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Taiwan lawmakers approve same-sex marriage bill

Country will be first in Asia to allow gays and lesbians to marry

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Lawmakers in Taiwan on May 17, 2019, approved a bill that will extend marriage rights to same-sex couples. (Photo courtesy of Taiwan Tongzhi Hotline Association)

Lawmakers in Taiwan on Friday approved a bill that extends marriage rights to same-sex couples.

“On May 17th, 2019 in Taiwan, Love Won,” tweeted President Tsai Ing-wen after the vote. “We took a big step towards true equality, and made Taiwan a better country.”

The vote took place less than seven months after a referendum on whether to extend marriage rights to same-sex couples failed.

Taiwan’s Constitutional Court in May 2017 ruled the provision of the island’s civil code that does not “allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together” is unconstitutional. The landmark ruling also said same-sex couples could legally marry within two years if Taiwanese lawmakers fail to “amend or enact relevant laws” that allow them to do so.

Taiwan will become the first country in Asia to allow same-sex couples to marry.

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Texas

Texas Governor Abbott: “We Want To End” trans teachers

Abbott announced in a keynote speech to the Young Conservatives of Texas an intention to “end” trans and GNC teachers being able to teach

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Texas Gov. Greg Abbott addresses Young Conservatives of Texas convention in Dallas Saturday April 20. (Photo Credit: YCT/Twittwr)

By Erin Reed | DALLAS, Texas – During a session at the 2024 Young Conservatives of Texas Convention held at the Hilton Anatole in Dallas this weekend, Gov. Greg Abbott stated that trans and gender nonconforming (GNC) teachers must be “ended” in the state. 

This statement follows crackdowns on transgender teachers in various Republican-controlled states in the United States. Book bans“Don’t Say Gay” legislation, and anti-drag laws have increasingly been weaponized against all transgender and GNC individuals, especially within educational settings. In Texas, many of these laws have been blocked due to being likely unconstitutional; however, this has not prevented the governor from making one of his strongest statements yet in support of overt discrimination toward transgender people.

The statement, first reported by journalist Steven Monacelli, addresses a teacher in a small town in Texas. Abbott, who repeatedly refers to the teacher as a “man dressed as a woman,” states that the teacher’s mere presence “normalizes the concept” of being transgender or GNC—a concept Gov. Abbott then asserts the state should try to prohibit. He states, “This kind of behavior is something we need to end in the state of Texas.”

Abbott said:

Up the street from where we are right now is Lewisville, Texas. In Lewisville, Texas, in the high school, recently, as in just a month ago, they had a high school teacher who was a man who would go to school dressed as a woman in a dress, high heels, and makeup. Now, what do you think is going through the mind of the students that’s in that classroom? Are they focusing on the subject that this person is trying to teach? I don’t know. What I do know are these two things. One is this person, a man, dressing as a woman, in a public high school in the state of Texas, he’s trying to normalize the concept that this type of behavior is okay. This type of behavior is not okay. And this is the type of behavior that we wanna make sure we end in the state of Texas.”

Within hours, multiple GOP officials in Texas signed onto Abbott’s call to ban trans and GNC teachers from teaching. These include Texas GOP Chair Matt Rinaldi and multiple Texas State legislators and candidates such as Briscoe Cain and Brent Money. Their reaction to Abbott’s comments are in line with the Texas GOP platform passed in 2022 that call extensive restrictions on trans and GNC individuals in schools.

It is important to note that federal law prohibits discrimination against LGBTQ+ people in the workplace. A Supreme Court decision, Bostock vs. Clayton County, specifically stated that Title VII protections around nondiscrimination in the workplace apply to trans and GNC people. That court decision is currently being used to overturn anti-trans laws in Title IX cases in schools as well as bathroom banssports bans, and more.

Recent efforts have targeted transgender and gender-nonconforming individuals within state school systems. For example, Florida’s “Don’t Say Gay” legislation was recently extended to apply to transgender teachers who share pronouns or use titles different from their sex assigned at birth. This law forced a transgender female teacher to go by Mr. and use he/him pronouns in the classroom or face termination. Similarly, a nonbinary teacher was banned from using the title Mx. in school.

A recent case in the 11th Circuit Court of Appeals, however, blocked that Florida law as likely in violation of the First Amendment. Like Governor Abbott, attorneys for the state of Florida argued that transgender teachers in the classroom were a “distraction” to students and that a trans woman teacher was harming her students’ education with her mere existence and expression of her identity. The judge, however, struck down this notion, noting that the trans woman teacher had higher test scores than the district average.

It remains to be seen whether Gov. Abbott and the Republican Party of Texas will lean into anti-trans politics going into the 2024 elections. The willingness of some influential Texas Republicans to endorse Gov. Abbott’s position in the video suggests that they might. If so, there is evidence that this could harm candidates who are in tight races in the state and espouse such positions. For instance, in 2023, candidates running on anti-trans issues experienced significant defeats nationwide, including the defeat of 70% of all Moms For Liberty candidates in school boards.

