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Hyatt hotel near Palm Springs accused of ‘unlawfully’ firing gay chef

Lawsuit says hotel backs supervisor who expressed ‘disgust’ for gays

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Hyatt Regency Indian Wells

Hyatt Regency Indian Wells Resort and Spa. (Photo by Prayitno via Flickr)

A lawsuit that accuses a Hyatt Regency hotel located near Palm Springs, Calif., of supporting a supervisor who allegedly hatched a scheme to fire a gay chef after expressing “disgust and repulsion” for gay people is scheduled to go to trial on Aug. 9.

The lawsuit charges the Hyatt Corporation on behalf of its Hyatt Regency Indian Wells Resort and Spa hotel located in the city of Indian Wells, Calif., near Palm Springs, with wrongful termination and four other employment-related offenses for its decision to fire Dewy Rains, 58, an openly gay chef.

The lawsuit was filed in May 2018 in the Superior Court of the State of California for the County of Riverside.
It says Rains worked at Hyatt hotels at various locations since 1998 and worked as a banquet chef at the Hyatt in Indian Wells since 2007. It says he had an “exemplary” work performance record for 19 years without a single blemish up until November 2017.

It was at that time, the lawsuit charges, that Lawrence Eells, a newly hired executive chef who became Rains’ supervisor, “fabricated” allegations to “unlawfully and pretextually justify his wrongful termination” four months later on March 23, 2018. The lawsuit names Eells as a defendant in addition to the Hyatt Corporation.

“In or around October 2017, and within just mere days of Eells’ start as the Executive Chef at Hyatt Indian Wells, Eells pulled aside [Karine] Moulin (the kitchen manager and pastry chef),” the lawsuit says. “During this conversation, Eells ‘demean[ed] and belittle[ed] other Hyatt employees,” the lawsuit states.

“For no legitimate work-related reason, Eells also demonstrated personal disgust and repulsion for Rains and another gay Hyatt employee in the culinary department, and Eells’ disagreement with their gay ‘lifestyle,’” the lawsuit attributes Moulin as saying in a sworn statement.

The lawsuit also charges the Hyatt Corporation on behalf of Eells and other company officials with engaging in age and disability related discrimination against Rains for not providing reasonable accommodations for his status as a cancer patient and his need to take off from work for medical tests.

The Human Rights Campaign, the nation’s largest LGBT advocacy group, has given the Hyatt Corporation a perfect score of 100 in its 2019 annual Corporate Equality Index, which rates U.S. corporations on their polices for protecting the rights of LGBT employees.

A spokesperson for the Hyatt Corporation didn’t respond to a phone message from the Blade seeking comment on the lawsuit.

In court documents responding to the lawsuit, the Hyatt Corporation denies all of Rains’ allegations of discrimination, saying that Eells and other hotel officials fired Rains for legitimate job performance issues.

Among other things, a Hyatt court brief calling for a dismissal of the lawsuit on summary judgment alleges that Rains was subjected to disciplinary action because he falsified an employee time card to hide the fact that the employee showed up for work late.

“After a few weeks under a new supervisor, Plaintiff was placed on a Performance Improvement Plan [PIP] that identified over twenty areas of deficiency in his performance and did not mention anything about his age, sexual orientation, or years-old cancer diagnosis,” Hyatt’s attorneys state in a motion to dismiss the case.

“Four months later Plaintiff was fired for failing to improve his performance in the areas outlined in the PIP and for altering the schedule of one of his subordinates to conceal the subordinate’s tardiness,” the Hyatt court filing says.

It adds that Rains “never witnessed” Eells or company personnel officials say or do anything to suggest the adverse personnel action was motivated by his age, sexual orientation, or cancer diagnosis.

In his response to the Hyatt motion to dismiss, Rains’ attorney, Kamran Shahabi, argues that Hyatt’s claim that Rains suddenly performed poorly at work after Eells became his supervisor lacks any credibility.

“There is no coincidence that, after zero performance-based issues for nearly 20 years of employment with Hyatt, Rains was given a pretextual performance improvement plan (that was subsequently retracted) – and fired just months after Rains made complaints of discrimination against defendant Lawrence Eells, who was newly hired as Rains’ supervisor in late 2017,” according to court papers filed by Shahabi opposing the motion to dismiss.

Shahabi told the Blade that Rains filed an internal complaint against Eells before a Hyatt employee grievance office accusing Eells of targeting him for discrimination, among other reasons, because he’s gay. The complaint prompted Eells to retaliate against Rains, the lawsuit charges, in another action that the lawsuit says violates state law in employment cases.

In a mixed ruling on July 2, Superior Court Judge Daniel A. Ottolia rejected Hyatt Corporation’s request for a full dismissal of the lawsuit and each of its 11 claims of wrongdoing and instead agreed to dismiss six of the claims.

The judge left standing five claims of action that Shahabi said represent the heart of the case and affirm that the lawsuit presented “substantial evidence” of wrongful termination and other charges sufficient to advance the case to a trial.

The five remaining claims set for trial on Aug. 9 are wrongful termination, retaliation, failure to prevent retaliation, negligent hiring (of Eells), and intentional infliction of emotional distress.

