Connect with us

News

California files new motion opposing Trump trans military service ban

Published

on

Attorneys for Equality California filed a new motion Wednesday in opposition to the Trump Administration’s request to dissolve the nationwide preliminary injunction preventing the government from moving forward with a ban on military serve by transgender individuals.

U.S. District Court Judge Jesus G. Bernal issued his ruling last December in Equality California’s lawsuit, Stockman v. Trump. There are currently four separate preliminary injunctions issued by four separate federal courts, blocking Trump’s ban from moving forward while the cases are being heard by the courts.
Late last month the administration filed a motion to dissolve the injunction, telling the four federal courts that the government had issued a new policy on trans military service. In the filing Wednesday, however, attorneys for The National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD) disputed that assertion, instead outlining that government’s “new” policy merely details the steps the military plans to take to implement the ban that Judge Bernal and the three other federal court judges had already blocked from taking effect.

“There’s nothing new here, the supposedly ‘new policy’ excludes transgender people from military service. It is the same ban the courts have already enjoined,” GLAD Transgender Rights Project Director Jennifer Levi said in a statement.

Shannon Minter, NCLR’s Legal Director concurred adding, “There is no justification for a special rule banning transgender people from military service rather than permitting them to serve on the same terms as everyone else. Transgender troops have already been serving their country with honor and dignity for decades.”

The plaintiff’s case had widespread support opposing Trump Administration efforts to implement President Trump’s ban. That support has been further bolstered from the Defense Department itself as the Chief of Staffs’ of the Army, Navy, Air Force along with the Commandants of the Marines and Coast Guard, have testified to lawmakers on Capitol Hill, along with public statements that allowing transgender people to serve in the U.S. armed forces, hasn’t resulted in any problems with unit cohesion or morale, undercutting a report from Defense Secretary James Mattis that raised fears about those issues without a transgender military ban.

The service chiefs’ statements were further buttressed by six former U.S. Surgeons General, who have signed a publicly released statement disputing Defense Department assertions about the medical fitness of transgender troops.

“We are troubled that the Defense Department’s report on transgender military service has mischaracterized the robust body of peer-reviewed research on the effectiveness of transgender medical care as demonstrating ‘considerable scientific uncertainty,” the Surgeon General say. “A wide body of reputable, peer-reviewed research has demonstrated to psychological and health experts that treatments for gender dysphoria are effective.”

The Surgeon General continue: “Research on the effectiveness of medical care for gender dysphoria was the basis of the American Medical Association’s 2015 resolution that ‘there is no medically valid reason to exclude transgender individuals from service in the U.S. military.’”

The lawsuit, Stockman v. Trump, was filed on behalf of Equality California last Fall on behalf of its membership as well as individual plaintiffs Aiden Stockman, Nicolas Talbott, Tamesyn Reeves, Jaquice Tate and three unnamed current service members. Attorney General Xavier Becerra intervened as a plaintiff on behalf of the State of California in November 2017.

”Transgender Americans are guaranteed the same right to life, liberty and the pursuit of happiness as any other American,” Becerra said. “We owe transgender service members, like all Americans who courageously serve our nation, our support and gratitude for putting their lives on the line. President Trump’s transgender military service ban is primitive. It is discriminatory, plain and simple. We will fight it in every form.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Research/Study

90 percent of trans youth live in states restricting their rights

Slightly more than 75% of trans youth live in 40 states passed laws or had pending bills that restrict access to gender-affirming care

Published

on

March for Queer & Trans Youth Autonomy. (Michael Key/Washington Blade)

LOS ANGELES – According to a new report by the Williams Institute at UCLA School of Law, 93% of transgender youth aged 13 to 17 in the U.S.—approximately 280,300 youth—live in states that have proposed or passed laws restricting their access to health care, sports, school bathrooms and facilities, or the use of gender-affirming pronouns.  

In some regions, a large percentage of transgender youth live in a state that has already enacted one of these laws. About 85% of transgender youth in the South and 40% of transgender youth in the Midwest live in one of these states.

An estimated 300,100 youth ages 13 to 17 in the U.S. identify as transgender. Nearly half of transgender youth live in 14 states and Washington D.C. that have laws that protect access to gender-affirming care and prohibit conversion therapy.

