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Legislation to repeal “loitering for purpose of prostitution” law introduced

Criminalizing sex work does not make sex workers or our communities safer

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State Senator Scott Wiener (D-San Francisco) (Photo Credit: Office of Sen. Wiener)

SACRAMENTO – Senator Scott Wiener (D-San Francisco) has introduced Senate Bill 357, repealing provisions of California law that criminalize loitering for the intent to engage in sex work.

This law — arrests for which are based on an officer’s subjective perception of whether a person is “acting like” they intend to engage in sex work — results in the disproportionate criminalization of trans, Black and Brown people, and perpetuates violence toward sex workers. SB 357 does not decriminalize soliciting or engaging in sex work. Rather, it simply eliminates an anti-loitering offense that leads to harmful treatment of people for simply “appearing” to be a sex worker. 

“Criminalizing sex work does not make sex workers or our communities safer,” a spokesperson for Wiener pointed out. “Most criminal penalties for sex workers, loitering laws included, do nothing to stop sex crimes against sex workers and human trafficking. People engaged in sex work deserve to be treated with dignity and respect.”

In February, a similar piece of legislation to end this type of loitering ban became law in New York. SB 357 is part of the movement to end discrimination against and violence toward sex workers, especially the most targeted communities — trans, Black, and Brown people. SB 357 is cosponsored by Positive Women’s Network – USA, St. James Infirmary, SWOP LA, Trans Latin@ Coalition, Asian Pacific Islander Legal Outreach, and the ACLU of California. 

Under current law, it is a crime to loiter in a public place with the “intent” to commit a sex work-related offense. But this law can be broadly interpreted, and thus allows for discriminatory application against the LGBTQ community and people of color. Law enforcement can use a non-exhaustive list of circumstances to “determine” if someone intends to engage in sex work, including factors such as speaking with other pedestrians, being in an area where sex work has occurred before, wearing revealing clothing, or moving in a certain way. Because current law regarding loitering is highly subjective and vague, law enforcement officers disproportionately profile and target Black and Brown transgender women by stopping and arresting people for discriminatory and inappropriate reasons. This is how Black and Brown transgender women get arrested and cited for quite simply walking on the street. It also gives law enforcement the ability to more easily target and arrest sex workers.

“We’re experiencing a terrifying epidemic of violence against trans women of color, and we need to be proactive in improving their safety,” said Wiener. “Our laws should protect the LGBTQ community and communities of color, and not criminalize sex workers, trans people and Brown and Black people for quite literally walking around or dressing in a certain way. New York has led the way, and shown that it’s far past time we end this discriminatory targeting of suspected sex workers. We must stop enabling law enforcement to harass trans women of color on our streets. We need to stand with trans women of color and sex workers, and stand with all people fighting for autonomy and safety and against racist and transphobic discrimination.” 

People within the LGBTQ, Black, and Brown communities report high rates of police misconduct throughout the United States and are disproportionately affected by police violence. Transgender people who have done street-based sex work are more than twice as likely to report physical assault by police officers and four times as likely to report sexual assault by police. A Black person is 3.5 times more likely to be shot by police than a white person. These statistics are a daily reality that transgender, Black and Brown people face and lead to mistrust of law enforcement.

SB 357 will repeal a discriminatory law that makes it a crime to loiter with the intent to engage in sex work, given that it fails to prevent street-based sex work and disproportionately results in the criminalization of transgender people and communities of color.

“California’s loitering law gives law enforcement a weapon to discriminate against and harass Black and trans sex workers simply for existing in public,” said Arneta Rogers of ACLU of Northern California. “We are proud to partner with the strong coalition of current and former sex workers to repeal this harmful law.”

“Sex workers are necessity-based entrepreneurs that should be protected and not dehumanized by laws criminalizing the entire industry,” Cesar, a current sex worker and a co-lead of the Mutual Aid & Fundraising team of the Decrim Sex Work CA Coalition. “Some Clients weaponize the criminalization of sex work by using threats of calling the police to exploit or harm sex workers by agreeing to a verbal contract for service and getting this service without paying for service. Why is it illegal to sell something that is legal to give away?”

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West Hollywood

Kesha headlines as WeHo Pride presents Friday Night OUTLOUD

Performances also by Adam Lambert, Monét X Change, Laganja Estranja v. Morphine Love Dion, Niña Dioz, Jessica Betts, Owenn, & Venessa Michaels

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Los Angeles Blade/WeHo Pride Presents Friday Night at OUTLOUD graphic


WEST HOLLYWOOD – Kesha will headline WeHo Pride Presents Friday Night at OUTLOUD,a free outdoor concert, courtesy of the City of West Hollywood, taking place May 31, 2024 at West Hollywood Park.

