National
Vote nears on Boy Scouts gay ban
National Council expected to weigh in next week
All eyes will be on the Boy Scouts of America next week when members of the National Council vote on whether to partially lift a ban that LGBT advocates have sought to remove for at least a decade.
On May 23, 1,400 members of the National Council will gather at the National Annual Meeting in Dallas and take action on the pending resolution, which would allow all youths to participate in the Boy Scouts regardless of sexual orientation.
However, the resolution leaves in place the rule prohibiting openly gay adults from participating as leaders in the Boy Scouts. Further, the proposal maintains youth adhere to a “duty to God” and behavior consistent with the highest level of good conduct.
Zach Wahls, a 21-year-old activist and Eagle Scout — who gained notoriety for speaking on behalf of his lesbian parents before the Iowa Legislature — is the leading voice for a group called Scouts for Equality that is urging the Boy Scouts to adopt the change.
“The resolution that the Scouts are voting on clearly is not fully adequate,” Wahls said. “It still sends, I think, potentially harmful messages to the youth — both gay and straight — about discrimination being OK. That being said, I think it’s absolutely a step in the right direction, which is going to get started going down their path of evolution, as it were. And we all kind of know where evolution goes.”
Wahls said Scouts for Equality for the last two-and-a-half months has been mobilizing grassroots supporters across the country to talk with parents, scout leaders and scout masters about support for changing the gay ban.
“That really can only happen within the scouting community,” Wahls said. “It was through those conversations our incredible grassroots volunteers on the ground that we were able to identify and have conversations indirectly with huge amounts of voting members.”
In February, amid heightened calls for the organization to end its gay ban, the Boy Scouts started a review process to consider the impact of a change. Part of the review consisted of a questionnaire sent to members asking them if they’re OK with certain hypothetical scenarios involving gay scouts and whether they support or oppose lifting the ban.
The decision to partially lift the gay ban in the Boy Scouts may be an attempt to mollify religious groups affiliated with the Boy Scouts. According to the organization’s website, seven in 10 units in the Boy Scouts are chartered to faith-based organizations.
In response to a request for comment from the Washington Blade, the Boy Scouts provided an organizational statement maintaining the issue of allowing openly gay scouts to participate in the organization is a complex one.
“Scouting’s review confirmed that this remains among the most complex and challenging issues facing the BSA and society today,” the response reads. “Even with the wide range of input, it is extremely difficult to accurately quantify the potential impact of maintaining or changing the current policy. While perspectives and opinions vary significantly, parents, adults in the Scouting community, and teens alike tend to agree that youth should not be denied the benefits of Scouting.”
According to recent polls, a majority of the American public wants the Boy Scouts to lift its gay ban. A Washington Post/ABC News poll published on May 9 found that 63 percent back the idea of allowing gay youth to participate while 56 percent oppose the continued ban on participation from gay adults.
Asked whether he’s confident the resolution will be approved, Wahls replied, “As a Boy Scout, our motto is ‘Be Prepared.’ So we’re prepared for any kind of outcome, but we are feeling really, really good about where we are.”
But anti-gay activists are also at work urging the Boy Scouts to maintain its policy prohibiting out youths from participating. An organization called On My Honor is leading these efforts. It didn’t respond to the Washington Blade’s request for comment.
Ending the gay ban in the Boy Scouts is a goal that the LGBT community has long pursued. In 2000, a case known as Dale v. Boy Scouts was argued before the U.S. Supreme Court by Evan Wolfson, now president of Freedom to Marry. He maintained New Jersey’s enforcement of its non-discrimination law to prohibit the Boy Scouts, as a place of accommodation, from banning gay scouts wasn’t a violation of the First Amendment. However, the court determined in a 5-4 decision that current policy for the organization was constitutional.
Texas Gov. Rick Perry (R) has emerged as one of the most high-profile voices in opposition to lifting the gay ban. Last week, as reported by Right Wing Watch, the former Republican presidential candidate appeared on a Family Research Council webcast urging the Boy Scouts to resist the “flavor of the month” by changing its policy.
“The fact is, this is a private organization,” Perry said. “Their values and principles have worked for a century now, and for pop culture to come in and try to tear that up because it just happens to be the flavor of the month, so to speak, and to tear apart one of the great organizations that have served millions of young men — to help them become men and become great fathers — that is just not appropriate.”
Wahls responded to Perry’s position by saying the Texas governor is entitled to his views, but they’re at odds with the American people.
“It’s a free country,” Wahls said. “Gov. Perry can offer his opinion. It doesn’t change the fact that a strong majority of Americans want to lift the ban, and keeping the ban in place is highly detrimental to the future of scouting.”
CORRECTION: An initial version of this article mischaracterized attorney Evan Wolfson’s attorney argument against the Boy Scouts gay ban in 2000. The Blade regrets the error.
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.”