All transgender youth living in the Northeast reside in a state with either a gender-affirming care “shield” law or a conversion therapy ban, while almost all transgender youth in the West (97%) live in a state with one or both protective laws.

“For the second straight year, hundreds of bills impacting transgender youth were introduced in state legislatures,” said lead author Elana Redfield, Federal Policy Director at the Williams Institute. “The diverging legal landscape has created a deep divide in the rights and protections for transgender youth and their families across the country.”

KEY FINDINGS:

Restrictive Legislation

Bans on gender-affirming care

237,500 transgender youth—slightly more than three-quarters of transgender youth in the U.S.—live in 40 states that have passed laws or had pending bills that restrict access to gender-affirming care.113,900 transgender youth live in 24 states that have enacted gender-affirming care bans.123,600 youth live in 16 additional states that had a gender-affirming care ban pending in the 2024 legislative session.

Bans on sports participation

222,500 transgender youth—nearly three-quarters of transgender youth in the U.S.—live in 41 states that have passed laws or had pending bills that restrict participation in school sports.120,200 transgender youth live in 27 states where access to sports participation is restricted or state policy encourages restriction.102,300 transgender youth live in 14 additional states that had a sports ban pending in the 2024 legislative session.

School bathroom bans

117,000 transgender youth live in 30 states that have passed laws or had pending bills that ban transgender students from using school bathrooms and other facilities that align with their gender identity.38,600 transgender youth live in 13 states that explicitly or implicitly ban bathroom access.78,400 transgender youth live in 17 additional states that had a bathroom ban pending in the 2024 legislative session.

Bans on pronoun use

121,100 transgender youth live in 31 states that have passed laws or had pending bills that restrict or prohibit the use of gender-affirming pronouns.49,100 transgender youth live in 14 states that have restricted or banned pronoun use, particularly in schools or state-run facilities.72,000 transgender youth live in 17 additional states that had a restriction or prohibition pending in the 2024 legislative session.

Gender-affirming care “shield” laws

163,800 transgender youth—over half of transgender youth in the U.S.—live in 18 states and D.C. that have passed gender-affirming care “shield” laws or had pending bills that protect access to care.146,700 transgender youth live in 14 states and D.C. that have passed these protections.17,100 transgender youth live in four additional states that had a “shield” law pending in the 2024 legislative session.

Conversion therapy bans

204,800 transgender youth live in 31 states and D.C. that ban conversion therapy or had pending bills that prohibit the practice for minors.198,000 transgender youth—about two-thirds of transgender youth in the U.S.—live in 27 states and D.C. that ban conversion therapy for minors.6,800 transgender youth live in four additional states that had a ban pending in the 2024 legislative session.
“A growing body of research shows that efforts to support transgender youth are associated with better mental health,” said co-author Kerith Conron, Research Director at the Williams Institute. “Restrictions on medically appropriate care and full participation at school exacerbate the stress experienced by these youth and their families.”

Read the report: (Here)

Continue Reading

Ventura County

“Queers in the Valley” Ojai launches & is ready to celebrate Pride

Queers in the Valley are fundraising for Ojai’s first ever Pride Picnic & Celebration following the 33rd annual Pride Walk on June 30th, 2024

Published

on

Queers in the Valley-Ojai (Photo Credit: JoEllen Depakakibo)

OJAI, Calif. – JoEllen Depakakibo, founder of Pinhole Coffee in San Francisco’s charming Bernal Heights has resettled in northeastern Ventura County with a new mission, a Pride Picnic & Celebration in Ojai.

Depakakibo along with her wife and child now call Ojai home and when not running a Pinhole Coffee EV-van have gathered with other LGBTQ+ community members launching the effort to raise funds for Ojai’s first Pride Picnic & Celebration.

The Pride Picnic & Celebration following the 33rd annual Pride Walk on Sunday, June 30th, 2024. According to a Facebook Post by Depakakibo, organizers enlisted the help of Rachel Lang the first out LGBTQ+ Ojai City Councilmember and support from Ojai Mayor Betsy Stix.

