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Same-sex marriages begin in New Jersey

Gov. Chris Christie on Monday announced his administration will drop appeal of marriage ruling

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Gov. Chris Christie on Monday announced his administration would not appeal a decision that extended marriage rights to same-sex couples in his state. (Blade file photo by Michael Key).

Gov. Chris Christie on Monday announced his administration would no longer appeal a decision that extended marriage rights to same-sex couples in his state. (Blade file photo by Michael Key).

New Jersey Gov. Chris Christie on Monday announced his administration will no longer challenge a court ruling that extended marriage rights to same-sex couples.

“Chief Justice Rabner left no ambiguity about the unanimous court’s view on the ultimate decision in this matter when he wrote, ‘same-sex couples who cannot marry are not treated equally under the law today,'” Christie spokesperson Colin Reed said, referring to the state Supreme Court’s unanimous decision on Friday that denied the governor’s request to postpone Mercer County Superior Court Judge Mary Jacobson’s Sept. 27 ruling that found the state’s civil unions law prevents same-sex couples from obtaining federal marriage benefits until the justices rule on his administration’s appeal of it. “Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey Constitution and, therefore, same-sex marriage is the law.”

Christie’s announcement comes hours after gays and lesbians began to exchange vows in the Garden State.

Lambertville City Councilwoman Beth Asaro and Joanne Schailey, who in 2007 became the first same-sex couple to take advantage of New Jersey’s civil unions law, exchanged vows during a brief ceremony that Lambertville Mayor David DelVecchio officiated at midnight.

“We remained optimistic and hopeful that we would be able to get together and do the just thing, the right thing,” DelVecchio said. “Now we’re here.”

Newark Mayor Cory Booker, who defeated former Bogota Mayor Steve Lonehan last week to succeed the late-U.S. Sen. Frank Lautenberg (D-N.J.), officiated seven same-sex weddings at Newark City Hall shortly after Asaro and Schailey tied the knot. A heckler briefly interrupted the proceedings before security personnel escorted him out of the building.

Jersey City Mayor Steven Fulop married eight gay and lesbian couples at Jersey City Hall after midnight.

Louise Walpin and Marsha Shapiro of Monmouth Junction, who filed a lawsuit seeking marriage rights in 2011 on which Jacobson ruled, exchanged vows at the home of state Sen. Ray Lesniak (D-Elizabeth) shortly after midnight. Senate Majority Leader Loretta Weinberg (D-Teaneck) walked the two women down the aisle.

Steven Goldstein, founder of Garden State Equality, an LGBT rights group, read a Jewish blessing.

14 states and D.C. now allow gays and lesbians to marry.

The New Mexico Supreme Court on Wednesday is scheduled to hear oral arguments in a case that is expected to determine whether same-sex couples can legally marry throughout the state. LGBT rights advocates have filed lawsuits on behalf of gays and lesbians seeking to exchange vows in Pennsylvania and other states that include Virginia, Ohio, Nevada and New Mexico.

Illinois lawmakers this week are poised to potentially debate a measure that would extend marriage rights to same-sex couples. Lawmakers in Hawaii will consider the issue in a special legislative session that begins on Oct. 28.

Oregon officials on Oct. 16 announced they would recognize same-sex marriages legally performed in other jurisdictions.

Observers noted Christie had little choice but to drop his appeal of Jacobson’s decision.

“The handwriting was on the wall as clearly as it could possibly be,” Larry Lustberg, a lawyer who represented Walpin and Shapiro and the other plaintiffs in the 2011 case, told reporters on a conference call on Monday as he spoke about the state Supreme Court’s decision. “This was inevitable.”

Hayley Gorenberg of Lambda Legal said during the same conference call that the justices’ ruling is “the last word from the court and marriage equality is now the law in New Jersey.”

Log Cabin Republicans Executive Director Gregory T. Angelo applauded Christie’s decision to drop his appeal of Jacobson’s ruling.

“Governor Christie apparently knew he was fighting a losing battle in continuing to fight against marriage equality in the Garden State,” Angelo said in a statement. “Rather than engage in legal gymnastics, decided to plant himself on the right side of history. Log Cabin Republicans thanks Governor Christie for doing the right thing.”

National Organization for Marriage President Brian Brown sharply criticized the state Supreme Court and Christie.

“The refusal of the New Jersey Supreme Court to order a stay of the same-sex ‘marriage’ ruling was wrong, and the latest example of an activist judiciary running amok, substituting their views for those of the people of the state,” he said. “Still, we are extremely disappointed in Gov. Chris Christie for withdrawing the state’s appeal of the underlying decision, effectively throwing in the towel on marriage. The mark of a leader is to walk a principled walk no matter the difficulty of the path. Chris Christie has failed the test, abandoning both voters and the core institution of society – marriage as the union of one man and one woman.”

New Jersey, gay, gay marriage, Washington Blade

Same-sex couples celebrate their weddings inside Jersey City Hall in Jersey City, N.J., on Oct. 21, 2013. (Photo courtesy of Nathan Bullock)

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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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