This piece originally appeared in Spanish at .
For some, Tuesday, January 6th, will be just another day in Miami. For many others, it will be a day of celebration. Some will celebrate Three Kings Day, some will celebrate marriage equality, and many will celebrate both.
Long celebrated in parades and gift giving, Three Kings Day is the commemoration of when the magi following a bright star came to find Jesus. Christmas was the celebration of the birth of Christ. Three Kings Day is when we in essence celebrate that the magi, the three wise men, were acknowledging the gift that was Christ.
And so today, we celebrate that Florida, our home state, for the first time, acknowledges the gift of love in the lives of so many.
When I married my husband four years ago, we had to leave our community and travel to Washington, D.C., to receive that acknowledgement. And in many ways we knew that the acknowledgement was fleeting, as we knew we were flying back to Florida, a state that was unwilling to legally recognize our relationship. It was a bittersweet moment – witnessing the government through Washington, D.C., value and honor our relationship but knowing that our home state we loved so much wasn't there yet. But now we get to recommit to ourselves, to each other, here, in front of our friends, family, and community, knowing that Florida will finally recognize our solemn union.
We could talk about marriage in terms of rights and responsibilities, a forever promise to be there for each other and be responsible for each other. But speaking in more simple terms, marriage is about love. Before today's historic recognition of same-sex couples, that love was already present. We had met and fallen in love with our partners. We have loved in sickness and in health, for richer and poorer, in joy and in sorrow. Today we celebrate that people, our community and our state, now acknowledge that.
That recognition from our community is powerful. Just like celebrating the magi for acknowledging and cherishing the gift of the Christ, let us take a moment to celebrate that our community now acknowledges and accepts the gift of love, whether between a same-sex couple or opposite-sex couple. That response strengthens the commitment between me and my husband. It makes our community an active witness to our relationship and in turn makes us accountable to our community to continually strengthen our marriage and grow it in wisdom and love.
Traditionally, children will wake up today to find that the three kings have brought them gifts just like they brought Jesus. Let us look for the presents now as we celebrate marriage equality.
Gold, as the gold of many wedding bands that will now be exchanged, symbolizes strength and value. Today, our marriages will be strengthened and valued.
Frankincense, just like love, perfumes our relationships. If you are like me, just smelling it brings me back to being in church and realizing the solemnness of the moment. Today, we are reminded that our marriages are solemn, to us and to our community.
And myrrh, oil used for anointing, represents how today our marriages are given a blessing not only by our loved ones but, now, our state.
We have received the gifts of this celebration day. Let us rejoice and celebrate in community that we followed the shining star of marriage equality and have reached our destination. We have arrived at seeing all loving, committed couples as worthy of dignity and respect.
And that is also cause for celebration, parades, and gift giving – a true Three Kings Day!
Juan del Hierro is director of Ministry Empowerment for Unity on the Bay and was a plaintiff in Grimsley and Albu v. Scott, et al., our freedom to marry case in Florida.
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.