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Lesbian couple on origins of Calif. marriage fight

Tyler, Olson filed first lawsuit to challenge ban in 2004

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Robin Tyler, Gloria Allred, Diane Olson, gay news, Washington Blade
Diane Olson, Robin Tyler, Supreme Court, gay news, Washington Blade, gay marriage, same sex marriage, marriage equality, Proposition 8

Diane Olson and Robin Tyler were in D.C. for last week’s Supreme Court oral arguments in the Prop 8 case. (Washington Blade photo by Michael Key)

For lesbian activists Robin Tyler and Diane Olson, who have been a couple for more than 19 years, last week’s Supreme Court hearing on California’s Proposition 8 had a special meaning.

In February 2004, Tyler and Olson were among the first two couples to file a lawsuit challenging the California law prohibiting same-sex couples from marrying. The lawsuit led to the California Supreme Court’s decision in 2008 declaring that same-sex marriages must be recognized under the state’s constitution.

The two were among the 18,000 same-sex couples to marry in California before marriage equality opponents placed Prop 8 on the ballot that same year. Upon its approval by voters in November 2008, recognition of all subsequent same-sex nuptials ended. Marriage equality activists, however, responded by filing another lawsuit challenging Prop 8, which took the fight to the U.S. Supreme Court.

As Tyler and Olson sat in the Supreme Court chambers on March 26 watching the attorneys argue for and against whether Prop 8 should be declared unconstitutional, each said they couldn’t help but recall how it all started for them 12 years earlier in Beverly Hills, where Olson was raised.

“What happened is starting in 2001 Diane and I would go…to the Beverly Hills courthouse every year to try to get a marriage license,” Tyler said. “And of course they turned us down.”

Added Tyler, “The first year we almost got arrested because MCC brought a cake and they said we couldn’t serve a cake on the sidewalk.” She was referring to the LGBT supportive Metropolitan Community Church, a longtime advocate for marriage equality.

Tyler, an out lesbian comic and entertainer since the 1970s, served as an organizer for the 1979 LGBT march on Washington and two subsequent LGBT marches on Washington in 1987 and 1993. At all three marches, Tyler helped organize same-sex marriage rallies outside the IRS headquarters in downtown D.C., in which hundreds of same-sex couples participated in marriage ceremonies they considered symbolic but that had no legal recognition.

With that as a backdrop, Tyler said the proverbial ‘last straw’ happened to her and Olson in 2004 shortly before she and Olson planned their annual ritual of going to the Beverly Hills courthouse to request a marriage license on or around Valentine’s Day. At the time, the two had been a couple for 10 years.

Gloria Allred, gay news, Washington Blade

Gloria Allred (Washington Blade photo by Michael Key)

“I was going to be 65,” she said. “So I called the American Federation of Radio and Television Artists. I’ve been in the union for years because I was a comic. And I say, you know, I can purchase domestic partnership insurance for Diane,” Tyler recalled.

“But when I retired they said no you are not. And I said why not?” Tyler told the Blade. “And they said because you’re not married. And I said we can’t get married. And the woman said to me, ‘That’s just the way it is, hon.’ And she hung up on me.”

Tyler said she immediately called Gloria Allred, a nationally recognized civil rights lawyer based in Los Angeles, whose clients have been among some of the most famous Hollywood figures. Tyler said she and Allred had been friends for a long time.

“And the next morning she called and said you know what? I’m going to take the case. I’m going to sue for your right to get married to Diane and I’m going to do it pro bono,” Tyler said.

At Allred’s suggestion, Tyler and Olson agreed to invite Rev. Troy Perry, head of the MCC churches, and his husband, Philip De Blieck, who he married in Canada, to be a party to the suit.

Since Valentine’s Day fell on a Saturday in 2004, Tyler said the two couples and Allred decided to go to the Beverly Hills courthouse that year on Feb. 12.

“They handed us this little thing like they did every year – you know, you can’t get married because marriage is a between a man and a woman,” said Tyler. “Gloria was with us and we walked outside and had a huge press conference, and Gloria announced our right to marry.”

Allred said she informed the media that the lawsuit would challenge a state family code that banned same-gender marriage.

In a development that surprised them and their supporters in L.A., then San Francisco Mayor Gavin Newsom that same week began performing same-sex marriages in City Hall in defiance of the state law banning such marriages. The first couple that Newsom himself married was veteran lesbian activists Del Martin and Phyllis Lyon, who were in their 80s.

“Someone called me and said Del and Phyllis, who were friends of ours, are getting married,” Tyler said. “I said what? And we turned on the television and there is Gavin Newsom Marrying Del and Phyllis.”

Allred said some have confused the role that Newsom and litigants like Tyler and Olson played in the marriage equality battle.

“The most important thing was that we were challenging the law, which prohibited them from being able to enjoy the right to marry each other,” Allred said. “What happened in San Francisco was slightly different. The mayor started marrying couples without getting a judicial declaration that the family code prohibiting such marriages was unconstitutional.”

Marriage equality opponents quickly obtained a court order halting San Francisco from performing same-sex marriages. Opponents next persuaded the court to invalidate all of those marriages on grounds that they had no legal standing.

Many of the couples whose marriages were invalidated joined the San Francisco County Attorney in filing their own lawsuits challenging the state’s same-sex marriage ban. The court later merged those suits with the suit filed by Tyler, Olson, Perry, DeBlieck and others.

After four years of litigation, the California Supreme Court ruled in early 2008 that the state’s same-sex marriage ban violated the California Constitution and that same-sex marriages must be recognized in the state.

Due to their role as the first to file suit over the marriage question, Tyler and Olson were given permission to be the first same-sex couple to marry in L.A. County – one day ahead of everyone else.

Tyler and Olson acknowledge that the joy of their wedding was dampened later in the year when Prop 8 passed, even though the state Supreme Court ruled their marriage and those of the 18,000 other same-sex couples who married prior to the approval of Prop 8 would remain valid.

But the two said their wedding on the steps of the Beverly Hills courthouse was a special moment for them and their friends and supporters.

“And I want to tell you the mayor of Beverly Hills offered us City Hall, which would have been my dream,” Tyler said. “But we decided to marry in front of the courthouse because that’s the same courthouse that had turned us down all those years,” she said.

“And this time when we walked in with Gloria to get our marriage license the woman behind the counter that gave us the license started to cry,” said Tyler. “She said I’ve wanted to give this to you ever since you started to come in.

“And we walked out and we had no idea that the press would be there from all over the world,” Tyler continued. “And a policeman came up to me and said I was the cop that almost arrested you in 2001 for serving cake, and I’m proud to be at your wedding. So it had come full circle for us when we got married.”

Nine years later, as Tyler, Olson and Allred watched with great interest as the Supreme Court justices asked sharp questions in Washington to the lawyers arguing for and against Prop 8, Tyler said the comments by some of the justices cause her great discomfort.

“I was so full of emotion and so angry having to sit in the Supreme Court and hearing them refer to us as an experiment and to compare us to cell phones and the Internet,” she said, referring to comments by Justice Samuel Alito.

In remarks she said he hadn’t planned to make before the C-SPAN TV cameras on the plaza outside the Supreme Court, Tyler said she expressed her outrage over the remarks by some of the justices.

“I said we’re a civil rights movement. We’re not an experiment. And we’re going to win,” she told the Blade. “How dare they…,” she added, before cutting short her own comment.

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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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