“Frankly, the judge made our case much simpler because all of those facts related to Dewey’s sexual orientation discrimination, age, disability, etc. will come into evidence for these causes of action,” Shahabi told the Blade.

He said there have been no serious discussions of a possible settlement of the case, but Rains would be willing to consider a proposed settlement should the Hyatt Corporation offer such a settlement.

“The ball is in their court,” he said. “We’ve engaged them in discussions and they’ve kind of been not interested. But cases can settle on the doorsteps of the courthouse, so it’s always a possibility.”

This story has been updated and corrected. – KO

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Nigeria

Gay couple beaten, paraded in public in Nigeria

Incident took place in Port Harcourt this week

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(Bigstock photo)

A gay couple was beaten and paraded in public this week because of their sexual orientation.

In a video clip shared by Portharcourt Specials on X, the couple who appeared half naked were being insulted and slapped on the back, with one showing trails of blood on his back. The incident took place in Rumuewhara in Port Harcourt.

Although consensual same-sex sexual relations are criminalized in Nigeria and punishable by death on some states, many Nigerians viewed the attack against the couple as distasteful, arguing rapist or pedophiles don’t face the same treatment.

“This is where you will see Nigerians very active on; on matters that don’t concern them because why is someone’s sexual orientation your problem? We are well deserving of politicians that punish us well,” said Rinu Oduala, a human rights activist.

No Hate Network Nigeria, an LGBTQ rights organization, said the couple’s public victimization was a stark reminder of the rampant homophobia in the country.

“The brutal attack on the gay couple is appalling and unacceptable,” said the organization. “It’s a stark reminder of the rampant homophobia and intolerance in Nigeria.” 

“Such violence is often fueled by discriminatory laws, societal norms, and lack of education, this incident highlights the urgent need for increased advocacy, education, and protection for LGBTQI+ individuals,” added No Hate Network Nigeria.

No Hate Network Nigeria also highlighted the plight of LGBTQ people in the country who are constantly under attack due to current laws and cultural and religious norms.

“The LGBTQI+ community in Nigeria faces extreme risks, including violence, harassment, and persecution, the Same-Sex Marriage (Prohibition) Act of 2014 exacerbates these challenges, effectively criminalizing LGBTQI+ individuals,” said No Hate Network Nigeria. “Many live in fear, hiding their identities to avoid persecution, the community requires enhanced support, safe spaces, and robust advocacy to ensure their basic human rights.”

For many LGBTQ people in the country, remaining in the closet is the only way they can preserve their life. They often flee Nigeria if they decide to come out.

There is currently no appetite from any lawmakers to amend or repeal parts of Section 21 of the Criminal Code Act (Penal Code) that are used to arrest, charge, and prosecute those who identify as LGBTQ.

In northern states where Sharia law is practiced, one who is found to identify as LGBTQ or is an advocate may face death by stoning.

Although not widely practiced, death by stoning is the preferred punishment in many of the northern states if a Sharia court finds someone guilty of engaging in consensual same-sex sexual relations. A number of local and international human rights organizations in recent years have condemned this punishment. It is, however, still enforced in some of these states.

No Hate Network Nigeria said amending parts of the Criminal Code Act and repealing the Same Sex (Prohibition) Act might give relief to LGBTQ people in the country.

“Repealing or amending discriminatory laws, like the Same-Sex Marriage (Prohibition) Act, implementing education and awareness campaigns to combat homophobia, establishing safe spaces, and support networks for LGBTQI+ individuals and strengthening law officials’ response to hate crimes as well as holding perpetrators accountable, will aid in averting and combating attacks on LGBTQI+ individuals,” said No Hate Network Nigeria.

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Congress

Baldwin attacked over LGBTQ rights support as race narrows

Wis. Democrat facing off against Republican Eric Hovde

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U.S. Sen. Tammy Baldwin (D-Wis.) (Washington Blade photo by Michael Key)

As her race against Republican challenger Eric Hovde tightens, with Cook Political Report projecting a toss-up in November, U.S. Sen. Tammy Baldwin (D-Wis.) is fielding attacks over her support for LGBTQ rights.

Two recent ads run by the Senate Leadership Fund, a superPAC that works to elect Republicans to the chamber, take aim at her support for gender affirming care and an LGBTQ center in Wisconsin. Baldwin was the first openly LGBTQ candidate elected to the Senate.

The first ad concerns her statement of support for Wisconsin Gov. Tony Evers’s veto of a Republican-led bill to ban medically necessary healthcare interventions for transgender youth in the state.

Treatments require parental consent for patients younger than 18, and genital surgeries are not performed on minors in Wisconsin.

The second ad concerns funding that Baldwin had earmarked for Briarpatch Youth Services, an organization that provides crucial services for at-risk and homeless young people, with some programming for LGBTQ youth.

Baldwin’s victory is seen as key for Democrats to retain control of the Senate, a tall order that would require them to defend a handful of vulnerable incumbents. U.S. Sen. Joe Manchin of West Virginia, an Independent who usually votes with the Democrats, is retiring after this term and his replacement is expected to be the state’s Republican Gov. Jim Justice.

