National
Reid recommits to ‘Don’t Ask’ repeal in lame duck
Senators talk of extending session to vote on gay ban

Senate Majority Leader Harry Reid reaffirmed on Monday his commitment to bring a vote "Don't Ask, Don't Tell" repeal (Blade photo by Michael Key).
Senate Majority Leader Harry Reid (D-Nev.) reaffirmed on Monday his commitment to bring “Don’t Ask, Don’t Tell” repeal to vote in the lame duck session of Congress amid fears other legislative priorities will bump the issue from the agenda.
Reid pledged to repeal “Don’t Ask, Don’t Tell” by year’s end on the Senate floor as he described a litany of legislative items he wants the chamber to take on during lame duck, including passage of the DREAM Act, renewing tax cuts for middle class families and ratification of the START Treaty.
“We’re also going to repeal the discriminatory ‘Don’t Ask, Don’t Tell’ law,” Reid said. “We’re going to match our policy with our principles and finally say in the United States, everyone who steps up to serve our country can be welcome.”
Legislation to repeal the military gay’s ban is pending before the Senate as part of the fiscal year 2011 defense authorization bill. A previous attempt to bring the legislation to the Senate floor in September failed when a united Republican caucus blocked consideration of the measure.
Many senators — including Sens. Susan Collins (R-Maine), Olympia Snowe (R-Maine) and Blanche Lincoln (D-Ark.) — said they wanted a more fair amendment process with more amendments for the minority as a condition to moving forward with the legislation.
In his remarks, Reid said Republicans are blocking consideration of the defense authorization bill because they don’t believe they have the votes to take out the “Don’t Ask, Don’t Tell” provision by amendment once the legislation reaches the floor.
Reid said when Republicans refuse to debate the defense authorization bill, they also “hold up a well-deserved raise for our troops, better health care for our troops and their families” as well as other important initiatives for the U.S. military.
A White House official, who spoke on condition of anonymity, also affirmed President Obama wants Congress to repeal “Don’t Ask, Don’t Tell” before lawmakers adjourn for the year.
“The White House remains fully committed to passage of the National Defense Authorization Act, including the repeal of ‘Don’t Ask, Don’t Tell,’ during the lame duck,” the official said. “This is a priority for the president, and are we confident that the Congress will be able to address this issue this year.”
Concern that “Don’t Ask, Don’t Tell” repeal may have fallen from the schedule emerged when Reid offered remarks earlier in the day and didn’t include the defense authorization bill as among the legislative items for which he would file cloture on Monday.
Instead he listed other items, including the DREAM Act and legislation that would provide healthcare benefits and compensation to workers who responded to Ground Zero during the Sept. 11, 2001 terrorist attacks.
Reid only mentioned the defense authorization bill after Senate Armed Services Committee Chair Carl Levin (D-Mich.) reminded him on the floor to say something about the legislation.
The majority leader responded by saying he had bipartisan conversations on Sunday about trying to find a way to move forward with the defense authorization bill.
“The issue on that, Madam President, is what we do with amendments,” Reid said. “And without belaboring the point here, I would be happy to consider doing a number of amendments if we had time agreements on those amendments. But to just have an open process — at this stage, I don’t see how we can do that.”
Jim Manley, a Reid spokesperson, said Reid didn’t include “Don’t Ask, Don’t Tell” among the items on which he would file cloture on Monday because the Senate leadership is still in talks to find enough Republican support to move forward with the defense authorization bill.
“Discussion are ongoing that involve Sen. Levin, Sen. [Joseph] Lieberman, Sen. Collins and others about trying to put together a debate that will satisfy folks and both of the aisle,” Manley said.
Manley said he couldn’t make a prediction on when these discussion would conclude, but said Reid remains committed to bringing up the legislation to a vote during lame duck.
Despite the commitment from Reid for a vote on “Don’t Ask, Don’t Tell,” concerns that time will run out before lawmakers act persist.
In a brief exchange with the Washington Blade on Capitol Hill, Senate Armed Services Committee Chair Carl Levin (D-Mich.) expressed concerns about being able to move forward with the defense authorization in the limited time that remains in the session.
“The longer this go on the more difficult it becomes, but I’m obviously … still hopeful,” Levin said.
Christopher Neff, deputy executive director of the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, acknowleged that time is an issue as he said he still sees a path forward for repeal.
“The calendar, in my estimation, has always been a bit more difficult than the vote count, but I do think that there are scenarios where this can be finalized for a signature before Congress adjourns,” Neff said.
Neff cited what he perceived as Obama’s commitment to repeal as a reason for why repeal can still happen and noted a recent call the president made to Levin against stripping the defense authorization bill of its “Don’t Ask, Don’t Tell” language.
“President Obama has shown strong leadership in reaching out to Sen. Levin and to Sen. Reid to try to move this process forward,” Neff said. “I think the White House has taken a leadership role on this and they want to see it delivered and I think there’s more to be done.”
Talk is emerging about extending the legislative session beyond what was previously planned to accomodate a vote on “Don’t Ask, Don’t Tell” repeal.
During his earlier remarks, Reid set Dec. 17 as the target date for when he wants the Senate to adjourn for this Congress and said he doesn’t think his colleagues want to stay until Christmas Eve as they did last year.
But Manley said the Dec. 17 target date for adjournment is “not hard and fast” and “we’ll have to wait and see how long we’re going to need.” He added the entire Democratic caucus would agree to extending the session for that to happen.
In a statement, Sen. Mark Udall (D-Colo.) said the Senate should stay in session for until the remainder of the calendar year if that’s what’s necessary to complete legislative work before the chamber, such as passage of the defense authorization bill.
“It’s time to follow Elvis Presley’s advice — we need ‘a little less conversation, and a little more action,’” Udall said. “I’m willing to stay through Christmas and New Year’s, if that’s what it takes, to fight for middle-class tax relief, the defense authorization bill, public lands legislation — which means jobs for Coloradans — and other important work.”
On Monday, the Huffington Post reported that Lieberman and Sen. Kirsten Gillibrand (D-N.Y.) were in favor of extneding the legislative session to pass “Don’t Ask, Don’t Tell” repeal.
“Sen. Lieberman believes that there are at least 60 votes to repeal ‘Don’t Ask, Don’t Tell’ this year, provided that leadership allows time for sufficient debate and amendments,” Lieberman spokeswoman Erika Masonhall was quoted as saying. “Wanting to go home is not an acceptable excuse for failing to pass a bill that provides essential support for our troops and veterans and failing to take action that the president, the Secretary of Defense and the chairman of the Joint Chiefs of Staff have called for.”
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.”
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