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Transgender woman deported from US murdered in El Salvador

Camila one of two trans women recently murdered in country

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A transgender woman who the U.S. deported back to her native El Salvador died earlier this month after she was attacked outside the country’s capital.

Editor’s note: A Spanish version of this story that El Salvador Correspondent Ernesto Valle wrote was published on the Washington Blade’s website on Feb. 16. This article has been updated with additional details about Camila and her deportation from the U.S.

SAN SALVADOR, El Salvador — A transgender woman who the U.S. deported back to her native El Salvador died earlier this month after she was attacked outside the country’s capital.

Asociación Aspidh Arcoiris Trans, a Salvadoran trans advocacy group, told the Washington Blade that Aurora, who was also known as Camila, had been reported missing at the end of January.

The group looked for Camila at various hospitals and eventually learned she had been admitted to Rosales National Hospital in San Salvador, the Salvadoran capital, on Jan. 31 with multiple injuries. Camila passed away on Feb. 3.

She was found on Carretera de Oro above the municipality of Soyapango outside of San Salvador. It remains unclear what happened to Camila.

Activists with whom the Blade spoke said threats that Camila received prompted her to travel to the U.S. with one of the migrant caravans that left Central America last year. They said the U.S. deported Camila and she had been in El Salvador for 4-5 months before her death.

“She migrated to the U.S. because of threats that she had received, but she was deported because they didn’t believe her,” Aislinn Odaly’s, an independent LGBTI rights advocate, told the Blade.

Camila is the second trans women reported killed in El Salvador this month.

A trans woman who used the name Lolita was killed with a machete on Feb. 8. The murder took place in Sonsonate, but trans rights organizations don’t have any additional information.

El Salvador’s National Civil Police and the country’s attorney general have not classified either murder as a hate crime, in part, because Lolita and Camila died in public hospitals where the reports that were made did not mention they were victims of violence.

“We want justice and that these cases are investigated and the reformed penal code procedures to be applied when those who are responsible are found,” Aspidh Arcoiris Trans Projects Coordinator Ambar Alfaro told the Blade, referring to a 2015 amendment to El Salvador’s legal code that enhances penalties for hate crimes based on sexual orientation and gender identity. “Although we have begun the year badly, we hope these crimes establish precedents for there to also be a positive legal framework that regulates the situation of trans people, especially the situation of violence and insecurity.”

The lack of action on the part of the judicial system to investigate hate crimes has created a widespread feeling of anxiety among El Salvador’s LGBTI activists. “It is unfortunate that although we have articles in the penal code that (allow for the classification of) crimes committed against trans people as hate crimes, they are not put into practice,” Miss Trans El Salvador 2018 Tatiana Molina, who is also an LGBTI activist, told the Blade. “Such is the case of all the crimes that have occurred in recent years and specifically the cases of Camila and Lolita. That is why we are demanding justice and the prompt investigation and prosecution of these cases.”

The increase in anti-LGBTI hate crimes and the lack of prosecution of them has sparked increased fear among community members. “I feel outraged, insecure and even more so I am afraid of any reaction of a homophobic or transphobic person who can harm us while walking in the streets,” said Odaly’s.

Aspidh Arcoiris Trans has made formal complaints in Camila’s case and continues to give special attention to it. Advocacy groups have also filed formal complaints in Lolita’s case, but it remains unclear whether any investigation into either murder or those who may be responsible has begun.

A spokesperson for the National Civil Police has not returned the Blade’s request for comment.

Casa Ruby working with trans Salvadoran women detained by ICE

El Salvador, which borders Guatemala and Honduras, has one of the world’s highest per capita murder rates. Thousands of people — including trans women who are even more vulnerable to violence from gang members, police and family members because of their gender identity — have migrated from El Salvador in hopes of reaching the U.S. and other countries that include Mexico.

The Blade earlier this month confirmed U.S. Immigration and Customs Enforcement was housing 45 trans women at a privately-run detention center in Texas. Some of the detained trans women for whom the D.C.-based Casa Ruby is working to provide housing are from El Salvador.

Lolita was killed in Sonsonate, El Salvador, on Feb. 8, 2019. (Photo courtesy of Aspidh Arcoiris Trans)
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U.S. Federal Courts

Lawsuits against Ohio State over sexual predator sports doctor tossed

“The judge just threw 300 survivors in a trash can,” Steve Snyder-Hill said then adding, “a trash can with an OSU logo on it”

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Screenshot via WBNS-TV, CBS News 10, Columbus, Ohio

COLUMBUS, Oh. – A Federal judge Wednesday dismissed hundreds of pending lawsuits against Ohio State University, (OSU) in cases related to a former OSU sports team doctor Richard Strauss, who had sexually molested young male athletes and other students for twenty years.

In his ruling, U.S. District Judge Michael H. Watson of the Southern District of Ohio wrote;

It is beyond dispute that Plaintiffs, as well as hundreds of other former students, suffered unspeakable sexual abuse by Strauss. It is also true that many Plaintiffs and other students complained of Strauss’s abuse over the years and yet medical doctors, athletic directors, head and assistant coaches, athletic trainers, and program directors failed to protect these victims from Strauss’s predation.”

