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Three US senators seek documents in death of Roxsana Hernández

Trans Honduran woman with HIV died in ICE custody on May 25

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An LGBTI advocacy group in San Pedro Sula, Honduras, honors Roxsana Hernández, a transgender woman with HIV who died in U.S. Immigration and Customs Enforcement custody on May 25, 2018. Three U.S. senators have requested information related to her death. (Washington Blade photo by Michael K. Lavers)

Three U.S. senators on Wednesday called upon the U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to release documents related to the case of a transgender Honduran woman with HIV who died in their custody.

The letter that U.S. Sens. Kamala Harris (D-Calif.), Tom Udall (D-N.M.) and Martin Heinrich (D-N.M.) sent to Acting ICE Director Ronald Vitiello and U.S. Customs and Border Protection Commissioner Kevin McAleenan notes Roxsana Hernández, 33, died in ICE custody on Nov. 25. The letter also highlights Hernández, who was part of a 300-person caravan that traveled to the U.S. border earlier this year, was taken into custody by Border Patrol on May 9 when she asked for asylum at the San Ysidro Port of Entry south of San Diego.

Hernández, who was from the Honduran capital of Tegucigalpa, entered ICE custody less than a week later and was being housed in a unit for trans detainees at the Cibola County Correctional Center in Milan, N.M. An ICE press release about Hernández’s death says she was admitted to a local hospital “with symptoms of pneumonia, dehydration and complications associated with HIV” on May 17.

The letter cites reports that indicate Hernández “endured freezing temperatures and was denied adequate food, water and medical care” while in custody at the San Ysidro Port of Entry. It specifically refers to a Nov. 26 article in the San Diego Union-Tribune that says Hernández “vomited” while ICE transported her between facilities “to the extent other detainees begged authorities to provide her with water and proper care.”

Hernández died at Lovelace Medical Center in Albuquerque, N.M. The letter notes the initial cause of death was listed as cardiac arrest.

The Transgender Law Center on Nov. 26 released the results of a second autopsy that shows Hernández was beaten before she died. The second autopsy also concludes the cause of death “was most probably severe complications of dehydration superimposed upon HIV infection, with the probable presence of one or more opportunistic infections.”

The Human Rights Campaign has sent Freedom of Information Act requests to ICE and CBP for documents that relate to Hernández’s death and the treatment of trans people in their custody. The senators’ letter notes ICE “has been uncooperative in releasing information about Ms. Hernández’s case.”

“This violates congressional requirements,” reads the letter. “Congress requires ICE to publish an initial report, for public release, on each in-custody death for within 30 days and similarly for a final report within 60 days.  It has been over 180 days since Ms. Hernández was pronounced dead and no such report has been publicly released. ICE’s failure to release this report diminishes the systemic, traumatic, and in this case fatal, violence that transgender individuals experience daily as a result of their gender identity.”

“We request that ICE immediately release a full and complete death review and supporting documentation on Roxana Hernández to the public,” it adds. “We also request that ICE and CBP each provide us with complete accounting and documentation of the specific training that their officers, agents, and contractors receive related to the processing, medical evaluation and care, and safety of transgender individuals in custody.” 

U.S. Customs and Border Protection agents took Roxsana Hernández into custody at the San Ysidro Port of Entry in San Ysidro, Calif., on May 9, 2018. (Washington Blade photo by Michael K. Lavers)

ICE denies Hernández was abused in its custody

Hernández’s death sparked outrage among immigrant advocates and their supporters in the U.S. and in Honduras. Her case has also factored into the overall criticism of President Trump’s “zero tolerance” immigration policy that includes the separation of migrant children from their parents once they enter the U.S.

The Transgender Law Center and R. Andrew Free, a Nashville-based immigration lawyer, are planning to file a wrongful death lawsuit in New Mexico on behalf of Hernández’s family. Transgender Law Center Deputy Director Isa Noyola on Thursday told the Washington Blade in a statement that ICE “has failed to present Congress a report on Roxsana’s death and to answer our FOIA requests.”

