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Fourth Appeals Court halts Trump’s trans ban

Happy Holidays, Trans Servicemembers!

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Late Friday, the District Court for the Central District of California handed President Trump yet another defeat in his dogged pursuit of banning transgender service members from serving in the US armed forces. The court issued a nationwide preliminary injunction, requested by plaintiffs in Stockman v. Trump, to halt enforcement of Trump’s trans military ban while it is being challenged in the courts.

Also on Friday, the Circuit Court of Appeals for the D.C. Circuit denied the Justice Department’s request for a stay on trans military enlistments that are now slated to start on Jan 1. The three-judge panel noted that trans people “are already serving the country openly in the military.”

The Stockman v. Trump victory is the fourth time a federal court has issued a nationwide preliminary injunction—the first was issued on October 30 in Doe v. Trump. The preliminary injunction temporarily requires that trans troops and enlistees be given equal treatment as other servicemembers, something Sec. of Defense Mattis demanded shortly after it became clear that Trump’s trans ban tweet was an order.

Plaintiffs in Stockman v. Trump include Equality California, the State of California and individual current and aspiring transgender service members. They are being represented by the National Center for Lesbian Rights (NCLR), GLBTQ Legal Advocates & Defenders (GLAD), and Latham & Watkins LLP.

“Today is a significant victory for transgender service members across the country,” Rick Zbur, Equality California Executive Director, said in a press release. “We thank our brave plaintiffs, our lawyers at the National Center for Lesbian Rights (NCLR), GLBTQ Legal Advocates & Defenders (GLAD) and Latham & Watkins LLP, and Attorney General Xavier Becerra for this win. This ruling along with the others in similar cases affirms the fact that transgender troops deserve to be treated with honor, dignity and respect.”

“This court saw the gravity of the issues at stake – for our plaintiffs, for our military, and for our national security,” said Shannon Minter, NCLR’s Legal Director. “Trump’s ban is a dangerous policy, which has wreaked havoc in the lives of transgender service members and the entire transgender community. Each court that rules against it brings us closer to a permanent end to this nightmare.”

“Four district courts have now ordered the military to allow transgender people to enlist and serve,” said Jennifer Levi, Director of GLAD’s Transgender Rights Project. “The military has put in place procedures to ensure the orderly processing of enlistment applications as of January 1. And transgender people continue to serve proudly and courageously across the globe. The case against President Trump’s ban on military service by transgender people is gaining momentum. There is no principled reason to prevent qualified transgender people, who wish to do so, from putting their lives on the line to defend our country.”

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Florida

Florida ‘Don’t Say Gay’ law goes into effect, negative impact already felt

LGBTQ youth, already at higher risk of depression, anxiety, & suicide than their peers, report their mental health being negatively impacted

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Jack Petocz (with bullhorn) leads Flagler Palm Coast High School protest against Florida's DSG bill (Photo by Alysa Vidal)

TALLAHASSEE – Florida’s HB 1557, known as the Don’t Say LGBTQ law, took effect today. The law, which bans classroom instruction on sexual orientation and gender identity in grades K-3 and restricts that instruction in grades 4-12, will immediately begin impacting efforts to make Florida classrooms more inclusive.

But its impacts have already been felt for months. Educators and school staff have shared the chilling effects they are experiencing across the state. Books with LGBTQ characters are being pulled from shelves. Rainbow “safe space” stickers are being peeled from classroom windows. LGBTQ educators are being asked to avoid speaking about their families. As the law officially goes into effect, these impacts will escalate. 

“Since the inception of this hateful policy, lawmakers have assured the public that it would not lead to censorship or erasure of LGBTQ people,” said Joe Saunders, Equality Florida Senior Political Director. “But our community has always known the truth. The Don’t Say LGBTQ law has always been fueled by anti-LGBTQ animus and designed to further stigmatize the LGBTQ community, ban books about us, erase us from classrooms, and force us back into the closet. It is a bigoted and dangerous law that is making Florida less safe for students and families, and we will work tirelessly to see it repealed.”

Throughout the legislative process, lawmakers scoffed at the suggestion that HB 1557 would have negative impacts on the LGBTQ community, even as they refused to clarify its dangerously vague language and prevent the eventual law from doing harm.

