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Transgender man murdered in Puerto Rico

Per Puerto Rican LGBTQ rights group, Adrián is the 7th trans person murdered there in last 12 months

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Samuel Edmund Damián Valentín (Photo via Facebook)

TRUJILLO ALTO, Puerto Rico — A transgender man was murdered in Puerto Rico on Jan. 9.

Media reports indicate authorities found Samuel Edmund Damián Valentín’s body in the middle of a highway in Trujillo Alto, a municipality outside of the Puerto Rican capital of San Juan, after a motorist struck it.

WAPA reported Damián had been shot several times. The Puerto Rico television also said authorities initially identified Damián as a woman.

Pedro Julio Serrano, founder of Puerto Rico Para [email protected], a Puerto Rican LGBTQ rights group, on Tuesday noted to the Los Angeles Blade that Adrián is the seventh trans person murdered in the U.S. commonwealth over the last year.

Two men who allegedly killed two trans women — Serena Angelique Velázquez and Layla Pelaez — in Humacao last April before setting Pelaez’s car on fire — have been charged under the federal hate crimes law.

Alexa Negrón Luciano, a homeless trans woman, was murdered in Toa Baja on Feb. 24, 2020. Yampi Méndez Arocho, a trans man, was killed in Moca less than two weeks later.

Penélope Díaz Ramírez, a trans woman, was killed in a jail in Bayamón on April 13, 2020. Michelle “Michellyn” Ramos Vargas was shot to death in southwest Puerto Rico last October.

Puerto Rico’s hate crimes law includes both sexual orientation and gender identity, but prosecutors in the U.S. commonwealth rarely apply it. Serrano and other activists have also sharply criticized the Puerto Rican government’s response to the murders, anti-LGBTQ hate crimes and general violence towards LGBTQ Puerto Ricans.

“They (authorities) must investigate the hate angle in the Jan. 9 murder of Samuel Edmund Damián Valentín, who the police initially treated as a woman, but it’s about a trans man,” said Serrano in a press release.

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Federal Government

CMS, HHS pledge ‘prevent anti-Trans policies taking effect’ in Florida

“Attempts to restrict, challenge, or falsely characterize this potentially lifesaving care as abuse is dangerous”

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Screenshot/YouTube Chiquita Brooks-LaSure, Administrator, U.S. Centers for Medicare & Medicaid Services

WASHINGTON – After Florida’s Agency for Health Care Administration (AHCA) signaled its plans to stop Medicaid reimbursements for transgender related healthcare last week, U.S. federal health officials expressed concerns with the move in an exclusive statement to The Los Angeles Blade. 

The U.S. Centers for Medicare & Medicaid Services (CMS) and the U.S. Department of Health and Human Service’s (HHS) Office of Civil Rights (OCR) pledged they would “continue to do everything within our authority to protect Medicaid beneficiaries’ access to care and prevent discriminatory policies from taking effect.”

Pursuant to AHCA’s announcement of the new rules, coverage exemptions would be carved out of the state’s Medicaid plans for health treatments like puberty blockers, hormone therapies, or surgical procedures for gender dysphoria. 

Florida will join other conservative states that have moved in recent years to prohibit or restrict access to transgender healthcare, particularly for young people. In May, the Texas Supreme Court ruled the state could weaponize its Child Protective Services to investigate parents for child abuse for giving their transgender children medically approved health treatments. 

In March, the HHS’s OCR issued a Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy, writing: “Attempts to restrict, challenge, or falsely characterize this potentially lifesaving care as abuse is dangerous. Such attempts block parents from making critical health care decisions for their children, create a chilling effect on health care providers who are necessary to provide care for these youth, and ultimately negatively impact the health and well-being of transgender and gender nonconforming youth.

In May, OCR announced Title IX’s rules prohibiting discrimination on the basis of sex includes sexual orientation and gender identity, with HHS Secretary Xavier Becerra writing, ““Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone – including LGBTQ people – should be able to access health care, free from discrimination or interference, period.”

Shortly after the news in Florida broke on Thursday, the LGBTQ+ legal advocacy organization Lambda Legal told The Blade, “We are exploring all possible avenues for challenging this discriminatory rulemaking.” 

