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U.S. Federal Courts

Lambda Legal: Provide equal restroom access for Florida Trans student

“All students should be treated with respect- All I asked was to be treated the same as other boys and to be recognized for who I am”

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Andrew Adams, his mother Erica Adams Kasper with Lambda Legal attorneys Tara Borelli and Paul Castillo (Photo Credit: Lambda Legal)

ATLANTA — Lambda Legal urged the full panel of the U.S. Court of Appeals for the Eleventh Circuit on Tuesday to affirm a lower court ruling that required a Jacksonville, Florida-area school district to allow a male Trans student, Andrew Adams, to use the restroom that matches his gender.  

“All students should be treated with respect and care in our schools. All I asked was to be treated the same as other boys and to be recognized for who I am, but the school discriminated against me simply because I am Trans,” said plaintiff Andrew Adams, now a college student. “I hope that this court sees this exclusion for what it is, discrimination, with painful consequences.”  

“Today we asked the full Eleventh Circuit to uphold the well-reasoned ruling of the U.S. District Court that treating Andrew Adams differently because he is transgender is discriminatory and unconstitutional,” said Tara Borelli, Senior Counsel, Lambda Legal. “As state legislatures increasingly target transgender youth for clear and harmful discriminatory treatment, we hope that the Eleventh Circuit will continue to stand as a bulwark against these attacks and protect this vulnerable population.” 

Lambda Legal argued that the district court ruled correctly in finding that the school district’s policy to exclude transgender students from the restrooms that match their gender is unlawful because it discriminates based on sex in violation of the Equal Protection Clause of the Fourteenth Amendment, and Title IX of the Education Amendments of 1972.  

Lambda Legal filed the lawsuit on behalf of Adams in June 2017 in the U.S District Court for the Middle District of Florida.  Andrew Adams’ case was the country’s first trial involving a transgender student’s equal access to restrooms.

In July 2018, the district court ordered St. Johns County School District to allow Adams to use the boys’ restroom at Nease High School, like all the other boys. The school district then appealed that ruling to the Eleventh Circuit.  

In August 2020, and again in July 2021, a 3-judge panel from the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court ruling. The full court subsequently vacated the rulings and agreed to hear the case before the full court.  

“I just hope that this Court will put an end to the hurtful discrimination my son was subjected to when the school banned him from the boys’ restrooms. We remain optimistic that our son will prevail, and that a decision in his favor will send a strong message to transgender kids that they are valuable and worthy of equal treatment.” said Andrew’s mother, Erica Adams Kasper. 

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Watch a video about Andrew’s story here:

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U.S. Federal Courts

SCOTUS weighs ban on Affirmative Action, advocates sound alarm

As the Supreme Court weighs a ban on Affirmative Action, advocates say such a ruling would negatively harm campus diversity

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LGBTQ+ students from the University of California at SF Pride 2022 (UC Berkeley photo by Brittany Hosea-Small)

By Peter White | SAN FRANCISCO – The U.S. Supreme Court is expected to rule on two cases this month that could prohibit consideration of race in college admissions, undoing a 45-year history of Affirmative Action dating back to 1978.

Last October, conservative activist Edward Blum, president of Students for Fair Admissions, filed a lawsuit against Harvard claiming it discriminated against Asian-American applicants. Lower courts found no evidence of that claim, and no students testified against the current race-based policies at Harvard or in a separate suit involving the University of North Carolina.

Still, given the Supreme Court’s conservative majority, many expect an end to the policy, which supporters say has helped boost enrollment in colleges and universities for historically underrepresented groups.

“Progressives, patriots, and free thinkers of all colors and creeds and sexual orientations need to unite in the struggle to preserve the core American principles of inclusivity and multicultural democracy,” said civil rights lawyer Lisa Holder, president of the Equal Justice Society (EJS) in Oakland, California.

Holder spoke with reporters last week during a news briefing organized by Ethnic Media Services. She noted Affirmative Action is the best way to undo the historical legacy of inequality and discrimination in higher education, adding that California schools would become more segregated without it.