Friday night’s full lineup will feature an electrifying music mix with additional performances by Adam Lambert, Monét X Change, Laganja Estranja vs. Morphine Love Dion, Niña Dioz, Jessica Betts, Owenn,and Venessa Michaels.Friday evening’s experience adds to a stellar weekend lineup with Saturday and Sunday headliners Kylie Minogue, Janelle Monáe,and Diplo + Friends.

WeHo Pride Presents Friday Night at OUTLOUD is free to the public and requires an RSVP to secure complimentary tickets, as event capacity is limited. Sign up for registration details at  www.weareoutloud.com. Registration will officially open on Friday, May 3, at 10 a.m. PDT. Each person registering will be limited to one registration per email address. 

“As we approach the 2024 WeHo Pride season, the City of West Hollywood remains a steadfast beacon of progressive values and unwavering advocacy for LGBTQ rights. Hosting the WeHo Pride Presents Friday Night at OUTLOUD reaffirms our City’s legacy of championing inclusivity and equality,” said City of West Hollywood Mayor John M. Erickson. “As we gather to celebrate the kaleidoscope of queer talent, let’s also reflect on the profound impact of our ongoing fight for LGBTQ rights, both locally and on the global stage.”

WeHo Pride Presents Friday Night at OUTLOUD activities begin at 6 p.m. PDT. The evening launches WeHo Pride Weekend programming, all of which is free to attend and guests of all ages are welcome.

The WeHo Pride Street Fair takes place on Saturday, June 1, 2024 and Sunday, June 2, 2024 starting at 12 p.m. PDT and features live entertainment and activities along with sponsor and community organization booths. Saturday’s events include the annual Dyke March and the Women’s Freedom Festival, which takes place at the WeHo Pride Community Stage.

The celebration continues with the WeHo Pride Parade on Sunday, June 2, featuring the Parade’s Lifetime Ally Icon Cyndi Lauper, with more details to come. For information about WeHo Pride events and programming, visit: www.wehopride.com.

The OUTLOUD Music Festival continues on Saturday, June 1, and Sunday, June 2, with a two-day concert experience featuring iconic headliners Kylie Minogue, Janelle Monáe, and Diplo + Friends.

Attendees will need to purchase a ticket to attend, and the full weekend lineup of performances includes: Doechii, Ashnikko, Noah Cyrus, Trixie Mattel, Keke Palmer, Channel Tres, Yaeji, Big Freedia, Sophie Ellis-Bextor, VINCINT, and many more.

“Our festival’s growth has been fueled by the invaluable partnership and support from the City of West Hollywood. WeHo Pride Presents Friday Night at OUTLOUD is a testament to JJLA and OUTLOUD’s commitment to celebrating diversity, inclusivity, and community,” shared OUTLOUD CEO/Producer Jeff Consoletti of JJLA. “We’re ready to set the stage on fire once again, welcoming everyone to join us for a weekend of electrifying music, fierce performances, and unabashed pride!”

To RSVP and to purchase single-day general admission tickets for the OUTLOUD Music Festival, visit: https://www.weareoutloud.com/.

Join the VIP waitlist to be notified when additional VIP Passes become available at arep.co/w/outloudvipwaitlist/finished.

Created and produced by JJLA, OUTLOUD Music Festival first launched in 2020 as a virtual concert series, highlighting and elevating queer artists at a time when many Pride celebrations were canceled due to the COVID-19 pandemic.

In 2021, OUTLOUD Music Festival partnered with Pride Live’s Stonewall Day and Adam Lambert to deliver a three-day, in-person concert series in Los Angeles, marking the return of live events to the city after the pandemic shutdown. Performers included Adam Lambert, Kim Petras, SOFI TUKKER, VINCINT, LP Giobbi, Brooke Eden, Daya, Hayley Kiyoko, and more, plus an in-person appearance from Los Angeles’ then-Mayor Eric Garcetti.

The event, which won a 2021 BizBash Event Experience Award for Best Cultural/Multicultural Event (Live Events & Experiences), was simultaneously streamed on Twitch, garnering 4.8 million views and providing the participating artists and queer charities a unique and critical global platform.

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Virginia

Virginia attorney general joins efforts to fight Title IX changes

In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes

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Virginia Gov. Glenn Youngkin listens as Attorney General Jason Miyares addresses an audience at a legislative signing ceremony in the capitol April 5, 2024. (Photo Credit: Office of the Attorney General)

By Nathaniel Cline | RICHMOND, Va. – Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect. 

