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NETROOTS: Bloggers, activists discuss LGBT issues at pre-conference

Greater trans inclusion, more accurate representation of LGBT people in media among topics mentioned

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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.

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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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