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Israel

Murdered Israeli hostage’s cousin describes family’s pain

Carmel Gat killed in the Gaza Strip in late August

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A poster with Carmel Gat's face on it inside a replica of a tunnel in the Gaza Strip that was built in Hostage Square in Tel Aviv, Israel. Hamas militants on Oct. 7, 2023, kidnapped Gat from Be'eri, a kibbutz near the Gaza border. They killed her and five other hostages in late August. (Washington Blade photo by Michael K. Lavers)

TEL AVIV, Israel — Carmel Gat on Oct. 6, 2023, traveled to Be’eri, a kibbutz near the border of Israel and the Gaza Strip where she grew up, to celebrate the Jewish holiday of Simchat Torah with her parents, brothers, and extended family.

Gat and her brother, Alon Gat, planned to go for a run at around 6:30 a.m. the next morning.

“At 6:29, the bombing and the alarms started and the whole family went into the safe room,” her cousin, Shay Dickmann, told the Washington Blade on Monday. “We have this last picture of Carmel with her running clothes on, in which she was later kidnapped, reading a book to Geffen (her young niece.)”

“It is just typically Carmel in this moment of distress when there are rockets around, the rumors start running that there are terrorists inside the kibbutz, she just had the inner power and stability to take care of others and help her niece, her 3 and 1/2 year old niece, try and calm her down,” said Dickmann.

Dickmann said Gat’s mother, Kinneret Gat, left the safe room at about 10:30 a.m. to get some food and water. Her father, Eshel Gat, went to the bathroom.

Dickmann said Kinneret Gat saw Hamas militants from her kitchen window.

“The last thing she managed to do was to warn her husband, Eshel, from the terrorists and shush him with her finger on her lips and she signaled him to go back to the toilet and hide himself,” recalled Dickmann. “She didn’t know at that point she saved his life.” 

Dickmann said the bathroom in which Eshel Gat was hiding was the one room in the house the militants did not search.

“He was safe, but from the window of the toilet he saw his family taken one-by-one by the terrorists,” Dickmann told the Blade.

She said the last time Eshel Gat saw his wife she was bending down in the kitchen, “and she was the first to be taken by the terrorists.”

“They came into the kitchen, and they took her,” she said. “They tied her hands and walked her through her own kibbutz barefoot with a bunch of people from Kibbutz Be’eri.”

The militants then put Carmel Gat in a car with two teenagers who were brother and sister.

“The car was moving, driving through the point where Carmel saw her mother lying down on the sidewalk, her head shot and she realized that she saw her mother dead and this is the last thing that Carmel saw when she was taken hostage into Gaza, her beloved one dead,” said Dickmann.

She said her cousin did not know what happened to the rest of her family: Her father, her two brothers, her sister-in-law, Yarden Roman-Gat, and her niece Geffen. Her younger brother, Or Gat, had already left the kibbutz.

The Blade has previously reported the militants placed Roman-Gat, Alon Gat, and their daughter into a car.

Roman-Gat and Alon Gat jumped out of it with their daughter as it approached Gaza. Roman-Gat handed her daughter to her husband because he was able to run faster.

Alon Gat hid with his daughter for 18 hours before they reached Israel Defense Forces soldiers at Be’eri. He told Gili Roman, his brother-in-law who lives in Tel Aviv and is a member of the Nemos LGBTQ+ Swimming Club, he last saw his wife, Roman’s sister, hiding behind a tree to protect herself from the militants who were shooting at her.

“My brother saw a video on Telegram of Kinneret lying down on the sidewalk with a pool of blood next to her head, said Dickmann, recounting how she and her family learned the militants had murdered Kinneret Gat.

“We started looking for Carmel and for Yarden and for 50 days we didn’t know anything about them,” added Dickmann. “Just imagine we were worried sick and not even knowing if their body might be found here or were they kidnapped alive.”

Hamas on the second day of a week-long ceasefire in November released the two teenagers who had been kidnapped alongside Carmel Gat.

“It was amazing to see how 13 children and women are coming back to us and their families, and they were among them,” said Dickmann. “Unfortunately they discovered that their mother was murdered and at the time they were informed that their father was kidnapped. Today we know that their father was murdered as well. They are orphans.”

The teenagers confirmed that Carmel Gat was alive.

“Carmel was with them since the moment that they were put into the car taking them into Gaza and until the moment they were released and they say she was their guardian angel,” Dickmann told the Blade. “She was just keeping them sane in captivity, supporting them. She was handling a diary, writing down songs and sentences to bring their spirits up and she was practicing yoga with them in captivity.” 

“This was the most amazing thing that we learned, just having that inner power in this situation. We know that they were starved. We know that they experienced violence there, that they were held in an apartment, in a baby’s room, having to lay on the floor, given one pita bread a day they had to share, and being held against their will, far from their families, not knowing if they are alive or not, but she had the powers to give to others and knowing that Carmel is there, being Carmel, choosing to live, it gave so much hope, and to this hope we were holding on, day-by-day, in the hope that the next day she would be on the list of people realized.”