The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ+ students has come under attack by Republican attorneys general in several states.

Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.

“The Biden Administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”

Virginia Attorney General Jason Miyares at the Virginia State Capitol on Jan. 10. (Nathaniel Cline/Virginia Mercury)

Attorney generals from Tennessee, Indiana, Kentucky, Ohio and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.

Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972. 

The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information and supports students and families. 

Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ+ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ+ students to come to school as themselves without fear of harassment or discrimination.

“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden Administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.

The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education. 

Protections

While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ+ students and employees, including providing complete protection from sex-based harassment and prohibiting schools from sharing personal information.

Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.

The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.  

The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children. 

The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed. 

Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.

Virginia policies

In 2021, the first model policies for transgender students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of transgender and nonbinary students and to protect the privacy and rights of these students. 

However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.

The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.” 

Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.

The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.

“All Virginia students, including our transgender and non-binary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior transgender rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”

Athletics not included

The provisions under the new Title IX rule did not mention anything about requiring schools to allow transgender students to play on teams that align with their gender identity. Virginia has taken its own shot at banning transgender athletes from competing in sports through legislation.

In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported. 

The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.

The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for transgender athletes to participate on teams that match their gender identity, but under certain conditions.

Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.

Sen. Tammy Brankley Mulchi, R-Mecklenburg, who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.

Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.

“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.

However, Sen. Stella Pekarsky, D-Fairfax, argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”

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Nathaniel Cline

Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at The Loudoun Times-Mirror and The Northern Neck News in Virginia as well as sports for The Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.

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The preceding article was previously published by the Virginia Mercury and is republished with permission.

Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.

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

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Federal Government

U.S. Census Bureau testing survey on LGBTQ households

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies

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The U.S. Census Bureau headquarters in Suitland, Maryland in suburban Washington D.C. (Photo Credit: U.S. Census Bureau)

SUITLAND, Md. – The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey (ACS). The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS – with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30, 2024, online.

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India

India’s general election heats up

Transgender issues are among those being discussed

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Barkha Trehan (Photo courtesy of Barkha Trehan)

NEW DELHI — Amid heatwaves in the Indian capital of New Delhi, the world’s biggest election is raising the temperature even higher.

The temperature in the Indian capital on the morning of April 18 reached 107 degrees, and the sun blazed like a furnace. In the political corridors, however, the sweat wasn’t just from the heat, but from the fervent preparation for and in anticipation of the election results.

The Bharatiya Janata Party, the current ruling party, aggressively prepared for the 2024 general election months ago but the other regional and national parties still seem to be preparing while the election has started in the country. 

The Washington Blade traveled to New Delhi and witnessed the political party’s campaign and preparations. 

Home Minister Amit Shah, representing the BJP, was aggressively campaigning in Ahmedabad and Gandhinagar in Gujarat state. BJP National President Jagat Prakash Nadda was campaigning in Assam state.

The Blade interviewed Barkha Trehan, a political activist in New Delhi. She said that while various political parties in India address transgender and women’s issues in their campaign rhetoric, the Indian National Congress fails to translate its promises into action at the grassroots level.

“Political parties, especially the Congress party in the country, have talked and written enough in their election manifesto, but in last many years they have done nothing,” Barkha told the Blade. “In the last 10 years, we have seen that whatever Bharatiya Janata Party (BJP) says or has written in their election manifesto, we have seen that work done on the ground level. Let’s say it is a women’s issue or transgender community issue, or any other issues like infrastructure issues, everything is visible.”

Barkha said that discussing an issue and taking tangible action on it are distinct endeavors. 

She emphasized the BJP’s efforts at the grassroots level, whether concerning trans issues or other matters, deserve recognition. The BJP, according to her, has undertaken numerous initiatives for the trans community that skill development programs and providing loans for startups.

“BJP wants to work for all without any discrimination,” Barkha told the Blade. “They want to create a good image of our country in the world, but the Congress party always pulls down the fame. They always go abroad and discredit the country by talking negative all the time. They think this is the only way to win election in India, but this won’t work out for them.”

Talking about trans issues, Barkha said Prime Minister Narendra Modi has met people from the trans community. She told the Blade that he is trying to motivate the trans community to take advantage of employment opportunities. 

“Before Modi, nobody used to look at the transgender community,” said Barkha. “No one used to talk about them. When the prime minister’s video went viral on the internet and television while he had a conversation with the transgender community, other people started and felt inspired to work for the transgender community and talk to them.” 

indian prime minister narendra modi speaks with a transgender business owner

Barkha told the Blade these things send a message to the trans community that there are people who are listening and who will always stand by it. 