In a GoFundMe page and on the group’s ‘Queers in the Valley’ website the group is soliciting assistance to fund their efforts:

We are Queers in the Valley, and are fundraising for Ojai’s first ever Pride Picnic & Celebration following the 33rd annual Pride Walk on Sunday, June 30th, 2024!

Our mission is to find, build, strengthen, support and inspire the Queer Community in Ojai Valley. Our intention is to make it as Ojai as possible, and lay a foundation of safety and inclusion for our Trans, BIPOC, Disabled, and Low-Income Queer Family.

Help us raise $3000 to:

– pay our Queer Entertainers

– pay our Queer Graphic Designer and build out our website

– print signs and flyers

– rent Libbey Park

– make the event as accessible as possible for BIPOC, Disabled, and Low Income folx through things like ASL interpretation, non-police security, free covid testing, discounts for food options, etc.

– purchase 1-day event insurance

– pay for materials for such things as a kids crafting corner

Send us a message if you want to get involved!

gofundme.com/ojaipride

instagram/@queersinthevalley

The group noted:

If you are a local Queer artist, vendor or organization that wants to be featured on our website/want to volunteer/have any suggestions or questions…reach out to us (contact info on website).

This group was started with the yearning of mentioned intentions above from many people. Representation matters

Continue Reading

Maine

Maine’s Governor Mills signs trans & abortion sanctuary bill into law

Despite a series of bomb threats against legislators in the state, Gov. Janet Mills has signed a trans & abortion sanctuary bill

Published

on

Maine Governor Janet T. Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo Credit: Office of the Governor)

By Erin Reed | AUGUSTA, Maine – On Tuesday, Gov. Janet Mills of Maine signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect transgender and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of transgender healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on transgender patients who traveled to obtain care. According to the United States Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states… opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the Attorney General of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on transgender care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Riley Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of EqualityMaine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Governor Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40% of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing transgender people and those seeking abortions with protections as the fight increasingly crosses state lines.

****************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

Continue Reading

California Politics

Recognizing & celebrating lesbians: Mayor Pro-Tem of El Cerrito

Lesbian Visibility Week stands as a vibrant affirmation of solidarity with lesbian/queer women within the LGBTQ+ community

Published

on

Mayor Pro-Tem of El Cerrito, California, Carolyn Wysinger. (Photo Credit: Carolyn Wysinger)

EL CERRITO, Calif. – Carolyn Wysinger is a distinguished figure in both local politics and the LGBTQ+ community having risen as a prominent voice advocating for inclusivity and diversity. Her first term as Mayor Pro-Tem of El Cerrito, California is marked by a robust commitment to visibility and engagement in political arenas.

First elected to the El Cerrito City Council in 2020, Wysinger’s trajectory in politics has been underpinned by her resolve to bring LGBTQ+ voices to the forefront of decision-making. Her work emphasizes the crucial role of allies in combating anti-LGBTQ+ legislation, advocating for a political landscape that welcomes all voices, particularly those from marginalized communities.

Carolyn Wysinger shown here as the latest newly elected member of the El Cerrito City Council in 2020.
(Photo courtesy of Carolyn Wysinger)

Before venturing into politics, Wysinger made significant contributions to the cultural and educational sectors. A lifelong resident of Contra Costa and a proud graduate with a B.A. in English from California State University, Long Beach, with a M.F.A. from Antioch University, she has also been a vital part of the literary world. Her book, “Knockturnal Emissions: Thoughts on #race #sexuality #gender & #community,” provides insights into diverse identities and has been featured on essential reading lists at several universities.

Wysinger’s influence extends beyond her literary achievements. She has organized notable queer events such as LA’s NFL Sunday Funday and the Long Beach Blue Party, and she has held leadership roles with organizations such as the NIA Collective, San Francisco Pride, and the Human Rights & Relations Commission of Richmond. Her appointment to various committees, including the Economic Recovery Task Force of San Francisco and the Legislative Committee of the California Democratic Party, showcases her broad impact across social and political spheres.

Her community engagement is highlighted by her affiliations with the Sierra Club, NAACP, Black Women Organized for Political Action, and her involvement in the Philonise and Keeta Floyd Institute for Social Change. These roles reflect her deep commitment to addressing systemic inequalities and fostering community solidarity.