Hamas on Nov. 29, 2023, released Roman-Gat, along with 11 other Israelis and four Thai nationals. She reunited with her family a short-time later at an Israeli hospital.

“On the fourth day Yarden came back,” said Dickmann. “I can’t even describe the feeling.”

From left: Gili Roman celebrates Hanukkah with his niece, Geffen, and his sister, Yarden Roman-Gat, after Hamas released her from captivity in the Gaza Strip. (Photo courtesy of Gili Roman)

Hamas was supposed to release Carmel Gat on the eighth day of the ceasefire, but it only lasted seven days.

“Carmel was supposed to be freed on the eighth (day), and she wasn’t, and she was left behind,” Dickmann said. “For us it was devastating, but we also knew that Carmel is holding on to hope, and we were holding on to her hope and we did it in her way.” 

Carmel Gat’s family every Friday practiced yoga, “inspired by her, and giving power to others.” They invited other hostage families to speak about a loved one who was in Gaza.

“We did it for weeks, week after week, 40 weeks, that we spoke about the hope, that we were holding the hope, that she was surviving there, waiting for this moment, for the deal that will free her,” said Dickmann.

The Israeli government on Sept. 1 announced Hamas had killed Carmel Gat and five other hostages — Hersh Goldberg-Polin, Ori Danino, Alexander Lobanov, Almog Sarusi, and Eden Yerushalmi — in a tunnel beneath Rafah, a city in southern Gaza that borders Egypt. The hostages “were shot at close range” by militants on Aug. 29 or Aug. 30 before the IDF could rescue them. 

“Carmel survived for 328 days,” Dickmann told the Blade. “She survived, until the day that she was brutally executed by her captors. She survived everything. She survived the tunnels.” 

Carmel Gat in a Hamas video. Militants killed her and five other hostages in the Gaza Strip in late August. (Screenshot)

Dickmann said she and her family received a video that showed where the militants killed Carmel Gat and the five other hostages.

“The conditions were horrible,” said Dickmann. “They were 20 meters underground, suffocating, moist. It was moldy. They had very little food. The six bodies were found thin and starved.” 

The video also showed bottles filled with urine and blood alongside the tunnels. Dickmann said the bodies also showed signs they had been tied up.

“She survived it all, but she couldn’t survive the bullet in her head, and her life was finished in a tunnel, shot, 328 days from her mother’s same destiny, but Carmel we could save, for 328 days we could save her,” said Dickmann. “We could have made a deal that could have brought her back home alive.”

Dickmann also told the Blade she “could also imagine” her cousin, who was an occupational therapist, helping Goldberg-Polin, who lost part of his arm when militants attacked him after he fled the Nova Music Festival in Re’im, another kibbutz that is near Gaza. She was also “imaging her having conversations” with Lobanov about what to name his second son to whom his wife had given birth while he was in Gaza.

“She believed in the possibility to live here with our neighbors,” said Dickmann, who added her cousin and Kinneret Gat were also studying Arabic. 

“There are so many people still alive there surviving, waiting for us to make the deal that will save them,” she said. “There are so many families who can still get this hug, the hug that I was waiting for and I’ll never get.”

Hamas, Hezbollah, Houthis launch rockets, missiles towards Israel on Oct. 7 anniversary

The Blade spoke with Dickmann hours after she and her family attended the Bereaved Families Memorial Ceremony in Tel Aviv’s Yarkon Park that marked a year since Oct. 7.

Organizers had originally allocated 40,000 free tickets for the event, but only 2,000 family members and reporters attended because the IDF Home Front Command had limited the number of people who could attend large gatherings because of increased threats of rockets and missiles from Hamas and Hezbollah, a Lebanon-based militant group.

A ballistic missile that Houthi rebels in Yemen launched towards Israel prompted sirens to go off in Tel Aviv and surrounding areas, but the country’s air defense system intercepted, less than hour before the event began.

Hezbollah a few hours later launched five ballistic missiles from Lebanon towards an IDF base north of Tel Aviv. The Iron Dome air defense system intercepted them. It also intercepted four of the five rockets that Hamas launched towards Tel Aviv — shrapnel from one of them that struck the ground slightly injured two women.

Or Gat is among those who spoke at the Bereaved Families Memorial Ceremony. 

Many of the hostage families refused to attend a government-organized memorial that Israeli televisions broadcast later on Monday.

Two men in Hostage Square in Tel Aviv, Israel, embrace while watching the Bereaved Families Memorial Service on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

Cousin was a ‘person of peace’

Dickmann told the Blade that while she was at the memorial she was “very concentrated on the struggle to bring back the hostages on time, understanding that it’s both critical in the manner that is life or death matter and it is also urgent, understanding that our people are held by their captors who at any time aim a gun at their heads.”

“They must be returned before they’re executed so, I was very concentrated on that,” she said. 

Dickmann also said the memorial — and marking the first anniversary of Oct. 7 — made her “understand there are thousands of families affected by Oct. 7.”

“On this day, so many youngsters were burned alive in their cars trying to run away from the Nova festival,” she said. “In the safe rooms there were so many couples of parents hiding their children in closets and underneath beds and shushing them in order to allow them to survive the attack on their houses and today I just realize there are … so many orphans left and so many stories of people who left everything behind, who left their whole families behind to come and try to save lives on this day of the attack. Some of them managed and rescued my uncle and some of them managed to save lives and lost their own.”

