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Sen. Kamala Harris calls out judicial nominees for anti-LGBT bias

WAKE UP CALL! McConnell intends to pack the courts

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Sen. Kamala Harris (Photo courtesy Harris’ office)

Last November, a year and change after Donald Trump’s surprise election, respected New York Times reporter Linda Greenhouse wrote a column about the “conservative plan to weaponize the federal courts.”

While progressives generally expected Trump to payback his conservative supporters with at least one Supreme Court justice, a 37-page plan written by Northwestern University law professor Steven G. Calabresi, founder and board chair of the conservative Federalist Society, declared their intention: “undoing the judicial legacy of President Barack Obama.”

“There is something bracing about the naked activism of a leader of a movement that has spent the past generation railing against judicial activism,” Greenhouse wrote of Calabresi’s plan to pack the courts. “There has never been anything like the weaponizing of the federal judiciary that is currently taking place. Seventeen of President Trump’s 18 nominees to the federal appeals courts are connected to the Federalist Society. Donald McGahn, the White House counsel, joked at the Federalist Society’s annual convention in Washington last week that it was ‘completely false’ that the Trump administration was outsourcing to the group the task of finding judicial nominees. ‘I’ve been a member of the Federalist Society since law school,’ Mr. McGahn said. ‘Still am, so frankly it seems like it’s been in-sourced.’”

That was in Nov. 2017. Last Tuesday, as eight states faced key primary votes, Senate Majority Leader Mitch McConnell announced he was keeping the Senate in session through much of August to deal with legislation—and a backlog of judicial nominations. In other words, while America is distracted with whatever Trump tweets next and politicos worry about the midterms, McConnell is going to implement Calabresi’s plan, undo Obama’s legal legacy—and put lower court judges in place who comport to the right wing conservative ideology.

And while few are paying attention—California Sen. Kamala Harris is. On Thursday, June 7, at a Senate Judiciary Committee business executive meeting, Harris spoke up about how Trump’s judicial nominees have records of bias toward the LGBT community.

“This is LGBTQ Pride Month—the month where we recognize and lift up many contributions of LGBTQ Americans,” Harris said. “It also serves as a reminder that we must continue to fight for the rights of LGBTQ individuals, who have been marginalized and have faced discrimination for far too long simply because of who they are and who they love. But despite the tremendous progress this country has made in recognizing equal rights for all Americans—including LGBTQ Americans—this Committee has approved many nominees who have fought against that progress at every step.

“For instance, we have had a nominee who argued that a judge’s impartiality should be questioned because the judge is in a committed, same-sex relationship,” Harris continued. “We have had another nominee who has repeatedly asserted that full marriage equality ‘imperils civic peace’…These are just a few of the nominees who have openly expressed hostility to the LGBTQ community and who have fought against full equality for LGBTQ Americans. And these are the same nominees who will likely preside over cases involving the rights of those Americans.”

Harris previously spoke out against Howard Nielson, Jr.’s nomination to be District Judge for the District of Utah, for his role in representing proponents of Prop 8, a ballot measure that stripped away marriage equality in California—a fight with which Harris was intimately familiar as State Attorney General.

Harris’ comments should serve as a wakeup call to LGBT organizations and activists who believe the courts will be defenders of LGBT civil rights as the Trump administration continues to roll back LGBT progress.

Full transcript of Harris’ statement:

Thank you, Mr. Chairman and I’d like to associate myself with my colleague’s remarks. It is truly deeply troubling that we’re moving forward with a nominee who has neither his home state senators’ blue slips and neither of them, and who has misled the commission that was vetting him.

In addition, I think it’s important to recognize that this is LGBTQ Pride Month—the month where we recognize and lift up many contributions of LGBTQ Americans.

It also serves, this month, as a reminder that we must continue to fight for the rights of LGBTQ individuals who have been marginalized and have faced discrimination for far too long simply because of who they are and who they love.

But despite the tremendous progress this country has made in recognizing equal rights for all Americans – including LGBTQ Americans – this Committee has approved many nominees who have fought against that progress at every step.

Everyone who comes before this Committee says that they will set aside their personal views and provide a fair hearing to those who stand before them.

But some of these nominees have extreme views and it is difficult to see how any LGBTQ American could reasonably believe that these nominees would give them a fair hearing.

For instance, we have had a nominee who argued that a judge’s impartiality should be questioned because the judge is in a committed, same-sex relationship.

We have had another nominee who has repeatedly asserted that full marriage equality “imperils civic peace.” That nominee is now a confirmed judge with a lifetime appointment.

We have had yet another nominee who expressed support for the county clerk in Kentucky who defied a federal court order by refusing to issue marriage licenses to gay couples after the Obergefell decision.

These are just a few of the nominees who have openly expressed hostility to the LGBTQ community and who have fought against full equality for LGBTQ Americans. And these are the same nominees who will likely preside over cases involving the rights of those Americans.

And it is a sad truth that showing hostility toward the LGBTQ community is not something that has disqualified individuals from becoming a nominee of this administration.

As this Committee knows, these lifetime appointees will make important decisions about the lives and opportunities of all Americans, including LGBTQ Americans for generations to come.

As evidenced by the Masterpiece Cakeshop case that was decided just this week.

And as this Committee knows in that case the Court ruled against the Colorado Civil Rights Commission because the Commission did not act as a neutral decision-maker for the plaintiff. At the same time, the decision reaffirmed that LGBTQ Americans are equal and should not be subject “to indignities when they seek goods and services in an open market.”