A bipartisan contingent of lawmakers offered up dozens of amendments to the bill, attempting to narrow its overly-broad scope and clarify the most vague components. These amendments came after assertions from their colleagues that the bill’s intent was narrow. However, those reasonable amendments were rejected by bill sponsors Representative Joe Harding, Senator Dennis Baxley, and their allies, leaving its language broad and discriminatory.

As a result, the chilling effects were swift and sweeping. Across the state, censorship of LGBTQ lives began in earnest and has continued until today. In Palm Beach County, School Superintendent Mike Burke began by circumventing the district’s material review process to remove multiple books featuring LGBTQ characters, citing concern about the implications of the Don’t Say LGBTQ law. He followed the move in recent weeks by issuing guidance to educators across the district for them to remove books currently being challenged and place them “in a classroom closet” and scour their shelves for other titles that may include LGBTQ characters or mention topics like racism or oppression.

Districts statewide have taken drastic steps in response to the Don’t Say Gay law. Graduation speeches have been scrubbed of references to LGBTQ advocacy. Yearbook pages have had images of Don’t Say LGBTQ walkouts blacked out. Conservative religious activists have successfully initiated challenges to dozens of books in multiple school districts. Rainbow-colored COEXIST banners and Pride flags have been stripped from school walls.

In total, LGBTQ+ equality rights advocacy group Equality Florida has received over 50 complaints of censorship aimed at the LGBTQ community since the bill was signed into law in March.

Most recently, Orange County Public Schools garnered national attention after reports emerged that during seminars designed to discuss the potential implementation of the Don’t Say LGBTQ law, school administrators were advised to begin removing rainbow “safe space” stickers from classroom windows, ask LGBTQ educators to remove family photos from their desks, and avoid talking about their loved ones at work for fear of running afoul of the new law. While exactly what advocates for equality had warned of, the revelation shocked educators across the district, who took to the next board meeting to express their deep concerns and demand written clarification.

All of these chilling effects come as LGBTQ youth, those already at higher risk of depression, anxiety, and suicidal ideation than their peers, report their mental health being negatively impacted by anti-LGBTQ policies and the debates that surround them. And they come amidst a surge in online harassment against LGBTQ people nationwide and threats of violence against LGBTQ spaces and Pride celebrations fueled by the dehumanizing anti-LGBTQ+ rhetoric launched by the DeSantis Administration in defense of the Don’t Say LGBTQ bill.

In March, the governor’s spokeswoman Christina Pushaw took to Twitter to traffic in age-old, anti-LGBTQ tropes to rescue the mired legislation, tropes that have since been parroted by Fox News hosts, right-wing influencers, and have exploded into the digital harassment and threats of violence running rampant across the country.

Equality Florida hosted a virtual press conference with lawmakers and those directly impacted on Friday morning. Those who have been impacted by the Don’t Say LGBTQ law can share their stories at freetosaygay.org.

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Indiana

South Bend Indiana Rainbow Story Hour disrupted by Proud Boys

Seven men — all Proud Boys — entered the library and began arguing with staff and patrons. Several displayed white supremacist symbols

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Proud Boys via Screenshot/Twitter

SOUTH BEND, In. – A Pride Month children’s Rainbow Story Hour event at the St. Joseph County Public Library’s Virginia M. Tutt Branch on Monday was disrupted after the far-right anti-LGBTQ+ group, the Proud Boys, walked in and began loudly arguing with staff and library patrons.

 At one point during the confrontation, one of the group unfurled a flag reading “Michiana Proud Boys,” appearing to identify the men as a local chapter of the white nationalist hate group.

This latest incident follows Proud Boys targeting LGBTQ+ Pride month events- especially Drag Queen Story Hour events- in Sparks Nevada, Wilmington North Carolina, Alameda California, Boise Idaho, many promulgated by highly influential far-right social media stars like Chaya Raichik, the Brooklyn real estate agent behind @LibsOfTikTok who has highlighted these events she calls out as inappropriate and sexualizing children to her more than 1.3 million followers on Twitter.

South Bend’s NPR outlet WVPE reported that the event was a partnership between the library and TREES, a Michiana organization that provides resources for the local transgender community and operates the Tree House Gender Resource center in downtown South Bend.

But before the event was set to start, seven men — all Proud Boys — entered the library and began arguing with staff and patrons. Several displayed white supremacist symbols, according to photos posted on social media.