She noted the trans community has always faced discrimination, neglect, and abuse in India. This political outreach, according to Barkha, sends a strong message that the trans community is as important as anyone else, they have the same value as any other citizens in the country, and they deserve a better life. She told the Blade trans people can make money when they can learn new skills, and they will have self-confidence and self-respect when they can earn a living.

Discrimination based on gender identity remains commonplace in India

India’s trans community has suffered discrimination for many years.

An openDemocracy report notes 80 percent of trans Indians are either engaged in sex work or begging. India in 2019 passed a law, Transgender Persons (Protection of Rights) Act, with aims to protect the rights of trans people, their welfare, and matters connected therewith and incidental thereto. 

The Indian government and BJP in 2022 came up with a socialist scheme for trans people. Support for Marginalized Individuals for Livelihood and Enterprise is a program to support trans people who are engaged in begging. It provides them access to medical facilities, counseling, education, skill development, and economic linkages with the support of state governments and local urban bodies along with volunteer and community-based organizations. 

The Congress in Telangana state was recently accused of disrespecting the trans community when Revanth Reddy, the Congress party’s sitting chief minister, sent anti-trans slurs that targeted the state’s opposition party.

The Blade reached out to the Congress party’s office in New Delhi, but it denied the interview request.

BJP’s position on LGBTQ+ issues questioned

The Blade while in New Delhi also visited the Aam Aadmi Party’s headquarters.

Despite the scorching sun overhead, Delhi residents sought refuge from the sweltering temperatures. The Blade, amid the election fervor and campaign hustle, interviewed Aam Aadmi Party spokesperson Preeti Sharma Menon. She said the BJP is regressive and seeks to intrude into a person’s bedroom, dietary choices, and other aspects of their personal lives.

“If BJP comes back to power, the party will keep doing what it is doing now, not supporting LGBTQ rights,” said Menon. “I think, there is no doubt in the LGBTQ community that one cannot have BJP in power and live safely. If we want to give equal rights to every citizen of this country, then only the Indian National Developmental Inclusive Alliance is the only chance.”

She said the Aam Aadmi Party always tries to give LGBTQ+ people a chance, but the party in this general election has few seats (in parliament) for which to fight because it is part of the opposition alliance.

“We always think if you want the change, the LGBTQ community must have a representation in the parliament,” said Menon. “So, we always try to make LGBTQ community in the country politically active.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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The White House

Judy Shepard to receive Presidential Medal of Freedom

In 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed”

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

WASHINGTON — Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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Arkansas

Arkansas governor signs order prioritizing anti-trans state law

“This latest action is part of a disturbing pattern of behavior from Gov. Sanders, who seems more invested in divisive politics”

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Gov. Sarah Huckabee Sanders signed an executive order on May 2, 2024 at the Arkansas Capitol directing schools to follow state law over new Title IX regulations. (Antoinette Grajeda/Arkansas Advocate)

By Antoinette Grajeda | LITTLE ROCK, Ark. – In response to new Title IX regulations that include protections for LGBTQ+ students, Arkansas’ governor signed an executive order Thursday that instructs public schools to instead follow state law and directs the education department to provide guidance on how to do so.

The final rule, which the U.S. Department of Education announced last month, protects students and employees from sex-based discrimination, requires schools have in place measures to offer support to to those who make complaints, sets guidelines for schools and codifies protections for transgender students from sex discrimination. 

Gov. Sarah Huckabee Sanders at a press conference Thursday called the changes a “reinterpretation” and “total rewrite” of Title IX. 

“It’s a document that should scare every woman and frankly every man in America,” Sanders said. “Title IX was created to protect women, but Biden’s Title IX attempts to erase women completely.”

If the Biden administration threatens a loss of federal education funding because Arkansas “refused to go along with his election-year pandering,” Sanders said the state would take the federal government to court. More than a dozen Republican-led states filed legal challenges this week, including Louisiana, Tennessee and Florida.

“My message to Joe Biden and the federal government is that we will not comply,” she said.

Among the Arkansas laws to be enforced is Act 317 of 2023, which defines sex on the basis of biology, ensures public schools designate restrooms based on sex, and requires students to share sleeping quarters with students of the same sex or be provided with single-occupancy sleeping quarters. 

related

Additional gender-related state laws include the Fairness in Women’s Sports Act, which requires schools that designate sports teams to do so on the basis of sex, and the Given Name Act, which prohibits employees of public schools and state-supported education institutions from being required to use someone’s preferred pronouns. 

Sanders also signed an executive order in October that bans gender-neutral language in state government documents. 