According to Judge Watson he dismissed the cases because the statute of limitations for criminal rape cases in Ohio is 20 years to report for criminal prosecution or otherwise have legal proceedings initiated.

“If there is a viable path forward for Plaintiffs on their claim against Ohio State, it starts with the legislature rather than the judiciary,” Watson wrote.

Taking aim at Ohio lawmakers Watson noted; ““At all times since the filing of these cases, the Ohio legislature, has the power, but not the will, to change the statute of limitations.” The legislature can provide a “path forward for Plaintiffs on their claim against Ohio State.”

Strauss preyed on hundreds of young men from the time of his employment at OSU in 1978 until he retired in 1998, and allegations about his misconduct didn’t become public until an ex-wrestler named Mike DiSabato spoke out in 2018, years after Strauss’ death by suicide in 2005.

The former athletes were represented by several legal teams including Washington D.C./Oakland, California-based legal advocacy group Public Justice.

Today’s ruling is not only deeply disappointing,” the legal team said in reaction to the ruling today, “but also sends a disturbing message that the very real challenges sexual abuse survivors often face in understanding what has happened to them – and who enabled the abuse they experienced – is irrelevant when they ultimately ask for the court’s help in holding abusive people and institutions accountable.

OSU spent decades denying, hiding, and evading the truth about its role in concealing the abuse that happened on its watch. Today’s ruling punishes survivors already traumatized by the university’s callous campaign of deception. The court’s decision cannot, and must not, be the final word in the survivors’ journey towards justice.”

The case against OSU brought widespread attention as one of the cases involved Strauss victim Steve Snyder-Hill, a a prominent LGBTQ activist and a U.S. Army veteran. Upon hearing of Watson’s ruling, a palpably angered Snyder-Hill told several media outlets; “The judge just threw 300 survivors in a trash can,” he said adding, “a trash can with an OSU logo on it.”

Steve Snyder-Hill (Screen shot via WCMH-TV, NBC 4 Columbus, Ohio)

NBC News had reported on the case and profiled Snyder-Hill in 2019:

[…] In the years following the alleged assault, Snyder-Hill would go on to serve in the Iraq War, publicly fight against the military’s “don’t ask, don’t tell” policy and become an outspoken advocate for same-sex marriage. He and his husband, Josh, married in 2011 in Washington, D.C., in front of the tombstone of Leonard Matlovich, a Vietnam War veteran who had been discharged by the Air Force for being gay. The couple were involved in a lawsuit filed by Service Members Legal Defense Network that challenged the federal Defense of Marriage Act (DOMA), which prevented the military from giving benefits to legally married same-sex couples, and successfully fought in court to have their surnames combined in Ohio.

Snyder-Hill was unexpectedly thrust into the media spotlight in 2011 after submitting a question during the Republican presidential debate about whether the candidates would reverse the 2011 repeal of “don’t ask, don’t tell.” Some members of the audience booed Snyder-Hill, who submitted his question by video from his military base in Iraq. That an active-duty soldier in uniform would be booed during a presidential debate shocked and angered many Americans during a time when acceptance for same-sex marriage was mounting. […]

The publicity over the OSU cases also ensnared conservative right-wing Rep. Jim Jordan (R-Ohio), renewing questions over his failure to stop Strauss from molesting former wrestlers Jordan had coached more than two decades ago at OSU. Jordan was accused of that neglect in 2018 by those former wrestlers.

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National

2.3 million Latinx LGBTQ adults live in the US

More than one-third are living in low-income households

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Graphic via Fenway Health LATINX Center, Boston, Massachusetts

LOS ANGELES – A new study by the Williams Institute at UCLA School of Law finds that an estimated 2.3 million adults in the U.S. identify as Hispanic or Latino/a and LGBTQ.

Researchers found that Latinx LGBTQ people fare worse than their non-LGBTQ counterparts on some measures of economic and social vulnerability, including unemployment and food insecurity. In addition, Latinx LGBTQ adults face disparities in mental and physical health such as depression, asthma, and chronic health conditions compared to non-LGBTQ adults.

However, similarities were found between the two groups, including household annual income and experiences of victimization and discrimination.

This study provides information on the well-being of Latinx adults in the U.S., as well as additional analyses of Latinx LGBTQ subgroups, such as Mexican, Central American, and South American LGBTQ people in California.

“In terms of economic security, we see both similarities and differences between Latinx LGBTQ and non-LGBTq adults,” said lead author Bianca D.M. Wilson, Senior Scholar of Public Policy at the Williams Institute. “The fact that Latinx LGBT adults tend to be younger may contribute to  disparities in employment and food insecurity, while U.S. citizenship—which many Latinx LGBTQ adults in California have—may help close the poverty gap.”