“Immigration enforcement owes us answers and meaningful proof that they’ve taken steps to prevent a tragedy like what happened to Roxsana,” said Noyola. “Now is the time for LGBTQ folks and our allies to ask their elected representatives to follow the lead of Sens. Harris, Udall and Heinrich in asking for justice for Roxsana.”

An ICE official on Thursday told the Blade in response to the senators’ letter that it is “still determining the process for posting subsequent reviews of in-custody death and intends to comply fully with the directive from Congress.”

“Any detainee death review documents that are currently posted have been requested and provided via a Freedom of Information Act (FOIA) request,” said the official.

ICE spokesperson Danielle Bennett has described allegations that Hernández was “abused in ICE custody” as “false.”

“A review of Hernandez’s death conducted by ICE Health Service Corps medical professionals confirmed that she suffered from a history of untreated HIV,” said Bennett in a statement. “At no time did the medical personnel treating Ms. Hernandez at Cibola General Hospital or Lovelace Medical Center raise any issues of suspected physical abuse.”
 
“ICE takes very seriously the health, safety and welfare of those in our care, including those who come into ICE custody with prior medical conditions or who have never before received appropriate medical care,” added Bennett. “Any death that happens in ICE custody is a cause for concern, and the agency will continue its full review of this case according to standard protocols.”

Honduras, gay news, Washington Blade

Roxsana Hernández was originally from Tegucigalpa, Honduras. The Central American country has one of the world’s highest per capita murder rates. (Washington Blade photo by Michael K. Lavers)

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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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Los Angeles

LA officials: Suspect in homeless murders is in custody

LAPD Chief Moore identified the suspect as Jerrid Joseph Powell, 33, of Los Angeles. Powell is alleged to be the gunman

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LA County Sheriff Robert Luna, Los Angeles County District Attorney George Gascón, and LA Mayor Karen Bass announce arrest of suspect in homeless killings. (Screenshot/KABC 7 Live)

LOS ANGELES – At a press conference on Saturday afternoon, Mayor Karen Bass and LAPD Chief Michel Moore along with Los Angeles County District Attorney George Gascón and LA County Sheriff Robert Luna announced the arrest of the suspect in the murders of three homeless individuals across the city.

LAPD Chief Moore identified the suspect as Jerrid Joseph Powell, 33, of Los Angeles. Powell is alleged to be the gunman behind the murders of homeless men across Los Angeles from Nov. 26 to Nov. 29.

After a multiple agency cooperative investigation triggered by the follow-home murder of Nicholas Simbolon of San Dimas on Tuesday night by LASD homicide investigators, a car and weapon in that case was identified by the Beverly Hills Police Department.

Simbolon was a tenured L.A. County employee, who worked for the chief executive officer as a project manager in the IT department.  

“He was key in developing applications, software that helped to propel the office forward, and also helped us to meet our mission to deliver services to citizens and residents of L.A. County,” Sheriff Robert Luna said at Thursday’s press conference.  

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On Thursday morning, the suspect, Powell, was spotted in Beverly Hills driving the same vehicle and taken into custody.  

“When you get to a scene, you just start playing it backwards,” Sheriff Luna said while announcing the arrest [Thursday]. “They start looking at every avenue.”  

During the arrest, deputies recovered a gun that appeared to match the description of the weapon used to commit the crime, authorities added.

“Over the course of the investigation of our murders, we were able to identify the vehicle we believe is connected to our three homicides as being the same vehicle that Mr. Powell used in the murder of Mr. Simbolon,” Moore said at Saturday’s press conference. “[We learned] that it was being held in custody of the Los Angeles County Sheriff’s Department as evidence of their murder.”  

According to Chief Moore, that vehicle was the same being sought in the killings of the three homeless persons and the gun seized was the weapon used in the killings.