In a social media post Thursday, the American Civil Liberties Union of Arkansas called the executive order a “clear, aggressive attack on the well-being and freedoms of LGBTQ people in our state.” 

“This latest action is part of a disturbing pattern of behavior from Gov. Sanders, who seems more invested in divisive politics and fueling culture wars than addressing the urgent needs of Arkansans,” the post reads. “This pattern of hostility and neglect must end. We call on Gov. Sanders to cease these draconian measures and redirect her focus towards improving the lives of all Arkansans.”

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Antoinette Grajeda

Antoinette Grajeda is a multimedia journalist who has reported since 2007 on a wide range of topics, including politics, health, education, immigration and the arts for NPR affiliates, print publications and digital platforms. A University of Arkansas alumna, she earned a bachelor’s degree in print journalism and a master’s degree in documentary film.

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The preceding article was previously published by the Arkansas Advocate and is republished with permission.

The Arkansas Advocate is a nonprofit, nonpartisan news organization dedicated to tough, fair daily reporting and investigative journalism that holds public officials accountable and focuses on the relationship between the lives of Arkansans and public policy. This service is free to readers and other news outlets.

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

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Utah

Utah launches “Snitch Line” to report trans people in bathrooms

Reactions to the form’s release were immediate and predictable: multiple users started flooding in fake reports

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Capitol of the state of Utah in Salt Lake City. (Photo Credit: State of Utah)

By Erin Reed | SALT LAKE CITY, Utah – On Wednesday evening, the Utah Public Auditor released a form to report transgender individuals encountered in changing rooms and restrooms to state authorities.

The form, titled “Alleged Government Violations of Utah Code 63G Chapter 31: Distinctions Based on Sex,” is in response to a law enacted earlier this year. This law bans transgender people from using restrooms that match their gender identity in schools, as well as locker rooms and similar facilities in public buildings across the state.

Utah is the latest in a series of states that have attempted to launch “snitch lines” targeting transgender people. Previous attempts have failed after being flooded with memes from activists opposing the use of community reporting to target transgender individuals.

Earlier this year, House Bill 257, which bans transgender individuals from using restrooms and changing rooms in a variety of locations, sparked intense debate due to its broad scope and strange enforcement mechanisms. The bill applies to any public building, including the Salt Lake City airport, and says that transgender people could be held liable if they cause “affront or alarm.”

It also explicitly prohibits transgender individuals from using restrooms that match their gender identity in schools and also bans them from public changing rooms unless they have amended their birth certificates and undergone gender reassignment surgery. Importantly, many states do not permit changes to birth certificates, creating significant confusion about which transgender individuals can use certain bathrooms and where.

One major question during debate of the bill was over how the bill would be enforced. In many states, for example, cisgender people have been reported to authorities for using the bathroom simply because they defied gender stereotypes. Numerous citizens testified to this concern in Utah. Within months of the bill passing, Utah public officials proved this point correct when some accused a cisgender basketball player of being transgender. Now, it appears that those charged with enforcing the policy have decided on a mechanism to do so: a publicly available snitch form to target transgender people.

The snitch form requests details on encounters with transgender individuals in “privacy spaces.” It asks citizens to report the government entity responsible for the “failure” to prevent the encounter or to report the encounter to law enforcement. Those “failures” can cost any government entity $10,000 dollars per day, including schools and colleges. The form enables people to upload pictures and provide evidence of “incidents.” It requires a name and email address, but a phone number and home address is not necessary.

Reactions to the form’s release were immediate and predictable: multiple users started flooding in fake reports. One person submitted a report of “beavers” in their bathroom at 3 AM. Another posted a picture of a character from The Bee Movie, an allusion to other snitch forms against transgender people that were flooded with scripts for that movie. One person reported Governor Sarah Huckabee Sanders as a trans person. Another reported an allegation of Representative Matthew Gaetz harassing girls outside of a locker room.

The reactions were remarkably similar to other attempts to target transgender people using snitch forms. In February, Indiana Attorney General Todd Rokita released a snitch line to report schools. Instead, it received copies of Godzilla holding a trans flag. In March of 2023, the Missouri Attorney General Andrew Bailey launched a website for reporting gender affirming care clinics. Within a month, the website was taken down after being flooded with the “Bee Movie” script.

In Virginia, Governor Glenn Youngkin launched a tip line to report “divisive teaching practices.” That tip line received very few legitimate reports, and instead was flooded by “GenZ for Change” activists. The website was taken down quietly a the end of the year. After Freedom of Information Act requests were submitted to the state for reports, Youngkin initially but then relented after being sued. In a batch of 350 emails obtained of thousands submitted, accusations submitted included “sympathy to immigrants” and dissatisfaction with the epic poem “Beowulf.”

