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New Public Justice President ‘sickened’ by anti-Trans attacks

‘This is a critical moment for our country & Public Justice has a pivotal role to play in addressing it’

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Dan Bryson courtesy of Public Justice

By Karen Ocamb | OAKLAND, Ca. – Native North Carolina attorney Dan Bryson loves people and emphatically hates discrimination. He still experiences a PTSD gut-punch whenever he recalls the national trauma visited on his beloved state in 2016 by rightwing conservatives ruthlessly seeking crass political power at the expense of the LGBTQ community through House Bill 2 (HB2), The Public Facilities Privacy & Security Act, otherwise known as the anti-transgender “bathroom bill.”

“What absolutely just repels me to my very core throughout my whole life is discrimination of any type. Whatever it is, it sickens me and I don’t understand it. I really don’t understand why every single human being on this planet can’t treat every other single human being with the respect and professionalism and love that they deserve,” Bryson says. “[HB2 was] the worst thing ever. It makes my hair go on fire to this day.”

It is this visceral commitment to LGBTQ equality that Bryson, a founding partner at the global law firm of Milberg Coleman Bryson Phillips Grossman, is expected to bring to his new post as President of Public Justice, the national nonprofit legal advocacy organization based in Washington DC and Oakland, California. His personal response to HB2 also illustrates his desire to find creative ways to engage others in discussions aimed at the public interest. Not only did Bryson financially contribute to those who opposed HB2, he commissioned artists to paint a mural on the wall of his office building opposite a popular restaurant in Raleigh, North Carolina. 

“There is a big heart right in the middle, like a Valentine heart,” he says. “And on the sides are a number of arms reaching to try to get to the heart. Some are white, some are Black, some are green — they’re all different colors. The clothing on the arms may be female, may be male clothing. You just don’t know. But the point is that everyone is just to trying to find love — and why couldn’t we be a little bit more accepting as a society?”

Courtesy of Dan Bryson

While HB2 impacted him personally, Bryson’s deep commitment to civil rights actually reflects the work Public Justice has done throughout its almost 40-year history. To paraphrase a protest poster during the George Floyd demonstrations, Public Justice has been supportive of civil rights even “when it’s not trending.” Adele Kimmel, Director of Public Justice’s Students’ Civil Rights Project, for instance, is a widely recognized litigator on gender and sexual violence and the legal intricacies of Title IX. She has educated youth, families, school officials and other lawyers on how to use Title IX of the Education Amendments of 1972 to stop bullying of LGBT students. 

Along with Public Justice Kazan Budd Attorney Alexandra Brodsky, she represents out gay retired Army Major Steve Snyder-Hill in his sexual abuse lawsuit against Ohio State University and, in a case challenging former Secretary of Education Betsy DeVos’s revised Title IX rules, represents Berkeley High School students, including nonbinary students, who are seeking to reverse DeVos’s changes, which significantly rolled back many protections for students.

Public Justice also teamed up with the National Women’s Law Center, Lambda Legal, the National Center for Transgender Equality and 46 other organizations and individuals in a 2017 campaign to reach the Departments of Education in each state telling them to properly follow federal law – and protect transgender students – or risk litigation. 

“Schools that discriminate against transgender students, such as by denying them access to bathrooms and other single-sex facilities that correspond with their gender identity or failing to protect transgender students from harassment, are violating Title IX and the Constitution’s Equal Protection Clause,” the letter read in part. “Schools are obligated to protect transgender students in compliance with the law, regardless of whether they face legal recourse from the federal government. And when schools fail to comply with the law, they will continue to be subjected to lawsuits filed by and on behalf of aggrieved students.” 

Public Justice also strongly supports the Equality Act , has spoken out against the Republican wave of anti-trans bills, and works with civil rights coalition members such as The Leadership Conference, the Human Rights Campaign, as well as local groups such as the San Francisco-based Equal Rights Advocates. 

Under Bryson, fighting systemic oppression is only going to get deeper. “This is a critical moment for our country and Public Justice has a pivotal role to play in addressing it. As [recent Public Justice “Champion of Justice” honoree] Ben Crump’s own work shows, attorneys can be an essential part of addressing and ending injustice in America. That’s what this organization is all about and every aspect of our work aims to move us forward to a better, more equitable society and justice system,” Bryson told the audience during the organization’s recent gala. “As a North Carolinian, I’ve seen the impact of ugly, hateful laws up close. We fought hard in my home state to battle the so-called transgender ‘bathroom law’ and we’re fighting equally hard at Public Justice to take on the despicable effort to deny transgender athletes an opportunity to participate in school athletics.…. As President, I look forward to working with the staff to continue that expansion and maximize the impact of our work to tear down systemic injustice and work for a legal system – and a country – that is fairer, more inclusive and more equitable for all.”