Regardless of electoral consequences, the state has become harsher for transgender people in recent years. Attorney General Ken Paxton has continued to subpoena medical records of transgender individuals who cross state lines to obtain care. He has also attempted to obtain lists of PFLAG members, including addresses and phone numbers.

Abbott has not been much better: under his leadership, transgender families across the state were investigated under the premise that providing medical care for their transgender youth amounted to child abuse. This latest statement from Gov. Abbott shows an intent to continue weaponizing state powers against transgender and gender-nonconforming people in Texas.

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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.

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

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U.S. Federal Courts

Okla. trans bathroom law appealed after federal judge dismisses it

One of the defendants was state Superintendent Ryan Walters, the most vocal advocate of outlawing school bathroom use by gender identity

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An Oklahoma City federal court judge dismissed a lawsuit that the families of three transgender students had filed in 2022 to challenge a law regulating school bathroom use by biological sex. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

By Nuria Martinez-Keel | OKLAHOMA CITY, Okla. – A lawsuit challenging an Oklahoma law affecting transgender students’ use of school restrooms has been appealed after being dismissed in Oklahoma City federal court.

The families of three transgender students sued the Oklahoma State Department of Education in 2022 to overturn Senate Bill 615, which they said is unconstitutional and a Title IX violation. 

SB 615 required school restrooms to be used according to a person’s biological sex, not their gender identity. A single-occupant restroom also must be available as an alternative.

On Friday, the American Civil Liberties Union of Oklahoma appealed U.S. District Judge Jodi W. Dishman’s decision to throw out the lawsuit. Last month, Dishman fully dismissed the case with prejudice, meaning it cannot be refiled.

The dismissal was “mildly surprising” because it means the judge didn’t just disagree, but found the plaintiffs’ claims to be meritless, said Devraat Awasthi, an ACLU legal fellow working on the case. 

The ACLU of Oklahoma has appealed Dishman’s decision to the Tenth Circuit Court of Appeals.

“SB 615 is a law that elevates the privacy and safety interest of cisgender students above those of transgender and nonbinary students, and that violates the Constitution’s promise of equality under the law,” Awasthi said. “That’s a promise that all Oklahomans care about, and I think that we are vindicating that important commitment by bringing this appeal.”

Dishman ruled in favor of the state Attorney General’s Office, who contended treatment based on gender identity doesn’t amount to sex discrimination under Title IX.

The three plaintiffs don’t present a danger to fellow students, the judge wrote in her court order, but she decided striking down the law could create a safety issue.

“If the Court adopted Plaintiffs’ position, any biological male could claim to be transgender and then be allowed to use the same restroom or changing area as girls,” Dishman wrote. “This is a major safety concern.

“However, if Plaintiffs’ arguments were adopted, it would put school officials in the position of either having to conduct a subjective analysis of the sincerity of an individual’s gender identity or merely take their word for it.”

The Attorney General’s Office declined to comment on the case.

 State Superintendent Ryan Walters speaks during an Oklahoma State Board of Education meeting Aug. 24 in Oklahoma City. (Photo by Brent Fuchs/For Oklahoma Voice)

One of the defendants was state Superintendent Ryan Walters, the head of the state Education Department. He has been one of the most vocal advocates of outlawing school bathroom use by gender identity, saying it puts female students at risk.

“The (U.S.) District Court was correct in recognizing the real physiological differences between men and women, and the real interest of parents in protecting their kids,” Walters said in a statement. “Oklahomans strongly oppose the radical left trying to force young girls to share bathrooms with boys, and I will always fight to protect our students.”

Walters also has been a supporter of Oklahoma laws that prohibit gender-affirming medical care for minors and that block transgender girls from playing in women’s sports. He pursued new rules at the Education Department to prevent students from retroactively changing prior school records to match their gender identity.

Laws like these embolden bullies and put transgender students at risk, Awasthi said. 

He pointed to the death of Nex Benedict, a nonbinary student from Owasso who had reported bullying. A medical examiner’s report found Benedict, 16, died by suicide on Feb. 8, a day after the student was in a fight in a school restroom. 

“I think an important facet of laws like this in general is it gives cover to bullies and to bigots in our society because it makes them think their kind of discriminatory intent is supported by the state,” Awasthi said. “It kind of gives almost permission for that kind of horrible treatment to occur in our public schools.”

Walters called this argument around Benedict’s death a “grotesquely distorted radical, progressive, Democrat narrative” in a Fox News opinion piece he published on Thursday. Walters’ editorial repeatedly referred to Benedict as a girl, despite the Benedict family having said this is an inaccurate description of who the student was. 