Press Conference Live:

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West Hollywood

The Abbey raises $10,000 for Elizabeth Taylor AIDS Foundation

Schukraft took the opportunity to reassure the crowd that he intends to uphold The Abbey’s central place in the West Hollywood community

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Trans Choir of LA (Photo by Rob Salerno)

By Rob Salerno | WEST HOLLYWOOD – The Abbey raised more than $10,000 for the Elizabeth Taylor AIDS Foundation at its annual World AIDS Day tree-lighting ceremony Friday evening, an event that featured Sutton Stracke of The Real Housewives of Beverley Hills and the Trans Chorus of Los Angeles.

The ceremony was the last to be hosted by David Cooley, the founder of The Abbey who recently sold his business to Mistr CEO Tristan Schukraft. Cooley was visibly emotional when he told the crowd how his friendship with Elizabeth Taylor – struck up over drinks at the Abbey – inspired him to start the annual tradition.

“What this woman has done for our community and continues to do for our community – she wouldn’t even mention how many people she has taken care of and continues to take care of,” Cooley said. “It means a lot that we do this in her honor, for the Elizabeth Taylor AIDS Foundation.”

The Elizabeth Taylor AIDS Foundation works to fight the ongoing HIV epidemic through direct care, prevention, advocacy, and education.

The moment clearly felt bittersweet for Cooley as he went off-script to talk about how he’d founded The Abbey 33 years ago.

“I had a dream coming from college that I wanted to open a gay bar in southern California and be open and proud and not behind closed doors. I started across the street there as a coffee house and expanded into this,” he said. “When we give donations, it’s not the Abbey, it’s not David Cooley – it’s all of us here. You have supported The Abbey and David Cooley for thirty years. Thank you very much.”

David Cooley, the founder of The Abbey (L) with Mistr CEO Tristan Schukraft
(Photo by Rob Salerno)

Cooley then became wry and wistful as he described his decision to walk away from the bar he built.

“It was a decision that was hard to make. I decided that maybe I should take a little time for myself. I’ve been very selfish with the business. I took time for the business always, and maybe not my friends, my family, building a relationship – that never worked out,” he said to laughs from the crowd. 

“I went back and forth seeing the offers and opportunities I had. I made a clear decision and the right decision on who I decided to pass the torch on to. He’s part of our community,” Cooley said of Schukraft. “It was a very tough decision but a very easy decision at the very end.”

Schukraft took the opportunity to reassure the crowd that he intends to uphold The Abbey’s central place in the West Hollywood community.

“I’m very excited. I know I have some big shoes to fill to continue your legacy, making sure that the Abbey and Chapel continue to be the cornerstone of the gay community here and beyond. These events make it even more special,” Schukraft said.

“David’s not going anywhere. He’s going to be here. The only thing is he’s not going to be asking for free drinks,” Schukraft said to laughs from the crowd, and joking protests from Cooley that there’s language about that in their contract.

When Sutton Stracke took the stage, she spoke about the toll that AIDS has continued to take on the community.

“AIDS does still exist. I know I have lost many friends to AIDS, as I know many of you have to, so this is very special to me,” she said.

David Cooley, Sutton Stracke & Tristan Schukraft. (Photo by Rob Salerno)

The crowd was then treated to a performance by the Trans Choir of Los Angeles, who sang “I’ll Be Home For Christmas,” as a reminder to the crowd that many in our community – especially the trans community – do not have families that welcome them home for the holidays.

A $10,000 check was then presented to the Elizabeth Taylor Foundation by Tito’s Vodka, which was sponsoring the event, on behalf of the Abbey.

Stracke then announced she would write a check to the foundation herself after the ceremony, then began the countdown to the lighting of the enormous tree on the Abbey’s front patio.

Lyle Anthony (Photo by Rob Salerno)

The event closed out with a performance by South African pop singer Lyle Anthony.

