National
NETROOTS: Bloggers, activists discuss LGBT issues at pre-conference
Greater trans inclusion, more accurate representation of LGBT people in media among topics mentioned
MINNEAPOLIS — More complete representation of the LGBT people in the media and greater attention to transgender issues were among the issues bloggers and activists discussed on Wednesday during an LGBT pre-conference for the annual Netroots Nation convention.
About 115 activists and bloggers were registered for the pre-conference — organized by gay D.C. blogger Mike Rogers — to facilitate greater cooperation for shared goals in the LGBT movement.
During an opening session of pre-conference, LGBT bloggers and activists aired concerns and made observations about issues that they felt weren’t receiving enough national attention.
* Pam Spaulding, lesbian blogger for Pam’s House Blend, said too much national attention is focused on advancing marriage rights in states where they don’t exist or retaining marriage equality in states where it may be taken away.
Meanwhile other states, such as North Carolina and Minnesota, face the possibility of passing marriage amendments even though they have statutes prohibiting same-sex marriage. Minnesota voters face a ballot measure in 2012 and North Carolina will also likely face one in 2012.
“I’ve heard people say that it’s a lost cause to do anything in the South, but North Carolina staved off an amendment six times in a row,” Spaulding said. “So, I think that there is a lot of … people who have ‘blue’ state protections who ignore places where there’s a lot of activism going on and the distinct possibility that we could stave this off.”
* Jillian Weiss, a transgender blogger for the Bilerico Project, urged for greater emphasis on transgender inclusion. Even for LGBT issues that primarily affect gay, lesbian and bisexual people, Weiss said there should an effort to show how the issue affects transgender people.
“To use a prime example is ‘Don’t Ask, Don’t Tell,’ where [we’re] concentrated specifically on gay and lesbian soldiers, which is definitely very important, and I’m behind that 100 percent, but very few people talk about the fact that it’s leaving transgender and transsexual veterans behind,” Weiss said. “If we don’t speak about these other portions of the community, they get completely lost.”
* Daniel Villarreal, a gay blogger for Queerty, said greater pressure should be placed on media to include representation for all parts of the LGBT community, including LGBT people of color.
“GLAAD just released a report that looks mainly at cable and networks’ depictions of queer people,” Villarreal said. “The number of bisexual, lesbian and transgender people are incredibly low, depressing low. Not only that, the numbers of minorities are incredibly low.”
Villarreal said all media — even LGBT media — should be “taken to task” for not accurately representing the LGBT community as a whole.
“The only time I ever see a black guy outside of RuPaul’s Drag Race on Logo is in an HIV commercial, and that’s pretty fucking sad,” Villarreal said.
* Felipe Matos, a gay Miami-based strategist, said more attention should focused on the pressures LGBT immigrant youths face. Matos said after coming out, LGBT immigrant youths are often ostracized from their communities, and, if they’re undocumented, could be apprehended by the police and deported.
“When you come out, many times you are, in your community and outside your community, you are hurt and then you don’t have any recourse [or] anyone to go to because you are afraid the police is going to deport you,” Matos said.
As part of his work with an youth group in Florida, Matos said these situations happen “over and over again.” LGBT youths, he said, are afraid to talk about their sexual orientation or gender identity for fear of being cast aside and potentially deported.
* Christopher Edwards, communications manager for Immigration Equality, said there should be greater emphasis on the impacts that state immigration laws have on LGBT people. Pending legislation in Utah, Edwards said, would increase the penalty for harboring undocumented immigrants and prevent bi-national couples from staying together in the state.
“A lot of bi-national families include a partner who is undocumented, so you could basically be arrested for living with your partner,” Edwards said.
Edwards also said his organization is having “a horrible time” convincing Sen. Amy Klobuchar (D-Minn.) to sign on as a co-sponsor of the Uniting American Families Act, which would enable gay Americans to sponsor their foreign spouses for residency in the United States.
* Zack Ford, a gay blogger with Think Progress, said activists should devise a better way to present the sexuality of LGBT people as more mainstream. In the fight for same-sex marriage, Ford said LGBT people have moved away from presenting themselves as sexual beings.
“We’ve hidden our sexuality from the mainstream world, but I think as long as that ick factor works against us, we need to find ways to show we’re not just people that deserve to be married, but whole, healthy, happy human beings,” Ford said. “I think finding some better approaches to talking about queer sexuality in a positive, affirmative way will be very helpful.”
* Jeremy Hooper, the gay blogger for Good as You, said LGBT activists could do better with the way they talk about same-sex marriage and how it wouldn’t impact religious freedom.
“From my experience, LGBT people and progressives are better at understanding true religious freedom than the opposition, yet we let them work the idea that we’re seeking something more … than [what] we deserve,” Hooper said. “We don’t want churches to marry us. We’re not asking for that. What we’re seeking is civil marriage.”
Several breakouts sessions followed the opening sessions of the LGBT pre-conference and hit on topics including the intersection of immigration and LGBT issues as well as fitting the fight for same-sex marriage into the broader LGBT movement.
For the immigration session, activists working for passage of the DREAM Act, an immigration bill that would provide a path to U.S. citizenship for young, undocumented youths, called on the LGBT community for greater supporter.
* Tania Unzueta, advocacy co-ordinator for the Association of Latino Men for Action’s LGBTQ Immigration Rights Project, said LGBT rights supporters should have been made last year when Sen. Mark Kirk (R-Ill.) voted for “Don’t Ask, Don’t Tell” repeal, but against the Development, Relief and Education for Alien Minors Act.
“There really wasn’t anything from the LGBT community that was like, ‘This was bad,'” Unzueta said. “It was always, ‘Thank you, thank you, thank you.'”
Unzueta said her organization has been devising ways to change the discussion on LGBT issues and immigration issues to demonstrate that they are, in fact, both part of the larger struggle for human rights.
In the marriage session, activists and bloggers talked about whether the fight for same-sex marriage had become too much of a priority for the LGBT community and making other issues secondary.
* Andy Szekeres, a gay activist and progressive political consultant, said the fundraising that groups undertake to win same-sex marriage can be used for the fights to win other battles.
“Marriage is where the money is,” Szekeres said. “Look at the trans groups, look at the adoption groups, look at the immigration groups. The marriage world is 10-1 fundraising over them, so we need to figure out a way to sort of spread the wealth.”
* Carisa Cunningham, director of public affairs and education for Gay & Lesbian Advocates & Defenders, said the fight for marriage came about to address fundamental issues facing the LGBT community.
“I think the question of whether it’s strategic is kind of neither here nor there,” Cunningham said. “It’s here because we went through the AIDS epidemic and gay men found that at the end of their lives, they could not have their partners come and see them in the hospital [or] make medical decisions for them. Gsy men found that they could not have any say over their partner’s bodies when they died and their partner’s families could come, swoop in and take everything away.”
Cunningham continued, “The other thing was the lesbian baby boom. Women were leaving straight marriages and finding out that they had no rights vis-a-vis their children or they were creating families with their partners and finding again that rights that come to you vis-a-vis your children automatically by marriage have to fought for. There is a real sense that the marriage movement has demand-driven; it has been driven by the bottom up.”
CORRECTION: An earlier version of this article underestimated the number of attendees at the LGBT pre-conference. The Washington Blade regrets the error.
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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