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ACLU unveils trio of post-DOMA marriage lawsuits

Plans announced for litigation in Pennsylvania, North Carolina and Virginia

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Maureen, Mary Beth, gay news, Washington Blade
Maureen, Mary Beth, gay news, Washington Blade

Maureen Hennessey (right) with her late spouse Mary Beth is a widow plaintiff in a Pennsylvania lawsuit seeking marriage equality (Photo courtesy of ACLU Pennsylvania).

For lesbian widow Maureen Hennessey, winning same-sex marriage in Pennsylvania isn’t just about obtaining Social Security and tax benefits, but the dignity of having her relationship with her late partner of 29 years recognized by her state.

“There are some financial changes that legalizing marriage in Pennsylvania would bring about, but even just the whole respect and relationship being validated, that’s the whole part of it,” Hennessey said. “That’s what really would make a difference.”

Hennessey, 53, is one of 11 plaintiff couples in a federal lawsuit that the American Civil Liberties Union was set to file on Tuesday asking the U.S. District Court for the Middle District of Pennsylvania to overturn the Keystone State’s statutory ban on same-sex marriage. The complaint can be found here.

Building off the win at the U.S. Supreme Court in the case it filed against the Defense of Marriage Act on behalf of lesbian widow Edith Windsor, the ACLU is filing the Pennsylvania lawsuit as part of a group of three new lawsuits that seek to advance marriage equality in different parts of the country.

In addition to the Pennsylvania lawsuit, named Whitewood v. Corbett, the ACLU is also undertaking cases seeking marriage equality in North Carolina and Virginia.

The North Carolina lawsuit is amending the complaint in the case of Fisher-Borne v. Smith, a lawsuit on behalf of six plaintiff couples who previously sought second-parent adoption rights. The ACLU was also set to amend its lawsuit in the North Carolina case on Tuesday, although a copy of the complaint wasn’t immediately available.

Marcie Fisher-Borne, Chantelle Fisher-Borne, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality

Marcie and Chantelle Fisher-Borne (Photo courtesy of the ACLU)

Chantelle Fisher-Borne, a 38-year-old non-profit consultant and one-half of the lead plaintiff couple in the case, said there are many reasons why she wants her union to her partner of 15 years recognized as a marriage in North Carolina, which just last year passed a constitutional ban on same-sex marriage.

“Some of them involve benefits such as health insurance, or the same issues we have around the parenting things we have with our children, being able to really have the legal recognition we have in our hearts as a married couple,” Fisher-Borne said. “It provides a kind of safety that most couples and parents want and many have but we don’t.”

In Virginia, the lawsuit is still in its planning phases — no plaintiffs have yet been chosen for the case — although the ACLU anticipates filing it later this summer.

James Esseks, director of the American Civil Liberties Union’s LGBT Project, said his organization is filing the lawsuits to add its voice to the seven lawsuits already pending in federal court seeking a nationwide ruling in favor of marriage equality.

“We are adding our voices to those cases in bringing plaintiffs with compelling stories with decades of commitment and the ways in which they’re harmed by not being able to marry,” Esseks said. “And we’re hoping to bring their stories both to the American public and to courts that have a good shot at giving the issues a fair hearing.”

The Pennsylvania lawsuit, which challenges the state’s ban on same-sex marriage on the basis that it violates plaintiffs’ due process and equal protection rights under the Fourteenth Amendment, emphasizes the loss of benefits for the couples and their children.

The 52-page complaint in the Pennsylvania case also draws on the Supreme Court’s decision in United States v. Windsor as legal precedent for why the federal court should strike down state’s ban on same-sex marriage.

“The fact that a discriminatory law is long-standing does not immunize it from constitutional scrutiny,” the complaint states. “And the Supreme Court has made clear that the law cannot, directly or indirectly, give effect to private biases and has expressly rejected moral disapproval of marriage for same-sex couples as a legitimate basis for discriminatory treatment of lesbian and gay couples.”

The plaintiff couples can be broken down into two categories. Six are seeking the right to marry in Pennsylvania, including Deb and Susan Whitewood, who gave their names to the lawsuit. Five other couples — like Hennessey, who lost her spouse Mary Beth McIntyre to lung cancer after having wed in Massachusetts — are looking to have their legal marriages recognized in Pennsylvania.

The couples include lawyers, a truck driver, a doctor, veterans, a stay-at-home mom and retirees. One couple is represented in the lawsuit by their children who are still minors and designated as A.W. and K.W.

Hennessey, who had three children with McIntyre and is expecting a fourth grandchild soon, said she’s particularly seeking Social Security survivor benefits, which are still in question after the DOMA ruling because she lives in state that doesn’t recognize same-sex marriage.

“I’m 53 years old, and Mary Beth was the primary bread-winner in the family,” Hennessey said. “So, her Social Security would be way higher than mine, unless I win the lottery.”

For Marcie Fisher-Bourne, who works for the American Cancer Society, the need for the legal recognition of her union became particularly salient on the day she gave birth to her daughter five years ago. The couple encountered problems even though they were legally married in D.C.

“When I transferred to the unit for recovery at one in the morning, the nurse looks at Chantelle and says, ‘Why is she here? Where is her paperwork?’ Marcie Fisher-Bourne said. “So when you ask, why will it matter here in North Carolina, to me, that’s a really good example. On that day, on the day that our daughter was born, I would not have had to fish through my emergency suitcase to find health care power of attorney papers so my spouse could be beside me when our first child was born. So, yes, it matters.”

And there’s optimism in the air plaintiffs will able to win marriage equality, particularly in the wake of the Supreme Court’s decision finding DOMA unconstitutional. Hennessey predicted the lawsuit is “definitely going to succeed.”

“I don’t think it’ll happen overnight, but I know that the legislators in Harrisburg are probably want to drag their feet as much as possible,” she said. “But we’re going to push it forward, and I think that the people, I think that the population is ready to accept same-sex marriages, and I think that it will happen.”

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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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