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Los Angeles

LAPD asking for public’s help with murders of homeless persons

Anyone with information is urged to contact the Los Angeles Police Department’s Robbery-Homicide Division, Homicide Special Section

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Los Angeles Chief of Police Michel Moore, held a news conference Friday where he announced that three homeless people had been fatally shot while they slept within the past week. (Screenshot/YouTube KTLA)

LOS ANGELES – Flanked by Los Angeles County District Attorney George Gascón, LA Mayor Mayor Karen Bass and Martin Estrada, the United States Attorney for the Central District of California, Los Angeles Chief of Police Michel Moore, held a news conference Friday where he announced that three homeless people had been fatally shot while they slept within the past week.

Moore added that authorities believe one suspect is responsible for all three murders.

Detectives from the LAPD’s Robbery-Homicide Division are investigating three separate murders that occurred between November 26, 2023, and November 29, 2023. In each case, the victims were experiencing homelessness.

While some similarities have been identified, detectives are working to determine if these murders are related.  A community alert bulletin has been issued to make the region’s unhoused population and the community stakeholders aware of these recent murders.

Possible Suspect Vehicle
Suspect

The suspect in these homicides is described only as male. The suspect was seen in a dark-colored sedan. It is unknown if he was alone or there were any additional suspects.

Police have spotted who they believe the shooter is on surveillance footage — Moore said they believe it’s a man in a hoodie — and they also have images of the suspect’s vehicle, though Moore would not describe it in an effort to avoid misinformation.

“People will see different types of cars, different types of models,” he said. “I don’t want someone to say ‘You called this a Kia and it turns out to be a BMW or Mercedes,” he said.

“A single individual approached each one and shot and killed each one as they slept,” Moore said, though he avoided use of the term “serial killer.”

“The Los Angeles Police Department is employing all available resources  to bring justice to these murder victims.  I am thankful for our City partners who are working with us closely to ensure the safety of this vulnerable population as we pursue the criminal investigation,” said Moore.

“I want to be very clear about what we’re facing today: This is a killer who is preying on the unhoused,” Mayor Bass said, adding that homeless people should not sleep alone.

“As we always do in the face of a challenge or crisis, our region is mobilizing to respond to this issue. We will work tirelessly to find the individual responsible, arrest them, and hold them accountable. I have met with our partners at the Los Angeles Homeless Services Authority, Housing Authority of the City of Los Angeles, and the Los Angeles Housing Department and we are moving immediately to get the word out to our unhoused neighbors in housing networks. Our message to our unhoused community is clear – try not to be alone tonight. We will do all we can to make shelter and services available. To the many Angelenos who have friends or family who are unhoused, please let them know the danger that exists. We must stay safe. We will work diligently to bring those responsible to justice,” the Mayor said.

“To the person responsible: We will find you, we will catch you and you will be held accountable,” Bass said.

“I commend the LAPD for creating a dedicated task force to uncover the identity of a potential serial killer preying on the most vulnerable in our community. I’ve assigned our Major Crimes Division, Bureau of Victim Services and our Bureau of Investigation to assist with these efforts. Today, we demonstrate our collective resolve and stand united in our pursuit of justice, unwavering against the darkness that preys on the most defenseless among us,” said LA District Attorney George Gascón.

Anyone with information is urged to contact the Los Angeles Police Department’s Robbery-Homicide Division, Homicide Special Section, at (213) 486-6890. During non-business hours or on weekends, calls should be directed to 1-877-LAPD-24-7 (1-877-527-3247). 

Anyone wishing to remain anonymous should call the LA Regional Crime Stoppers at 1-800-222-TIPS (800-222-8477) or go directly to www.lacrimestoppers.org. 

Lastly, tipsters may also download the “P3 Tips” mobile application and select the LA Regional Crime Stoppers as their local program.

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Politics

House Republican member grills USCG admiral over drag shows

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Deputy Commandant for Operations Vice Admiral Peter W. Gautier. (Photo Credit: 11th U.S. Coast Guard District PIO)

WASHINGTON – The U.S. Coast Guard’s Deputy Commandant for Operations, Vice Admiral Peter W. Gautier, appeared in a hearing before the House Committee on Homeland Security on Thursday to answer congressional questions regarding U.S. Artic operations and planning strategies.