She also noted 101 hostages remain in Gaza.

“This is the most important thing and most urgent thing; to get back all of them to their houses and their families,” said Dickmann. “They deserve to be set free, and this is what I’m fighting for.”

She ended the interview by describing her cousin as a “person of peace.”

“We lost so much, on both sides of the border,” said Dickmann. “I’d really like this war to end; everybody to come back to their homes; the Palestinians to their homes with no one else getting hurt; residents of northern Israel going back to their houses and being safe and secure, residents of the South being able to go back to their houses and most of all the people being held hostage to come back, to safety, to their house, to their families and not ever being having to be worried about whether they will be separated from their parents or children or brothers and lives again.”

“I really hope that soon, as soon as possible, we will be able to reach a deal that will bring everybody home and bring peace upon us and we will be able to live alongside each other in peace,” she added.

From left: Shay Dickmann with her cousin, Carmel Gat, at the wedding of Alon Gat and Yarden Roman-Gat. Hamas militants on Oct. 7, 2023, kidnapped Gat and Roman-Gat from Be’eri, Israel. They released Roman-Gat in late November 2023. The militants killed Carmel Gat in late August. (Photo courtesy of Shay Dickmann)

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Politics

Harris talks marriage equality, LGBTQ rights with Howard Stern

Warns Trump could fill two more seats on Supreme Court if he wins

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Vice President Kamala Harris on "The Howard Stern Show" (Screen capture via The Howard Stern Show/YouTube)

During an interview on “The Howard Stern Show” Tuesday, Vice President Kamala Harris discussed her early support for same-sex marriage and warned of the threats to LGBTQ rights that are likely to come if she loses to Donald Trump in November.

Conservative U.S. Supreme Court Justice Clarence Thomas was explicit, she said, in calling for the court to revisit precedent-setting decisions including those that established the nationwide constitutional right to same-sex marriage.

“I actually was proud to perform some of the first same-sex marriages as an elected official in 2004,” Harris said, a time when Americans opposed marriage equality by a margin of 60 to 31 percent, according to a Pew survey.

“A lot of people have evolved since then,” the vice president said, “but here’s how I think about it: We actually had laws that were treating people based on their sexual orientation differently.”

She continued, “So, if you’re a gay couple, you can’t get married. We were basically saying that you are a second-class citizen under the law, not entitled to the same rights as a [straight] couple.”

During his presidency, Trump appointed three conservative justices to the Supreme Court who, in short order, voted to overturn the abortion protections that were in place since Roe v. Wade was decided in 1973.

“The court that Donald Trump created,” Harris said, is “now talking about what else could be at risk — and understand, if Donald Trump were to get another term, most of the legal scholars think that there’s going to be maybe even two more seats” that he could fill.

“That means, think about it, not for the next four years [but] for the next 40 years, for the next four generations of your family,” Americans would live under the rule of a conservative supermajority “that is about restricting your rights versus expanding your rights,” she said.

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News

Trump, GOP candidates spend $65 million on anti-trans ads

The strategy was unsuccessful for the GOP in key 2022, 2023 races

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Donald Trump at the 2024 Republican National Convention (Washington Blade photo by Michael Key)

With just four weeks until Election Day, Donald Trump and Republican candidates in key down-ballot races have spent more than $65 million on anti-trans television ads since the start of August, The New York Times reported on Tuesday.

The move signals that Republicans believe attacking the vice president and other Democratic candidates over their support for trans rights will be an effective strategy along with exploiting their opponents’ perceived weaknesses on issues of immigration and inflation.

However, as Human Rights Campaign President Kelley Robinson told the Times, conservatives had tried using the transgender community as a cudgel to attack Democrats during the 2022 midterms and in the off-year elections in 2023. In most cases, they were unsuccessful.

The GOP’s decision to, nevertheless, revive anti-trans messaging in this election cycle “shows that Republicans are desperate right now,” she said. “Instead of articulating how they’re going to make the economy better or our schools safer, they’re focused on sowing fear and chaos.”

The Times said most Republican ads focus on issues where they believe their opponents are out of step with the views held by most Americans — for example, on access to taxpayer funded transition-related healthcare interventions for minors and incarcerated people.

At the same time, there is hardly a clear distinction between ads focusing on divisive policy disagreements and those designed to foment and exploit rank anti-trans bigotry.

For example, the Trump campaign’s most-aired ad about Harris in recent weeks targets her support for providing gender affirming care to inmates (per an interview in 2019, when she was attorney general of California, and a questionnaire from the ACLU that she completed in 2020 when running for president).

The ad “plays on anti-trans prejudices, inviting viewers to recoil from images of Ms. Harris alongside those of people who plainly do not conform to traditional gender norms, to try to portray Ms. Harris herself as out of the ordinary,” the Times wrote in an article last month analyzing the 30-second spot, which had run on television stations in Arizona, Georgia, North Carolina and Wisconsin.