Police were called — and the group left after about 40 minutes — but they caused so much disruption that the event had to be canceled.

“This definitely came as a shock,” library system communications manager Marissa Gebhard told WVPE. “We were not anticipating any problems.”

The library plans to reschedule the event in a few months, and Gebhard said the system wants everyone to feel safe and welcome at its branches.

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U.S. Federal Courts

Ketanji Brown Jackson sworn in as 116th justice of the U.S. Supreme Court

“It has taken 232 years and 115 prior appointments for a black woman to be selected to serve on the Supreme Court of the United States”

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Screenshot/YouTube SCOTUS TV via the Associated Press

WASHINGTON – In oaths administered by the Chief Justice John Roberts and outgoing Associate U.S. Supreme Court Justice Stephen Breyer, Judge Ketanji Brown Jackson was sworn in as the 116th justice of the U.S. Supreme Court.

The 51 year-old Justice Jackson made history as the first-ever black woman sworn in as a justice on the U.S. Supreme Court. She replaces Justice Breyer, whose resignation from the Supreme Court becomes effective at noon Thursday (Eastern) after his nearly 28 years of service on the nation’s high court.

In the simple ceremony held at the Court, Jackson in the constitutional oath, given by Chief Justice Roberts, solemnly swore to defend the Constitution “against all enemies, foreign and domestic,” and “bear true faith and allegiance to the same.”

Justice Breyer gave her the statutory oath, in which Jackson swore to “administer justice without respect to persons, and do equal right to the poor and to the rich.”

The newly sworn-in Associate Justice was joined by her husband, Dr. Patrick Jackson, and their two daughters, Talia and Leila.

The court will hold another formal inaugurating ceremony, called an investiture, in the fall, Roberts said. But Thursday’s ceremony allows her to immediately begin work as the newest member of the nine-seat Supreme Court.

Nominated by President Biden and confirmed by the Senate, in April at a ceremony on the South Lawn of the White House, addressing the audience of members of Congress, the Biden Cabinet, and White House staff along with family and invited guests, Justice Jackson noted;

“As I take on this new role, I strongly believe that this is a moment in which all Americans can take great pride. We have come a long way towards perfecting our union. In my family, it took just one generation to go from segregation to the Supreme Court of the United States.” 

As the first Black woman to be nominated to serve on the nation’s highest court which she noted in her remarks:

“It has taken 232 years and 115 prior appointments for a black woman to be selected to serve on the Supreme Court of the United States. But we’ve made it,” she said, to applause from the crowd. “We’ve made it, all of us, all of us. And our children are telling me that they see now, more than ever, that here in America anything is possible.“

Quoting Maya Angelou, an American author, poet and civil rights activist, “I am the hope and the dream of the slave,” Jackson said.

In statement issued by the White House, President Biden traveling back from the NATO conference in Madrid aboard Air Force One said:

“I am honored that the very first judicial nominee I selected as President – the brilliant lawyer who became “Judge Jackson” – has now become “Justice Jackson.” 

Her historic swearing in today represents a profound step forward for our nation, for all the young, Black girls who now see themselves reflected on our highest court, and for all of us as Americans. 

The Supreme Court just gained a colleague with a world-class intellect, the dignified temperament the American people expect of a justice, and the strongest credentials imaginable.  

Justice Jackson is a former public defender who served for almost a decade as a district and circuit judge.  Her nomination was endorsed by top legal experts across the political spectrum, as well as our country’s leading law enforcement organizations.  In her career, she has been confirmed four times by the U.S. Senate with bipartisan support.

She is the daughter of educators and the niece of a police chief—and she too has devoted her life to public service. 

She is also the embodiment of hard work, grace, and perseverance.

Justice Jackson’s wisdom and experience, will make all of us proud for so many years to come.

Like I said after her confirmation, Justice Jackson’s ascension to the highest court in the land makes the sun shine on so many of us in a new way.

Justice Jackson succeeds another extraordinarily brilliant jurist who has also devoted their life to their country, including in the U.S. Army as a teenager and on the Watergate Committee  – Justice Steven Breyer. Justice Breyer’s integrity and his commitment to ensuring our nation’s laws worked for the people have made him beloved by his colleagues and deeply respected across our country. I thank him again for his many years of exemplary service.”    

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