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Are trans service members winning?

Judges twice block Trump’s ban as US fights in 7 wars

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Stop Transgender Military Ban, Washington, DC, July, 29, 2017 (By
Ted Eytan via Flickr)

The LGBT community enters December with a slight breeze at their backs. On Tuesday, Nov. 21, a federal judge in Baltimore issued a preliminary injunction halting President Trump’s proposed transgender military ban. This follows a ruling last month in the U.S. District Court for the District of Columbia also imposing a preliminary injunction against enforcement of the Trump administration’s plan to prohibit transgender people from serving in the military. The rulings allow trans service members to continue serving on active duty but maintain the halt on all recruitment and promotions imposed by the Pentagon prior to Trump’s abrupt policy reversal. The Justice Department is appealing the DC ruling.

Judge Colleen Kollar-Kotelly set the tone in her strongly-worded 76-page Oct. 30 opinion, suggesting the ban—set to take effect in March 2018—was most likely unconstitutional. “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,” Kollar-Kotelly wrote. “In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects.”

Additionally, she wrote that “a number of factors — including the sheer breadth of the exclusion ordered by the directives, the unusual circumstances surrounding the President’s announcement of them, the fact that the reasons given for them do not appear to be supported by any facts, and the recent rejection of those reasons by the military itself — strongly suggest that Plaintiffs’ Fifth Amendment claim is meritorious.”

On Tuesday in Baltimore, U.S. District Judge Marvin Garbis ruled that trans service members have “demonstrated that they are already suffering harmful consequences such as the cancellation and postponements of surgeries, the stigma of being set apart as inherently unfit, facing the prospect of discharge and inability to commission as an officer, the inability to move forward with long-term medical plans, and the threat to their prospects of obtaining long-term assignments.”

The ruling broadened the DC decision and clears the way for current transgender service members to receive surgical medical care.
Garbis also took a swipe at Trump’s “abrupt policy change” by tweet in his 53-page opinion. “A capricious, arbitrary, and unqualified tweet of new policy,” he wrote, “does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes.”

To underscore the point, the judge also said that “President Trump’s tweets did not emerge from a policy review, nor did the [implementing] presidential memorandum identify any policymaking process or evidence demonstrating that the revocation of transgender rights was necessary for any legitimate national interest.”

Indeed, the judge said, Trump’s policy change actually runs counter to what military leaders have already said they want the policy to be on trans people serving in the military.

To put the proposed trans ban in a larger context: the all volunteer US military is currently engaged in seven countries —Iraq, Syria, Afghanistan, Pakistan, Yemen, Libya, Somalia—without explicit congressional approval. Additionally, the Defense Department is gearing up for a possible nuclear confrontation with North Korea.

Additionally, the ban on trans people serving in the military is being proposed by a president who avoided the Vietnam War because of bone-spurs— a point obliquely referenced by the federal judge in a hearing in Seattle.
The Oct. 30 case was brought by the National Center for Lesbian Rights and GLBTQ Advocates & Defenders. The Baltimore case was brought by the ACLU.  Two other cases are pending: Stockman v. Trump, brought by Equality California, seven individuals, and most recently, the State of California with a decision scheduled for Dec. 11; and Lambda Legal and OutServe-SLDN, who filed suit in the U.S. District Court for the Western District of Washington in response to Trump’s directions to military authorities Aug. 25. Their lawsuit focuses on the accession policy, representing two individuals who want to join the military and one current service member seeking a promotion, as well as the Human Rights Campaign and Gender Justice League, a gender and sexuality civil and human rights organization, headquartered in Seattle.

U.S. District Judge Marsha Pechman heard oral arguments Tuesday, Nov. 21, just hours after Garbis’ ruling in Baltimore. In addition to Lambda Legal and OutServe-SLDN, Washington State Attorney General Bob Ferguson also intervened in the case.

“Barring transgender individuals from serving based on anything other than their ability and conduct is wrong,” Ferguson said last September. In his motion to intervene, Ferguson argued that the trans ban “constitutes undisguised sex and gender identity discrimination that serves no legitimate purpose and its implementation will have significant, damaging impacts on the State of Washington and its residents.”
Pechman said she will issue her ruling Dec. 8.

“We are proud of the arguments we delivered to the court,” OutServe-SLDN President and CEO Matt Thorn told the Los Angeles Blade. “Judge Pechman has stated she intends to make her decision by December 8th and we are cautiously optimistic for a favorable outcome. We couldn’t be more thankful for our co-counsel Lambda Legal and the bravery of our 9 plaintiffs who have stood up and our leading the way for thousands of trans service members and those who wish to serve. It’s also a privilege to represent Gender Justice League of Washington, HRC and the American Military Partner Association.”

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Anti-LGBTQ religious extremist celebrates death at Wilton Manors Pride

Mehta points out this type of rhetoric is quite likely to inspire violence against the LGBTQ community by one of Shelley’s followers

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Screenshot vis Twitter

HURST, Tx. – The pastor of a fundamentalist Baptist Church in this suburban Fort Worth, Texas city took to his pulpit to celebrate the death of an attendee at the Wilton Manors, Florida Pride parade this past weekend.