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Israel

Sounds of war

Life in Tel Aviv goes on despite escalating conflict

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Hilton Beach in Tel Aviv, Israel, on Oct. 5, 2024. (Washington Blade photo by Michael K. Lavers)

TEL AVIV, Israel — I was sound asleep at 11 p.m. (4 p.m. ET) on Monday when Tzofar, an app that notifies users of incoming rockets, started to go off. The blaring alarm woke me up. It indicated a “red alert” for “incoming (missiles and rocket fire.)”

I sat up in bed, opened the app to see whether I was under “red alert.” I was just south of it, so I did not need to seek refuge in the stairwell, which is the building’s designated safe room. Less than a minute later I heard a series of loud booms that shook the building.

Hezbollah launched five ballistic missiles from Lebanon towards an Israel Defense Forces base north of Tel Aviv. The explosions that I heard were Israel’s Iron Dome air defense system intercepting them.

The whole situation was over in less than two minutes — it was the third “red alert” for “incoming (missiles and rocket fire)” that I received on my phone on Monday, which was a year since Hamas launched its surprise attack against southern Israel.

‘Red alerts’ for ballistic missiles that Hezbollah launched from Lebanon on Oct. 7, 2024. The missiles targeted an Israel Defense Forces base north of Tel Aviv. (Washington Blade screenshot by Michael K. Lavers)

Hamas at around 11 a.m. (4 a.m. ET) launched five rockets that triggered alerts in southern Tel Aviv. Iron Dome intercepted four of them. Shrapnel from the rocket that hit the ground left two women slightly injured. I heard the interceptions in the distance. I walked onto my balcony a couple of minutes later, and saw a man hugging a young woman who was standing on her balcony across the street. She was clearly upset.

I walked to a nearby coffee shop about half an hour later, and ordered an iced coffee. I walked back to my building and started working again. I called my mother a short time later to let her know that everything was fine. I also sent several text messages to my husband and other loved ones and friends that reiterated that point.

‘Red alerts’ for incoming rockets that Hamas launched towards Tel Aviv, Israel, on Oct. 7, 2024. (Washington Blade screenshot by Michael K. Lavers)

The Houthis in Yemen launched a ballistic missile towards Israel shortly after 5:30 p.m. (10:30 a.m. ET) that the IDF intercepted. I was in Hostage Square outside the Tel Aviv Museum of Art when I heard warning messages on people’s phones. I looked at the Tzofar app, and saw Hostage Square was outside of the “red alert” area. I then logged onto two Israeli media outlets’ — the Times of Israel and Haaretz — websites that I have bookmarked on my phone and read the IDF had intercepted the Houthi missile.

More than a thousand people were gathered in Hostage Square less than 90 minutes later, watching an Oct. 7 memorial concert on a large screen that had been set up. The IDF Home Front Command has limited the number of people who can gather in one place in Tel Aviv because of the continued threats of rocket and missile attacks from Gaza and Lebanon.

This limit is 2,000.

Two men in Hostage Square in Tel Aviv, Israel, embrace while watching a memorial service to the victims of Oct. 7 on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

The sounds of war have been a constant backdrop of this trip.

I begin every day with a swim in the Mediterranean Sea at Hilton Beach, which is Tel Aviv’s gay beach. These swims help me stay somewhat sane while I am here in Israel. 

Israeli fighter jets and helicopters with missiles strapped to them regularly fly north along the coast towards Lebanon. Drones can also be heard. This scene plays out against the context of people swimming, kayaking, and paddleboarding in the water, and others walking and jogging on the nearby beach promenade.

A lifeguard station at Hilton Beach in Tel Aviv, Israel, honors the hostages that Hamas captured on Oct. 7, 2024. (Washington Blade photo by Michael K. Lavers)

The Nova Music Festival site where Hamas militants killed 360 people and took 40 others hostage on Oct. 7 is located outside of Re’im, a kibbutz that is roughly two miles from the Gaza Strip. It is about an hour and 20 minutes south of Tel Aviv.

I visited the site on Oct. 5.

Large IDF Home Front Command banners warn visitors they had 15 seconds to reach makeshift shelters — large concrete barriers placed together — in case of incoming rockets. 

“If you receive an alert, lie on the ground and protect your head with your hands for 10 minutes,” the banner reads.

A makeshift shelter at the Nova Music Festival site in Re’im, Israel, on Oct. 5, 2024. (Washington Blade photo by Michael K. Lavers)

There were no alerts while I was at Nova. I did, however, hear several Israeli airstrikes in Gaza.

I stopped at a roadside restaurant in Yad Mordechai, a kibbutz that is roughly three miles north of the Erez crossing between Israel and Gaza, after I left Nova. I had a sandwich for lunch and ordered an ice coffee for the drive back to Tel Aviv. I was walking to my car and I heard two distant Israeli airstrikes in Gaza. The second one shook the ground beneath my feet.

I was back in Tel Aviv less than an hour later. It was the last day of Rosh Hashanah, and Shabbat. Hilton Beach, where I had taken my morning swim earlier in the day, was packed.

Life, at least for Israelis who live in Tel Aviv, goes on amid the sounds of war.