In addition to her political and social endeavors, Wysinger is known in her community as an educator who has profoundly impacted the lives of her students at Richmond High School, where she taught English Language Learning, African-American Literature, and led several student groups, including the Black Student Union and LGBTQ Student club.

Wysinger’s Take on Lesbian Visibility Week

In an exclusive interview with The Los Angeles Blade, Wysinger shared her robust insights on the significance of representation and the ongoing struggles and victories of the LGBTQ community during Lesbian Visibility Week.

Wysinger, a steadfast advocate for equal representation in politics, emphasized the necessity of proportional representation of women, including LGBTQ individuals and people of color. “Having a proportional amount of women represented in politics to the constituents is extremely important. We need this not only for women but for everyone in the community,” she explained, underlining the intersectionality of representation.

The current political climate has seen a surge in anti-LGBTQ laws, but Wysinger remains optimistic due to the strong network of allies within California. “It is great to know we have so many allies in California who are fighting in their respective offices to bring equity to our community,” she said.

This network includes notable figures such as London Nicole Breed, the Mayor of San Francisco and State Controller Malia Cohen, who have been pivotal allies, supporting Wysinger as a woman of color in her political journey.

Wysinger also addressed a common narrative that discourages women within the LGBTQ community from seeking elected office. She is committed to dismantling this mindset, attributing her success in leadership to the support from various political queer groups, including Equality California.

Reflecting on the evolution of LGBTQ visibility, Wysinger highlighted the stark contrast between the representation she observed growing up between the Bay Area and Louisiana and the visibility in today’s media.

“Lesbian Visibility Week is something that we did not have back in the ’70s, ’80s, and ’90s when we were being so heavily targeted. This week is a reminder of what we have done in the community and that we are here. It is so important to highlight the queer women who are on the front lines of what we are fighting right now,” Wysinger said.

Wysinger credits her nieces and nephews as a significant inspiration, underscoring the importance of nurturing the future generation of leaders and allies. Her message to the younger generation and to her younger self is resonant with empowerment: quoting a line from the television sitcom “A Different World,” delivered by famed Black comedian Whoopi Goldberg, Wysinger said, “You are a voice in this world, and you deserve to be heard.”

Through her leadership and advocacy, Wysinger continues to champion the visibility and representation of lesbian and queer women, paving the way for a more inclusive and equitable future.

Lesbian Visibility Week

Lesbian Visibility Week, extending the celebration from a single day that began in 2008 to a full week, stands as a vibrant affirmation of solidarity with LGBTQI women and non-binary individuals within the community. This special week  spanning April 22-28not only celebrates lesbian identity but also underscores the importance of inclusivity and support for all women, particularly those from marginalized communities.

Graphic design by Chiamaka Ejindu

The initiative for Lesbian Visibility Week was catalyzed by concerning findings from the Pride Matters survey conducted by Pride in London in 2018, which revealed that gay women are almost twice as likely to conceal their sexual orientation in the workplace compared to their gay male counterparts. This stark disparity highlights the urgent need for greater visibility and acceptance of lesbian, bisexual, transgender, and queer women both in professional environments and in daily life.

Organized with the support of the Diversity Umbrella Foundation, Lesbian Visibility Week aims to create a more inclusive society where LBTQ women can openly express their true selves without fear of discrimination. Whether it’s at work, at home, or in social settings, the week promotes a culture of understanding and acceptance.

The significance of Lesbian Visibility Week is also reflected in the efforts of DIVA Media Group, Europe’s leading LGBTQ media organization, which reaches an audience of 250,000 users monthly, in partnership with EL*C (Euro Central Asian Lesbian Committee), ILGA World, GLAAD, Curve and LGBT Foundation. Feedback from the community indicates a persistent feeling of being misunderstood and under-supported, further emphasizing the necessity of this observance.

Through a series of events, educational activities, and community engagements, Lesbian Visibility Week not only celebrates the contributions and diversity of lesbian women but also fosters a dialogue about the challenges they face. By doing so, it strives to be a powerful voice for unity, lifting up voices that are too often silenced and paving the way for a more equitable society.