“We’re looking at apartheid schools where children of color are not getting access to opportunity. That is un-American,” she said. Holder noted the consensus among social scientists that diverse educational environments are 35% more productive than those that are more homogeneous.

Students who testified before the high court in both the Harvard case as well as a separate case involving the University of North Carolina – also filed by Blum’s group – stressed the advantages of being part of a more diverse student body.

Lisa Holder, President of Equal Justice Society (EJS), says that her law students were much more engaged when they were in a diverse classroom setting, while her homogenous classroom didn’t provide the enriching experience of multiple perspectives.

Echoes of Roe v. Wade

In its 1978 Regents of University of California v. Bakke decision, the Supreme Court ruled that schools’ use of Affirmative Action policies to enhance student diversity is constitutional.

Tomas Saenz, president of the Mexican American Legal Defense and Educational Fund (MALDEF) and former member of the Los Angeles County Board of Education – where he served for two decades – worries this current court is poised to overturn that longstanding precedent.

“We don’t know when it will come down,” Saenz said. But given the court’s stated views on race-conscious Affirmative Action policies, he expects the justices will overturn it just as they did with the Dobbs ruling last year overturning Roe v. Wade.

“I consider that to be the likely outcome,” he said, noting the Supreme Court revisited the issue of race conscious Affirmative Action in higher education on three separate occasions. Each time the court majority reasserted that the Bakke precedent continued to be the law.

“So, overturning that precedent would be extraordinary and on a par with the Dobbs decision of last year,” Saenz said.

He also predicted that opponents of Affirmative Action would seek to expand the court’s rationale. “This case will have nothing whatsoever to say about Affirmative Action in employment or contracting. And anyone who asserts otherwise, is misleading you,” Saenz said.

“You will hear folks from the right assert that somehow this Supreme Court decision also means that ethnic studies, even critical race theory, must be eliminated from schools.”  On the contrary, Saenz says the decision will say nothing about curriculum.

Thomas A. Saenz, President and General Counsel of the Mexican American Legal Defense and Educational Fund (MALDEF) says that a ban on Affirmative Action could bring with it misconceptions and over-interpretations about what a ban may include.

Impacts on campus diversity

\John C. Yang, president and CEO of Asian Americans Advancing Justice (AAJC) reiterated that lower courts found no evidence of discrimination against Asian-Americans in Harvard’s admissions process, which is the basis of the lawsuit.

“An admissions process considering race… remains necessary to ensure that equally qualified students from communities of color have the same access as privileged white students,” Yang said.

He noted 28% of the incoming Harvard class are Asian-Americans and their numbers have quadrupled since 1978 when the Bakke decision was issued.

“Any suggestion that somehow Asian-Americans are being discriminated against is just belied by these simple facts,” Yang continued. If Affirmative Action is overturned, he anticipated campus diversity at Harvard would decrease from 14% to 6% for Blacks and from 14% to 9% for Latinos.

“At the end of the day, we have to recognize that we are not in a race-blind society. Our lived experiences should not be up for debate,” Yang said.

John C. Yang, President and Executive Director of Asian Americans Advancing Justice (AAAJ), discusses the impact race has on identity and how it relates to the college admissions process.

What about legacy admissions?

Michele Siqueiros has been supporting greater college access for students of color since 2004, and says it hasn’t been that long since women, Black, Latino, Indigenous and Asian-American students were even permitted to attend universities.

“Affirmative Action alone was never intended to be the panacea,” said Siqueiros, president of The Campaign for College Opportunity, a California-based non-profit.

“We must do everything in our power to provide all students an equal opportunity to pursue a college education,” she stressed, adding that with the anticipated SCOTUS ruling more will need to be done to ensure universities do not discriminate against students of color.

Siqueiros also pointed out that conservative opponents of Affirmative Action have nothing to say about legacy admissions – which can account for a quarter or more of all admissions at Ivy League schools like Harvard – or about recruiters exclusively visiting rich, wealthy, and predominantly white high schools.

