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Court halts Trump trans military ban, in part

The decision in the first of four lawsuits upholds trans protections as a protected class

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Judge Colleen Kollar-Kotelly of the U.S. District Court, DC.

US District Court Judge Colleen Kollar-Kotelly put a hold on President Trump’s tweet-ordered ban on transgender military service, ruling in favor of the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), who filed Doe v. Trump on August 9 seeking an immediate injunction on behalf of five transgender service members.

In her decision, Kollar-Kotelly said she believes that the Plaintiffs will win in proving that Trump’s Directive is unconstitutional. She says trans servicemembers should be considered a targeted class under “an intermediate level of heightened scrutiny,” as well as protected under gender. The Court therefore ruled that active duty trans servicemembers can continue to serve but the halt to the accessions policy pertaining to recruitment and promotion that Sec. of Defense Mattis put in place will also remain in effect until the constitutionality of the Directive is determined.

“The effect of the Court’s Order is to revert to the status quo with regard to accession and retention that existed before the issuance of the Presidential Memorandum—that is, the retention and accession policies established in the June 30, 2016 Directive-type Memorandum as modified by Secretary of Defense James Mattis on June 30, 2017. In all other respects, the Presidential Memorandum is not enjoined,” the judge wrote in her 76-page decision.

The judge also tackled the long-established argument that Courts traditionally give deference to the military. Yes, she writes, but “the Court is not powerless to assess whether the constitutional rights of America’s service members have been violated.” She also needled the Justice Department, which is expected to appeal. Under “an intermediate level of heightened scrutiny,” the government must provide an “exceedingly persuasive justification” for the ban—and she didn’t buy their arguments.

“[G]iven the deference owed to military personnel decisions, the Court has not based its conclusion solely on the speculative and overbroad nature of the President’s reasons,” the decision reads. “As far as the Court is aware at this preliminary stage, all of the reasons proffered by the President for excluding transgender individuals from the military in this case were not merely unsupported, but were actually contradicted by the studies, conclusions and judgment of the military itself.

“A bare invocation of ‘national defense’ simply cannot defeat every motion for preliminary injunction that touches on the military,” the Court continues. “On the record before the Court, there is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the military at all. In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects. The Court also notes that fifteen States have filed an amici brief indicating that they and their residents will be harmed by the Presidential Memorandum if it is not enjoined….Moreover, the injunction that will be issued will in no way prevent the government from conducting studies or gathering advice or recommendations on transgender service. The balance of equities and public interest accordingly weigh in favor of granting Plaintiffs’ motion.”

“This is a complete victory for our plaintiffs and all transgender service members, who are now once again able to serve on equal terms and without the threat of being discharged,” said Shannon Minter, NCLR’s Legal Director. “We are grateful to the court for recognizing the gravity of these issues and putting a stop to this dangerous policy, which has wreaked havoc in the lives of transgender service members and their families.”

“This court saw straight through the smokescreen the government tried to create to hide the bias and prejudice behind Trump’s change in military policy. This clear, powerful ruling confirms that there is no legitimate reason to exclude transgender people from military service,” said Jennifer Levi, Director of GLAD’s Transgender Rights Project. “Fighting discrimination isn’t easy, and to all the transgender members of the armed forces or those looking to join, I want to say thank you for your courage, not only in fighting for our country, but in fighting for the constitutional values of equality and justice.”

The Court did deny, however, an injunction against the ban on trans sex reassignment surgery. More news on that front is expected after a joint NCLR/GLAD news conference.

A Pentagon source says this was the expected outcome regarding the Retention and Accessions policy. The source also noted that this is just the first shoe to drop and is not the end of it.

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California ends loitering for prostitution law

This repeals “loitering with intent to engage in prostitution” law, which results in profiling of sex workers particularly trans women

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California Governor Gavin Newsom (Blade file photo)

SACRAMENTO – Senate Bill 357, the Safer Streets for All Act, authored by Out state Senator Scott Wiener (D-San Francisco)’s was signed into law by Governor Gavin Newsom on Friday. 

