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‘Closet case’ Koch dead at 88

Former N.Y. mayor faulted for lackluster AIDS response

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Ed Koch, New York City, gay news, Washington Blade

Ed Koch (Photo by Boss Tweed via Wikimedia Commons)

Former New York City Mayor Edward I. Koch, who has been credited with rescuing his city from near financial ruin while also being condemned by gay and AIDS activists for failing to adequately address the AIDS epidemic, died on Friday of congestive heart failure at a New York hospital. He was 88.

Known for his bluntness and New York style “chutzpah,” Koch served three terms as mayor, from 1978 to 1989, winning re-election by overwhelming margins while brushing off and later denying repeated rumors that he was a closeted gay man.

Before becoming mayor, Koch, a Democrat, served as a member of the U.S. House of Representatives from 1968 to 1977, representing a district that included Manhattan’s Greenwich Village. In 1975, he and then U.S. Rep. Bella Abzug (D-N.Y.) co-introduced a sweeping gay rights bill, the first such bill to be introduced in Congress.

The bill called for banning discrimination based on sexual orientation in the areas of employment, housing and public accommodations. Like the less ambitious Employment Non-Discrimination Act, or ENDA, introduced years later that covers only LGBT-related employment discrimination, the Abzug-Koch bill died in committee.

Shortly after taking office as mayor, Koch issued an executive order prohibiting job related discrimination in city government agencies based on sexual orientation.

Although he remained a gay rights supporter throughout his three terms as mayor, Koch alienated a large part of the LGBT community by what gay and AIDS activists have said was a failure to take adequate steps to address AIDS as it wreaked havoc on gay men and others in New York in the early 1980s.

New York gay journalist, TV commentator and LGBT rights advocate Andy Humm said many gays believe Koch’s status as a closeted gay man made him uncomfortable dealing with a disease that at first appeared to be impacting gay men more than any other group.

“It happens that I’m heterosexual, but I don’t care,” Koch said in a 1989 radio interview. “I happen to believe there is nothing wrong with homosexuality. It’s whatever God made you…I do care about protecting the rights of 10 percent of our population who are homosexual and who don’t have the ability to protect their rights,” he said.

“He was probably one of the most famous closet cases of all times,” Humm told the Blade.

Humm and others familiar with Koch’s record as mayor have said most LGBT activists in New York were far more concerned about Koch’s response to the early AIDS epidemic than they were about his sexual orientation.

New York gay rights attorney Bill Dobbs said that Koch’s sluggish response to AIDS prompted many in the gay community, who supported Koch on other issues, into becoming more strident and even radicalized on AIDS matters.

“In a strange way there was a silver lining that came from his lack of response,” Dobbs told the Blade. “His poor response on AIDS triggered greater activism and the creation of ACT UP.”

Among those responding were gay author and playwright Larry Kramer, one of the founders of ACT UP, the direct action AIDS group that engaged in sit-ins and protests across the country, including in New York.

In his now internationally acclaimed play about AIDS, “The Normal Heart,” Kramer’s characters refer to what they claim was the unresponsiveness of the Koch administration in the early 1980s as they struggled to create a community organization to help gay men dying of AIDS.

The Gay Men’s Health Crisis, the organization that Kramer also helped to found in real life and in which his play depicts on stage, became the first of many community-based AIDS service groups to spring up across the country.

In an email exchange on Friday, the Blade asked Kramer if he thought Koch supporters had some merit in saying that Koch faced budget and funding constraints and did what he could in the early days of the epidemic to provide some city resources to address AIDS.

“Bullshit,” replied Kramer. “Evil deeds are evil deeds.”

D.C. gay activist Peter Rosenstein, who lived in New York and worked in politics at the time Koch first won election as mayor, said he supported Abzug over Koch in the hotly contested 1977 Democratic mayoral primary. In the run-off between Koch and Mario Cuomo, who later became New York’s governor, Rosenstein said he backed Cuomo.

“Ed Koch was an enigma,” said Rosenstein. “He was an egomaniac, brash and a bully. He did some good things but was horrendous when it came to dealing with HIV/AIDS.”

Many New York political observers, however, say Koch’s overall record as mayor is considered positive for the city and most of its residents. They note that his transformation from a liberal reform politician in the 1960s and 1970s into a moderate and, on some issues, a conservative Democrat when he ran for mayor alienated many liberals, who accused him of betraying the progressive cause. When he ran for his third term as mayor, he won the nomination of both the Democratic and Republican Party in New York.

“By the usual standards measuring a former mayor’s legacy – the city he inherited, the challenges he faced, the resources available to meet those challenges and the extent to which his work endured beyond his term – historians and political experts generally give Mr. Koch mixed-to-good reviews,” the New York Times said in its obituary on Koch.

“Most important, he is credited with leading the city government back from near bankruptcy in the 1970s to prosperity in the 1980s,” the Times obituary says. “He also began one of the city’s most ambitious housing programs, which continued after he left office and eventually built or rehabilitated more than 200,000 housing units, revitalizing once-forlorn neighborhoods.”

 

 

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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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