What is clear from that decision is that the LGBTQ community will have to continue to fight for equality. And that is a fight that we—as Americans who care about civil rights and equal dignity—must all join.

And that includes ensuring that our federal judiciary is not stacked with individuals who have shown hostility to any group of Americans, especially those who have dedicated their careers to undermining the equality of LGBTQ Americans.

This flood of extreme nominees is being rushed through and does not reflect the best principles of our system of justice. And this has to stop. I believe we can do better. Thank you.

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Iowa

Iowa’s Supreme Court upholds anti-LGBTQ hate crime conviction

Robert Clark Geddes, 27, of Boone, Iowa, was arrested after leaving handwritten notes reading, “Burn that gay flag”

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Iowa State Supreme Court building, Des Moines, Iowa. (Photo Credit: State of Iowa government)

DES MOINES, Iowa – The Iowa State Supreme Court on December 1, upheld the conviction of a man who left threatening notes on the homes of people displaying LGBTQ Pride flags during the June 2021 Pride month.

Robert Clark Geddes, 27, of 1814 Eighth Street in Boone, Iowa, was arrested after leaving handwritten notes reading, “Burn that gay flag,” at four different houses in this small hamlet of 12,000 located 49 miles northwest of Iowa’s capital city.

According to a local media outlet, the Perry News in its June 23, 2021 reporting, Boone City Council member Elijah Stines was one of the victims of the hate crimes.

“Let me be very clear,” Stines said on Facebook. “I will never back down from standing up for the lives of my LGBTQ friends, family, constituents and all members of our community. My house was one of five locations in my ward alone that I know of that received a similar cowardly note this weekend. To everyone in the Boone LGBTQ community: There are so many more people here who will stand with you and ensure your safety than would threaten it. Call on us any time!”

Investigators determined that the four notes were “linked together by consistent handwriting, matching paper tear marks and marker bleed through on each page,” according to court records.

The victims were “annoyed and alarmed” by the notes, and Geddes “had no legitimate purpose to be on the property other than commit a public offense,” according to court records.

Associate Judge Stephan A. Owen, for the Iowa District Court for Boone County, found Geddes guilty and sentenced him to up to two years of probation.

On September 14, 2023, he appealed his convictions for trespass as a hate crime, arguing that the evidence of guilt was insufficient and that the convictions violated his constitutional rights of free speech and due process.

In its Friday ruling the high court disagreed noting: “The individuals’ display of the LGBTQ+ flag or flag decal on their own properties was an exercise of First Amendment rights; the defendant’s surreptitious entry onto those properties to post his harassing notes was not.”

The Associated Press reported that as the court noted, the rainbow flag has come to symbolize support for LGBTQ+ rights. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent — trespassing because the property owners or residents had associated themselves with a protected class.

The AP also reported that in his dissent, Justice Matthew McDermott said there was no evidence in the record that the recipients of Geddes’ notes were members of the LGBTQ+ community or whether he believed they were, nor whether any of the residents had an “association with” an actual person in those protected classes. He noted that the Legislature chose the words “association with” rather than “solidarity with” when it wrote the hate crime law.

“As a symbol, a flag doesn’t independently create or express actual association with particular persons,” McDermott wrote, adding that, “Not everyone who displays a pirate flag is associated with actual pirates.”

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National

LGBTQ resort communities threatened by climate change

LGBTQ communities and destinations are grappling with the “existential” threat posed by the crisis of worsening weather storms

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The beach in Fire Island Pines, New York, on Fire Island has been the scene of extreme erosion in recent years. (Photo by Actum Vice President Savannah Farrell)

By Cal Benn | WASHINGTON – As the world reckons with worsening impacts of climate change, some LGBTQ communities and destinations are grappling with the “existential” threat posed by the crisis.

The United Nations’ annual climate conference will take place in the United Arab Emirates through Dec. 12. LGBTQ climate activists, however, are concerned about representation at COP28 because the meeting is taking place in Dubai, which is in a country that criminalizes consensual same-sex sexual relations.

President Joe Biden on Nov. 14 delivered a statement on climate change policy during his administration. Biden spoke on the American Rescue Plan, the Fifth National Climate Assessment, new transparency about the state of the country’s climate and more. 

Biden emphasized “advancing environmental justice for disadvantaged communities, because they’re the ones always left behind.” Evidence of this trend can be found in LGBTQ destinations across the country.

Julian Cyr, a gay Massachusetts state senator who represents Provincetown and other towns on Cape Cod, recognizes the state’s importance to the LGBTQ community, stating that “according to the Census, it may be the highest per capita density of LGBTQ+ people certainly in the United States, and perhaps internationally.”

Provincetown, a popular gay destination located at the tip of Cape Cod, is facing worsening storms as climate change advances. These storms reshape the natural environment as well as damage the built environment. A series of Nor’easters in 2018 flooded Provincetown, damaging homes, businesses and the town hall. 

“The climate crisis is … already forcing us to do a lot of planning and reevaluation of coastal resilience of our built environment,” said Cyr. 

All hope isn’t lost yet for Massachusetts destinations. 

Then-Gov. Charlie Baker, a Republican, in 2022 introduced the Climate Roadmap, which aims for zero carbon emissions by 2050. The state also is building the country’s first offshore wind farm, Vineyard Wind. 

Cyr said citizens can push for climate change legislation by making the urgency known to their local elected officials.  