(washington blade video by michael k. lavers)

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Israel

Hundreds attend gay IDF soldier’s memorial service

Survivor benefits law changed after Sagi Golan’s death on Oct. 7

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Omer Ohana looks a pictures of his fiancé, Sagi Golan, a gay Israel Defense Forces major who died fighting Hamas militants in Be'eri, Israel, on Oct. 7, 2023, A memorial service for Golan took place in Herzliya, Israel, on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

Editor’s note: International News Editor Michael K. Lavers will be on assignment in Israel through Oct. 14.

HERZLIYA, Israel — Hundreds of people on Tuesday attended a memorial service for a gay Israel Defense Force major who was killed while fighting Hamas militants in southern Israel on Oct. 7, 2023.

Sagi Golan, 30, was at home in the Tel Aviv suburb of Herzliya with his fiancé, Omer Ohana, when the militant group launched its surprise attack against from the Gaza Strip.

Ohana told the Washington Blade during an interview after the memorial service that Golan woke him up at around 6:30 a.m. after rocket sirens began to sound.

“We ran to the shelter in our house,” he said. “After that we just opened the news and the headline was ‘Hamas terrorist attack in Israel.'”

Ohana said people in the Israeli communities around Gaza were “begging for help.” Golan started to pack his IDF uniforms, and Ohana made him coffee.

“10 minutes later we were already at the doorstep kissing goodbye,” Ohana recalled. “That was the last time I saw him.” 

“I told him not to be a hero,” he said. “He gave me a kiss, he told me we’re getting married in a week, don’t be silly.”

Golan deployed to Be’eri, a kibbutz that is near the border between Israel and Gaza.

He sent Ohana a heart emoji message to him via WhatsApp every hour “just to reassure he’s there.” Golan sent his last message to his fiancé and “to anyone” at 12:18 a.m. on Oct. 8, 2023.

Ohana told the Blade the next three days were “unbearable suffering, searching for Sagi under every rock in Israel, at every hospital emergency room, at every ‘hamal’ (IDF war room.)”

“We went everywhere, we did everything we could to find him,” said Ohana.

An IDF officer three days later “knocked on our door” to notify Sagi’s family that he had been killed. The officer did not speak with Ohana because the IDF did not recognize him as Sagi’s partner.

(The couple had planned to marry — virtually — in Utah on Oct. 14. Israel recognizes same-sex marriages that are legally performed abroad. The couple’s marriage celebration was to have taken place on Oct. 20.)

“I asked for something, and they said I had to request his parents,” Ohana told the Times of Israel. “It made me so angry. I was the one who loved him. But I’m not taken into account. And he wasn’t taken into account.”

The Israeli government says Hamas militants killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival near Re’im, a kibbutz that is a few miles southwest of Be’eri. The Israeli government says the militants also kidnapped more than 200 people on Oct. 7.

A makeshift memorial at the Nova Music Festival site in Re’im, Israel, on Oct. 5, 2024. (Washington Blade photo by Michael K. Lavers)

The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 41,000 people in the enclave since Oct. 7.

The International Criminal Court in May announced it plans to issue arrest warrants for Israeli Prime Minister Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders — Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh. 

Karim Khan, the ICC’s chief prosecutor, said the five men have committed war crimes and crimes against humanity in Gaza and Israel. (A suspected Israeli airstrike on July 31 killed Haniyah while he was in the Iranian capital of Tehran to attend Iranian President Masoud Pezeshkian’s inauguration.)

Hamas, which the U.S. and Israel have designated a terrorist organization, claimed responsibility for an Oct. 1 attack at a Tel Aviv light rail station that left seven people dead and more than a dozen others injured. A Bedouin man on Sunday killed an Israel Border Police officer and injured 10 others when he attacked a bus station in Beersheva in southern Israel.

Reuters on Friday reported the Lebanese Health Ministry said Israeli airstrikes in Beirut and elsewhere in the country over the last two weeks have killed more than 2,000 people. 

Iran on Oct. 1 launched upwards of 200 ballistic missiles at Israel in response to an Israeli airstrike in the Lebanese capital a few days earlier killed Hassan Nasrallah, the long-time leader of Hezbollah, an Iran-backed militant group. 

Hamas and Hezbollah on Monday launched fired rockets that triggered sirens in Tel Aviv and surrounding areas. The Houthi rebels in Yemen on Oct. 7 also launched missiles and drones that prompted additional warnings in central Israel. 

Israel’s air defense system intercepted almost all of the rockets. 

This reporter heard two of the interceptions — the first at around 11 a.m. Israel time (4 a.m. ET) and the second at around 11 p.m. Israel time (4 p.m. ET). The second interception shook the building in which this reporter has been staying.

Ohana was building a bench for children in a garden that Golan planted in Bat Yam, a city that is just south of Tel Aviv, when the first sirens went off.

(washington blade video by michael k. lavers)

‘If we are equal in death, we should be equal in life too’

Ohana, with the support of the Aguda, the Association for LGBTQ Equality in Israel, and other Israeli advocacy groups began to lobby the Knesset to amend the country’s Bereaved Families Law to recognize LGBTQ widows and widowers of fallen servicemembers. Lawmakers last November approved the changes.