KEY FINDINGS

Demographic Characteristics

  • There are an estimated 2.3 million Latinx LGBTQ adults in the US.
  • 65% of Latinx LGBTQ adults are under age 35, compared to 45% of non-LGBT adults.
  • Just over half (52%) of LGBTQ Latinx adults are women, and 48% are men. 
  • Fewer Latinx LGBTQ adults (44%) than non-LGBTQ adults (57%) are raising children.

Economic Characteristics

  • Latinx LGBTQ adults are more likely to be unemployed (10% vs. 8%) and to experience food insecurity (32% vs. 25%) than Latinx non-LGBT adults.
  • 37% of Latinx LGBTQ adults and 39% of non-LGBTQ adults live with a household income below $24,000 per year.
  • Latinx LGBTQ adults are less likely to live in low-income households than non-LGBTQ adults, however, the rates of poverty are high for both groups: 60% of Latinx LGBTQ adults live below 200% of the federal poverty level, compared to 63% of non-LGBTQ Latinx adults.

Mental and Physical Health

  • Nearly one-third (30%) of Latinx LGBTQ adults have been diagnosed with depression, compared to 16% of Latinx non-LGBTQ adults.
  • Latinx LGBTQ women have the highest rates of depression (35%) compared with non-LGBTQ women (20%) and both groups of men.
  • Latinx LGBTQ adults (12%) are more likely to have Medicaid as their primary insurance compared to Latinx non-LGBTQ adults (9%).

Discrimination and Stress

  • 17% of Latinx LGBTQ adults disagreed with the statement “You always feel safe and secure” compared to 11% of non-LGBTQ adults.
  • 42% of Latinx LGBTQ adults reported experiencing physical assault and threats, and 69% reported experiencing verbal assault or abuse at some point in their lives.

Social Support

  • The majority (64%) of Latinx LGB adults and 40% of Latinx transgender adults reported feeling connected to the LGBT community.
  • Less than half (43%) of Latinx LGBTQ adults reported feeling connected to the Latinx community.

This study is part of the Williams Institute’s LGBTQ Well-Being at the Intersection of Race series, which examines demographic characteristics and key indicators of well-being, including mental health, physical health, economic health, and social and cultural experiences, of different racial/ethnic groups in the U.S. The series also includes analyses by region.

Read the report

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Congress

Tyler Clementi Higher Education Anti-Harassment legislation reintroduced

The legislation has failed to garner enough congressional support for passage beginning with its initial introduction in 2011

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Photo courtesy of the Tyler Clementi Foundation

WASHINGTON – Democratic U.S. Senators Patty Murray of Washington and Tammy Baldwin of Wisconsin, along with Democratic U.S. House Representative Mark Pocan, also from Wisconsin, reintroduced the Tyler Clementi Higher Education Anti-Harassment Act Wednesday.

If enacted, the legislation would require colleges and universities that receive federal student aid to have in place a policy that prohibits harassment of students based on their actual or perceived race, color, religion, national origin, sex, disability, sexual orientation, or gender identity.

Schools would have to distribute that policy to all students, along with information about the procedure to follow should an incident of harassment occur, and notify students of counseling, mental health, and other services available to victims or perpetrators of harassment.

The legislation would also require schools to recognize cyber-bullying as a form of harassment, and would create a new grant program at the U.S. Department of Education to help colleges and universities establish programs to prevent harassment of students.

“No student should live in fear of being who they are at school,” Baldwin said in a statement. “By reintroducing this legislation, we are taking a strong step forward in not only preventing harassment on campus, but also making sure our students have the freedom to learn and succeed in safe and healthy environments. Everyone at our colleges and universities deserves to pursue their dreams free of harassment and bullying.”

The lawmakers action was to mark eleventh anniversary of 18-year-old Tyler Clementi’s death, a suicide, after he lept from George Washington Bridge which connects North New Jersey to New York City on September 22, 2010. 

The Rutgers University freshman jumped to his death just days after his college roommate broadcast live images on the internet of him having a sexual encounter with another man. Fellow students Dharun Ravi, who was Clementi’s roommate, and Molly Wei were later charged. Wei struck a plea deal with prosecutors and a New Jersey Superior Court judge sentenced Ravi to 30 days in prison and three years probation for his actions.

The proposed law has failed to garner enough congressional support for passage over the past decade in beginning with its initial introduction in the 112th Congress in 2011. 

During a dedication ceremony on Monday February 4, 2013 of the Tyler Clementi Center at Rutgers University in New Jersey, U.S. Rep. Rush Holt, (D-N.J.) announced that he and U.S. Sen. Frank Lautenberg (D-N.J.) had reintroduced the legislation in Congress.

The legislation failed to get the required support for passage and it again languished.

Last year in the 116th Congress, it was introduced again by Pocan in the House and Murray and Baldwin in the Senate in May 2019.

“Today we honor the life of Tyler Clementi by reintroducing this critical legislation. No one should be bullied because of who they are or who they love,” Pocan said in a statement. “This bill will help ensure that students can learn in peace and not have to worry about living in fear or humiliation for being themselves.”

Tyler’s parents founded a non-profit organization in their son’s name committed to end online and offline bullying, harassment, and humiliation.

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