About a dozen other states had passed similar bathroom bills by the time Oklahoma’s governor signed SB 615 into law. Legal challenges have succeeded in overturning similar legislation elsewhere in the country. 

The U.S. Supreme Court has let stand two rulings from the Fourth Circuit Court of Appeals that affirmed students’ rights to use the restroom that matches their gender identity.

New rules the U.S. Department of Education introduced on Friday include gender identity protections in Title IX.

A co-author of SB 615, Rep. Kevin West, R-Moore, said several Oklahoma lawmakers worked on the bill’s language to “give that safety and that security to the kids.” He said the legislation’s authors chose not to borrow bill language from other states. 

“I think that might have helped some in it being able to stand up (in court) because we had so many different eyes on it and so many people working on it,” West said.

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Nuria Martinez-Keel

Nuria Martinez-Keel covers education for Oklahoma Voice. She worked in newspapers for six years, more than four of which she spent at The Oklahoman covering education and courts. Nuria is an Oklahoma State University graduate.

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The preceding article was previously published by the Oklahoma Voice and is republished with permission.

Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process.

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

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South America

Daniel Zamudio killer’s parole request denied by Commission

Zamudio’s mother, Jacqueline Vera, said after the commission rejected López’s request, “we as a family are calmer”

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Comisión de Libertad Condicional de Chile (Chilean Conditional Release [Parole] Commission) meeting in Santiago, Chile. (Photo Credit: Ministerio de Justicia y Derechos Humanos)

By Esteban Rioseco | SANTIAGO, Chile —  Chile’s Parole Commission on Tuesday rejected a request to allow one of the four men convicted of murdering Daniel Zamudio in 2012 to serve the remainder of his sentence outside of prison.

Raúl López Fuentes earlier this month asked the commission to release him on parole. Zamudio’s family and members of the Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group, had gone to court to block the request.

Among the arguments put forward that influenced the commission’s decision is what Movilh categorized as his “high risk of recidivism, linked to the adherence of an antisocial behavior with a tendency to minimize his acts transgressing social norms.” 

The commission pointed out that López has psychopathic traits because he is aware of the damage he did to Zamudio and his family. 

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“In addition, he maintains a high risk of violence, not being advisable to grant the benefit,” the report said.

Zamudio was a young Chilean man who became a symbol of the fight against homophobic violence in his country and around the world after López and three other young men with alleged ties to a neo-Nazi group beat him for several hours in Santiago’s San Borja Park on March 2, 2012. Zamudio succumbed to his injuries a few weeks later.

The attack sparked widespread outage in Chile and prompted a debate over homophobia in the country that highlighted the absence of an anti-discrimination law. Lawmakers in the months after Zamudio’s murder passed a law that bears Zamudio’s name.

López in 2013 received a 15-year prison sentence after he was convicted of killing Zamudio. Patricio Ahumada received a life sentence, while Alejandro Angulo Tapia is serving 15 years in prison. Fabían Mora received a 7-year prison sentence.

Daniel Zamudio’s mother, Jacqueline Vera. (Photo courtesy of Jacqueline Vera)

Zamudio’s mother, Jacqueline Vera, exclusively told the Washington Blade after the commission rejected López’s request that “we as a family are calmer.”

“Even with my husband we were in a lot of pain at the beginning. It was like a blow of very strong emotions, so we tried to stay calm because we still had to solve the problem,” Vera said. “We had four days to solve it.”

López will have to serve the remaining three years of his sentence before his release.

“I will continue working to improve the Zamudio Law and so that this murderer does not leave prison because he is a danger to society, he does not represent repentance and people like this cannot be free,” she said. “For the same reason, we have to work so that hate crimes have life imprisonment and that is what we will concentrate on.” 

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Photo Credit: Movilh

Esteban Rioseco is a Chilean digital communicator, LGBT rights activist and politician. He was spokesperson and executive president of the Homosexual Integration and Liberation Movement (Movilh). He is currently a Latin American correspondent for the Washington Blade.

On Oct. 22, 2015, together with Vicente Medel, he celebrated the first gay civil union in Chile in the province of Concepción.

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Research/Study

Same-sex couples vulnerable to negative effects of climate change

Same-sex couple households disproportionately live in coastal areas, cities & areas with poorer infrastructure and less access to resources

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FEMA worker surveys flood damage in the Spring of 2024 in the northeastern United States. (Photo Credit: Federal Emergency Management Agency)

LOS ANGELES – A new report by the Williams Institute at UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency (FEMA), researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, Senior Fellow and Director of International Programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, Research Data Analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Political commentary & analysis

Anti-trans British pediatrician backpedals on her review on HRT

Dr. Cass’s latest statements are likely to cast more doubt on the study, which disregarded substantial evidence on trans care

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National Health Service Norfolk & Norwich University Hospital, a National Health Service hospital in England. (Photo Credit: Francis Tyers/NHS)

By Erin Reed | WASHINGTON – In the latest twist over the Cass Review, a controversial report released in England last week targeting transgender care, the review’s leader has seemingly walked back recommendations and findings that have already led to a crackdown on transgender care in the United Kingdom.