During the course of the hearing, Rep. Eli Crane (R-AZ), a member of the House GOP’s far-right Freedom Caucus opened a line of inquires, not related to the hearing’s focused agenda, which included questioning the admiral’s length of service in the U.S. Coast Guard.

Crane aggressively questioned the admiral over retention and recruitment, which Gautier responded at one point that the ongoing long-term effects of the coronavirus pandemic could possibly be factored into recruiting new personnel. “Why do you think you’re, across the military, having so many recruiting issues?” Crane asked and added, “You believe that COVID-19 the main reason the military is having its recruiting issues?”

Gautier responded saying “I’m an optimist sir so when you hear these things about eligibility because of weight and pharmaceuticals and stuff, is lower than average in the young population- that there isn’t this propensity to serve. I heartedly disagree. I think that there are a lot of great young Americans that just don’t know about the Coast Guard. That if they knew that we are law enforcement; we are military; that we clean up the environment; that we serve the American people I think you know that we will have a lot more folks coming in.”

After thanking him for his answer Crane then asked the admiral: “To follow up on that, Do you think it might have anything to do with what you regularly hear as being described as some of the “wokeness” within the military such as CRT [critical race theory] training, DEI [Diversity, Equity, and Inclusion] training, drag shows on base, things like that. Do you think that has anything to do with it? Then he flatly stated: “You’re kind of a loss on the focus of what the military is supposed to be about.”

Clearly frustrated by Rep. Crane’s position and attitude, Gautier responded: “You know, I just don’t see that in the United States Coast Guard, what you’re referring to and um our work force is the best workforce that I have seen in my 36 year career. The people that are in the Coast Guard today are better than ever before. A lot of them have college educations, a lot of them have had professional careers that want to do something different and better and that come to us. So I don’t think so.”

Crane then challenged the admiral: “You haven’t seen any of that?” Gautier responded, “No.” The congressman then asked: “You haven’t seen a change in the culture of the military? How long have you been in admiral?” Gautier replied: “37 years.” Crane then flatly stated: “With all due respect I find that hard to believe sir.”

Congressman Eli Crane is currently serving his first term in Congress. Crane is serving as the U.S. Representative for Arizona’s Second Congressional District. (Photo credit: U.S. House)

Crane, elected in 2022 after defeating incumbent Democrat Tom O’Halleran, is a former U.S. Navy SEAL and co-founded Bottle Breacher, a company that manufactures bottle openers made of 50-caliber shell casings. This past October, he was among the eight Republican members who voted to remove then House Speaker Kevin McCarthy (R-Calif.).

During a heated debate on the house floor last June regarding one of his proposed amendments to the annual defense budget and policy bill that would prohibit the Defense Department from requiring participation in training or support for “certain race-based concepts” in the hiring, promotion or retention of individuals, Crane angered Rep. Joyce Beatty (D-OH) when he said:

“My amendment has nothing to do with whether or not colored people or Black people or anybody can serve, okay? It has nothing to do with color of your skin… any of that stuff.”

Beatty, a distinguished Black lawmaker, who had previously served as the chairwoman of the Congressional Black Caucus, immediately asked that Crane’s offensive words be stricken from the House record.

“I am asking for unanimous consent to take down the words of referring to me or any of my colleagues as ‘colored people,'” she said.

Crane at first tried to amend his remarks to “people of color” before Rep. Beatty interrupted and again said she wanted his words stricken. When no one in the chamber objected, the chair ordered it stricken by unanimous consent.

CBS News later reported that Crain said he “misspoke.” “In a heated floor debate on my amendment that would prohibit discrimination on the color of one’s skin in the Armed Forces, I misspoke. Every one of us is made in the image of God and created equal,” Crane said in a statement.