Karen Ocamb, is the Director of Media Relations for the Oakland, California based Public Justice.

Public Justice is a national nonprofit legal advocacy organization. They protect consumers, employees, civil rights & the environment.

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U.S. Federal Courts

Senator Wiener’s Net Neutrality law is upheld by Federal appeals court

Supporters of the California law were enthusiastic over the 9th Circuit’s decision including the current Chair of the FCC

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Los Angeles Blade graphic

SAN FRANCISCO – In a unanimous decision Friday, the United States Court of Appeals for the Ninth Circuit published a ruling upholding SB 822, California’s Net Neutrality law. Out State Senator Scott Wiener, (D-SF) authored SB 822 in 2018, and Governor Jerry Brown signed it into law. It has undergone multiple legal attacks from the telecom and cable industries and from the Trump Administration. 

“Today marks a huge win for a free and open internet. California’s Net Neutrality law was enacted in 2018, and remains the strongest in the nation. This is a victory for everyone who uses the internet – who needs it for work, school, or simply connecting with family and friends. Given the importance of the internet in our society – now more than ever – this is a landmark day for our state,” Wiener said in a statement released by his office.

During oral arguments from the telecom and cable industries before a panel of the 9th Circuit, their lawyers appealed a decision from February of 2021 where a U.S. District Court judge denied their request to issue a preliminary injunction against the law.

Tech reporter Andrew Wyrich writing for The Daily Dot noted at the time:

A federal judge denied a request by groups representing internet service providers (ISPs) on Tuesday to issue a preliminary injunction against California’s net neutrality law.

Lawyers for both California and the trade groups went back-and-forth before Judge John A. Mendez on Tuesday, arguing both for and against the state’s law, which has been hailed as the “gold standard” for states to follow because it goes further than the Federal Communications Commission’s (FCC) 2015 Open Internet Order, which established net neutrality rules.

While the Department of Justice (DOJ) withdrew from its lawsuit challenging California’s law earlier in February, the trade groups continued its lawsuit. The DOJ filed a lawsuit against California over the law in 2018 during the Trump administration.

Supporters of the California law were enthusiastic over the 9th Circuit’s decision including the current Chair of the Federal Communications Commission, Jessica Rosenworcel, who tweeted; “When the last Administration rolled back #NetNeutrality rules, states stepped into the void and put in place their own policies. Today the 9th Circuit upholds California’s effort. It’s good news. I support Net Neutrality and we need once again to make it the law of the land.”

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Florida

Florida school district removes 16 books after complaints

The decision came after the County Citizens Defending Freedom, an ultra-conservative, Christian group, complained about the book

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Screenshot via WFLA NBC 8 Tampa

BARTOW, Fl. – Polk County Public Schools (PCPS) Superintendent Frederick Heid asked middle and high schools in the Florida county to remove 16 books, many of which deal with LGBTQ themes or racism, from libraries after a conservative political group complained that they contained pornographic materials. 

The Lakeland Ledger reported that Heid sent an email Monday to middle and high school principals and librarians that said a “stakeholder group” alleged that the books violate a Florida law banning the distribution of obscene or harmful materials to children. 

“While it is not the role of my office to approve/evaluate instructional or resource materials at that level, I do have an obligation to review any allegation that a crime is being or has been committed,” Heid wrote. “It is also my obligation to provide safeguards to protect our employees. The district will be taking the following steps to ensure that we address this issue honestly, fairly, and transparently.” 

In an email, PCPS spokesperson Jason Geary said the books had been placed “in quarantine,” according to the newspaper. 

“It is important to note that these 16 books have NOT been censored or banned at this time,” he said. “They have been removed so a thorough, thoughtful review of their content can take place.” 

Geary added that the “process is traditionally done at the individual school level. However, copies of some of the named titles are currently housed in multiple secondary school media centers, so this review will be conducted at the district level. It is important to note that these books will not be available during this period of review.”

The decision comes after the County Citizens Defending Freedom (CCDF-USA), an ultra-conservative, Christain group, complained to Heid about the books. 

“CCDF-USA believes the content within the pages of these books is not appropriate for distribution to minors, especially in a public-school library,” read a statement from the group responding to articles by the Ledger and LkldNow

As listed by the Ledger, the books are: 

“Two Boys Kissing” by David Levithan

“The Kite Runner” by Khaled Hosseini 

“Extremely Loud and Incredibly Close” by Jonathan Safran Foer 

 “Thirteen Reasons Why” by Jay Asher 

“The Vincent Boys” by Abbi Glines 

“It’s Perfectly Normal” by Robie Harris and illustrated by Michael Emberley

“Real Live Boyfriends” by E. Lockhart 

 “George” by Alex Gino 

“I am Jazz” by Jessica Herthel and Jazz Jennings

“Drama” by Raina Telgemeier

“Nineteen Minutes” by Jodi Picoult

“More Happy Than Not” by Adam Silvera

“Beloved” by Toni Morrison 

“The Bluest Eye” by Toni Morrison 

“Tricks” by Ellen Hopkins

“Almost Perfect” by Brian Katcher

Many of the above books – including “I am Jazz,” “Two Boys Kissing” and “It’s Perfectly Normal” – deal with LGBTQ themes and characters. In addition, Toni Morrison, included twice on the list, is a world-renowned author whose award-winning books deal with racism. 