Dr. Hillary Cass, in an interview with LGBTQ+ organizations, reportedly stated that puberty blockers and hormone therapy should be made available at differing ages based on individual need, and that current policies in England often result in those medications being offered too late. This stands in stark contrast to the report itself, which presents much more restrictive findings and recommendations on trans youth care that have been used to ban treatments in the UK and cited by far-right organizations behind bans in the United States.

The Cass Review was commissioned and produced in England in the wake of political attacks on transgender people in the United Kingdom after clinic closures and skyrocketing wait times. The “independent” review was lead by Dr. Hillary Cass, who reportedly followed several anti-trans organizations on social media and who met with Governor DeSantis’ medical board and offered information in their efforts to ban care in Florida, leading to some to question that independence. Last week, the final review was published, leading to bans on puberty blockers in the country, citing the report as justification for doing so.

The report disregarded a substantial amount of evidence for transgender care as not “high quality” enough and then described the evidence surrounding transgender care as weak, despite other reviews, major medical organizations, and the largest psychological organization in the world finding the evidence compelling enough to support gender affirming care. This has led to a group of over 100 Irish academics decrying the review in a group letter. The report made a series of recommendations, such as Recommendation 8, which states that hormone therapy is available for 16-year-olds but should be administered with “extreme caution,” and encourages clinicians to delay the treatment until age 18 unless there are “clear rationales” for earlier intervention. It also called for significant restrictions on puberty blockers, limiting them to research studies only. These recommendations and Cass’s findings have been used to justify severe crackdowns on transgender care.

See recommendation 8 here:

Recommendation 8, Cass Review.

Now, in an interview first reported on twitter by TransSafetyNow, Dr. Hillary Cass appears to substantially walk back much of her review, interpretations of that review, and even attempts to brush off her meetings with political appointees in the DeSantis administration who met with her to obtain information they would later attempt to use to ban trans care there. In the interview with UK-based LGBTQ+ organization The Kite Trust, Dr. Hillary Cass is asked if she believes it is OK to prescribe puberty blockers. Her answer is significantly out of alignment with her report:

In the data the Cass Review examined, the most common age that trans young people were being initially prescribed puberty suppressing hormones was 15. Dr. Cass’s view is that this is too late to have the intended benefits of suppressing the effects of puberty and was caused by the previous NHS policy of requiring a trans young person to be on puberty suppressing hormones for a year before accessing gender affirming hormones. The Cass Review Report recommends that a different approach is needed, with puberty suppressing hormones and gender affirming hormones being available to young people at different ages and developmental stages alongside a wider range of gender affirming healthcare based on individual need.

Her answer aligns more closely with the current provision of transgender care in many countries, where individual needs and circumstances are prioritized for each patient. However, this is not the tone of the report, which has been used to advocate for significant restrictions and even outright bans. In the United States, the report has been cited by the Heritage Foundation (retweeted) and the Alliance Defending Freedom, organizations that have been actively involved in bans on trans care. In the United Kingdom, the report has even prompted an inquest into adult trans care, raising concerns about its potential impact on this care as well.

Some have accused her answers in the interview as being an attempt to deflect criticism. This is particularly evident in her response regarding a meeting with Dr. Patrick Hunter, a Catholic Medical Association doctor who was tapped by Governor Ron DeSantis in the United States to ban transgender care. Following the publication of the Florida reviews and standards of care, which bears a resemblance to the Cass Review, lawsuits revealed that the review was deceitfully conducted. Evidence, including a PowerPoint document, showed that the decision to ban trans care had been made before the review had even begun. Documents produced by the lawsuit also revealed that Dr. Cass had taken a meeting and exchanged emails with the Florida team.

Dr. Cass, in the latest interview, denies any wrongdoing, stating:

Patrick Hunter approached the Cass Review stating he was a paediatrician who had worked in this area. The Cass Review team were not aware of his wider connections and political affiliations at this time and so he met the criteria for clinicians who were offered an initial meeting. This initial contact was the same as any paediatrician who approached the study. The Cass Review team declined any further contact with Patrick Hunter after this meeting. Patrick Hunter and his political connections has had no influence on the content of the Cass Review Report.

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However, in a new email made exclusively available to “Erin In The Morning,” Dr. Cass’s denial of impropriety does not appear to tell the whole story. Although she claims that she was not aware of his political affiliations, we learn that the meeting was actually set up by Dr. Riittakerttu Kaltiala, a member of the Cass Advisory Board (declared in her conflicts of interest) whom Dr. Patrick Hunter says has worked with him many times in the past. In this email, we also learn that Dr. Cass followed up with information she wanted to share with the board.