“This is truly existential for coastal, low-lying communities like those that I represent,” said Cyr. “It’s really important that constituents weigh in with their elected officials and make sure that they know that this issue is crucially important. I don’t know how we not solve this issue.”

Experts are seeing similar effects in nearby LGBTQ destinations, such as Cape Cod.

“One thing that we do see already is the effect of storms,” said Mark Adams, a retired Cape Cod National Seashore cartographer. “Those storms are the signal of sea level rise.”

Adams said that as a result of rising temperatures and new, intense storms, he is also starting to see damaged ecosystems, unnatural migration patterns of local wildlife, and planting-zones moving northward. Adams told the Washington Blade these changing ecological relationships may mean an uncertain future for life along the coast: the self-sustaining lifestyle and seafood could be at risk as ocean acidification puts shellfish in danger. 

“If you can’t get oysters and clams, that would really change life on Cape Cod,” he said. 

In addition to the damage caused by storms, Cape Cod’s natural environment is also facing the threat of littering and plastic pollution. While the area’s beaches keep tourism alive, fishing gear and marine debris washing up on the shore are growing concerns for the community. 

Adams said this is where the choices individuals make to avoid plastics will make a huge difference in the future of these communities. 

“There are little choices we can make to get off of the petroleum stream,” he said.

A car in floodwaters in Miami Beach, Fla., in July 2018. Climate change has made Miami Beach and other coastal cities more susceptible to flooding.
(Washington Blade photo by Michael K. Lavers)

Aspen Gay Ski Week adapts to warmer winters

Aspen Gay Ski Week was the first gay ski week, and it is the largest such event in the world, and is the only non-profit gay ski week.

Rising temperatures and short winters are growing concerns for destinations like Aspen, Colo., that depend on snow, according to AspenOUT Executive Director Kevin McManamon.

“As our seasons get shorter … we have to plan for the future,” McManamon said.

Colorado has also faced increased forest fires in recent years.

The Marshall Fire in 2021 devastated the state, destroying buildings and killing two people. Increasingly dry conditions feed into these fires, which will mean more impacts on humans, nature, and infrastructure.

McManamon nevertheless said he is optimistic about Aspen Gay Ski Week’s future due to the organization’s forward thinking. One such initiative is its involvement with Protect Our Winters, an organization that advocates for protecting the environment with the support of the outdoor sports community. 

“The cool part about being here in Aspen and having a great relationship with Aspen Skiing Company is that they are … on the leading edge of climate change,” said McManamon. 

Stronger storms threaten Fire Island

Fire Island Pines on New York’s Fire Island has been a safe haven for the LGBTQ community since the 1950s.

Fire Island Pines Property Owners’ Association President Henry Robin notes natural disasters cause more damage in the community as opposed to those that are across the Great South Bay on Long Island because Fire Island is a “barrier island.”

“When Superstorm Sandy hit, or when a Nor’easter hits, or a hurricane hits, the brunt of the storm is first taken by the Pines,” said Robin. 

Robin said “the Pines is thriving” just over 11 years since Sandy, but there is no climate change response. The federal government implemented a beach restoration project for Fire Island, and later, the U.S. Army Corps of Engineers created an engineered beach for the Pines. 

Robin also formed three task forces — comprised of community members — to address local concerns, many of which were climate related, according to focus groups and a survey. Robin is also hoping to introduce recycling programs and solar energy to the Pines. 

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Cal Benn, is a journalism major at Emerson College who is in D.C. with the Washington Center, and is a Fall intern at the Washington Blade.

Benn’s work focuses on human rights, climate change and how the two issues intersect. They are also passionate about sustainability, advocacy and writing and enjoy skateboarding and playing with their cats when they are not writing.

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The White House

US announces more sanctions for Ugandan officials

Anti-Homosexuality Act signed on May 29

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LGBTQ+ and intersex activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. (Washington Blade photos by Michael K. Lavers)

WASHINGTON — Secretary of State Antony Blinken on Monday announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ+ people and other groups.

“After Uganda’s flawed 2021 presidential elections, I announced a visa restriction policy targeting those believed to be responsible for, or complicit in, undermining the democratic process in Uganda,” said Blinken in a statement. “At that time, I implored the government of Uganda to significantly improve its record and hold accountable those responsible for flawed electoral processes, violence and intimidation.”

Blinken announced “the expansion of the visa restriction policy to include current or former Ugandan officials or others who are believed to be responsible for, or complicit in, undermining the democratic process in Uganda or for policies or actions aimed at repressing members of marginalized or vulnerable populations.” 

“These groups include, but are not limited to, environmental activists, human rights defenders, journalists, LGBTQI+ persons and civil society organizers,” he said. “The immediate family members of such persons may also be subject to these restrictions.”  

Blinken added the U.S. “stands by the Ugandan people and remains committed to working together to advance democracy, human rights, public health and mutual prosperity.”  

“I once again strongly encourage the government of Uganda to make concerted efforts to uphold democracy and to respect and protect human rights so that we may sustain the decades-long partnership between our countries that has benefited Americans and Ugandans alike,” he said.

Ugandan President Yoweri Museveni on May 29 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” The State Department a few weeks later announced visa restrictions against unnamed Ugandan officials.

The Biden-Harris administration in October said it plans to remove Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The White House has also issued a business advisory for Uganda in response to the Anti-Homosexuality Act.