In its statement, the CCDF-USA acknowledged that the books “have been written by award-winning authors and produced by renowned publishers.” However, “the issue at hand is the content of the books in question describing in graphic detail several sensitive topics including sexual assault, rape, failure to address mental illness as a cause of suicide, racism, incest, child molestation, offensive language, sexually explicit material, bestiality, necrophilia, infanticide, and violence,” the group wrote. 

The news comes as Florida’s state legislature is pushing through a bill that critics say would simply empower homophobic parents to challenge reading materials that contain affirming LGBTQ+ characters or content.

“The authoritarian march toward DeSantis’ Surveillance State of Florida continues as GOP leaders hijack an unrelated bill to try and force costly book banning onto Floridians,” Equality Florida Press Secretary Brandon J. Wolf told the Blade in an email. “We should be using state funding to fill our public schools’ bookshelves with resources to expand the knowledge and wonder of our youth, not emptying them out through government censorship.”

Conservatives across the country are attempting to ban books in schools that deal with LGBTQ issues and racism. 

Last December, the American Library Association (ALA) announced that it had documented 155 separate incidents of efforts to remove or ban books by or about LGBTQ+ and Black people since June 2021.

The ALA noted that the groups and people trying to ban such books “falsely [claim] that these works are subversive, immoral, or worse, these groups induce elected and non-elected officials to abandon constitutional principles, ignore the rule of law, and disregard individual rights to promote government censorship of library collections.”

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Indiana

Indiana anti-Trans sports bill passes House

If passed Indiana would become the 11th state to ban Trans students from playing sports in accordance with their gender identity

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Indiana State Capitol building (Photo Credit: Library of Congress)

INDIANAPOLIS – Lawmakers in Indiana’s House voted Thursday to advance a bill that would ban Trans women and girls from participating in K-12 school sports that align with their gender identity. 

House Bill 1041, which passed the Republican-dominated House by a 66-30 vote, takes aim at Trans women and girls but does not prevent trans men from playing on men’s sports teams. 

Initially, the bill would have also banned trans women from playing sports at a collegiate level, but a Monday amendment took out language regarding post-secondary institutions. 

The legislation now heads to the state Senate, which is also controlled by conservatives. 

The bill cleared the House Thursday, even as Democratic lawmakers and LGBTQ+ advocates in the state denounced the measure as unconstitutional and transphobic. 

“This bill is not only unconstitutional, it sends a cruel message to vulnerable trans kids that they are not welcome or accepted in their communities,” tweeted the American Civil Liberties Union (ACLU) of Indiana, adding that it “will continue to fight every day to ensure this discriminatory ban never sees the light of day.”

Indiana Democrats made similar arguments during Thursday’s brief debate on the bill, adding that the Indiana High School Athletic Association already has a policy in place surrounding trans participation in sports. The rules require that Trans girls complete “a minimum of one year of hormone treatment related to gender transition” or undergo “a medically confirmed gender reassignment procedure.”

“When we pass laws on issues like this, we are usually trying to put an end to discrimination,” said state Rep. Tonya Pfaff (D-43). “This law puts discrimination into Indiana law.”

State Rep. Matt Pierce (D-61) contended that the proposal was a waste of time and that Republicans were hypocritical for believing in small government and introducing this legislation. “Well, what are you doing with this bill?” he asked his colleagues. 

Proponents of the bill argue it is about “protecting” the integrity in women’s sports, seeing Trans people as having an “unfair” advantage over cisgender peers. 

“I know from experience that female athletes deserve fair competition and an even playing field, and this bill ensures just that — a fair opportunity,” said state Rep. Michelle Davis (R-58), who authored the legislation. 

The Associated Press reported that Senate President Pro Tem Rodric Bray (R-37) said Republican senators hadn’t yet discussed whether they would take up the House proposal. 

“It’s a fairness for young ladies who are trying to compete and, at least to some folks, it doesn’t feel fair if you allow somebody who at least started out as a male to go in and compete with them in the same sport, so that’s an issue that has some folks’ interest over here,” he said.

If passed, Indiana would become the 11th state in the country to ban Trans students from playing sports in accordance with their gender identity. However, the Movement Advancement project notes that temporary injunctions block enforcement of such bans in two states: Idaho and West Virginia. 

The ACLU of Indiana has maintained that it will file a lawsuit if the bill is signed into law.

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