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ICE releases two gay Cuban men with HIV

Immigration Equality and Lambda Legal called for asylum seekers’ release

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Immigration Equality and Lambda Legal say U.S. Immigration and Customs Enforcement on Thursday released from their custody two gay Cuban men with HIV.

The men — who Immigration Equality and Lambda Legal identified as Ramón and Iván — asked for asylum in the U.S. because they suffered persecution in Cuba “because of their political activism and sexual orientation.” The two men had been in ICE custody since last October.

Immigration Equality and Lambda Legal on Monday requested ICE release them from the privately-run IAH Secure Detention Facility in Livingston, Texas. The groups, along with Vinson and Elkins LLP, a Houston-based law firm, in their letter to ICE wrote the coronavirus pandemic put the two men at increased risk.

“We are relieved that Iván and Ramón don’t have to spend one more day in the dangerous conditions of ICE detention, terrified of contracting COVID-19,” said Immigration Equality Legal Director Bridget Crawford in a press release their organization and Lambda Legal released on Friday.

“We are happy they are now safe and free, but lament the fact they were not released months ago,” added Crawford. “ICE has a moral obligation to free other asylum seekers like Iván and Ramón. They can and should release every single one of them today.”  

Yariel Valdés González, a Los Angeles Blade contributor from Cuba, spent nearly a year in ICE custody in the Deep South before his release from the River Correctional Center, a privately-run detention center in Ferriday, La., on March 4. Immigration Equality, Lambda Legal and other advocacy groups have demanded ICE release people with HIV and other detainees who are at increased risk for the coronavirus.

ICE on its website says there are 522 detainees with confirmed coronavirus cases. ICE also says it has tested 1,073 detainees for the virus.

A federal judge in California late last month ordered ICE “to identify and track all ICE detainees with risk factors” and consider whether they should be released.

ICE earlier this week told the Blade it has released “nearly 700” detainees “after evaluating their immigration history, criminal record, potential threat to public safety, flight risk and national security concerns.”

ICE’s website notes there were 29,675 people in their custody on April 25. ICE told the Blade the number of detainees in its facilities has dropped by more than 4,000 since March 1.

The Trump administration during a March 20 press conference announced the closure of the U.S.-Mexico and U.S.-Canada borders as part of its response to the pandemic. Acting Secretary of Homeland Security Chad Wolf also said undocumented immigrants will no longer be allowed into the U.S.

President Trump on April 22 issued an executive order that effectively stops immigration into the U.S. for 60 days. Activists and their supporters sharply criticized this directive, in part, because border closures and the suspension of international travel had already brought immigration to a halt.

“We are thrilled that Iván and Ramón can pursue their asylum claims without the fear of unnecessary and inevitable exposure to the coronavirus in ICE detention facilities,” said Lambda Legal Staff Attorney Puneet Cheema in Friday’s press release. “There are too many people who continue to be detained in detention centers, prisons and jails, who are not being given sufficient means and ability to protect themselves. These facilities have a responsibility to release as many people as they can, and keep those in their custody safe.” 

ICE on Monday defended its response to the pandemic.

“In March, ICE’s Enforcement and Removal Operations (ERO) convened a working group between medical professionals, disease control specialists, detention experts and field operators to identify additional enhanced steps to minimize the spread of the virus,” ICE told the Blade. “ICE has since evaluated its detained population based upon the CDC’s guidance for people who might be at higher risk for severe illness as a result of COVID-19 to determine whether continued detention was appropriate.”

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Kansas

Anti-LGBTQ Kansas lawmaker who assaulted student given probation

In the classroom incident last Spring students recorded videos of the lawmaker talking about suicide, sex, masturbation, God and the Bible

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Kansas State House Representative Mark Samsel (R- House District 5/Wellsville) (Photo Credit: Kansas House)

OTTAWA, Ks. – Fourth Judicial Circuit Magistrate Judge Kevin Kimball sentenced Kansas House Representative Mark Samsel, (R- House District 5/Wellsville) to 90 days in jail (suspended) and probation for a year on Monday. Samsel was convicted of assaulting a male student after a physical altercation while he was substitute teaching at the Wellsville High School last April.