“As trans people are being criminalized across the country, Governor Gavin Newsom has once again shown that California stands with the LGBTQ community and communities of color,” said Wiener. “Everyone – no matter their race, gender or how they make a living – deserves to feel safe on our streets. Thank you, especially, to our coalition of former and current sex workers and LGBTQ advocates who made this day a reality. Your leadership is inspiring.”

SB 357 repeals a provision of California law criminalizing “loitering with the intent to engage in prostitution.” This criminal provision — arrests for which are based on an officer’s subjective perception of whether a person is “acting like” or “looks like” they intend to engage in sex work — results in the disproportionate criminalization of trans, Black and Brown women, and perpetuates violence toward sex workers.

SB 357 is sponsored by a large coalition made up of former and current sex workers, LGTBQ groups like Equality California and Transgender Gender-variant and Intersex Justice Project (TGIJP), and civil rights groups like the ACLU. The Coalition to Abolish Slavery and Trafficking (CAST LA) is supporting the legislation.

SB 357 does not decriminalize soliciting or engaging in sex work. Rather, it simply eliminates an loitering offense that leads to harmful treatment of people for simply “appearing” to be a sex worker.

This crime is so subjective and inherently profiling that it allows a police officer to arrest someone purely based on how they are dressed, whether they’re wearing high heels and certain kinds of make-up, how they’re wearing their hair, and the like. This criminal provision is inherently discriminatory and targets people not for any action but simply based on how they look. People who engage in sex work deserve to be treated with dignity and respect.

Criminalizing sex work does not make sex workers or communities safer. Most criminal penalties for sex workers, loitering laws included, do nothing to stop sex crimes against sex workers and human trafficking. In fact, loitering laws make it harder to identify trafficking victims; trafficking victims are often afraid to come forward in fear of being arrested or incarcerated. 

In February of 2021, a similar piece of legislation to repeal this type of loitering ban became law in New York. SB 357 is part of the movement to end discrimination against and violence toward sex workers, especially the most targeted communities — trans, Black, and Brown people. SB 357 is co-sponsored by Positive Women’s Network – USA, St. James Infirmary, SWOP LA, Trans [email protected] Coalition, Asian Pacific Islander Legal Outreach, Equality California and ACLU California Action. 

Under current law, it is a crime to loiter in a public place with the “intent” to commit a sex work-related offense. But this law can be broadly interpreted, and thus allows for discriminatory application against the LGBTQ community and people of color.

Law enforcement can use a non-exhaustive list of circumstances to subjectively determine if someone “intends” to engage in sex work, including factors such as speaking with other pedestrians, being in an area where sex work has occurred before, wearing revealing clothing, or moving in a certain way.

Because current law regarding loitering is highly subjective and vague, law enforcement officers disproportionately profile and target Black and Brown transgender women by stopping and arresting people for discriminatory and inappropriate reasons.

This is how Black and Brown transgender women get arrested and cited for simply walking on the street. It also gives law enforcement the ability to more easily target and arrest sex workers.

People in the LGBTQ, Black, and Brown communities report high rates of police misconduct throughout the United States and are disproportionately affected by police violence.

Transgender people who have done street-based sex work are more than twice as likely to report physical assault by police officers and four times as likely to report sexual assault by police.

A Black person is 3.5 times more likely to be shot by police than a white person. These statistics are a daily reality that transgender, Black and Brown people face and lead to mistrust of law enforcement.

SB 357 will repeal a discriminatory law that makes it a crime to loiter with the intent to engage in sex work, given that it fails to prevent street-based sex work and disproportionately results in the criminalization of transgender people and communities of color.

“For far too long, California law has been used to profile, harass and arrest transgender and gender-nonconforming people simply for existing in public spaces,” said Equality California Executive Director Tony Hoang. “We all deserve to live in public peacefully without fear of arrest. Thanks to Governor Newsom and Senator Wiener’s leadership, California boldly stands on the side of justice. This law will make our communities safer for all Californians. We are immensely proud to be in this fight as part of a coalition that has been trans led since the beginning.”