As for this snitch form, it appears it is already receiving significant pushback. At least one prominent transgender individual, Ari Drennen of Media Matters, noted that the site was already seeing glitches and errors, potentially from the number of people flooding the form with memes.

There are no reports of legitimate complaints through the system as of Thursday.

You can find the form at here: (Link)

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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

Man sentenced for obstruction in murder of Black Trans woman

“Pinckney’s obstructive actions delayed justice for Dime Doe and accountability for his co-defendant,” said the FBI Columbia Field Office

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The headquarters of the South Carolina State Law Enforcement Division, Columbia, SC (Photo Credit: State of SC SLED)

COLUMBIA, SC – A South Carolina man was sentenced today to obstructing an investigation into the December 2019 murder of a transgender woman.

Xavier Pinckney, 24, was sentenced to 45 months in prison for providing false and misleading information to state authorities investigating the murder of Dime Doe. He previously pleaded guilty on Oct 26, 2023.

“The defendant’s sentence is part of our effort to fully seek justice and accountability following the tragic murder of a Black transgender woman,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The message should be clear: The Justice Department will fully investigate and prosecute those who target the Black transgender community and that includes those who unlawfully obstruct investigations into these heinous crimes. We want the Black trans community to know that we stand with the LGBTQI+ community, we reject transphobic-fueled violence, and that we will seek justice for victims and their families.”

“Pinckney’s obstruction delayed our investigation and delayed justice for Dime Doe,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Fortunately, Pinckney confessed his lies and his role in the coverup of her murder. This sentence underscores that no one who stands in the way of justice will go unpunished.”

“Pinckney’s obstructive actions delayed justice for Dime Doe and accountability for his co-defendant,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “No matter the obstacle, the FBI and our law enforcement partners are poised to defend the rights and protections of all citizens, and those who engage in criminal activity will be met with the full weight of our investigative and prosecutorial power.”

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According to court documents, Pinckney admitted that he concealed from the state authorities the use of his phone to call and text Doe the day of her murder, and he lied to state investigators about seeing his co-defendant, Daqua Ritter, on the morning of Doe’s murder. Ritter was convicted of a hate crime, firearms charge and obstruction of justice in a jury trial arising out of the Ritter’s murder of Doe. Ritter was the first defendant to be found guilty by trial verdict for a hate crime motivated by gender identity under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

The FBI Columbia Field Office investigated the case, with the assistance of the South Carolina Law Enforcement Division, Allendale County Sheriff’s Office and Allendale Police Department.

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West Hollywood

LGBTQ commission selects finalists for 2024 Rainbow Key Awards

West Hollywood’s Rainbow Key Awards, now in its 31st year, began in 1993 with awards to actress Carole Cook & writer-actor Bruce Vilanch

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Photo Credit: Paulo Murillo/WeHo Times

By Paulo Murillo | WEST HOLLYWOOD – The LGBTQ+ Commission is recommending five recipients for the 2024 Rainbow Key Awards, which will be up for approval by the West Hollywood City Council at the upcoming Regular Council Meeting on Monday, May 6, 2024.

The finalists are:

  1. Jackie Beat, nominated by Chris Isaacson – Drag superstar Jackie Beat has been entertaining audiences across the U.S. and in Europe for over thirty-five years with her razor-sharp comedy and hysterical song parodies. Jackie not only warps hits by Britney Spears, Madonna, Mary J. Blige, Christina Aguilera, Cher, Lady Gaga, Katy Perry, Mariah Carey, and many others, but she flawlessly sings her twisted new versions LIVE, hitting every last note.
  2. Vivian “Dapper Dyke” Escalante, nominated by Mj Godges – In 1994, Dapper Dyke Vivian was the driving force of the Dyke March in West Hollywood, establishing Dykes on Bikes when lesbian/dyke visibility was scarce. With Vivian leading the way, they were determined to take over the streets of WeHo and promote Lesbian visibility and return Dykes on Bikes to leading the March. As they marched, they chanted, played drums, and held up signs while the Dykes on Bikes would clear the path for marchers. Despite the sheriff’s attempts to stop the march from moving forward, the Dykes on Bikes revved their engines, bringing traffic to a complete halt and drawing cheers from the spectators who joined their mission to be seen.
  3. Rebecca Gitlin, nominated by James Coomes – Dr. Rebecca Gitlin is a force of nature and fierce advocate for the LGBTQIA2S+ community across Los Angeles County. She has led the Los Angeles County Department of Mental Health efforts to ensure that both identity and gender-affirming services are included across all clinical assessments within the Department of Mental Health, both directly operated and contract providers, and ensure that the Department of Mental Health has a presence in the LGBTQIA2S+ community across the county.
  4. LZ Love, nominated by Jazzmun Nichcala Cravton – LZ Love is an elder African American transwoman and a native of Chicago. She’s an acclaimed songwriter, singer, performer, and recording artist of gutbucket soul-stirring blues and blues-saturated gospel and dance music. She’s performed on stages worldwide for four decades, from Tokyo, Japan, London, England, Germany, Paris, France, Switzerland, and Croatia. LZ recently performed live in Austin, Texas, and acted in a web series, Glass Cock Park. She’s also an author and creative nonfiction writer. Her art, entertainment, and message of love and acceptance are for everyone, especially the LGBTQ community and those mistreated, abused, shunned, and abandoned. She uses her music and songwriting to make a positive change globally.
  5. Brian Sonia-Wallace, nominated by Gen Cheng – Brian founded the band of LGBTQ+ typewriter poets in 2019, “Pride Poets,” and this has served WeHo Pride and various other WeHo-based activities ever since. By creating Pride Poets, Brian has served thousands of WeHo Pride attendees and WeHo Arts audiences a souvenir that helps give them a fond memory at a West Hollywood event.