The American Academy of Pediatrics (AAP) and its Florida Chapter (FCAAP) also shared a statement with The Blade condemning the state’s “interference with the physician-patient relationship and its prohibition of this vital care.”

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U.S. Federal Courts

Michigan AG Nessel joins coalition opposing Florida’s ‘Don’t Say Gay’ law

“Non-inclusive educational environments have severe negative health impacts on LGBTQ+ students, resulting in increased mental health issues”

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Michigan Attorney General Dana Nessel speaking at the Michigan capitol building for Pride June 26, 2022 Lansing, MI (Photo Credit: Office of the Michigan Attorney General)

By Jon King | LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 16 attorneys general from across the country in filing an amicus brief opposing Florida’s “Parental Rights in Education Act,” otherwise known as the “Don’t Say Gay” law.

Nessel, a Democrat who is Michigan’s first openly gay top statewide official, says that the law, which prevents classroom discussion of sexual orientation or gender identity, poses a serious threat to LGBTQ+ students who she says are particularly vulnerable to discrimination.  

“This bill is an affront not just to educators, but also to LGBTQ+ students, especially those who may already be experiencing the stigmatizing effect of their identity at school,” Nessel said. “This bill is not motivated by the desire to limit inappropriate content in classrooms. It is meant to have a chilling effect on how educators do their jobs and may also violate the First Amendment rights of students and teachers alike. I gladly join my colleagues on this brief and hope it discourages other states, including Michigan, from considering similar legislation.” 

The law is being challenged in federal district court by a group of students, parents, teachers and organizations seeking to prevent its enforcement by alleging that it violates, among other things, the Equal Protection Clause and the First Amendment.  

The law entirely bans “classroom instruction” on sexual orientation or gender identity in kindergarten through Grade 3 while also requiring the state education agency write new classroom instructions for standards that must be followed by grades four through 12. 

Opponents say that because the law does not define many of its key terms, like “classroom instruction,” it is forcing Florida teachers to censor themselves out of fear of prosecution. That fear is further compounded by the fact that the law also allows a parent to bring a civil claim against a school district to enforce its prohibitions.  

There are two main points in the brief.

“Florida’s law is extreme,” it states. “Although Florida claims the Act is intended to protect children and preserve parental choice, the attorneys general have curricula in place that allow for age-appropriate discussion of LGBTQ+ issues while respecting parental views on the topic.”

“The law is causing significant harms to students, parents, teachers, and other states,” claims the brief. “Non-inclusive educational environments have severe negative health impacts on LGBTQ+ students, resulting in increased rates of mental health disorders and suicide attempts. These harms extend to youth not just in Florida, but throughout the country.”

Nessel is joining the amicus brief alongside Attorneys General from New Jersey, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York and Oregon.

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The preceding article was previously published by the Michigan Advance and is republished with permission.

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Jon King has been a journalist for more than 35 years. He is the Past President of the Michigan Associated Press Media Editors Association and has been recognized for excellence numerous times, most recently in 2021 with the Best Investigative Story by the Michigan Association of Broadcasters. He is also an adjunct faculty member at Cleary University. Jon and his family live in Howell, where he also serves on the Board of Directors for the Livingston Diversity Council.

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The Michigan Advance is a hard-hitting, nonprofit news site covering politics and policy across the state. We feature in-depth stories, briefs and social media updates, as well as top-notch progressive commentary. The Advance is free of advertising and free to our readers. We wholeheartedly believe that journalists have the biggest impact by reporting close to home, explaining what’s happening in our state and communities — and why. Michigan has hundreds fewer reporters than just a couple decades ago. The result is too many stories falling through the cracks.

The Advance is part of States Newsroom, a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers. The Advance retains editorial independence.

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Florida

Florida prohibits Medicaid reimbursement for trans healthcare

Lambda Legal tells the LA Blade its “exploring all possible avenues for challenging this discriminatory rulemaking”

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Photo Credit: Equality Florida

TALLAHASSEE – On Thursday, Florida officially joined the roster of conservative states whose Medicaid programs carve out coverage exemptions for transgender related healthcare, including gender-affirming therapies for young people. 