Samsel originally faced three misdemeanor battery charges following his arrest in April that involved two male victims, both approximately 16 years old.

The Kansas City reported that during a short hearing conducted over Zoom, Kimball in his ruling ordered that Samsel must apologize to his teenage victims. Samsel is also prohibited from using Twitter, Facebook, Instagram and other social media platforms for personal use. An exception is included to allow social media for political and legislative purposes.

In the classroom incident last Spring that sparked four months of court proceedings according to the Kansas City Star, high school students began recording videos of the lawmaker talking about suicide, sex, masturbation, God and the Bible.

In one video shared with The Star, Samsel tells students about “a sophomore who’s tried killing himself three times,” adding that it was because “he has two parents and they’re both females.”

“He’s a foster kid. His alternatives in life were having no parents or foster care parents who are gay,” Samsel said.

The student videos additionally showed the lawmaker verbally targeting one student and encouraging other students to bully him.

The Star also reported: At one point, Samsel tells the student, “You’re about ready to anger me and get the wrath of God. Do you believe me when I tell you that God has been speaking to me?” He then pushes him, and the student runs to the other side of the classroom.

“You should run and scream.” In another video, he tells students, “Class, you have permission to kick him in the balls.”

Parents told The Star that Samsel “put hands on the student” and allegedly kneed him in the crotch. In a video apparently taken immediately after the incident, the student is shown on the ground. Samsel is standing over him and says, “did it hurt?”

He then asks him why he is about to start crying, pats him on the shoulder and apologizes, and then says he can “go to the nurse, she can check it for you.” Samsel addresses another student and says, “do you want to check his nuts for him, please?”

In another video, Samsel is shown telling the student about “distractions from the devil,” and then grabs him from behind and lifts him off his feet. In a different clip, he tells the student to go to the office. “You were not following — not my rules — God’s rules right now,” he tells the student. “You better take a Bible.”

“Keep denying God, keep denying God, see how it’s going to turn out,” he told the student.

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U.S. Federal Courts

Federal appeals court orders Trans professor fired in 2011 reinstated

The Tenth Circuit also rejected Southeastern’s cross-appeal in its entirety, citing the Supreme Court’s decision in Bostock v. Clayton County

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U.S. 10th Circuit Court of Appeals, Byron White Courthouse Denver Colorado (Photo Credit - Library of Congress Collections)

DENVER – The 10th U.S. Circuit Court of Appeals, in a 55-page ruling issued Monday, ordered Southeastern Oklahoma State University located in Durant, Oklahoma to reinstate a Trans professor who was fired over a decade ago.

Douglas N. McMillan, then interim vice president for academic affairs at the university reportedly said that the professor’s “lifestyle” offended his Baptist beliefs.

Dr. Rachel Tudor, a 54-year-old Native American member of the Chickasaw Nation, in a statement released after the appellate court’s ruling said that [she is] “looking forward to being the first tenured Native American professor in her department in the 100-plus year history of the Native American-serving institution that is Southeastern Oklahoma State University.”

The 10th Circuit in its ruling overturned a lower District Court in Oklahoma City that had ruled “reinstatement would not be possible due to alleged hostility between Dr. Tudor and Southeastern.”

Tudor worked as a tenure-track professor of English at Southeastern Oklahoma State University between 2004 and 2011. In 2007, she informed Southeastern that she would be transitioning and that her gender identity was female. Following this, she was denied tenure and terminated even though her own students and the English Department supported her tenure application.

In her appeal, Tudor was represented by the Washington D.C. based National Women’s Law Center and its private law firm counsel, Erica Lai, who argued for NWLC.

In a recap statement NWLC noted:

The Tenth Circuit also rejected Southeastern’s cross-appeal in its entirety, heavily citing the Supreme Court’s decision in Bostock v. Clayton County, which overruled previous 10th Circuit precedent and held that discrimination against transgender employees is sex discrimination under Title VII.  

 After fighting her case in the courts, she won her jury trial on November 20, 2017. Although the jury awarded her $1,165,000, the court both lowered this amount to $300,000 and then awarded her only front-pay wages in an amount of $60,040.77. This front-pay figure was calculated without the court undertaking any meaningful analysis as to her ability to return to a tenure job in English at Southeastern as she wanted, or what amount would make up for her lost future earnings.

