senators to cast a vote against the Defense of Marriage Act. He’s also been a key voice in encouraging the Obama administration to take additional action to protect bi-national same-sex couples and ending the ban preventing gay and bisexual men from donating blood.
In 2004, Kerry’s LGBT support wasn’t as strong on the issue of marriage as he pursued his run as the Democratic presidential nominee. As President George W. Bush campaigned on the Federal Marriage Amendment, Kerry would uncomfortably respond that he believes marriage is one man, one woman, but didn’t cast a vote when the FMA came up for a vote that year. He also came out in support of the state constitutional amendments in Missouri and Massachusetts banning same-sex marriage.
That changed after his presidential bid as the nation became more accepting of marriage equality. Kerry voted against the amendment in 2006 and has since come out for same-sex marriage. Just this year, he called for the inclusion of marriage-equality plank in the 2012 Democratic Party platform.
Chad Griffin, president of the Human Rights Campaign, commended Obama’s decision to nominate Kerry in statement while recognizing the senator’s previous work on LGBT issues.
“Sen. Kerry has been a trailblazer in the fight for LGBT equality, both domestically and internationally,” Griffin said. “His leadership in repealing the HIV travel ban, as well as his steadfast support for employment non-discrimination protections and addressing the needs LGBT homeless youth demonstrate his dedication to equality and to the rights of LGBT people worldwide.”
Kerry is nominated for the role as secretary of state at a time when LGBT human rights abuses overseas has received heightened attention. Efforts in Uganda to pass an anti-gay bill that would institute a penalty of life imprisonment — and perhaps even death — have worried LGBT advocates across the globe. In Russia, the lower chamber of parliament is set to consider legislation that would impose fines on the spread of pro-LGBT information to minors.
And just last week in Cameroon, an appeals court upheld a three-year jail sentence against Jean-Claude Roger Mbede, a man found guilty of homosexual conduct after he sent a text message to another man saying, “I’m very much in love with you.”
Andre Banks, executive director of All Out, a grassroots organization for international LGBT rights, called on Kerry to continue work already being done at the State Department against LGBT human rights abuses overseas.
“All Out encourages Senator Kerry to continue the State Department’s advocacy for LGBT people around the world, both publicly and through quiet diplomacy,” Banks said. “There are 76 countries where it is a crime to be LGBT, and 10 that carry life in prison or the death penalty. The U.S. must be a strong voice for decriminalization around the world.”
Upon confirmation, Kerry’s work on LGBT issues at the State Department will have to follow the often-praised work by Secretary of State Hillary Clinton. Her LGBT accomplishments include providing global benefits to LGBT employees and diplomats representing the country overseas. However, she’s among a few high-profile Democrats who hasn’t publicly endorsed marriage equality.
Perhaps Clinton’s most high-profile pro-LGBT act was speaking to the United Nations in Geneva last year against LGBT human rights abuses, telling LGBT people across the globe who feel isolated in their countries, “You have an ally in the United States of America and you have millions of friends among the American people.”
Mark Bromley, chair of the Council for Global Equality, said Kerry has been exemplary on LGBT issues as a U.S. senator and expects him to continue Clinton’s work.
“Sen. Kerry has been a strong defender of equality for LGBT citizens in this country, and a strong supporter of human rights abroad, so we certainly expect that he will continue to advance Secretary Clinton’s legacy of support for LGBT communities globally,” Bromley said.
Will Frank serve as interim U.S. senator?
But the Kerry nomination is also noteworthy for the LGBT community because it creates the opportunity for Gov. Deval Patrick to appointment as a temporary replacement a high-profile LGBT lawmaker: retiring Rep. Barney Frank (D-Mass.).
In a brief interview with Politico on Thursday, Frank, who’s set to retire from Congress at the end of this year, wouldn’t rule out the possibility of accepting the appointment, although he said he hasn’t received an offer from Patrick.
“The governor ought to be free to make whatever choices he makes,” Frank was quoted as saying. “In Massachusetts, you’re talking about an interim, not a permanent appointment. I certainly would not take on any long-term appointment. As for an interim thing, I think accepting offers that haven’t been made is kind of presumptuous.”
Asked to clarify, Frank reportedly said his answer was “not a ‘no’ or a ‘yes.’ Rejecting an offer that hasn’t been made is also presumptuous.”
After the Senate confirms Kerry, Patrick must appoint an interim replacement. A special election must be held in Massachusetts between 145 and 160 days later, and the winner of that election would retain the seat until 2014. Besides Frank, another name that’s been floated as possible interim choice is Vicki Kennedy, the spouse of the late Sen. Edward Kennedy.
On Friday, Patrick said during a news conference he’ll move quickly to fill the seat upon Kerry’s confirmation, but wouldn’t confirm any names that he’s considering.
Lesbian Senator-elect Tammy Baldwin is set to be sworn in on Jan. 3, It’s possible Baldwin and Frank, who’ve served together as U.S. House members, could also alongside each other in the Senate.
Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said the selection of Frank as an interim senator would well serve Massachusetts — provided Frank is interested in the role.
“I would say if he is offered it and he wants it, very few people would be more qualified to represent Massachusetts in the Senate,” Dison said. “Even on a temporary basis, it would be kind of neat capstone to a pretty remarkable career in public service.”
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.”