“There are a lot of practices in higher education that should be challenged and removed,” said Siqueiros. “It’s really unfortunate that Affirmative Action is the one that’s being attacked today.”

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The preceding article was published as part of an ongoing partnership between Ethnic Media Services and the Los Angeles Blade. For additional information or to learn more about Ethnic Media Services click on the link embedded in the logo above.

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U.S. Federal Courts

Federal Judge rules Tennessee drag ban is unconstitutional

Parker’s ruling comes after a two-day trial. A Memphis based LGBTQ theatre company, Friends of George’s, had sued the state of Tennessee

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U. S. District Court Judge Thomas L. Parker, United States District Courthouse Memphis, TN (Los Angeles Blade photo montage)

MEMPHIS – U. S. District Court Judge Thomas L. Parker of the U. S. District Court for the Western District of Tennessee declared Tennessee’s anti-drag Adult Entertainment Act to be unconstitutional.

Parker’s ruling comes after a two-day trial last month. A Shelby County-Memphis based LGBTQ theatre company, Friends of George’s, had sued the state of Tennessee, claiming the law unconstitutional under the First Amendment.

In April Judge Parker ordered a temporary injunction halting the just enacted Tennessee law that criminalizes some drag performances, hours before it was set to take effect Saturday, April 1. In his 15 page ruling ordering the temporary injunction Parker wrote:

“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. […] The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.”

Attorneys for the theatre company had argued that drag performances were an artform and protected speech under the first amendment.

In his 70 page ruling Friday, June 2, 2023, Parker wrote:

After considering the briefs and evidence presented at trial, the Court finds that—despite
Tennessee’s compelling interest in protecting the psychological and physical wellbeing of
children—the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL restriction on
the freedom of speech
.”

The Court concludes that the AEA is both unconstitutionally vague and substantially
overbroad. The AEA’s “harmful to minors” standard applies to minors of all ages, so it fails to
provide fair notice of what is prohibited, and it encourages discriminatory enforcement. The
AEA is substantially overbroad because it applies to public property or “anywhere” a minor
could be present
.”

Read the entire ruling:

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U.S. Federal Courts

ACLU sues to block Idaho’s ban on health care for trans youth

“This law is a dangerous intrusion upon the rights of Idaho families. Our state should be a safe place to raise every child, including trans”

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James A. McClure Federal Building and United States Court House, Boise, ID (Photo Credit: GSA/U.S. Courts)

BOISE — An Idaho law criminalizing gender-affirming health care for transgender youth is being challenged by families in federal court.

In a lawsuit filed by the American Civil Liberties Union, the ACLU of IdahoWrest CollectivePaul, Weiss, Rifkind, Wharton & Garrison LLP, and Groombridge, Wu, Baughman & Stone LLP, two Idaho families assert that HB 71, signed into law by Governor Brad Little earlier this year, violates the rights of transgender youth and their parents under the U.S. Constitution.

“Being able to live my life as my true self has been a long journey and my medical care has been an important part of that journey. My family, my doctors, and I have worked together to make decisions about my medical care, and it’s shocking to have politicians take those decisions away from us,” said Plaintiff Jane Doe, a 16-year-old transgender girl. “Trans people like myself deserve the same chance at safety and liberty as everyone else, but this law specifically targets us and our health care for no good reason. I’m 16–I should be hanging out with my friends and planning my future instead of fighting my State for the health care I need.”

“This law is a dangerous intrusion upon the rights and lives of Idaho families. Our state should be a safe place to raise every child, including transgender youth, and HB 71 threatens to deny them the safety and dignity they deserve,” said Amy Dundon, Legislative Strategist with the ACLU of Idaho. “We welcome this opportunity to defend the transgender youth of Idaho and their families from this discriminatory political attack and we won’t stop defending them until each one has all the care and support they need to thrive.”