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California

Proud Boys disrupting a California Pride drag show get pepper sprayed

“There was an altercation, obviously people are here & are upset about the bar having their Pride event,” said the deputy police chief

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Woodland police officers after Proud Boys disrupt drag show (Screenshot KCRA 3 News)

WOODLAND, Ca. – An end of Pride month drag show in this suburban city Northwest of Sacramento was disrupted by Proud Boys at the The Mojo Lounge bar and restaurant in the downtown business district.

As the group attempted to gain access to the establishment, a now viral video by local ABC10 television reporter Luke Cleary showed them and the near-by police officers getting pepper-sprayed by an unseen person inside the bar.

Screams of pain erupted along with one Proud Boy who can be heard shouting “fuck you paedophile motherfuckers,” after being sprayed. Woodland police officers can also be seen retreating wiping their eyes from the effects of the irritant self-defensive spray weapon.

Another reporter, Lee Anne Denyer from NBC News Sacramento affiliate KCRA 3 noted that the event, which was initially advertised as an an all-ages Drag Show by the bar was at first postponed and then scaled back.

Denyer posted video that showed the heavy law enforcement presence after the Proud Boys attempted to storm the restaurant demanding to know how many children were in attendance at the show.

“There was kind of rumors that things were brewing on main street but there was obviously a presence by the Woodland Police Department so that made us feel more comfortable. Then it escalated, it escalated pretty quickly,” Julie Ramos, who attended the event, told KCRA. “This really was a positive event and everyone was having a great time. So I think most people were angry but I would say resilient.”

Woodland Police Department, Woodland, California

“There was an altercation, obviously people are here and are upset about the bar having their Pride event,” Anthony Cucchi, the deputy chief of the Woodland Police Department told KCRA. “We tried to intervene as quickly as we could, it was a pretty chaotic scene. Our main priority was to get a safe scene and then make sure anybody that needed help got the help that they needed. We will work on the investigation.”

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The White House

White House announces 17 Presidential Medal of Freedom recipients

The nation’s highest civilian honor, the Presidential Medal of Freedom will be presented to those named at the White House on July 7, 2022

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Megan Rapinoe, an Out Olympic gold medalist is among those named ((Screenshot/YouTube via U.S. Soccer )

WASHINGTON – The White House today released President Joe Biden’s selection of recipients for bestowing the nation’s highest civilian honor,  the Presidential Medal of Freedom. The awards will be presented at the White House on July 7, 2022.

Included among the seventeen honorees are Megan Rapinoe, the Out Olympic gold medalist and two-time Women’s World Cup champion. She also captains OL Reign in the National Women’s Soccer League. She is a prominent advocate for gender pay equality, racial justice, and LGBTQI+ rights.

Also selected by the president for a posthumous recognition was Richard Trumka, the powerful labor leader and longtime Democratic ally of the LGBTQ+ community who passed away last August. Trumka had led the AFL-CIO since 2009 and who throughout his career, was an outspoken advocate for LGBTQ+ Americans, social and economic justice.

The Presidential Medal of Freedom is the Nation’s highest civilian honor, presented to individuals who have made exemplary contributions to the prosperity, values, or security of the United States, world peace, or other significant societal, public or private endeavors.

Presidential Medal of Freedom (The White House)

The following individuals will be awarded the Presidential Medal of Freedom:

Simone Biles
Simone Biles is the most decorated American gymnast in history, with a combined total of 32 Olympic and World Championship medals. Biles is also a prominent advocate for athletes’ mental health and safety, children in the foster care system, and victims of sexual assault.

Sister Simone Campbell
Sister Simone Campbell is a member of the Sisters of Social Service and former Executive Director of NETWORK, a Catholic social justice organization. She is also a prominent advocate for economic justice, immigration reform, and healthcare policy.

