As LGBT activists celebrate Pride, other gay-rights challenges loom

Gay-rights activists have several things to celebrate this June during Lesbian, Gay, Bisexual and Transgender Pride Month.

The Minnesota State High School League approved a policy last year that allows transgender athletes to play on the sports teams that best align with their gender identity. Last month, Ireland became the first-ever country to approve same-sex marriage by referendum. And a record number of Americans now support same-sex marriage.

But even as gay-rights activists acknowledge those victories, they say other challenges remain. Here are a few of them.

Marriage

Same-sex marriage became legal in Minnesota on Aug. 1, 2013. That means legally wed same-sex couples couples have the same rights, benefits and protections afforded by marriage as heterosexual couples under state and local laws, including filing joint state tax returns and making decisions regarding emergency medical care for one another.

Also in 2013, the Supreme Court struck down a provision in the federal Defense of Marriage Act. The court's decision means that same-sex couples married in Minnesota may file joint federal tax returns. It also extends other benefits afforded to married heterosexual couples — everything from pension benefits to immigration rights.

Nationwide, 37 states plus Washington, D.C., allow same-sex marriage.

North Dakota is not one of them, which could lead to some complications for couples who live along the border. Legal protections for married couples don't extend across state lines.

"It certainly is a challenge," said Teresa Nelson, legal director of the American Civil Liberties Union of Minnesota. "If they're living in Minnesota and working in North Dakota, there may be some questions if there's a health emergency.

"Any time a couple in Minnesota moves to another state that doesn't recognize marriage equality, there could be some issues."

Nationally, the ACLU has been working on anoter issue: veterans benefits.

The Department of Veterans Affairs recognizes a veteran's marriage if it was legal where the veteran or spouse lived at the time they were married — not the location of their wedding. The department also recognizes marriages if they were legal where the couple lived when filing a VA claim or application, or when the veteran became eligible for benefits.

Meanwhile, the Supreme Court is expected to rule on same-sex marriage later this month. Justices heard challenges to four states' bans on same-sex marriage in April, and will rule on whether states have the power to ban same-sex marriage.

Transgender rights

There have been some recent victories, nationally and locally, for transgender-rights activists.

In December, the Minnesota State High School League approved its new transgender athletes policy. Months later, a Minnesota lawmaker introduced a bill that would undo that policy. It was shelved.

But more inclusive employment non-discrimination laws — in more than 30 states, you can be fired for being transgender — serving in the military and access to health care are among the issues that still need work, activists say.

"What we're finding is that for transgender youth, they're getting denied health care coverage for the medication that they need," said Monica Meyer, executive director of OutFront Minnesota. Meanwhile, adults "can't get all of the medical care that they need," she said.

Religious freedom and non-discrimination laws

"Religious freedom" bills in Indiana and Arkansas made headlines in April after critics said the laws allowed for discrimination against gays and lesbians by letting businesses refuse them service.

Indiana's measure sparked massive protests, and lawmakers in both states eventually approved changes to their respective bills designed to answer critics' charges of discrimination.

Minnesota doesn't have a religious freedom bill — and sexual orientation is a protected class under the state's Human Rights Act — but in May, State Sen. Paul Gazelka, R-Nisswa, introduced the "Freedom of Conscience" bill, which would have allowed businesses with 20 or fewer employees to refuse same-sex wedding services based on their religious beliefs. It wouldn't have applied in cases when it presented a "substantial hardship" to customers, the Star Tribune reported.

Gazelka acknowledged when he unveiled the bill that it wasn't going anywhere, at least for now, but said he "wanted to start the conversation."

Meyer said the issue — along with that of inclusion policies in schools — is likely to come up again in the next session, especially as the 2016 election cycle ramps up.