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Why Puerto Rico Should Not be Left Behind From the LGBT Debate in the USA

By © Julizzette Colón-Bilbraut, Esq./Enkidu

Last time I checked, Puerto Rico was a territory of the United States of America, governed basically by the same judicial and legal provisions all 50 states are. Puerto Rico is home for more than 4 million American citizens and among those 4 million American citizens, there are more than 500,000 Lesbian, Gay, Bisexual, Transexual and Transgender citizens who are in the most part, unaccounted for by local politicians, lawmakers and by their fellow citizens. I can’t help but wonder, why do LGBT mainland based organizations leave us behind?  Why aren’t we part of their struggle, which is also our struggle? I can speculate about the reasons, but to tell you the truth, I really don’t have an answer. What I can truthfully tell you, is why I believe, Puerto Rico, should not be left behind from the LGBT debate in the USA.

In case you don’t already know, please allow me to point out some historical and political facts about the relationship between the USA and PR. Puerto Rico became a territory of the United States of America as a result of the Hispanic-American War of 1898. Spain by means of the Treaty of Paris, surrendered us as a bounty of war. The USA military took possession of the Island immediately. In 1917 the USA Congress by means of the Jones Act, granted the people of Puerto Rico American citizenship; in 1948 the people of Puerto Rico elected their first native (Puerto Rican) Governor; in 1952 the people of Puerto Rico approved and enacted The Constitution for the Commonwealth of Puerto Rico, which by the way, has a broader scope of protection than the USA Constitution, in terms of Due Process and Equal Protections. Throughout our 107 year relationship, Puerto Rican soldiers have fought and are currently fighting to preserve and uphold the liberties and freedom granted by the American Democracy. Our LGBT soldiers have also to put up with the “Don’t Ask. Don’t Tell” policy. The USA Congress has granted us a treatment, similar to that of any other state of the union, in terms of benefits and legislation. We are part of the American judicial system: we have a District Court for the District of Puerto Rico, which belongs to the 1^st Circuit of the Court of Appeals; our writs for Certiorari invoking any protection under the USA Constitution or any federal law are also considered by the USA Supreme Court. DOMA (Defense of Marriage Act) was ratified by the Puerto Rico legislature in 1998. We have no Hate Crime or Employment Anti-Discrimination Act. Puerto Ricans participate in national politics, comprising a delegation in both the Republican and Democratic Party.

Despite all of the above, the LGBT community in Puerto Rico is a distant observer of all active processes taking place in the USA, concerning the struggles of our fellow community, when it should be otherwise. To begin with, it would be profitable for mainland based LGBT organizations, to cater to the Puerto Rican market by including us in their agenda. Contributions would start to pour in. Strangely enough, —and this is a topic for another article— but my fellow Puerto Ricans, generally speaking, believe that whatever comes from outside its territorial boundaries is better than what is available locally. Another consideration should be the fact that Puerto Rico has a very large religious (fundamentalist) community who like the one in the “states”, is every bit right-wing and conservative. This past elections, they ‘flexed their political muscle’, and managed to defeat many of the legislators who favored our equality agenda. It’s just a matter of time, for Puerto Rican fundamentalists and mainland religious conservatives to find each other and establish financial ties and discriminatory common goals and struggles. That just scares me to death!

Hispanics have become the newest, biggest minority group in the USA. My educated guess would be that Puerto Ricans are the largest representative group of said minority.  Because of the ‘moral values’ of President Bush, a significant number of Hispanics voted for a republican president and not a democrat, unlike what they have consistently done in the past. To say the least, efforts could have been and can be coordinated so as to have Puerto Ricans living in the Island, get in touch with their relatives in the USA and talk them into representing and advancing our cause with their vote. I believe there is a consensus among the LGBT community that education is fundamental for the advancement of our rights and issues. Mainland LGBT organizations should be willing to coordinate and contribute with their expertise and resources in educating fellow Puerto Ricans about inclusion and tolerance, so we can as well educate our families in the states.  Trust me. For us, blood is thicker than water. Most important of all, our LGBT leadership in the island, is small and lacks resources and funding. Most of us have a full time job to maintain and we do our activism in our spare time, which is not much. In my case for example, I am a solo practitioner, and I try to use as much of my time and resources (through my office), that I can possibly spare. It’s simply not enough.

The truth of the matter is that EQUALITY is our common beacon. Even though I speak on my own behalf, I can attest to the fact, that our LGBT community and leadership is right here, extending its hand, willing to cooperate in attaining ‘liberty and justice for all.’

Your comments are welcomed: jcb@enkidumagazine.com.