Continue Reading

State Department

State Department releases 2023 human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

Published

on

WASHINGTON — Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ+ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ+ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ+ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ+ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ+ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ+ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

Continue Reading

Caribbean

Dominica High Court of Justice decriminalizes homosexuality

Gay man challenged statute in 2019

Published

on

Dominica flag (Public domain photo)

ROSEAU, Dominica — Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ+ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

Continue Reading

Politics

Smithsonian staff concerned about future of LGBTQ programming

Secretary Lonnie G. Bunch III appeared before a hearing led by Republicans flagging concerns re: “the Left’s indoctrination of our children”

Published

on

The Smithsonian Institution, located in Washington D.C. on the National Mall, is the world's largest museum and research complex, with 21 museums, 9 research centers, and affiliates around the world. (Photo Credit: Smithsonian Institution)

WASHINGTON — Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

Continue Reading

Florida

Gov. DeSantis denounces ‘weaponization’ of book challenges

‘They’re going to be holding many teachers accountable,’ he said signing a bill restricting nonparents to 1 book challenge per month

Published

on

“Gender Queer,” a graphic memoir by Maia Kobabe, was the most challenged book in America in 2022, according to the American Library Association. (Photo by New Jersey Monitor)

By Michael Moline | TALLAHASSEE, Fla. – The DeSantis administration plans to punish teachers and principals deemed to be exploiting public school book challenges to, in the governor’s view, “weaponize” Florida’s parental rights laws.

DeSantis leveled that charge Monday during a news conference in Pensacola. On Tuesday, he raised it again during a second news conference in Jacksonville, where he signed legislation restricting nonparents to one book challenge per month.

The challenges come under state law allowing anyone to complain about the content of classroom materials they deem objectionable or pornographic. The laws require removal of challenged books pending reviews that can take considerable time. DeSantis began trying to tone down the situation in February, in advance of the 2024 legislative session.

 Gov. Ron DeSantis addresses a news conference on April 16, 2024, in Jacksonville. Source: Screenshot/DeSantis Facebook

“Manny, in the Department of Education, they’re going to be holding many principals or teachers accountable who are weaponizing this,” DeSantis said Tuesday, referring to Education Commissioner Manny Diaz Jr.

DeSantis cited Sarasota County teachers who “papered over every book in the classroom, saying, ‘Oh! You can’t have books! The state’s not letting me show you books! That’s a lie. That’s not true. That’s performative.

“And so, that’s somebody who’s entrusted to teach kids putting their political agenda over the best interests of the students’ education and their access to learning. That’s wrong; that’s not going to stand in the state of Florida. So, we don’t have time for your activism; we don’t have time for your nonsense. We have a process in place to empower parents,” the governor said.

Teachers told the Sarasota Herald Tribune in January 2023 that they feared prosecution if they put students in contact with unvetted books.

The Phoenix asked the administration for an explanation of any investigations launched or punishment inflicted on school employees but hasn’t heard back yet.

Rebuttal

Florida Education Association President Andrew Spar issued a rebuttal in the form of a written statement.

“It’s important to remember that Gov. DeSantis’ full throated support is the reason why fringe groups who do not represent the majority of Floridians and often do not have students in the classroom have felt so comfortable removing books off shelves and making Florida the leader in the nation on book banning,” Spar said.

 Andrew Spar, president, Florida Education Association. Credit: FEA

“This rule does nothing to fix the vague language that caused the issue in the first place, no matter how much the Governor and Commissioner Manny Diaz try to shift blame. Schools, teachers, and media specialists have long been asking for guidance on this issue and once again, instead of providing students what they need, Florida’s elected and appointed officials decide to play the blame game instead of taking responsibility,” Spar continued.

The American Library Association has reported that the bulk of the book challenges nationally come from conservatives.

“Recent censorship data are evidence of a growing, well-organized, conservative political movement, the goals of which include removing books about race, history, gender identity, sexuality, and reproductive health from America’s public and school libraries that do not meet their approval,” the association says in a written statement on its website.

“Using social media and other channels, these groups distribute book lists to their local chapters and individual adherents, who then utilize the lists to initiate a mass challenge that can empty the shelves of a library,” the association continues.

Florida saw 2,672 titles challenged during 2023, it says.