Pastor Jonathan Shelley, whose church is affiliated with infamous “death to gays” Pastor Steven Anderson in Phoenix, Arizona is quoted by Patheos writer and progressive blogger Hemant Mehta saying; […]”I hope they all die! I would love it if every fag would die right now.” […]

Mehta, who runs the heavily trafficked The Friendly Atheist, also noted that Shelley told his congregants; “And, you know, it’s great when trucks accidentally go through those, you know, parades. I think only one person died. So hopefully we can hope for more in the future.”

Mehta noted that the video of Shelley’s hate-filled remarks on this and other anti-LGBTQ vitriol is still accessible on Shelley’s YouTube Channel. He also points out this type of rhetoric is quite likely to inspire violence against the LGBTQ community by one of Shelley’s followers.

The Blade has reached out to YouTube Tuesday for comment but has yet to receive a response.

Editor’s note; The language used in the video in the embedded tweet below is uncensored hate speech:

In a related update from the Daily Beast, Fred Johnson Jr., who was named by Wilton Manors police as the driver of the vehicle that veered out of control killing one person and injuring two others at Saturday’s Stonewall Pride Parade has offered his “sincere regrets to all those who were impacted by this tragic event.”

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Vigil held after Wilton Manors Pride parade accident

Fort Lauderdale mayor expressed ‘regret’ over initial terrorism claim

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A vigil in the wake of the accident at the Stonewall Pride Parade took place at the Sunshine Cathedral in Fort Lauderdale, Fla., on June 20, 2021. (Washington Blade photo by Yariel Valdés González)

FORT LAUDERDALE, Fla. — More than 100 people on Sunday attended a prayer vigil in the wake of an accident at a Wilton Manors Pride parade that left one person dead and another injured.

The vigil took place at the Sunshine Cathedral in Fort Lauderdale.

Clergy joined activists and local officials at a vigil at the Sunshine Cathedral in Fort Lauderdale, Fla., on June 20, 2021. (Washington Blade photo by Yariel Valdés González)

A 77-year-old man who was driving a pickup truck struck two men near the Stonewall Pride Parade’s staging area shortly before 7 p.m. on Saturday. One of the victims died a short time later at a Fort Lauderdale hospital.

The pickup truck narrowly missed U.S. Rep. Debbie Wasserman Schultz (D-Fla.), who was in a convertible participating in the parade, and Florida Congressman Ted Deutch.

The driver of the pickup truck and the two men he hit are members of the Fort Lauderdale Gay Men’s Chorus. The Fort Lauderdale Police Department on Sunday described the incident as a “fatal traffic crash” and not a terrorism incident as Fort Lauderdale Mayor Dean Trantalis initially claimed.

“As we were about to begin the parade, this pickup truck, this jacked up white pickup truck, dashed across, breaking through the line, hitting people, all of us that were there could not believe our eyes,” said Trantalis as he spoke at the vigil.

Trantalis noted the pickup truck nearly hit Wasserman Schultz. He also referenced the arrest of a 20-year-old supporter of former President Trump earlier in the week after he allegedly vandalized a Pride flag mural that had been painted in an intersection in Delray Beach, which is roughly 30 miles north of Fort Lauderdale.

“I immediately knew that something terrible was happening,” said Trantalis, referring to the Stonewall Pride Parade accident. “My visceral reaction was that we were being attacked. Why not? Why not feel that way?”

“I guess I should watch to make sure there are no reporters standing by when I have those feelings, but that was my first reaction and I regret the fact that I said it was a terrorist attack because we found out that it was not, but I don’t regret my feelings,” he added. “But I don’t regret that I felt terrorized by someone who plowed through the crowd inches away from the congresswoman and the congressman, myself and others.”

Trantalis also told vigil attendees that “I guess we forgive” the pickup truck driver.

“But I regret that his consequences resulted in the death of an individual who was innocent and who was there to have a good time, like the rest of us, and I regret there is a man who is in serious condition … fighting for his life and there,” added Trantalis.

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Veterans Affairs to provide gender-confirmation surgery reversing 2013 ban

McDonough said that he pledged to overcome a “dark history” of discrimination and expand access to care for transgender veterans

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The new Orlando VA Medical Center at Lake Nona (Photo Credit: U.S. Department of Veterans Affairs )

ORLANDO – U.S. Department of Veterans Affairs Secretary Denis McDonough announced his Department is moving to provide gender-confirmation surgery through its health care coverage reversing a 2013 ban on those surgical procedures.

Speaking at a Pride Month event at the Orlando VA Healthcare System Saturday, McDonough said that he pledged to overcome a “dark history” of discrimination and take steps to expand access to care for transgender veterans.

With this commitment McDonough said he seeks to allow “transgender vets to go through the full gender confirmation process with VA by their side,” McDonough said. “We’re making these changes not only because they are the right thing to do, but because they can save lives,” he added.

The process to roll-back the restrictions may take upwards of two years. The federal rulemaking process, expected to begin this summer, will include a period for public comment, spokesman Terrence Hayes told The Washington Post on Saturday.