The City of West Hollywood’s Rainbow Key Awards, now in its 31st year, began in 1993 with awards to actress Carole Cook and writer-actor Bruce Vilanch. Since the award’s inception, the City has honored 174 individuals and/or groups who have made significant contributions to the LGBTQ+ Community.

These contributions, by an individual or a group, may be in many forms, including the arts, community action, humanitarian action, sports, medicine, armed services, leadership potential, benefit to the global LGBTQ+ community, or other kinds of contribution. Under policies adopted by the City Council in 2022, the LGBTQ+ Commission seeks nominations from the community for Rainbow Key Awardees and reviews applications before making recommendations to the City Council for awardees.

The nomination form asks about each nominee’s impact on the West Hollywood LGBTQ+ community specifically, as well as, if applicable, the global LGBTQ+ community.

Every year, five individuals and/or organizations are recognized with a Rainbow Key Award. Attendance at the Rainbow Key event is not required for a recipient to receive this honor.

The LGBTQ+ Commission, at its April 11, 2024, meeting, selected five recipients for the Rainbow Key Awards. The date for the 2024 Rainbow Key Awards ceremony has not yet been determined, but it is anticipated to take place during fall 2024.

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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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Arizona

GOP punish Dems over ‘drag story hour’ in AZ House basement.

Arizona Republican House Speaker Ben Toma says the Democrats can no longer access the building’s meeting rooms

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A Democratic lawmaker reserved a room in the Arizona House of Representatives’ basement so Planned Parenthood could do a “drag story hour” as part of a stakeholder meeting. The chamber’s Republican leadership has denounced the event, and said Democrats can no longer use meeting rooms in the building. (Screenshot via X/Twitter)

By Jerod MaCDonald-Evoy | PHOENIX, Ariz. – Democratic members of the Arizona House of Representatives are having their privileges to use meeting rooms in the chamber revoked after they used a room in the basement to host a drag story hour alongside Planned Parenthood on Tuesday. 

Rep. Lorena Austin, D-Mesa, the nation’s first nonbinary Chicane legislator, reserved the room so that Planned Parenthood Advocates of Arizona could hold a drag story hour on Tuesday morning. When Republicans, who have spent the last several years crusading against drag and the LGBTQ community, learned about the event, it sparked an outcry. 

“Democrat Rep. Lorena Austin deliberately misled House leadership to reserve a conference room to host a drag story hour with Planned Parenthood,” Speaker Ben Toma said in a post on X, formerly Twitter, Tuesday morning. “Use of House facilities for radical activism to promote dangerously perverse ideology will not be tolerated while I am speaker.” 

Toma went on to say that he ordered that Democratic members have “lost the privilege of accessing House meeting rooms until trust can be restored.” 

Austin requested the use of the room for a Planned Parenthood stakeholder meeting and did not mention hosting a “drag story hour” event, according to House Republican caucus spokesman Andrew Wilder. 

But Austin said the room was reserved for the legislature’s LGBTQ+ Caucus, of which she is a member, to meet with stakeholders on a day when the legislature is not in session.

“It is nothing short of ridiculous that I have been described as dishonest, deceitful and perverse and have been subjected to calls for punishment and expulsion,” Austin said in a statement. “We were completely transparent when we reserved the room, and the content was not, or should not be, controversial. In total approximately 20 people attended (all adults) because the House is currently only conducting business on Wednesdays, and today was a Tuesday.” 