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The White House

Queen Latifah among the Kennedy Center 2023 honorees

After decades of speculation about her sexuality, Latifah publicly acknowledged her partner Eboni Nichols and son Rebel in 2021

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Queen Latifah is honored at the White House on Dec. 3, 2023. (Washington Blade photo by Christopher Kane)

WASHINGTON – Rapper, actor, and singer Queen Latifah was among the honorees who were welcomed to the White House for a reception in the East Room on Sunday prior to the Kennedy Center Honors show, where she joined the latest class of inductees alongside singer Dionne Warwick, comedian Billy Crystal, Bee Gees member Barry Gibb, and opera star Renée Fleming.

“It’s a wonderful tradition at the White House to recognize the President and Mrs. Kennedy’s love of the arts and the culture in America — love that endures 60 years after his death, tragically,” President Joe Biden said in prepared remarks. “The anniversary was marked last month.”

The honor is “not just based on the length of the career or the scope of work or the height of fame but because of their unique place in the conscience and the very soul of our dynamic and diverse nation,” the president said. “You’re an incredible group.”

After decades of speculation about her sexuality, Latifah publicly acknowledged her partner Eboni Nichols and son Rebel for the first time during an acceptance speech at the BET Awards in 2021.

She is also the recipient of a Grammy Award, a Primetime Emmy Award, a Golden Globe Award, three Screen Actors Guild Awards, and two NAACP Image Awards. Latifah was also nominated for an Academy Award in 2003 for her performance in “Chicago.”

Calling her “a natural storyteller,” Biden noted that Latifah released her first album at age 19. “In the studio, she rapped about everything from the pain of losing her brother to the abuse of power, respect for Black women to — the respect that Black women deserve, and how infinite love is the only hope for unity.”
 
“She’s also a skillful storyteller onscreen,” the president said, “The first woman in hip-hop to earn an Oscar nomination, which she did for her role in ‘Chicago'” and also “the first hip-hop artist with a star on the Hollywood Walk of Fame.” 
 
Biden also celebrated Latifah’s honorary degree in 2011 “from Delaware State University, my HBCU” and her other contributions “From serving as a mentor for young women of color to building housing in her hometown of Newark.”

“Tonight, Queen Latifah,” the president said, “you become the first female hip-hop artist to receive a Kennedy Center Honor, lifting — and fitting because it’s tribute to the 50th anniversary of hip-hop.” The award serves as proof, he said, “that anything is possible when we discover our own voice, write our own story, and share it with the world.” 

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Florida

Hyatt Regency Miami settlement over ‘Drag Queen Christmas’

The Hyatt Regency Miami agreed to pay a $5,000 fine & the consent order said the hotel “admits no liability by settling” the dispute

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Hyatt Regency Miami (Photo courtesy of the Hyatt Hotels Corporation - Hyatt Regency Miami)

MIAMI, Fla. – The Florida Department of Business and Professional Regulation (FDBPR) and the Hyatt Hotels Corporation reached a settlement this past week stemming from enforcement actions taken by the state’s Division of Alcoholic Beverages and Tobacco, which operates under the FDBPR, targeting the Hyatt Regency Miami for an event it hosted that included a drag show last December.

Orlando’s ABC News affiliate WFTV 9 reported that under the settlement, known as a consent order, the Hyatt Regency Miami agreed to pay a $5,000 fine and to prevent minors from attending performances at a facility known as the James L. Knight Center if such a performance “contains, depicts or simulates” activities targeted in the new law which is currently blocked by two Federal courts.

The consent order said the hotel “admits no liability by settling” the dispute. The Florida Department of Business and Professional Regulation announced the settlement Wednesday.

The hotel’s affiliated James L. Knight Center had hosted “A Drag Queen Christmas” performed Dec. 27, 2022 with minors present in the audience. The Knight Center is a major South Florida venue and has previously hosted the Miss Universe and Miss USA pageants. The venue’s main room can seat 4,600 people.

In targeting of the show, which is a holiday-themed drag show that toured in 36 different cities and featured stars from the reality show “RuPaul’s Drag Race,” Insider webzine journalist Kimberly Leonard reported that the DeSantis administration officials accused the Knight Center of several violations, including a prohibition of “lascivious exhibition” before people younger than 16.

The department’s complaint said performers engaged in “acts of simulated sexual activity, and lewd, vulgar, and indecent displays” that included:

  • Performers forcibly penetrating or rubbing exposed prosthetic female breasts against faces of audience members
  • Intentionally exposing performers’ prosthetic female breasts and genitalia to the audience
  • Intentionally exposing performers’ buttocks to the audience
  • Simulating masturbation through performers’ digitally penetrating prosthetic female genital
  • Graphic depictions of childbirth and/or abortion

Last Spring state lawmakers in Tallahassee passed SB 1438, signed by Republican Governor Ron DeSantis, that put a statewide ban on drag performances where children may be present. In June, U.S. District Judge Gregory Presnell ruled it unconstitutional noting [SB 1438] ” is specifically designed to suppress the speech of drag queen performers.”

Presnell in his twenty-four page ruling further noted: “The state claims that this statute seeks to protect children generally from obscene live performances. However, as explained [in court filings], Florida already has statutes that provide such protection.”

The State then appealed his ruling to the U.S. Circuit Court of Appeals for the 11th Circuit based in Atlanta, Georgia.

In a significant ruling released in October by the 11th Circuit, the court determined that the law posed a threat to constitutionally-protected free speech and expression and affirmed that the block of the law would stand for the entire state of Florida.

