National
Another march in 2012?
L.A. activist says protest gathering needed to push Congress on gay issues
Veteran lesbian activist Robin Tyler of Los Angeles says she’s talking to LGBT leaders and organizations across the country about the possibility of a national march on Washington for equality in May 2012.
In a statement released to the Blade on Thursday, Tyler said she first proposed the idea of a 2012 LGBT march in the weeks following the election of Barack Obama as president in 2008. Tyler has helped to organize LGBT Washington marches in 1979, 1987, 1993 and 2000.
She said an LGBT march on Washington held in October 2009 and a series of street protests during the past year by the direct action group Get Equal played a key role in what she called the few LGBT advances under the Obama administration, including the repeal of “Don’t Ask, Don’t Tell.” She was not involved in organizing the 2009 march.
“The fact is, without continuous protests that Get Equal, Dan Choi, Robin McGhee and others did, I believe, as so many others do, that DADT would not have been struck down,” Tyler said.
She said the main objection by some activists to holding another national march is it would take away resources and divert attention from needed LGBT activism in the states. At the time the 2009 LGBT march was being planned, skeptics said it would have little impact on members of Congress who don’t support LGBT rights.
A more effective way to prompt action by Congress would be visible activity and lobbying by constituents from lawmakers’ homes states rather than a march or rally in Washington, the critics said.
Tyler said the process of organizing a national march would trigger more activity in the states than what is currently taking place under the leadership of both state and national LGBT groups.
“[L]arge national marches on Washington, which take over a year to do on that scale, produce activists and activity from every state,” she said.
Rea Carey, executive director of the National Gay and Lesbian Task Force, and Fred Sainz, spokesperson for the Human Rights Campaign, said their respective groups had yet to take a position on whether another LGBT march on Washington should take place in 2012.
Carey said Tyler would have an opportunity this spring to discuss her idea for a march at a meeting of the National Policy Roundtable, an informal group of executive directors of many of the national LGBT organizations. Carey said the date of the meeting has yet to be scheduled.
“We have met with Robin Tyler and have listened to her ideas about a march,” Sainz said. “Beyond that, we haven’t formulated an opinion one way or the other.”
Veteran LGBT and AIDS activist Cleve Jones, the lead organizer and spokesperson for the 2009 march, could not be reached for comment on Tyler’s proposed 2012 march. Veteran gay Democratic activist David Mixner did not return calls seeking comment on a 2012 march. McGehee, the GetEqual leader who worked with Jones to organize the 2009 march, said she would release a statement later this week.
LGBT activists had mixed views on the impact of the 2009 march, which took place Oct. 11, 2009. It included a march from the White House to the Capitol and a rally on the Capitol’s west lawn. Many of the nation’s most prominent LGBT leaders and activists spoke. Recording star Lady Gaga also spoke at the event.
Some supporters and organizers said the march drew more than 100,000 people. But others put the total at about 30,000. U.S. Park Police, who in the past gave an official estimate of crowds attending marches and rallies at the Capitol or on the National Mall, stopped giving such estimates years ago.
In association with the 2009 march, Jones, McGehee and other activists formed an organization called Equality Across America, which served as an umbrella group to help organize and raise money for the march.
At the time of the march, Jones said Equality Across America would continue after the march to organize an LGBT activist presence in all 435 U.S. congressional districts, as a spin-off of the activism generated by the march.
But according to Tod Hill, an official with the Tides Center, a San Francisco-based consulting group for progressive, non-profit organizations, Equality Across America ceased operating and dissolved sometime in 2010. He said the Tides Center managed the finances of Equality Across America.
No information could be found to show whether Equality Across America carried out activity in congressional districts before the group disbanded last year.
“I’m not aware of anything that came out of that,” said D.C. gay Democratic activist Peter Rosenstein. “The fact that we took such a beating in the House and Senate elections last year indicates they weren’t very effective if they did, in fact, do something.”
Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance of D.C., said another national march would be a “complete waste of time, money and effort.” He said national marches in the nation’s capital organized by a wide range of groups and causes are so common that they have become “a dime a dozen” and Congress and the public pays little attention to them.
“What we really should to be doing is the hard work our movement so badly needs throughout the country and not engaging in another self-indulgent march in Washington,” he said.
Gay activist Dan Choi, the former U.S. Army lieutenant who made national headlines by chaining himself to the White House fence to protest the “Don’t Ask, Don’t Tell” law, said he supports the idea of another march.
“I do think a march would be very strategically important, especially before the conventions of both parties,” he said. “And I think we’re ready to do it. The young people and the grassroots activists who were so empowered in 2009 – they’re ready to do it.”
Tyler said “massive street actions” historically have made a difference in the U.S. and elsewhere in prodding political leaders and governments to take action they would otherwise be unwilling to take.
“If you think mass actions do not work, look at what is happening in Egypt right now,” she said.
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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