Beatty however wasn’t having it. First on Twitter posting:

“I am still in utter and disbelief that a Republican uttered the words ‘colored people’ in reference to African-American service members who sacrifice their lives for our freedom… I will not tolerate such racist and repugnant words in the House Chamber or anywhere in the Congress. That’s why I asked that those words be stricken from the record, which was done so by unanimous consent.”

Later in an interview with CBS News, the Ohio Democrat said she doesn’t accept Crane’s explanation that he “misspoke”. 

“He didn’t misspeak,” Beatty said. “He said clearly what, in my opinion, he intended to.” 

She said some lawmakers intend to hold a special order hour on Monday to address the issue through a series of speeches on the floor. 

“It shows us directly why we need DEI (diversity, equity and inclusion),” Beatty explained. “DEI is not about just hiring a Black person or putting a person in the military or in college. It’s about having diversity of thought.” 

“It’s very frustrating to have to fight the battles on the United States House floor,” she added.

Vice Admiral Peter W. Gautier assumed the duties of Coast Guard Deputy Commandant for Operations (DCO), in June 2022. Previously, he served as Deputy Commander, Coast Guard Pacific Area, and from 2018 to 2020, he served as Commander, Coast Guard Eleventh District in Alameda, California, where he directed all Coast Guard missions in California and the Eastern Pacific Ocean.

Gautier graduated from the U.S. Coast Guard Academy located in New London, Connecticut, as a member of the Class of 1987. This is the admiral’s 37th year in the Coast Guard.

 

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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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Ohio

Ohio Trans ban proponents also push conversion therapy

Ohio proponents of a ban on gender affirming care testified “alternate treatments” such as witch doctors & conversion therapy were acceptable

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Screenshot/Ohio State Government Television

By Erin Reed | COLUMBUS, Ohio – On Tuesday, the Ohio Senate Government Oversight Committee convened to hear House Bill 68, a bill that would ban gender-affirming care for transgender youth, force them into medical detransition, and ban trans women from women’s sports.

Representative Gary Click, a right-wing pastor known for practicing conversion therapy, is behind this latest effort in a series of attempts to enact transgender restrictions in Ohio. The hearing, designated “proponents only,” featured testimonies only from those supporting it. The proponents who spoke testified that family rejection, addiction counseling, and even conversion therapy may be the right options to treat transgender people, while also relying on retired pharmacists and fringe doctors to justify the bans.

The bill, which has already passed the Ohio House of Representatives, was proposed by Representative Gary Click. It is one of several bills targeting transgender and LGBTQ+ people in the state, including a public drag ban and a ban on transgender students in college bathrooms.

It comes after Republicans running on transgender issues lost in several school board races across the state. It combines two contentious anti-trans bills: a ban on gender affirming care up to the age of 18 years old and a ban on transgender people playing in sports of their gender identity.

Importantly, there are no exceptions for the gender affirming care ban for severe dysphoria, no alternate treatments presented in the bill, and it even would pull transgender youth who are already on medication off of their medication, forcing them to medically detransition.

The hearing included testimonies from several members of the small group of political detransitioners and social media influencers who frequently travel between state hearings to oppose gender-affirming care, paralleling the ex-gay movement of the 1990s and early 2000s. A recent article states that prominent figures in this group, like Chloe Cole, may be paid for their appearances.

Detransitioners and “trans regretters,” including Chloe Cole, Prisha Mosely, and Corinna Cohn — all recent participants in a controversial Genspect conference where trans women were said to transition due to thinking they are “failed boys” — spoke at the hearing. Riley Gaines, famous for tying for 5th place against transgender swimmer Lia Thomas, also made an appearance.

It’s crucial to acknowledge that, according to a Cornell University review, detransition rates are estimated to be between 1-3%. Moreover, the reasons for detransitioning most commonly do not stem from a lack of transgender identity but rather from parental pressure, employment challenges, or societal stigma.

One of the detransitioners who testified to ban gender affirming care seemed to make this point without realizing it. Richard Anumene, who is suing Kaiser Permanente for providing him gender affirming care as an adult, testified that he faced immense family pressure after transitioning at the age of 20.