“This time will allow VA to develop capacity to meet the surgical needs that transgender veterans have called for and deserved for a long time,” McDonough said in his remarks. “and I am proud to begin the process of delivering it,” he added.

On February 8, 2013, the VA issued a directive that stated that the VA Healthcare System does not provide sex reassignment surgery. This directive sought to clarify a previous VA directive issued June 9, 2011, “Providing Healthcare for Transgender and Intersex Veterans,” which established the provision of hormone therapy, gender-related mental health counseling, and other transition-related services through the VA, as well as a mandate that the VA health system provides care “without discrimination and in a manner … consistent with the Veteran’s self-identified gender.”

“This directive, however, does not include coverage of surgical procedures although the VA does provide transgender veterans with pre- and postoperative care.”

The outcome was that the directive(s) effectively prevented transgender veterans from a surgery considered medically necessary by the World Professional Association for Transgender Health.

38 CFR § 17.38 Medical benefits package, is the specific federal code that makes provisions for veterans healthcare, which Section (b) clearly defines as; “Care referred to in the “medical benefits package” will be provided to individuals only if it is determined by appropriate health care professionals that the care is needed to promote, preserve, or restore the health of the individual and is in accord with generally accepted standards of medical practice.”

However, 38 CFR § 17.38 does limit care for transgender veteran’s stating: “(c) In addition to the care specifically excluded from the “medical benefits package” under paragraphs (a) and (b) of this section, the “medical benefits package” does not include the following: […] ‘(4) Gender alterations.'”

McDonough noted that changes “will require changing VA’s regulations and establishing policy that will ensure the equitable treatment and safety” of all transgender veterans.

“There are several steps to take, which will take time. But we are moving ahead, methodically, because we want this important change in policy to be implemented in a manner that has been thoroughly considered to ensure that the services made available to veterans meet VA’s rigorous standards for quality health care.”

In a study related to the 2011 and 2013 directives, the VA noted that research showed that the transgender population in general experiences severe physical and mental health disparities, compared to the cisgender population, including high rates of HIV, suicidality, depression, anxiety, and mental health-related hospitalization.

Studies have found that these disparities are even more glaring among transgender veterans. In a survey of transgender veterans and transgender active-duty service members, transgender veterans reported several mental health diagnoses, including depression (65%), anxiety (41%), PTSD (31%), and substance abuse (16%).  In a study examining VHA patient records from 2000 to 2011 (before the 2011 VHA directive), the rate of suicide-related events among veterans with a gender identity disorder (GID) diagnoses was found to be 20 times higher than that of the general VHA patient population.

McDonough acknowledged the VA research pointing out that in addition to psychological distress, trans veterans also may experience prejudice and stigma. About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity.

“LGBTQ+ veterans experience mental illness and suicidal thoughts at far higher rates than those outside their community,” McDonough said. “But they are significantly less likely to seek routine care, largely because they fear discrimination.

“At VA, we’re doing everything in our power to show veterans of all sexual orientations and gender identities that they can talk openly, honestly and comfortably with their health care providers about any issues they may be experiencing,” he added.

All VA facilities have had a local LGBTQ Veteran Care Coordinator responsible for helping those veterans connect to available services since 2016.

“We’re making these changes not only because they are the right thing to do but because they can save lives,” McDonough said. He added that the VA would also change the name of the Veterans Health Administration’s LGBT health program to the LGBTQ+ Health Program to reflect greater inclusiveness.

Much of the push for better access to healthcare and for recognition of the trans community is a result of the polices of President Joe Biden, who reversed the ban on Trans military enacted under former President Trump, expanding protections for transgender students and revived anti-bias safeguards in health care for transgender Americans.

U. S. House Veterans’ Affairs Committee Chairman Mark Takano, D-CA, who is openly gay, issued a statement applauding McDonough’s actions.

“Veterans in need of gender confirmation surgery should not have to seek healthcare outside of the VA health system or navigate complicated processes to get the care they need,” Takano said. “VA must be inclusive of all veterans who have served, regardless of their identity.”

The Chairman of the Senate Veterans’ Affairs Committee, Jon Tester, D-MT also approved of the expansion of health care offerings for trans veterans.

“Every service member and veteran deserves equal access to quality care from VA, and this includes our LGBTQ+ veterans,” Tester said in a statement. “We must reaffirm our commitment to making VA a more welcoming place for everyone who fought to protect our freedoms.”

Gina Duncan, director of transgender equality for the statewide LGBTQ civil rights organization Equality Florida, told the Orlando Sentinel that her agency was “thrilled to have allies at the highest level of government” and noted the contrast with recent moves by the Florida Legislature and Gov. Ron DeSantis to limit transgender youth participation in school sports.

“In a moment of fierce state and local backlash against the transgender community, this move by the Biden Administration is a reminder that elections matter,” Duncan said. “Support for transgender veterans and the lifesaving healthcare they need to live authentically is a critical component to fulfilling our nation’s promise of caring for those who’ve served.”

U.S. Department of Veterans Affairs, Washington D.C. (Photo Credit: GSA U.S. Government)
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