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Florida

911 tape released in criminal investigation of Florida GOP chairman

The criminal investigation, which sources say involves video recordings and the seizure of Christian Ziegler’s phone, is ongoing

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Christian Ziegler with his wife Bridget at Donald Trump's 2017 inauguration. (Ziegler/Facebook)

By Bob Norman | SARASOTA, Fla. – The sexual battery investigation of Florida GOP chairman Christian Ziegler began with a 911 call from a friend of the alleged victim who was worried about her well-being, according to a recording of the call obtained by the Florida Trident. 

The 911 call, made on October 4 at 2:46 p.m., reveals the caller was concerned about the mental health of the woman, who isn’t being identified due to the nature of the investigation.

“I was hoping to do a wellness on a friend of mine,” the caller began. “She hasn’t shown up for work the past two days and I just got off the phone with her and she sounds drunk and I know she has pain medication on her and she told me that she doesn’t think she can do it anymore.” 

The dispatcher then asked questions about the victim’s address, which was redacted, before the caller said the alleged victim had been struggling with addiction that had “gotten worse and worse the last couple of months.” Then she relayed the information that kicked off a criminal investigation that is ongoing. 

“She won’t answer anyone else at work except for me but she told me she was raped yesterday and that she’s scared to leave her house,” said the caller. “… She’s saying she’s scared that — the person that raped her came to her house — that she’s scared to leave.” 

The caller then told the dispatcher, “I’m worried about her right now.” 

“I have units en route,” said the dispatcher. 

The alleged perpetrator is Ziegler, who has yet to publicly comment on the investigation first reported by the Trident on Thursday morning. His attorney, Derek Byrd, said in a written statement Ziegler would be fully exonerated in the investigation.

Sources close to the investigation told the Trident that Ziegler and his wife, Sarasota County School Board Member Bridget Ziegler, who is also an appointee of Gov. Ron DeSantis and cofounder of the right-wing group Moms For Liberty, had a three-way sexual relationship with the woman prior to the alleged October 2 sexual assault.

A copy of the search warrant involved in the case was released late Friday that substantiated much of the Trident’s earlier reporting and added a wealth of new information.

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Ziegler, according to the affidavit, had known the woman for 20 years and they had agreed to a tryst at the woman’s home on October 2 with Ziegler’s wife.  When Bridget Ziegler wasn’t able to make it, the woman canceled via text to Christian Ziegler, writing that she had been “more in for her,” meaning Bridget. She told police that Christian Ziegler came to her home anyway and entered uninvited as she opened the door to walk her dog. Inside, she said he raped her.

In an interview with detectives attended by his attorney, Christian Ziegler admitted he had sex with her that day but said it was consensual sex with the woman. He also admitted that he shot video of the incident, which he said he initially deleted, but later uploaded to a Google Drive. When the affidavit was filed with the court on November 15, police had yet located the video. The contents of the Google Drive was among items seized by police under the warrant, along with his Gmail and iPhone.

According to the affidavit, Bridget Ziegler told detectives she was involved in a sexual encounter with her husband and the woman once over a year ago.

News of the criminal investigation led DeSantis to publicly call for Ziegler to step down from his role at the top of Florida’s Republican Party shortly after the presidential candidate’s debate with California Gov. Gavin Newsom Thursday night on the Fox News Channel. 

“I don’t see how he can continue with that investigation ongoing, given the gravity of those situations,” DeSantis told reporters. “And so, I think he should step aside. I think he should tend to that. He’s innocent until proven guilty, but we just can’t have a party chair that is under that type of scrutiny. And so, I hope that — I hope the charges aren’t true. I’ve known him, I’ve known Bridget; they’ve been friends. But the mission is more important,”

The criminal investigation, which sources tell the Trident involves video recordings and the seizure of Christian Ziegler’s phone, is ongoing.

Florida Center for Government Accountability public access director Michael Barfield contributed to the reporting of this story.

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Bob Norman is an award-winning investigative reporter who serves as Editor-in-Chief of the Florida Trident and journalism program director for the Florida Center for Government Accountability. He can be reached at jo[email protected] or by phone at 954-632-4343.  

The preceding article was previously published by the Florida Center for Government and is republished with permission.

The Florida Center for Government Accountability, a non-partisan 501(c)(3) organization, focuses its government accountability and journalistic efforts primarily on local governments, providing support and assistance for citizens and investigative journalists working to hold government accountable. All donations made to FLCGA are tax deductible.

FLCGA is a member of the Institute for Nonprofit News — a nationwide network of independent, nonprofit, nonpartisan news organizations. Learn more at inn.org.

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U.S. Federal Courts

Amicus brief: No negative incidents from Trans people in bathrooms

The brief details the constitutionality of bathroom bans. Courts across the U.S. have determined trans people have right to access bathrooms

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Main courtroom, James R. Browning United States Courthouse, United States Court of Appeals for the Ninth Circuit. (Photo Credit: U.S. Courts/GSA)

By Erin Reed | WASHINGTON – On Thursday, 21 state attorneys general filed an amicus brief with the 9th U.S. Circuit Court of Appeals, stating that transgender people must be allowed to use restrooms matching their gender identity.

This action comes after a district court judge in Idaho refused to block a ban on transgender bathroom usage in the state; he was promptly overruled by the 9th Circuit, which did block the ban.

The letter represents the latest development in a fight that has worked its way across the country, focusing on equal rights in bathroom accommodations for transgender people and barreling towards the Supreme Court.