Meanwhile, PEN America recorded 1,406 book ban cases in Florida during the 2022-2023 school year, which accounted for 40% of the national total.

One challenge per customer

The new law (HB 1285) restricts challenges by people without children in a school district to one per month, while parents and guardians remain free to issue unlimited challenges.

 Florida Education Commissioner Manny Diaz Jr. Credit: Florida Department of Education

That would still allow 12 challenges by nonparents per year, Diaz observed during Tuesday’s news conference. However, “Anyone who creates a cottage industry of going around the state and just creating challenges just to gunk up the system and put schools in arrears as far as reviewing these books, that person won’t be able to do it anymore,” Diaz said.

DeSantis complained that the news media have inflated challenges against classic books and biographies of important Americans while playing down other materials, including LGBTQ content, that he considers unsuitable for young kids or even pornographic.

“They’ve said, ‘Oh, you know, you’re not having Rosa Parks’ — and yet that’s on the summer reading list. Things about Hank Aaron, a book of the month from the Department of Education. So that’s clearly a bad-faith challenge, just trying to create a narrative,” DeSantis said.

“Some of those bad-faith actions have been done from people within the school system who are doing that to try to create a narrative. So, Manny will be able to hold those folks accountable because clearly there’s nothing in Florida law that would tell you to do that,” he continued.

Spar observed: “What Gov. DeSantis and Commissioner Manny Diaz always seem to forget when they attack public schools is that they have failed public schools through their punitive policies that have worsened the teacher and staff shortage and kept teacher and staff pay low. It is clear their political agenda is more important than the needs of Florida’s students.”

**************************************************************************************

Michael Moline

Michael Moline has covered politics and the legal system for more than 30 years. He is a former managing editor of the San Francisco Daily Journal and former assistant managing editor of The National Law Journal.

**************************************************************************************

The preceding article was previously published by the Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

Continue Reading

Louisiana

Louisiana’s Superintendent of Education decries new Title IX rules

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females”

Published

on

Superintendent of Education Cade Brumley being interviewed on WVLA-TV NBC 33 local news. (Screenshot/YouTube WVLA)

BATON ROUGE, La. – In a letter sent out Monday to all Louisiana school districts, state Superintendent of Education Cade Brumley warned that administrators should not comply with new federal rules that extend civil rights protections to LGBTQ+ students.

The Biden-Harris administration’s revised final rule of Title IX policy protects LGBTQ+ students from discrimination and other abuse was issued by the U.S. Department of Education last Friday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

In his letter, reported by NOLA.com/The Advocate, Brumley said the federal rules, which take effect Aug. 1, would force schools to allow transgender girls to use girls’ restrooms and locker rooms. He also said the rules would compel teachers to call students by their preferred names and pronouns — a requirement that would appear to conflict with a bill in the Louisiana Legislature to protect teachers who refuse to refer to students by pronouns that don’t match their sex assigned at birth.

Related

Brumley said he believes the rules would also conflict would a 2022 state law that bans transgender girls and women from participating on female sports teams at the K-12 school or college level, NOLA.com/The Advocate reported.

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females,” he wrote in the April 22 letter.

Restating his “staunch opposition” to the federal rules, Brumley said “it remains my position that schools should not alter policies or procedures at this time.”

Jennifer Klein, the director of the White House Gender Policy Council, said during a call with reporters Thursday that the administration sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

Continue Reading

Political commentary & analysis

20 bills die as Iowa Legislature adjourns-attacks on LGBTQ+ fail

Iowa becomes the latest state to adjourn Sine Die without passing a single piece of explicitly anti-LGBTQ+ legislation

Published

on

Iowa's state capitol building in Des Moines. (Photo Credit: State of Iowa)

By Erin Reed – DES MOINES, Iowa – In the latest in a series of victories for trans and queer people in statehouses across the United States, Iowa’s legislature has adjourned sine die without passing a single piece of explicitly anti-LGBTQ+ legislation.

This is despite more than 20 bills being introduced targeting LGBTQ+ individuals, including some introduced and prioritized by the governor herself.