“Sagi became a symbol for the LGBTQ+ community in Israel,” Ohana told the Blade. “With Sagi as a symbol, we were able to pass the amendment in the Israeli Knesset.” 

“It wasn’t me,” he added. “I couldn’t have done it if Sagi wasn’t becoming a symbol. Having a gay hero in Israel is something new, something new for the community here.”

Aguda Chair Yael Sinai Biblash was among those who attended Golan’s memorial service.

She described the campaign to change the Bereaved Families Law as “a big effort, and a big success.” 

“I hope that people understand that if we are equal in death we should be equal in life too,” said Sinai.

Gay Israeli pop star performs at Golan’s funeral

Golan had written his wedding vows on his phone.

Ohana told the Blade that his fiancé at 11:44 p.m. on Oct. 7 opened the memo on which they were written, and read them. Golan was shot less than 90 minutes later.

“I imagine Sagi having a notification that the event is about to be completed, because it was 10 until midnight for a whole day at the seventh of October, and just having a moment with himself, remembering love, having a good thought right before he died.” he said. “Knowing Sagi thought those happy thoughts just an hour before he died, saving Israeli citizens from this terror attack is filling me with pride in Sagi. That’s why he became a symbol. That’s why he’s a gay symbol.

Ivri Lider, a gay Israeli pop star, was to have performed at the couple’s wedding celebration. He instead performed at Golan’s funeral.

“[Sagi] was very special,” said Ohana. “He was very special to all of us.”

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AIDS and HIV

40th anniversary AIDS Walk happening this weekend in West Hollywood

AIDS Project Los Angeles Health will gather in West Hollywood Park to kick off 40th anniversary celebration

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35th Annual AIDS Walk Los Angeles. Grand Park Downtown Los Angeles (Photo Courtesy Brian Lowe)

APLA Health will celebrate its 40th anniversary this Sunday at West Hollywood Park, by kicking off the world’s first and oldest AIDS walk with a special appearance by Salina Estitties, live entertainment, and speeches.

APLA Health, which was formerly known as AIDS Project Los Angeles, serves the underserved LGBTQ+ communities of Los Angeles by providing them with resources. 

“We are steadfast in our efforts to end the HIV epidemic in our lifetime. Through the use of tools like PrEP and PEP, the science of ‘undetectable equals intransmissible,’ and our working to ensure broad access to LGTBQ+ empowering healthcare, we can make a real step forward in the fight to end this disease,” said APLA Health’s chief executive officer, Craig E. Thompson. 

For 40 years, APLA Health has spearheaded programs, facilitated healthcare check-ups and provided other essential services to nearly 20,000 members of the LGBTQ+ community annually in Los Angeles, regardless of their ability to pay. 

APLA Health provides LGBTQ+ primary care, dental care, behavioral healthcare, HIV specialty care, and other support services for housing and nutritional needs.

The AIDS Walk will begin at 10AM and registrations are open for teams and solo walkers. More information can be found on the APLA Health’s website.  

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California

California forbids bans on LGBTQ+ books with new law

Book titles containing subject matter on LGBTQ+ and communities of color made up 47 percent of reported targeted censorship attempts between 2022 and 2023. 

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(Image created by Gisselle Palomera, using stock images — courtesy of Canva)

The California Freedom to Read Act will now require public libraries to adopt a written and publicly available policy to forbid a governing body from banning the circulation of materials because of the content in those materials. 

The chaptered bill forbids public libraries that receive their funding from the state, from banning books or other materials on account of the topics, ideas, views or opinions in them. The public libraries can no longer ban books in a way that discriminates against race, disability, political affiliation, socioeconomic status, gender identity or sexual orientation. 

The bill will also now require state-funded public libraries across all cities – including charter cities – to develop and publicly implement a collection development policy, which now includes how the public can challenge library materials. 

The bill was authored by Assembly member Al Muratsuchi and co-authored by Assembly member’s Dawn Addis, and Chris Ward, as well as State Senators Dave Min and Susan Talamantes Eggman.  

“Unfortunately, there is a growing movement to ban books nationwide, and this bill will ensure that Californians have access to books that offer diverse perspectives,” said Assembly member Muratsuchi. “Those diverse perspectives include books containing the voices and lived experiences of LGBTQ and communities of color.”

According to the American Library Association, the number of reports challenging the circulation of books rose to 65 percent from 2022 to 2023, reaching the highest level recorded by the ALA. 

Book titles containing subject matter on LGBTQ+ and communities of color made up 47 percent of reported targeted censorship attempts. 

“Learning and engaging with diverse ideas is foundational to any healthy democracy,” said the ACLU California Action’s legislative advocate, Cynthia Valencia. “The recent call by some to limit access to books does more than suppress the subject matter – it also disregards the lived experiences and identities of authors and readers.” 

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National

Supreme Court begins fall term with major gender affirming care case on the docket

Justices rule against Biden admin over emergency abortion question

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.

First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.

The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.

The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.

The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.

Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.

The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”

The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.

The organization notes that “leading medical experts and organizations — such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics — oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”

When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.

The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.

Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.

The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”

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