Austin said that the event was “educational and completely within the mission of our LGTBQ+ Caucus,” adding that she will “never apologize for teaching people to be inclusive, to accept others as they are, and to stand up to hate and bigotry.”

The condemnation of Democrats and the drag artist they invited to a meeting stands in stark contrast to the welcome that GOP lawmakers gave last week to anti-abortion activists who crowded the chamber as lawmakers debated — and ultimately passed — a bill to repeal an 1864 near-total abortion ban.

“I also want to address all of you in the gallery. I want to give you a friendly reminder this is not our House, it is your House,” Rep. Rachel Jones, R-Tucson, said April 24 on the House floor when introducing members of an Arizona anti-abortion group that were in the gallery. 

Jones said Tuesday that the drag story hour was a “desecration of the people’s house.” 

“I guess this isn’t the people’s House after all,” House Democratic Whip Nancy Gutierrez said in a statement from House Democrats Tuesday afternoon. “No one was misled about scheduling this event. It was described as a drag story hour when Representative Austin’s assistant called to reserve the room. I was there.” 

Gutierrez said that she and others “listened to a person wearing makeup and a sparkly outfit read a book and some poems about inclusion, acceptance, and LGBTQ history” calling it “lovely, funny and inspiring,” pushing back on claims of it being “perverse” as Republicans have said. 

“We have had anti-abortion activists welcomed into the House to sing and jeer and mock our members, while our entire caucus has been banned from using House conference rooms because of how a person was dressed and what they had to say,” Gutierrez said. “Our leadership and Representative Austin have spoken with Speaker Toma to get the facts on the table and reduce the tension. We are working toward a resolution but are not all the way there yet. We will always stand with our members and constituents in the face of discrimination, and we denounce any kind of knee-jerk retaliation.”

Republican state Sen. Anthony Kern, from Glendale, was the first to post about the event on social media, specifically calling out Toma. Kern is Toma’s opponent in the GOP primary for Arizona’s Eighth Congressional District. 

Kern, who was recently indicted by Arizona Attorney General Kris Mayes for his role in a fake elector scheme, has invited members of his church ahead of key votes on abortion issues where they spoke in tongues on the floor

Drag story hours have become a target of conservative activists and far-right extremists who make dubious claims that the events are meant to “groom” children into accepting LGBTQ beliefs or pedophilia. The attention has led to physical attacks on members of that community as well as other threats of violence

In a statement to the Mirror, Drag Story Hour Arizona, whose organizers have become targets by conservative activists, said they were invited by Austin and Planned Parenthood Advocates of Arizona to the Capitol

“This morning, Drag Story Hour Arizona was invited by Rep. Lorena Austin and Planned Parenthood Advocates of Arizona to present a special story hour for legislators and staffers at the state capitol,” the statement said. “We appreciated the opportunity to meet members of our legislature and educate them about our organization and how we promote inclusive early childhood literacy.”

No children were present at the drag story hour in the House basement on Tuesday.

“The fascism continues at the State House under GOP control,” Rep. Analise Ortiz, D-Phoenix, said on X. “Speaker Toma, Rep. Austin is a duly elected representative of the people who has the same rights as you to welcome community members to THEIR house. This event is hurting no one. Cut the nonsense.”

“This is just another example of Speaker Toma showing how out of touch he is with the values of Arizonans and their support for the LGTBQ community,” Planned Parenthood Advocates of Arizona President and CEO Angela Florez said in a statement to the Arizona Mirror. 

“Let’s be clear, at Planned Parenthood Arizona we are proud to offer gender affirming care services and provide essential health care to everyone. We thank Rep. Lorena Austin for being a staunch ally and her continued support in our fight for reproductive freedom,” Florez said. “We will be sure to invite Speaker Toma to the next Drag Story Hour.”

Kern and Sen. Justine Wadsack, a Republican from Tucson, have both called for ethics complaints to be filed. Wadsack has also said Austin should be expelled. Kern has attempted to pass legislation that would have criminalized drag performances. The measure was vetoed by Gov. Katie Hobbs. Other republicans are also calling for Toma to restrict Austin’s access in the House.

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Jerod MacDonald-Evoy

Reporter Jerod MacDonald-Evoy joined the Arizona Mirror from the Arizona Republic, where he spent 4 years covering everything from dark money in politics to Catholic priest sexual abuse scandals. He brings strong watchdog sensibilities and creative storytelling skills to the Arizona Mirror.

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The preceding article was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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