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Email from Dr. Patrick Hunter about meeting with Dr. Cass.

Furthermore, Dr. Cass’s claim that this was the only meeting between members of the Cass Review team and medical board members appointed by Governor DeSantis to ban care is contradicted by a court deposition citing “regular meetings” with Dr. Kaltiala, the member of the Cass Review Advisory Board who arranged the meeting between Dr. Cass and Dr. Hunter.

https://glad-org-wpom.nyc3.cdn.digitaloceanspaces.com/wp-content/uploads/2023/03/doe-v-ladapo-plaintiffs-trial-brief.pdf?cshp_omh_redirect_404=1 deposition document discussing Hunter's communications with Dr. Ritta Kaltiala and Michael Biggs and SEGM.
Deposition of Dr. Roman in Florida Case

The interview is likely to further embroil the Cass Review in scandal both in the United Kingdom and internationally. It seems to represent a significant attempt to deflect criticism from the report by softening some of its conclusions. Moreover, the defensive tone of the report regarding those who influenced its production and meetings with politically charged appointees, who themselves have faced scrutiny over unethical and deceitful practices in reports on transgender healthcare, is bound to raise eyebrows.

However, it remains to be seen whether politicians in England or in red states in the United States, who are aggressively seeking any pretext to restrict care, will pause their efforts even with Dr. Cass tempering the implications of her report.

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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.

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

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Montana

ACLU sues Montana over gender markers on driver’s licenses

The Montana Department of Justice quietly adopted a new policy for changing gender markers on Montana driver’s licenses

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Montana Attorney General Austin Knudsen being interviewed by local media. (Photo Credit: Montana Department of Justice)


By Nicole Girten | HELENA, Mont. – The Montana Department of Justice quietly adopted a new policy for changing gender markers on Montana driver’s licenses that would require transgender Montanans to provide an amended birth certificate, as opposed to only requiring a note from a doctor.

That’s according to a class action lawsuit filed by the ACLU of Montana on Thursday, which is asking the court to declare the new Motor Vehicle Division policy unconstitutional. The lawsuit targets a rule enacted by the state’s health department in 2022 which plaintiffs claim bans transgender applicants from changing the sex marker on their birth certificate.

This lawsuit follows other legal challenges in recent years involving legislation and rules regarding changing gender markers on birth certificates in the Treasure State. A law passed during the 2021 legislature restricting changes to birth certificates was found unconstitutional and there are two other ongoing lawsuits surrounding a 2023 law defining sex as binary in statute.

Defendants listed in the lawsuit include Attorney General Austin Knudsen, the Montana DOJ, Gov. Greg Gianforte, the Department of Public Health and Human Services and DPHHS Director Charlie Brereton.

A spokesperson for Gov. Gianforte said Thursday the governor “stands by the bill he signed in 2023 that brings the long-recognized, commonsense, immutable biologically-based definition of sex — male and female — into our state laws.”

“It is no surprise the ACLU would wade into Montana to challenge commonsense, immutable biological facts to advance its far left agenda,” the spokesperson said in an emailed statement.

A DPHHS spokesperson said the department does not generally comment on on-going litigation and a spokesperson for the DOJ did not respond to emailed questions in time for publication.

Plaintiffs include a former Montana resident and transgender woman, Jessica Kalarchik, who is looking to change the gender marker on her birth certificate, and Jane Doe, a transgender woman looking to change the gender marker on both her birth certificate and her driver’s license.

Plaintiffs claim the 2022 rule, the 2023 law and the new DMV protocol go against protections in Montana’s constitution.

Plaintiff Doe avoids using public restrooms and changing rooms for fear of mistreatment or violence. She’s already faced mistreatment from people in her life after coming out, according to the lawsuit.

Doe worries about showing her identification documents with her gender assigned at birth to someone who may react negatively.

“Ms. Doe is typically perceived as female, so anytime she is forced to present an identity document that incorrectly identifies her as male, she is forced to ‘out’ herself as transgender,” the lawsuit read. “As Ms. Doe’s appearance has shifted, her driver’s license no longer matches her appearance, and she has experienced increasing issues with this disparity.”

Kalarchik, 49, is a transgender woman and veteran who was born in Butte and currently lives in Anchorage, Alaska, with her wife, Renee. She’s looking to have the gender marker amended on her birth certificate for similar fears of retaliation as Doe. The lawsuit said she has previously experienced incidents of harassment and discrimination in both her personal and professional life.

Kalarchik started hormone therapy in 2022 and has legally changed her name and sex marker on both her Alaska driver’s license and her Social Security card.