The amicus brief is substantial. It represents the work of attorneys general in 21 states, and contains legal precedents, nondiscrimination laws, and the experiences of those states around allowing equal accommodations for transgender people. It cites 13 pages worth of laws, court decisions, and studies to support the rights of transgender people in bathrooms. It draws a final conclusion stating that disallowing trans bathroom access causes “emotional, psychological, educational, and constitutional harm,” and requests that the court uphold these rights for transgender students.

The brief is unique in that it outlines the findings of negative events that stem from allowing transgender people to use the bathroom of their gender identity. The brief finds that “nondiscriminatory restroom policies produce important benefits and pose no safety concerns.” Importantly, it shows that in states that allow trans students to use bathrooms according to their gender identity, there were “no reported instances of transgender students harassing others in restrooms or locker rooms.”

See the briefing on this topic:

Meanwhile, the brief highlights the many negative effects of disallowing transgender people from using locker rooms and bathrooms. The report states that discriminatory policies for transgender people promote absenteeism, leading to trans youth missing valuable school time. These policies also harm the physical and mental health of transgender students.

The brief reports that 73% of trans students avoid restrooms in school because they feel unsafe or uncomfortable. Additionally, over half report negative health effects from doing so, such as kidney infections and other kidney-related problems. Rebecca, one of the plaintiffs in the case, reported limiting fluid intake at school and suppressing bathroom urges, both of which are unsafe for children.

The brief also details expansive case law surrounding the constitutionality of bathroom access. Courts across the United States have determined that transgender people have the right to access bathrooms that match their gender identities. Among the most significant cases is Grimm v. Gloucester County, where the 4th Circuit Court ruled that a transgender boy has the right to use the bathroom of his gender identity.

Similarly, in the 7th Circuit Court, A.C. v. Metropolitan School District of Martinsville was ruled in favor of a transgender plaintiff. Even the 9th Circuit Court, which is hearing this case, has favorable precedent. In Parents for Privacy v. Barr, it was ruled that transgender bathroom access does not violate other students’ privacy.

Ultimately, the strength of these cases was bolstered by the Supreme Court’s decision in Bostock v. Clayton County, which the report also heavily references. In that decision, which was ruled 6-3 with conservative Justice Neil Gorsuch authoring the opinion, the Supreme Court ruled that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

Although the decision covered employment law and not bathroom access, many courts have interpreted it as applicable to bathroom access and other areas protected by Title IX.

The brief also directly addresses the idea that Title IX only protects “biological sex.” It points out that Title IX regulations do not state that it only applies to “biological” sex “as determined by chromosomes and internal and external reproductive anatomy.” Instead, the brief argues that discrimination based on assigned sex at birth treats, for instance, a transgender girl different from a cisgender girl when allowing restroom access. The overreliance on a very specific facet of biological sex likely renders the bill unconstitutional, the brief states.

For now, the bill is blocked in court, allowing Idaho transgender students to use the restroom that matches their gender identity if their school permits it. Meanwhile, cases concerning bathroom access are swiftly moving towards the Supreme Court, with a recent decision from the 7th US Circuit Court currently being appealed to the Supreme Court.

It appears likely that the Supreme Court will soon revisit transgender rights. In this interim, this coalition of 21 states has emerged, vocally advocating for the rights of transgender students and leveraging their collective authority to do so.

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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.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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

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Congress

“To hell with this place:” Santos booted from Congress

The third vote to expel the congressman comes after a 56-page report by the U.S. House Ethics Committee detailing his egregious behavior

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U.S. Rep. George Santos (R-N.Y.) at a press conference outside the U.S. Capitol on Nov. 30, 2023. (Washington Blade photo by Christopher Kane)

WASHINGTON – Lawmakers on Friday voted 311-114 to expel embattled U.S. Rep. George Santos (R-N.Y.) from Congress, exceeding the two-thirds majority needed for the resolution to pass with two members voting present.

The third vote to expel the congressman comes after a 56-page report by the U.S. House Ethics Committee found Santos had siphoned campaign contributions to shop at luxury retailers like Hermes and for purchases at OnlyFans, a site used primarily by sex workers who produce pornography.

During the previous votes to expel Santos, critical numbers of members from both parties voted “nay” for fear that it would set a dangerous precedent in the absence of a guilty verdict from a court of law or the committee.

Members who debated the expulsion resolution on the House floor Friday mentioned the many scandals that have enveloped Santos from the time he began serving in January, such as the revelations that he had lied on the campaign trail about having Jewish heritage, ties to the Holocaust, and a parent who was at the World Trade Center on Sept. 11.

“George Santos is a liar — in fact, he has admitted to many of them — who has used his position of public trust to personally benefit himself from Day 1,” said U.S. Rep. Anthony D’Esposito, another Republican from New York.

The number and nature of those lies, along with the allegations of financial malfeasance, made Santos a pariah, as well as a liability for Republicans in vulnerable districts, particularly in neighboring parts of New York.

Politico congressional reporter Olivia Beavers posted a photo on X of members talking to news cameras, captioned “NY Rs taking a victory lap.”

Democratic New York Gov. Kathy Hochul will now schedule a special election to replace Santos, with her party privately lining up behind Thomas Suozzi, who held the seat from 2017 to 2023 and who last year defended Florida’s “Don’t Say Gay” law, calling the measure prohibiting classroom discussion of sexual orientation and gender identity “reasonable” and “common sense.”

Separately, Santos is facing a 23-count indictment for alleged financial crimes that was brought by the U.S. Attorney’s Office for the Eastern District of New York.