Other states, which have historically shown a willingness to pass LGBTQ+ legislation, have also failed in efforts to pass such legislation this year, including Florida, Georgia, and West Virginia. This is leaving some to wonder if anti-trans and anti-queer politics are beginning to run into resistance, at least in the lead-up to the 2024 election fight.

This year, Iowa was at the center of numerous debates over anti-LGBTQ+ legislation, particularly targeting transgender individuals. One bill aimed to remove transgender people from the state’s civil rights code and declare them “disabled.” 

Another proposal, known as the “pink triangle bill,” would have required special gender markers on the birth certificates and driver’s licenses of transgender people. One bill would have redefined “equal” to no longer mean “same” or “identical” for transgender people.

A further measure sought to ban transgender individuals from restrooms that match their gender identity. Nonetheless, all of these bills failed to pass as the legislature reached its closing hours.

This is not due to a lack of effort by a handful of Republican legislators who saw this as their priority issue. In the final moments of the session, sensing defeat, Republicans attempted to pass an anti-transgender birth certificate bill by introducing an amendment to ban such certificates onto a bill supporting the loved ones of fallen veterans.

Perhaps realizing that such a move would likely be seen as politically unpopular, they withdrew the amendment before the legislature adjourned.

Over 20 bills targeting the LGBTQ+ community that were introduced this year died. Counting rollover bills from the previous year, Iowa Safe Schools states that number is as high as 39 bills that have been defeated.

The only bills to pass was a broad “religious freedom restoration act,” which could allow broad discrimination against LGBTQ+ people and many other classes of people using religion as a shield, as well as a DEI ban. Though both bills have negative impacts on LGBTQ+ people, neither bill contained the targeted provisions seen in several others that were introduced this year.

Iowa has been the site of fierce resistance to anti-LGBTQ+ legislation this year. For one piece of legislation removing transgender people from the state civil rights code, over 300 people lined up in the hallway to speak out against the bill. When the bill was defeated in committee, cheers could be heard throughout the hallway.

Responding to that bills defeat at the time, Damian Thompson of Iowa Safe Schools stated, “From what I can tell, opposition was overwhelming, before the hearing, during the hearing, and after the hearing.” He later added, “This is the kind of response we need to see with every anti-LGBTQ legislation. We need the entire community united in opposition. What they are trying to do, we’ve seen it, they are trying to divide us. The LGB against the T, and it’s not going to work.”

Image
Crowd in opposition to HB2082 stripping civil rights from transgender people, source: Oliver Weilein

Iowa is not the only state to witness significant victories over anti-LGBTQ+ and anti-trans legislation this year. Earlier, all explicitly anti-LGBTQ+ bills—20 in total—were defeated in Florida, prompting a statement from local HRC advocates that “The tide is turning.”

Similarly, over 20 bills failed in West Virginia, leading to celebrations. In Georgia, every anti-LGBTQ+ bill also failed, despite similar last-minute attempts to amend anti-LGBTQ+ legislation into entirely unrelated bills.

Although attacks on trans and queer individuals have encountered significant obstacles in Iowa and other states historically targeting LGBTQ+ people, some states are advancing with particularly severe legislation.

These states include TennesseeAlabama, Mississippi, and Louisiana, all of which have introduced bills that would ban transgender people from bathrooms, allow individuals with religious objections to adopt LGBTQ+ children, and more.

Meanwhile, Ohio is moving forward with a bathroom ban that could affect transgender adults in colleges, and Utah has already passed a sweeping bathroom and locker room ban this year. Additionally, the United States presidential election is already witnessing political attacks on transgender individuals, which may intensify in the coming months.

For transgender Iowans, however, any further attacks will have to wait until the outcomes of the 2024 election cycle are clear. Early indications from Iowa suggest that such attacks may not be politically popular in the state.

For example, Moms For Liberty candidates were defeated in 12 of 13 highly contested school board elections in the state in 2023. Additionally, Pella, Iowa—a town that favored Trump by over 35 points—defeated a local book ban.

If similar election results occur in 2024, then attacks on LGBTQ+ individuals may continue to falter in the state, giving its trans and queer residents a moment to breathe as they begin the long battle to roll back harsh laws targeting LGBTQ+ people enacted in recent years.

****************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

Continue Reading

Popular