The lawsuit said the 2022 rule and Senate Bill 458, which defines sex as binary and passed in 2023, prevent Kalarchik from changing the gender marker on her birth certificate.

DPHHS announced in February the department was reinstating the 2022 rule, which only allows changes to birth certificates in the event the gender marker was listed incorrectly as a result of a data entry error and does not authorize changes “based on gender transition, gender identity, or change of gender.”

“The effect of the 2022 Rule is to categorically ban transgender applicants from obtaining birth-certificate amendments to reflect the sex they know themselves to be,” the lawsuit said.

The rule was first enacted as the state was in ongoing litigation surrounding a similar law passed in 2021, Senate Bill 280, which restricted transgender Montanans’ ability to amend the gender markers on their birth certificates.

The court temporarily blocked SB 280 in 2022, and the state needed to re-institute the previous process for changing birth certificates as litigation continued – which only required an applicant to submit a supporting affidavit. But the state did not, and instead passed the 2022 rule. The court found the state in contempt for going against the preliminary injunction and also found SB 280 to be unconstitutional.

In February, DPHHS said the 2022 rule aligns with SB 458, the sex definition bill sponsored by Sen. Carl Glimm, R-Kila, who also sponsored SB 280. There are two open lawsuits against SB 458. Brereton said in the February announcement DPHHS “must follow the law, and our agency will consequently process requests to amend sex markers on birth certificates under our 2022 final rule.”

Plaintiffs are claiming the 2022 Rule, the new MVD policy, and SB 458 (within the context of amending birth certificates and driver’s licenses) are not constitutional. The lawsuit argues the policies violate protections in the Montana constitution for privacy, equal protection under the law, and against compelled speech.

The lawsuit says the policies are inherently discriminatory and require compelled speech in that in order to comply, transgender people have to “misidentify themselves by a sex designation that does not accurately state their sex.”

The filing said the “essential danger” of these policies are they “require transgender Montanans to carry identity documents that are contrary to the sex they know themselves to be” and therefore increase risk of potential discrimination or violence.

Plaintiffs are asking to establish a class that would include all transgender people born in Montana who currently or in the future wish to change the gender marker on their birth certificate or driver’s license.

Postscript

After publication, the Montana Department of Justice reached out to the Daily Montanan to say the Motor Vehicle Division’s policy to change a sex marker has not changed.

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Nicole Girten

Nicole Girten is a reporter for the Daily Montanan. She previously worked at the Great Falls Tribune as a government watchdog reporter. She holds a degree from Florida State University and a Master of Science from the Medill School of Journalism at Northwestern University.

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The preceding piece was previously published by the Daily Montanan and is republished with permission.

The Daily Montanan is a nonprofit, nonpartisan source for trusted news, commentary and insight into statewide policy and politics beneath the Big Sky.

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

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Southern California

Equality California decries recall of elected Calexico trans official

During her tenure, Mayor Ureña championed numerous initiatives aimed at improving local infrastructure and public services

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Mayor Raúl Ureña (Screenshot/YouTube Calexico City Council session)

CALEXICO, Calif. – Equality California, the nation’s largest statewide LGBTQ+ civil rights organization, has publicly denounced the recent recall of Calexico Councilmember and former Mayor Raúl Ureña, the first out transgender mayor in the city’s history.

The organization’s response underscores significant concern over what it views as a politically motivated attack leveraging anti-LGBTQ+ sentiments.

Tony Hoang, Executive Director of Equality California, expressed profound disappointment over the outcome of the recall effort, criticizing the focus of the recall on Ureña’s transgender identity rather than his accomplishments in office.

“We are deeply disappointed that a group of far-right extremists succeeded in recalling Calexico’s first out transgender Mayor Raúl Ureña, who has a proven track record of delivering for the people of Calexico,” Hoang said.

“This recall campaign was spearheaded by a group of disgruntled former politicians and littered with misinformation and transphobic rhetoric, focusing on Ureña’s identity and not the successful tangible results she has generated for her city. This was a calculated, anti-LGBTQ+ attack against Ureña that has sadly resulted in her recall and will no doubt lead to backsliding for a community already at a crossroads. 

We were proud to support Mayor Ureña throughout this ordeal, and will continue to speak out against any and all anti-LGBTQ+ attacks.”

During her tenure, Ureña championed numerous initiatives aimed at improving local infrastructure and public services while fostering a community environment that valued diversity and inclusion.

The recall campaign, however, argued that new leadership was necessary to fulfill unmet promises such as reducing water costs, revitalizing public spaces, and addressing homelessness and housing shortages.

Ureña posted a Facebook video addressing the recall along with the following caption: 

“The recall made a lot of promises. The clock of new administration begins. From now on my decisions will not affect the municipality.

My message to the youth: DON’T QUIT!

