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General says open service would be problematic

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A retired general who supports “Don’t Ask, Don’t Tell” raised eyebrows last week when he said open service in a foreign military led to a horrific massacre and suggested lifting the U.S. ban would lead to sexual assault.

During a hearing March 18 before the Senate Armed Services Committee, Gen. John Sheehan, a former commander for U.S. Atlantic Command, said lifting the ban on open service in the Netherlands contributed to the country’s inability to prevent the Srebrenica massacre in 1995.

The event, in which the Serbian military executed more than 8,000 Bosniak men and boys, occurred after a United Nations protection force of around 400 Dutch peacekeepers failed to stop the massacre.

Sheehan, who retired from the U.S. military 13 years ago, identified this event as a product of the how the Dutch — as well as other militaries throughout Europe — dropped their bans to include “open homosexuality” as part of the liberalization of these armed forces following the collapse of the Soviet Union.

“They declared a peace dividend and made a conscious effort to socialize their military,” he said. “They did not believe the Germans were going to attack again or the Soviets were coming back. That led to force that was ill-equipped to go to war.”

Sheehan said he heard from a former Dutch military leader that the Srebrenica killings were the result of the liberalization of the armed forces, which he called an effect of “social engineering.”

But Senate Armed Services Committee Chairman Carl Levin (D-Mich.) rebuked the notion that the massacre was the result of allowing gays to serve openly in the Dutch military.

“Any effort to connect that failure on the part of the Dutch to the fact that they have homosexuals or did allow homosexuals, I think, is totally off target,” he said. “I’ve seen no suggestion of that.”

Levin said the failures of Srebrenica were the result of Dutch troops being trained as peacekeepers and not what was required to conduct the mission.

In a statement provided by Levin, Dutch Ambassador to the United States Renée Jones-Bos said he “couldn’t disagree more” with Sheehan’s comments and that he takes pride in how lesbians and gays are allowed to serve openly in the Dutch military.

“The military mission of Dutch U.N. soldiers at Srebrenica has been exhaustively studied and evaluated, nationally and internationally,” he said. “There is nothing in these reports that suggests any relationship between gays serving in the military and the mass murder of Bosnian Muslims.”

Sheehan also expressed concern that open service would lead to sexual assault in the military, as well as other problems should gay service members engage in inappropriate contact with other troops.

Recalling his days in the Vietnam War, Sheehan said there was incident in which a young Marine was being molested by his sergeant in a foxhole. Sheehan noted that the two fought, and a machine gun section near the foxhole opened up and almost killed a combat patrol.

When the young Marine reported this incident, Sheehan said there was a disruption in unit cohesion because the sergeant denied molesting the young Marine and many didn’t believe the allegations.

“For about three days, that unit divided down the middle,” Sheehan said. “Those that supported the popular squad leader, [and] those that kind of thought the new kid might be believable.”

An end to divisiveness came, Sheehan said, when the sergeant committed the same offense three days later.

“But the real tragedy of this story is the young [private] continually insisted for a long period of time that nobody in his organization believed that it happened,” he said. “He lost faith in his chain of command.”

To further his case about concerns on sexual assault, Sheehan also cited a report from the Defense Department last year noting a net increase of 3,200 sexual assaults in the military. He said 7 percent of these incidents — or about 226 — were male-on-male assaults.

“I would stipulate that from my days in Vietnam in the early 60s, when I had this sergeant that almost got a combat patrol killed, to the 226 male soldiers and Marines who were molested, that there’s something wrong with our sexual behavior policy,” he said.

Sen. Joseph Lieberman (I-Conn.), the sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the Senate, said he didn’t share the view that open service would lead to sexual assaults in the military.

“The episode you gave of the sexual assault, Gen. Sheehan, with one man assaulting another man, could, of course, easily and unfortunately does happen more with a man assaulting a women in uniform,” he said.

Lieberman noted statistics Sheehan gave of 7 percent of assaults being male-on-male means 93 percent are heterosexual assault.

“I know there may be fears that if we repeal ‘Don’t Ask, Don’t Tell,’ there’ll be behavior inconsistent with good order and discipline, including sexual assault,” Lieberman said. “But if that happens, they’ll be held to the same account and discipline.”

Two witnesses who testified in favor of repealing “Don’t Ask, Don’t Tell” were Michael Almy, a gay former Air Force communications officer, and Jenny Kopfstein, a lesbian former Navy surface warfare officer. Almy was discharged from service under the ban in 2006 and Kopfstein was discharged in 2002.

Sen. John McCain (R-Ariz) asked both Almy and Kopfstein whether they favored a “thorough, complete” review of “Don’t Ask, Don’t Tell,” as is currently underway in the Pentagon.

Kopfstein said she didn’t have a problem with the review, but that it’s clear the law should be changed.

Almy, however, said he doesn’t favor the study because other changes have taken place in the military without such work.

“We have not done this on any other issues with regard to change to the military — as far as, most recently, putting women in submarines, women in the service academies,” he said. “We did not survey the forces then on those issues. The military is not a democracy. I don’t see this issue as any different, senator.”

McCain said he was “confused about” the opposition to conducting the Pentagon study as means to find out whether “Don’t Ask, Don’t Tell” should be repealed.

“I will continue to argue and fight for whatever I can to make sure that we have a thorough, objective review of the impact on the military of the change of this law,” McCain said. “I think the men and women who serving in the military deserve no less.”


A number of committee members during the hearing expressed their personal viewpoints on “Don’t Ask, Don’t Tell.” Sen. Jim Webb (D-Va.), who’s seen as a swing vote on repeal this year, emphasized the importance of waiting for the completion of the Pentagon review before taking action.

“I don’t want to predict at all where this is going to go,” he said. “I just think that it is vital that we can say to the people in the military and the American people that we’ve been responsible in terms of how a decision has been made.”

But Sen. Roland Burris (D-Ill.) said that in response to the stories of people who are being expelled under “Don’t Ask, Don’t Tell,” a moratorium should be placed on the law’s enforcement to prevent further discharges.

“I think that we need to put a moratorium on this situation right now — don’t let anyone be discharged from the military because of their sexual orientation until we can change this law,” he said.

Following the hearing, Servicemembers Legal Defense Network Executive Director Aubrey Sarvis said the hearing showed “a stark, realistic division” between young service members and retired members of the military from Sheehan’s generation.

“By and large, today’s warriors are fine with gays and lesbian serving openly,” he said. “Obviously, Gen. Sheehan, like some of the joint chiefs, are expressing resistance, dragging their feet.”

But Sarvis said the process that’s underway is examining how to bring about open service in the military “in a smooth, orderly way.”

“That’s what this debate should be about — it should be how,” he said. “It’s not if, it’s not whether, it’s about how we bring about this change.”

Last week’s Senate Armed Services Committee hearing occurred alongside other events that brought attention to “Don’t Ask, Don’t Tell,” including Servicemembers Legal Defense Network’s lobby day on Capitol Hill; the Human Rights Campaign’s rally on Freedom Plaza; and an act of civil disobedience by gay U.S. Army Lt. Dan Choi, who handcuffed himself to the White House gates in protest of the law.

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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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