He walked out of the chamber before Friday’s vote was finalized, stepping into a waiting car as he told reporters “Why would I want to stay here?” and “To hell with this place.”

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The White House

Biden honors World AIDS Day 2023

‘let us honor all the families who have lost a loved one to this disease and all the people currently living with HIV/AIDS’

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

WASHINGTON – President Joe Biden honored Friday’s World AIDS Day observance with a proclamation on Thursday night as the red ribbon was displayed at the White House to mark the occasion.

Crediting the “enormous progress” that has been made in the fight against the disease, Biden noted that “about 39 million people continue to live with HIV, including more than one million people in the United States.”

“Far too often, people living with HIV face discrimination that prevents them from accessing the care they need,” he said.

The president then named some of his administration’s accomplishments in tackling this public health issue, including ending discriminatory blood donation bans, reviving the White House Office of National AIDS Policy, and launching “a new National HIV/AIDS Strategy — a roadmap for using innovative community-driven solutions to end the HIV/AIDS epidemic in the United States by 2030.”

Biden said the White House continues working with “state and community leaders” to combat HIV criminalization laws that “wrongly punish people for exposing others” to the disease and noted that he has asked Congress for $850 million “to aggressively reduce new HIV cases, fight the stigma that stops many people from getting care, and increase access to pre-exposure prophylaxis (PrEP).”

Meanwhile, overseas, “We are also focused on ending HIV/AIDS as a public health threat worldwide by 2030 under the bipartisan President’s Emergency Plan for AIDS Relief (PEPFAR),” Biden said. “PEPFAR is focusing on forging a future where every HIV infection is prevented, every person has access to treatment, and every generation can live free from the stigma that too often surrounds HIV.”

The president noted that “My Administration is committed to working with the Congress to pass a clean PEPFAR reauthorization bill to extend this lifesaving bipartisan program for 5 years and end HIV/AIDS by 2030.”

Biden concluded his proclamation by calling to “let us honor all the families who have lost a loved one to this disease and all the people currently living with HIV/AIDS.  Let us remember the activists, scientists, doctors, and caregivers who have never given up in the fight against the HIV/AIDS epidemic.  Let us recommit to finishing this fight — together.

WORLD AIDS DAY, 2023

BY THE PRESDIENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION
     On World AIDS Day, my message is simple:  Let us finish the fight.     Since recognizing the first World AIDS Day 35 years ago, we have made enormous progress in preventing, detecting, and treating HIV — greatly reducing annual HIV diagnoses and transmission.  But despite these advancements, about 39 million people continue to live with HIV, including more than one million people in the United States.  Far too often, people living with HIV face discrimination that prevents them from accessing the care they need.  So, as we reflect on our progress today, we must also come together to renew our promise to end the HIV/AIDS epidemic.     

At home, my Administration has taken historic steps to achieve this goal.  During my first year in office, I reestablished the White House Office of National AIDS Policy and launched a new National HIV/AIDS Strategy — a roadmap for using innovative community-driven solutions to end the HIV/AIDS epidemic in the United States by 2030.  This year, my Administration also ended the disgraceful practice of banning gay and bisexual men from donating blood.  We continue to work with State and community leaders to repeal or reform so-called HIV criminalization laws, which wrongly punish people for exposing others to HIV.  I have asked the Congress for $850 million for the Department of Health and Human Services’ Ending the HIV Epidemic Initiative to aggressively reduce new HIV cases, fight the stigma that stops many people from getting care, and increase access to pre-exposure prophylaxis (PrEP) — a critical drug that can help prevent the spread of HIV.     

We are also focused on ending HIV/AIDS as a public health threat worldwide by 2030 under the bipartisan President’s Emergency Plan for AIDS Relief (PEPFAR).  PEPFAR has reduced transmissions, expanded testing, and saved more than 25 million lives in over 50 partner countries over the last two decades.  Further, PEPFAR is focusing on forging a future where every HIV infection is prevented, every person has access to treatment, and every generation can live free from the stigma that too often surrounds HIV.  My Administration is committed to working with the Congress to pass a clean PEPFAR reauthorization bill to extend this lifesaving bipartisan program for 5 years and end HIV/AIDS by 2030.     

We are within striking distance of eliminating HIV-transmission.  We have the science.  We have the treatments.  Most of all, we have each other.  On this 35th World AIDS Day — let us honor all the families who have lost a loved one to this disease and all the people currently living with HIV/AIDS.  Let us remember the activists, scientists, doctors, and caregivers who have never given up in the fight against the HIV/AIDS epidemic.  Let us recommit to finishing this fight — together.     

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 1, 2023, as World AIDS Day.  I urge the Governors of the United States and its Commonwealths and Territories, the appropriate officials of all units of government, and the American people to join the HIV community in activities to remember those who have lost their lives to AIDS and to provide support, dignity, and compassion to people with HIV.    

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.
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Florida

Husband of Moms for Liberty cofounder accused of sexual assault

Ziegler, husband of Moms For Liberty cofounder, accused of rape by alleged the menage a trois lover to him and his wife

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Christian Ziegler, Florida’s GOP chairman and husband of Sarasota County School Board member and Moms of Liberty co-founder Bridget Ziegler are pictured with Florida Republican Gov. Ron DeSantis, (C) (Photo Credit: Ziegler/Facebook)

By Bob Norman | SARASOTA, Fla. – Christian Ziegler, Florida’s GOP chairman and husband of Sarasota County School Board member and Moms of Liberty co-founder Bridget Ziegler, is under criminal investigation after a woman filed a complaint with the Sarasota Police Department alleging the longtime Republican official had raped her, according to a heavily redacted police report obtained by the Florida Trident

The complaint was filed on October 4 and the alleged sexual battery occurred inside the woman’s home in Sarasota on October 2, according to the report. Among the few words that went unredacted in the report are “rape” and “sexual assault complaint.”