My message to the recall: Keep your promises between now and November. We want a standing Calexico:

  • All the poles fixed
  • All parks to perfection
  • Streets and new benches
  • Let the cost of water go down
  • Downtown Clean
  • Zero Homeless
  • More Housing
  • Police and Fire Department complete
  • City Wide Transport
  • More recreation for the seniors.
  • Line to Mexicali and traffic solved

I wish them luck for the good of Calexico.”

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Following the recall’s success, statements from the new administration promised to focus on various infrastructure projects, enhancements to public safety, and improved social services for seniors, pledging to transform campaign promises into tangible outcomes.

The decision to recall Ureña has polarized Calexico, with many residents and advocates worried about the potential regression in civil rights gains. Equality California has pledged ongoing support for Ureña and reaffirmed its commitment to fighting anti-LGBTQ+ discrimination.

For further details on Equality California’s initiatives and stance on this matter, please visit eqca.org.

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Riverside County

Murrieta Valley School Board votes to defy state over trans policy

The policy includes requests by students to use a name that “differs from their legal name or pronouns that don’t align with their birth sex”

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Murrieta Valley Unified School District support services & administration building. (Photo Credit: Murrieta Valley Unified School District)

MURRIETA, Calif. – The Murrieta Valley Unified School District Board on Thursday voted 3-2 to defy the California Department of Education’s written order and keep its anti-trans parent-notification policy.

The California Department of Education found that it violated the state’s education codes and warned MVUSD that the policy “provided no educational or administrative purpose that could justify the discrimination of LGBT+ students.” The Department of Education stated the policy “singles out and is directed exclusively toward one group of students based on that group’s legally protected characteristics of identifying with or expressing a gender other than that identified at birth.”

The Board essentially countermanded Superintendent Dr. Ward Andrus’ order to his staff reversing the policy after the April 10 DOE order was received. In an emailed notice sent out last Friday to parents, faculty, and staff members, school district administrators stated that the policy was reversed.

The policy, which was originally proposed by school board President Paul Diffley and trustee Nick Pardue and passed states:

[…] any member of a school’s staff “shall notify the  parent(s)/guardian(s), in writing, within three days from the date any District employee, administrator, or certificated staff, becomes aware that a student is: a. Requesting to be identified or treated, as a gender (as defined in Education Code Section 210.7) other than the student’s biological sex or gender listed on the student’s birth certificate or any other official records.”

The policy includes requests by students to use a name that “differs from their legal name (other than a commonly recognized diminutive of the child’s legal name) or to use pronouns that do not align with the student’s biological sex or gender listed on the student’s birth certificate or other official records.”

Last month the MVUSD school board voted 3-2 to keep the forced outing policy on the books even though, according to a Press-Enterprise report, MVUSD Board President Paul Diffley was warned by the district’s law firm, Atkinson, Andelson, Loya, Ruud & Romo (AALRR), that “‘going ahead (with the policy) in such an environment’ could cost the district $500,000 in legal expenses.”

After the board vote, two district educators, Jamie Goebel and Karen Poznanski, filed a complaint with the California Department of Education about the policy due to its “discrimination on the basis of gender identity and expression.”

“This policy not only violated the privacy and dignity of our students but also perpetuated harm and discrimination against LGBTQ+ individuals and their families,” Poznanski told the Press Enterprise once the California Department of Education sided with the teachers last week.

Reacting to the board vote, Tony Hoang, the Executive Director of Equality California told the Blade:

“Yet again, the extremist majority on the Murietta Valley School Board put politics over the safety and well-being of students. These politicians ignored the experts at the California Department of Education and their district staff and doubled down on a policy that is unnecessary, cruel, and opens students up to harm and discrimination.

The school board’s own student member Isabella Dadalt said it best – “if you’re a parent, and you feel threatened by the fact that your student is going to a teacher instead of you, I think you need to rethink your parenting.”

The members of the Murrietta Valley School Board should take note of what happened last month when extremist school board members in Orange Unified and Woodland Unified were successfully recalled after they attacked LGBTQ+ students.

Equality California will continue to for the rights of all students to have safe and supportive learning environments in Murietta Valley, and across the state.”

The Blade has reached out to the California Department of Education and the Murrieta Valley Unified School District Board for comment.

 

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West Hollywood

Bouncer at Heart WeHo arrested in brutal beating of gay stylist

Anyone with questions or information about this incident is encouraged to contact the LA County Sheriff’s Department’s West Hollywood Station

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Captain William (Bill) Moulder, commander of the West Hollywood Sheriff’s Station speaks with KTLA about the beating of 54-year-old Albert Jimenez last month outside of Heart WeHo nightclub. (Screenshot/YouTube KTLA 5)

By Paulo Murillo | WEST HOLLYWOOD – An arrest has been made in the brutal beating of gay hair stylist Albert Vasquez, 54. According to a statement by the Los Angeles Sheriff’s Department, a security guard at Heart WeHo was identified, arrested, and charged with battery causing great bodily harm.