Though he states that he experienced a wonderful transition early on, he was “convinced to return to presenting as a man” due to rejection by his father and economic difficulties, in line with recent studies showing transgender people experience heightened rates of poverty. Numerous other witnesses would suggest family rejection and non-affirmation could be a way to stop trans people from being trans.

Another detransitioner, Morgan Keller, testified for the first time that she detransitioned due to being “seduced” by “gender ideology” and a belief that her gender identity was a “delusion.” She left out an important part of her own detransition journey, however; Keller, when posting online about her detransition, stated that the actual reason she detransitioned was because she had a religious experience that resulted in an intense dream where God told her she was on the wrong path. Religious experiences like this are common in both the ex-gay and the religious detransitioner communities, which often teach that being LGBTQ+ goes against God’s will.

Perhaps one of the most extreme testimonies came from Jeanette Cooper, who rejected her own child’s transgender identity and who lost custody to the child’s father after the he testified that Cooper’s actions led to mental and emotional harm. Cooper revealed that she leads a group of “thousands of parents” who do not affirm their transgender children’s gender identities, promoting this form of rejection as a way to deter being transgender. Later, when asked how people with gender dysphoria should be treated, she stated that it must be treated “like an addiction.” There is no evidence that treating being transgender “like an addiction” helps health outcomes for them, but plenty of evidence that rejection has profound negative impacts. Transgender youth with parental support was reported in one study to show a 63% lower suicidality rate.

You can see an excerpt from her submitted testimony here:

One group that sent a representative to testify was the Alliance Defending Freedom, the organization behind writing most of the anti-trans laws in the United States and the organization being paid large sums of money to defend them in court.

Matt Sharp from the Alliance Defending Freedom testified that banning trans care does not violate the organization’s “parental rights” stance, and that the ban “only targeted puberty blockers, hormone therapy, and surgery” for trans youth. When asked what was left for these youth, he claimed that “therapy” was the best way to treat them.

It is important to note that organizations that often ally with the Alliance Defending Freedom push a variety of forms of conversion therapy. The Alliance Defending Freedom itself once allied with Exodus International, the ex-gay movement of the 1990s and early 2000s, and continues to defend conversion therapy for both gay and transgender people. Interestingly, the recently elected speaker of the US House, Mike Johnson, was part of that partnership.

There is no evidence that conversion therapy is a good treatment for transgender people, and plenty of evidence that it does harm. Meanwhile, gender affirming care has extremely strong evidence behind it. A recent journal article in the esteemed medical journal, The Lancet, judged that gender affirming care is a form of preventative healthcare. It leads to an improved quality of life and plays a major role in the well-being of transgender people.

Several studies have shown that it leads to positive mental health outcomes and heavily reduces suicides—some studies report a remarkable 73% decrease in suicide rates. The endorsement of gender affirming care is supported by a collection of over 50 journal articles compiled by Cornell University, all of which underscore its beneficial effects.

Several other proponents were brought in to testify. These proponents included fringe medical practitioners, such as Ohio pharmacist Kent Zellner, who resigned as a pharmacist after refusing to fill Plan B prescriptions in Yellow Springs, Ohio. Cynthia Millen, a woman often presented as a “USA Swimming official” who has stated that “predators love Planned Parenthood” and that gay people should “practice chastity,” testified as well.

Riley Gaines, a major conservative influencer, also showed up to testify in favor of the sports ban portion of the bill. Following the hearing, she announced to her followers that she played a major role in banning transgender women from women’s chess.

Despite anti-trans policies not being politically popular in Ohio—70% of of school board candidates running on transgender issues and Moms For Liberty platforms lost—sources indicate that Republicans intend to push this bill through. Should it pass into law, Ohio will be one of the last conservative states to pass a gender affirming care ban and sports ban for trans youth. The harm these bills will do is immense if passed into law.

The next hearing will be an opponent hearing, which will be announced at a later date.

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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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