Julieta García
Dr. Julieta García is the former president of The University of Texas at Brownsville, where she was named one of Time magazine’s best college presidents. Dr. García was the first Hispanic woman to serve as a college president and dedicated her career to serving students from the Southwest Border region.

Gabrielle Giffords
Former Congresswoman Gabby Giffords was the youngest woman ever elected to the Arizona State Senate, serving first in the Arizona legislature and later in the U.S. Congress. A survivor of gun violence, she co-founded Giffords, a nonprofit organization dedicated to gun violence prevention.

Fred Gray
Fred Gray was one of the first black members of the Alabama State legislature since Reconstruction. As an attorney, he represented Rosa Parks, the NAACP, and Martin Luther King, who called him “the chief counsel for the protest movement.”

Steve Jobs (posthumous)
Steve Jobs (d. 2011) was the co-founder, chief executive, and chair of Apple, Inc., CEO of Pixar and held a leading role at the Walt Disney Company. His vision, imagination and creativity led to inventions that have, and continue to, change the way the world communicates, as well as transforming the computer, music, film and wireless industries.

Father Alexander Karloutsos
Father Alexander Karloutsos is the former Vicar General of the Greek Orthodox Archdiocese of America. After over 50 years as a priest, providing counsel to several U.S. presidents, he was named by His All Holiness Ecumenical Patriarch Bartholomew as a Protopresbyter of the Ecumenical Patriarchate.

Khizr Khan
Khizr Khan is a Gold Star father and founder of the Constitution Literacy and National Unity Center. He is a prominent advocate for the rule of law and religious freedom and served on the United States Commission on International Religious Freedom under President Biden.

Sandra Lindsay
Sandra Lindsay is a New York critical care nurse who served on the front lines of the COVID-19 pandemic response. She was the first American to receive a COVID-19 vaccine outside of clinical trials and is a prominent advocate for vaccines and mental health for health care workers.

John McCain (posthumous)
John McCain (d. 2018) was a public servant who was awarded a Purple Heart with one gold star for his service in the U.S. Navy in Vietnam. He also served the people of Arizona for decades in the U.S. House of Representatives and U.S. Senate and was the Republican nominee for president in 2008.

Diane Nash
Diane Nash is a founding member of the Student Nonviolent Coordinating Committee who organized some of the most important civil rights campaigns of the 20th century. Nash worked closely with Martin Luther King, who described her as the “driving spirit in the nonviolent assault on segregation at lunch counters.”

Megan Rapinoe
Megan Rapinoe is an Olympic gold medalist and two-time Women’s World Cup champion. She also captains OL Reign in the National Women’s Soccer League. She is a prominent advocate for gender pay equality, racial justice, and LGBTQI+ rights.

Alan Simpson
Alan Simpson served as a U.S. Senator from Wyoming for 18 years. During his public service, he has been a prominent advocate on issues including campaign finance reform, responsible governance, and marriage equality.

Richard Trumka (posthumous)
Richard Trumka (d. 2021) was president of the 12.5-million-member AFL-CIO for more than a decade, president of the United Mine Workers, and secretary-treasurer of the AFL-CIO. Throughout his career, he was an outspoken advocate for social and economic justice.

Wilma Vaught
Brigadier General Wilma Vaught is one of the most decorated women in the history of the U.S. military, repeatedly breaking gender barriers as she rose through the ranks. When she retired in 1985, she was one of only seven women generals in the Armed Forces.

Denzel Washington
Denzel Washington is an actor, director, and producer who has won two Academy Awards, a Tony Award, two Golden Globes, and the 2016 Cecil B. DeMille Lifetime Achievement Award. He has also served as National Spokesman for the Boys & Girls Clubs of America for over 25 years.

Raúl Yzaguirre
Raúl Yzaguirre is a civil rights advocate who served as CEO and president of National Council of La Raza for thirty years. He also served as U.S. Ambassador to the Dominican Republic under President Barack Obama.

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