The statement by LASD reads as follows:

On Friday, April 05, 2024, at approximately 10:40PM, the victim attempted to enter a nightclub in West Hollywood. The suspect, who was working as a security guard, did not allow the victim entry due to the victim not having proper identification. Both the suspect and the victim engaged in a verbal and physical altercation, in which the suspect punched the victim once in the face. The victim fell to the ground and was transported to a nearby hospital.

The suspect was identified and arrested for battery causing great bodily injury.

Vasquez’s sister, Gloria Jimenez, tells WEHO TIMES that a detective at the West Hollywood Sheriff’s Station reached out to the family earlier today, and she can confirm that the beating happened in front of Heart WeHo. She also said one of their bouncers was arrested.

The family will be allowed to view the surveillance footage to see exactly what happened on Friday night, April 5, 2024, when Vasquez was found in a pool of his blood with two head fractures, bruises to his lungs, a black eye, and scrapes and bruising to his arms and legs.

“They reached out to me and said an arrest has been made,” said Jimenez. “We kept saying it was Heart WeHo and it happened at Heart WeHo and it was one of their bouncers. We want to see the footage, and we’ll be able to see it because we are family, so we can determine exactly where to go from there. We’re glad an arrest was made, and we’re going to take the next step necessary. We don’t know what that step is. He’s still recovering. We don’t know how long his recovery will take. We don’t know.”

Family, friends, and supporters of Albert Vasquez were relentless in getting the story out to the media, and they pressured the West Hollywood Sheriff’s Station to step up the investigation. They also demanded that Heart WeHo release video footage from that night.

Heart WeHo complied and released the following statement:

“Heart WeHo remains deeply committed to the safety and well-being of our community. We are aware of the incident that occurred on April 5th and have been actively collaborating with the West Hollywood Sheriff’s Department to assist in their investigation since the beginning. We have provided the authorities with unrestricted access to our security footage,” reads the statement by Heart WeHo. “We urge anyone with additional information pertaining to this incident to come forward and assist the West Hollywood Department in their efforts to ensure the safety and security of our neighborhood.”

According to authorities, Heart WeHo was asked not to release the footage to family until authorities were able to investigate the footage first.

Jimenez’s sister points out that Heart WeHo turned over surveillance footage to the West Hollywood Sheriff’s Station on Monday, ten days after the incident occurred.

Doctors discovered a second skull fracture on the other side of Vasquez’s head ten days after he landed in the hospital, according to his family. They also discovered that his lungs had bruising after the fact, which went unnoticed throughout his stay at the hospital.

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However, despite his newly discovered injuries, Albert seems to be on the mend. He was in a coma for one day when he was brought to the hospital but is currently awake and seems to be aware of his surroundings. He starts therapy this week and is expected to be in the hospital for another week and a half. He has not spoken about what happened to him that Friday night, mainly because he’s heavily medicated, and nurses feel it’s too soon to pressure him to relive the trauma.

Jimenez thanks the community for their support and for being relentless in holding investigators accountable and demanding they get answers. She’s also grateful for the public’s generosity to help cover medical expenses.

Anyone with questions or information about this incident is encouraged to contact the Los Angeles County Sheriff’s Department’s West Hollywood Station Detective Lombera at (310).
358-4028.

The link to GoFundMe campaign is here: (Link)

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

Paulo Murillo is Editor in Chief and Publisher of WEHO TIMES. He brings over 20 years of experience as a columnist, reporter, and photo journalist. Murillo began his professional writing career as the author of “Love Ya, Mean It,” an irreverent and sometimes controversial West Hollywood lifestyle column for FAB! newspaper. His work has appeared in numerous print and online publications, which include the “Hot Topic” column in Frontiers magazine, where he covered breaking news and local events in West Hollywood. He can be reached at [email protected]

The preceding article was previously published at WeHo Times and is republished with permission.

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Federal Government

Lambda Legal praises Biden admin’s finalized Title IX regulations

The new policy also reverses some Trump-era Title IX rules governing how schools must respond to sexual harassment & sexual assault

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U.S. Secretary of Education Miguel Cardona (Photo Credit: Office of the U.S. Secretary of Education)

WASHINGTON – The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

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

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

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

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

Rep. Mark Takano (D-Calif.), a Congressional leader on LGBTQ and education issues, also hailed the finalized rule on Title IX from the Biden Administration:  

The Education Department and Biden Administration showed real courage today, delivering on a long-held promise to ensure that the federal government does more to protect all Americans—especially LGBTQ Americans—from discrimination.  

This groundbreaking rule is a major victory, but we still have much to do. We need to enshrine and expand its protections by passing the Equality Act because for too many Americans, their rights and protections depend on the zip code they live in.   

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