The woman, according to sources close to the investigation, alleged that she and both Zieglers had been involved in a longstanding consensual three-way sexual relationship prior to the incident. The incident under investigation by Sarasota police occurred when Christian Ziegler and the woman were alone at the woman’s house, without Bridget Ziegler present, the sources conveyed. 

The Zieglers have risen in the ranks of GOP politics in recent years.

Sources also corroborated that a search warrant was executed on Christian Ziegler’s cell phone and that investigators continue to conduct a forensic examination of the electronic device. Christian Ziegler is also alleged to have secretly videotaped the sexual encounters between the couple and the woman, which had been occurring for the past three years, sources said. 

There have been no charges filed in the case and the Trident is unaware whether the woman’s allegations have been substantiated. A voicemail was left with Mr. Ziegler for comment and a message was left at Bridget Ziegler’s school board office. Neither had been returned prior to publishing this story.  

After our story was published, Christian Ziegler’s attorney, Derek Byrd, issued a written statement saying that his client has been “fully cooperative with the Sarasota Police Department” and predicting Ziegler will be “completely exonerated.”

“Unfortunately, public figures are often accused of acts that they did not commit whether it be for political purposes or financial gain,” Byrd said in the statement. “I would caution anyone to rush to judgment until the investigation is concluded. Out of respect for the investigation, this is all Mr. Ziegler or myself can say at this time.”

The Zieglers are one of Florida’s top political power couples in the GOP. Christian Ziegler is a longtime Republican Party official who served as vice chairman of the state party prior to his election as chair in February. Prior to that he was a Sarasota County Commissioner who ran on a “family values” platform. 

An ad for Ziegler’s DeSantis-fueled school board campaign.

Bridget Ziegler has become a star within the MAGA movement who was personally endorsed for her school board seat by Florida Governor and Republican presidential candidate Ron DeSantis, who also appointed her in March to the state board that oversees the special district previously overseen by Disney World prior to DeSantis’s politically motivated feud with the entertainment company. 

She is perhaps best known as the cofounder of the right-wing group Moms for Liberty, which has supported book bans in public schools across the country. Bridget Ziegler personally helped lay the groundwork for DeSantis’ Florida Parental Rights In Education Act (known as the “Don’t Say Gay” law) that disallows instruction on “sexual orientation or gender identity” in kindergarten through the third grade. She stood behind DeSantis as he signed the bill.

Following in the Moms For Liberty model, Ziegler has been a leading anti-trans activist and “critical race theory” opponent who has said her aim is to bring “religious values” into public schools that she claims are “indoctrination centers for the radical left.”

“Bridget Ziegler, we should have her in every county in Florida,” DeSantis said in one speech. “We have to do a better job in these school board races.” 

The Zieglers pose with Trump in 2015.

She is currently a salaried vice president at the conservative Leadership Institute, which recently opened an office in Sarasota. At the Institute she oversees a school board training program that she said “teaches trains moms and dads how to run for school board, win, and then govern!”

Christian Ziegler has longstanding ties to both DeSantis and former President Donald Trump, who called out Ziegler’s name in a recent speech earlier this month during the “Florida Freedom Summit” in Kissimmee and said he was doing a “fantastic job.” Ziegler, as the state’s GOP chair, has remained officially neutral on the race.

In a written statement, Florida Democratic Party Chairwoman Nikki Fried called for Christian Ziegler’s resignation.

Florida Democratic Party Chairwoman Nikki Fried

“Allegations of rape and sexual battery are severe and should be taken seriously,” she said. “I applaud the accuser’s bravery in coming forward against a political figure as powerful as Christian Ziegler, and I trust that the Sarasota Police Department will conduct a thorough investigation into these allegations of criminal behavior. Christian Ziegler can’t possibly continue to lead the Florida GOP under these conditions. Given the severity of the criminal allegations, I’m calling for his immediate resignation.”

Fried stopped short of asking Bridget Ziegler to resign her school board and state seats, but noted the “hypocrisy” of the couple.

“As leaders in the Florida GOP and Moms for Liberty, the Zieglers have made a habit out of attacking anything they perceive as going against ‘family values’ — be it reproductive rights or the existence of LGBTQ+ Floridians,” said Fried. “The level of hypocrisy in this situation is stunning.”

Florida Center for Government Accountability public access director Michael Barfield contributed to the reporting of this story.

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Bob Norman is an award-winning investigative reporter who serves as Editor-in-Chief of the Florida Trident and journalism program director for the Florida Center for Government Accountability. He can be reached at [email protected] or by phone at 954-632-4343.  

The preceding article was previously published by the Florida Center for Government and is republished with permission.

The Florida Center for Government Accountability, a non-partisan 501(c)(3) organization, focuses its government accountability and journalistic efforts primarily on local governments, providing support and assistance for citizens and investigative journalists working to hold government accountable. All donations made to FLCGA are tax deductible.

FLCGA is a member of the Institute for Nonprofit News — a nationwide network of independent, nonprofit, nonpartisan news organizations. Learn more at inn.org.

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