Against the guidance of mainstream medical opinion, the state’s Agency for Health Care Administration (AHCA) ratified new rules prohibiting taxpayer reimbursement for puberty blockers, hormone therapies, or surgical procedures to treat gender dysphoria. 

“We are exploring all possible avenues for challenging this discriminatory rulemaking,” wrote Carl Charles, senior attorney at Lambda Legal, in an emailed statement to The Los Angeles Blade. “Lambda Legal has secured victories on this issue in other states such as Alaska (Being v. Crum), and just this month in our case, Fain v. Crouch, in West Virginia.”

The American Academy of Pediatrics (AAP) and its Florida Chapter (FCAAP) wrote in an emailed statement to The Blade that they were “disheartened” by AHCA’s finalization of rules blocking Medicaid coverage for gender affirming care: 

“The state’s interference with the physician-patient relationship and its prohibition of this vital care will negatively impact Floridians who are trying to live their lives as their true, healthiest selves. As pediatricians, our only goal is to work with families and provide our patients with the best evidence-based care possible. When necessary and appropriate, that includes gender-affirming care. The AAP and FCAAP will continue to stand up in support of all young people, including those who are transgender.”

The U.S. Centers for Medicare and Medicaid Services did not return a request for comment in time for publication. The U.S. Department of Health and Human Services did not immediately respond to a request for comment. 

Also on Thursday, Florida’s AHCA inaccurately accused HHS and the AAP of misleading the public about the safety of transgender related healthcare, though it was not the first time the state’s health agency has butted up against its federal counterparts and associations of medical practitioners. 

AHCA previously issued a bulletin in April that prompted rebukes from groups including the Endocrine Society, which accused AHCA of spreading misinformation about healthcare treatments for transgender people, including youth. The bulletin’s contents also conflicted with official positions on these matters held by HHS. 

A coalition of legal advocacy organizations including Lambda Legal immediately condemned the AHCA’s latest move in a joint statement Thursday, writing: “Ignoring thousands of public comments and expert testimony, Florida’s AHCA has finalized a rule that will deny Medicaid coverage for all medically necessary gender-affirming care for both youth and adults. This discriminatory and medically unsound rule will take effect on August 21, 2022, putting transgender people in jeopardy of losing access to critical gender-affirming health care services.”

The statement also took aim at Florida Gov. Ron DeSantis: “AHCA’s actions, at the behest of Governor DeSantis and his political appointees, are morally and legally wrong as well as medically and scientifically unsound. This rule represents a dangerous escalation in Governor DeSantis’s political zeal to persecute LGBTQ+ people in Florida, and particularly transgender youth.”

The Movement Advancement Project publishes a chart tracking state-by-state Medicaid coverage for transgender-related care, which is a patchwork of different exemptions and carveouts that generally maps onto the extent to which each leans conservative. 

Much like with other public health insurance programs like state employee health plans, discriminatory state Medicaid programs have often been the subject of litigation challenging them, in lawsuits that are often successful.

Nikole Parker, Equality Florida’s Director of Transgender Equality in an emailed statement said:

“Just over one week from today, Florida’s Agency for Health Care Administration, at the behest of Governor DeSantis, plans to strip thousands of vulnerable Floridians of their health care. Transgender people have been accessing gender-affirming care through Medicaid for years. That care is now being shut off by a state agency that has been corrupted, weaponized, and stacked with extremists by a governor desperate to fuel his own political ambitions.

Today, more than 9,000 transgender Floridians access care through Medicaid. On August 21, the state government will put  that care on the chopping block. As further evidence for his complete disregard for the health and well being of transgender Floridians, the DeSantis Administration has done nothing to quantify or assess the terrible impact this rule would have on the thousands of transgender people who rely on Medicaid for their care. The transgender community, like all people, shouldn’t have necessary, life-saving care stripped away by extremist politicians working overtime to stoke right-wing fervor. This brazen, politically-motivated attack is cruel, dangerous and puts the health of thousands at risk.”

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