[…] Also, courts have made clear that employers may not cite litigation-related hostility as a reason to refuse someone a job. Finally, as the jury found, Dr. Tudor was only denied tenure because of sex discrimination.

Tudor’s statement reflected her desire to return to the classroom and press on the Tulsa World reported:

As injurious as the sex discrimination and retaliation were to Dr. Tudor, she did not consider it merely personal. Rather, she was a symbol to those who discriminated against her. They wanted to create an environment where certain views and certain people are punished to create fear and shame instead of self-confidence and opportunity for all.

“They wanted people like Dr. Tudor to be afraid, and to go away. Instead of going away, instead of accepting a settlement — conditioned on never teaching in Oklahoma — she fought for the rights and dignity of her Native and LGBT communities.

“Dr. Tudor would like to thank her allies and colleagues for their support through 10 long years of fighting for justice. She is grateful and honored to be the recipient of their goodwill. She promises to repay their trust by being the best professor she can be.”

 

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Colorado

Anti-LGBTQ extremist Bob Enyart who spread COVID lies- dies from virus

Enyart proudly referred to himself as “America’s most popular right-wing, religious fanatic, homophobic, anti-choice talk show host”

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Bob Enyart (Screenshot via KUSA9 NBC News Denver)

DENVER – The vehemently anti-LGBTQ preacher who made national headlines over his gleefully reading out the obituaries of AIDS victims on his cable television show, while cranking out the song “Another One Bites the Dust” by Queen- whose lead singer, Freddie Mercury, died from that disease, has himself died from complications after contracting COVID-19.

Bob Enyart, 62, who had proudly referred to himself as “America’s most popular self-proclaimed right-wing, religious fanatic, homophobic, anti-choice talk show host” and pastor of the Denver Bible Church, died Monday after a short battle with the coronavirus. The news was confirmed by his longtime radio and podcast show co-host Fred Williams in a Facebook post Monday.

Enyart and his second wife Cheryl, had both contracted COVID-19 after refusing to take the vaccine citing pro-life reasons; “Bob and Cheryl Enyart have sworn off taking the Pfizer, Moderna, and Johnson vaccines because, as those firms admit, they tested these three products on the cells of aborted babies,” according to a statement in August on Enyart’s webpage.

In addition to falsely claiming that the vaccines were developed using fetal tissue, Enyart urged his followers to boycott the vaccines to “further increase social tension and put pressure on the child killers. (Remember, many institutions and celebrities who have been “pro-choice” all along are now also calling to legalize infanticide, what they call after-birth abortion.

In October of 2020, Enyart filed a federal lawsuit in U.S. District Court in Denver asking to overturn the Colorado State Public Health order on facial masks at religious services, as well as rules limiting gatherings to 175 people amid the pandemic.

U.S. District Court Judge Daniel Domenico, who was appointed by President Trump, granted a temporary restraining order against the health order.

A long time radical anti-abortion activists and a spokesperson for the pro-life Colorado Right to Life, Enyart in 2009 along with other antiabortion protesters were jailed over protest at Focus on the Family after the group accused Focus founder James Dobson of not being antiabortion enough.

After attempting to deliver a letter to Focus president James Daly deploring Dobson’s endorsement of 2008 Republican presidential nominee John McCain, American Right to Life Action members staged an hour long standoff with ministry security, according to the Colorado Springs Gazette.

In addition to his open hostility towards the LGBTQ community on air, in 2016 protesting the U.S. Supreme Court ruling the previous year that granted same-sex couples the right to marry, the Huffington Post reported that he released a bizarre video as part of the National Organization for Marriage (NOM) boycott of Starbucks, after the coffee-based chain announced its support of same-sex marriage.

As first reported by Good As You blogger Jeremy Hopper, Pastor Bob Enyart of Denver Bible Church purchased a Starbucks coffee before proceeding to dump it down a sewer in protest.

“Jesus Christ said God made us male and female at the beginning of the creation,” Enyart proclaims. “Starbucks, in a move that’s not wise for eternity and not good for business here and now, has decided to promote homosexual marriage.”

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