National
EXCLUSIVE: Elizabeth Warren pledges to lead on LGBT rights
Senate hopeful calls on Obama to endorse marriage equality
Elizabeth Warren, who is running to unseat U.S. Sen. Scott Brown (R-Mass.), pledged to support a series of pro-LGBT initiatives and called on President Obama to endorse marriage equality in an exclusive interview with the Washington Blade on Tuesday.
Warren endorsed the idea of an executive order from President Obama that would require companies doing business with the U.S. government to have LGBT-inclusive non-discrimination policies for their workers.
“Any steps that the president can take toward non-discrimination benefit the whole country,” Warren said. “I don’t know how else to say it. It’s the right thing to do.”
The measure is sometimes referred to as the “ENDA” executive order because its effect would be similar to the Employment Non-Discrimination Act, but limited to federal contractors. The White House hasn’t said whether it will issue the directive.
Warren called on President Obama to complete his now 17-month-old “evolution” and endorse marriage equality. She also said she supports the call for a marriage equality plank in the Democratic Party platform this September.
Asked whether she wants Obama to finish evolving and support same-sex marriage, Warren chuckled and responded that was indeed her view.
“I want to see the president evolve because I believe that is right; marriage equality is morally right,” Warren said.
Warren expressed similar sentiments about the Democratic Party platform, saying it would build support for ending the anti-gay Defense of Marriage Act.
“I’d be glad to see it included in the Democratic platform,” she said. “It helps raise awareness of the impact of DOMA and it helps build support to repeal it.”
The platform committee is set to discuss language for the Democratic Party platform when it gathers for the Democratic National Convention Sept. 3 in Charlotte, N.C.
Warren, an expert on the American economy and personal finance, gained notoriety after she chaired the congressional oversight panel for the 2008 bank bailout program. She led the establishment of the Consumer Financial Protection Bureau that was set up by the 2010 Wall Street reform bill, and was a favorite among progressives to head the organization before she launched her Senate bid and Richard Courdray was recess appointed to the role.
Tico Almeida, president of Freedom to Work and among the chief advocates of the ENDA executive order, said “it makes perfect sense” for Warren to come out for the measure because it would ensure taxpayer money won’t go to work environments hostile to LGBT people
“I hope Ms. Warren will telephone President Obama and urge him to pick up his pen and sign the ‘ENDA Executive Order’ that his Justice and Labor departments have drafted and delivered to the White House for his signature,” Almeida said.
Evan Wolfson, president and founder of Freedom to Marry, also praised Warren for supporting the initiatives related to same-sex marriage and called on Obama and the Democratic Party to come into alignment with her views.
“We welcome Elizabeth Warren alongside the many other leaders, and the signers of our online petition, as we urge President Obama and the Democratic Party to stand with Presidents Clinton and Carter in the growing nationwide majority for marriage,” Wolfson said.
Warren, who’s already expressed support for DOMA repeal, also said during the interview that she would take a leadership role in efforts to repeal the 1996 anti-gay law if elected to the Senate.
“I think that DOMA is a terrible statute,” Warren said. “For forever, the federal government has permitted the states to define marriage, and now the federal government steps in and says, ‘Yeah, the states get to do it for most families, but not those families because we don’t like them.'”
If elected to the Senate, Warren would represent a state where more than 13,000 same-sex couples have been legally married. She said DOMA, which prohibits federal recognition of these unions, is “institutionalized discrimination.”
“Being a senator from Massachusetts, it’s possible not just to be a vote in the right direction, it’s possible to provide leadership,” Warren said. “I think that starts by calling out the statute on how wrong it is morally and counter to our basic legal foundation.”
Warren noted that DOMA means a same-sex couple married in Massachusetts won’t have access to federal benefits and that those with grown children, in some instances, can’t visit grandchildren in another state “without being treated during the visit as having a different marital status.”
“I think there’s already legislation pending, but it’s got to have some energy behind it and that means you’ve got to be willing to go out and talk about it — not only here in Massachusetts but around the country on national television to get out and make that case,” Warren said.
Warren conducted the interview with the Blade via phone after she visited Fenway Health, a Boston-based organization that provides health services to the LGBT community and conducts research and advocacy for LGBT health.
She called the work at Fenway Health “extraordinary” because the institute provides both health services and engages in research.
“What they see on the clinical side informs what they’re doing on the research side,” Warren said. “So they get ideas and they’re able to test them, and the two move back and forth. As a result, we have improvement in both health outcomes for those who go to the center. At the same time, developments in research help support advances in health care and other services for LGBT [people] around the country.”
Warren said the visit she paid to the institute was a reminder that community health centers are integral to providing health services. The health care reform measure President Obama signed into law in 2010 makes grants available to such institutions.
“Community health centers are very much supported by the Affordable Care Act,” Warren said. “Republicans have declared war on it — Scott Brown, my Republican opponent, and the Republican presidential candidates have said they will repeal the Affordable Care Act. That would be devastating to community health centers, not just Fenway, but community centers across the country.”
In September, the Department of Health & Human Services awarded the institute $248,000 to help create a national training and technical assistance center aimed at helping community health centers improve the health of LGBT populations.
Warren is running against Brown — a Republican senator representing a “blue” state. Brown won praise from LGBT advocates for voting in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but that was only after he twice voted against defense legislation that included repeal language.
Warren said Brown’s vote on “Don’t Ask, Don’t Tell” repeal was “a good vote” and that he should be commended for it, but added she’d step up the LGBT advocacy if elected to the Senate.
“I’ll be there on every vote,” Warren said. “I’ll be there not just to provide a vote, but leadership, and I think that’s what the LGBT community really needs.”
Warren praised Rep. Tammy Baldwin (D-Wisc.), who’s running for the open seat in Wisconsin in a bid that could make her the country’s first openly gay U.S. senator.
The two have set up a joint fundraising group called the Massachusetts-Wisconsin Victory Fund, which thus far has raised $171,250, and have appeared together in a joint fundraiser in Philadelphia hosted by donor Peter Buttenwieser.
“I was delighted to do the event with Tammy,” Warren said. “We actually did a second [event] together. We were out in San Francisco with other women senators and women challengers. And I hope we’ll have more opportunities to do that. I’d really love to see Tammy get elected. I worked with Tammy before, so I’m a big fan.”
Warren criticized the Republican presidential candidates for their anti-gay views. Each of the GOP hopefuls who’ve won any states — Mitt Romney, Rick Santorum and Newt Gingrich — backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country and rescind it in states like Massachusetts.
“I think their position is wrong,” Warren said. “They have a vision of America that does not represent who we are as a people and the kind of country we want to build.”
Over the course of her campaign, Warren said she’s spoken with LGBT organizations about a variety of subjects including LGBT rights, although she couldn’t immediately identify any of the groups. Earlier this month, the Human Rights Campaign endorsed her candidacy.
“We talked about health care issues, we’ve talked about economic issues, we’ve talked about justice issues — particularly on DOMA and marriage equality,” Warren said. “We’ve also had conversations that range into other areas about art, about education, about the importance of anti-bullying programs.”
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.”