“We are determined to protect the transgender youth of Idaho, their families, and their medical providers from this unjust and dangerous attack on their rights and lives,” said Li Nowlin-Sohl, Senior Staff Attorney at the ACLU’s LGBTQ & HIV Project. “This health care is supported by every major medical organization in the U.S. and is critical for the futures of transgender youth across the state. We will not rest until this unconstitutional law is struck down.”

The challenge filed today is the eighth legal challenge by the ACLU and its nationwide affiliate network so far against a wave of bans targeting health care for transgender youth. The ACLU and the ACLU of Arkansas filed the first such challenge against the first such law in the country in 2021 and similar challenges have been filed in Indiana, Tennessee, Oklahoma, Montana, Kentucky, and Nebraska. 

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U.S. Federal Courts

Southern Utah Drag Stars file lawsuit over drag show permit denial

Plaintiffs argue City of St. George unlawfully discriminated against them in violation of their rights under the U.S. & Utah constitutions

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Screenshot/YouTube FOX 13 News Utah

ST. GEORGE, Utah — Today, the Southern Utah Drag Stars (Drag Stars) filed a lawsuit against the city of St. George, Utah, which denied the organization a special events permit for a family-friendly drag show.

The city’s refusal to grant a permit is part of a years-long effort to target drag performances and LGBTQ+ pride events in violation of the First and 14th Amendments, as well as the Utah Constitution. Legal counsel intends to seek a preliminary injunction to allow Drag Stars to host its family-friendly drag show in June.

On March 3, Mitski Avalōx applied for a City of St. George special events permit to host a family-friendly drag event, Allies & Community Drag Show Festival, at J.C. Snow Park. A few weeks later, the city denied her application, alleging that she violated its advertising ordinance, an obscure local rule which prohibits advertising for special events until the city grants a permit.

The advertising ordinance was not routinely enforced, in part because it is unworkable – permits are typically not issued until the day of or the day before events, making advertising an event practically impossible.

Drag Stars appealed the city’s permit denial and at the hearing at least one city council member acknowledged that the advertising ban is not enforceable, but the city nonetheless denied Drag Stars’ appeal

To make matters worse, while Avalōx’s application was pending, St. George decided to suspend considering any new special event permits for six months, denying Drag Stars the opportunity to submit a new permit application after the initial rejection.

The city later exempted “city sponsored” events from the six month ban on new permit applications, creating a scheme whereby city officials selectively grant permits to favored events while denying all others. St. George’s special events policies discriminate against drag performances and are so opaque that no one can know what is allowed and what is not.

“Requiring drag performers to meet unreasonable standards to receive a permit, or denying them these permits without legitimate justification, is censorship,” said Valentina De Fex, Senior Staff Attorney with the ACLU of Utah. “Our lawsuit challenges the attempt by elected officials, who must uphold the rights guaranteed in the U.S. Constitution and Utah State Constitution, to push subjective viewpoints of what they deem appropriate.” Regarding the impact of this case, De Fex stated, “With this filing we continue our commitment to stop efforts to discriminate against and silence LGBTQ+ and gender-diverse individuals in Utah.”

“Drag is dance, fashion, and music — it is also deeply rooted in political speech — all protected by the First Amendment,” said Emerson Sykes, Senior Staff Attorney with the ACLU Speech, Privacy, and Technology Project. “This is the latest offense in a larger pattern of attacks discriminating against gender-diverse and LGBTQ+ people and their rights in Utah and throughout the country.”

Just last year, lawmakers in six states proposed bills to ban drag. Under some of these bills, a business would be considered a “sexually oriented enterprise” – and therefore be subject to strict zoning requirements and fees – just for letting female comedians wear pants or male magicians grow their hair out. Drag performers and host venues across the country have had no choice but to move to higher security or cancel performances altogether.

Governmental attempts to restrict drag performances claim to protect children from so-called obscene material. However, drag is not obscene, and restricting access to a supportive community only causes more harm to trans and LGBTQ+ youth, who are already at a higher risk of depression and suicide.

“The city of St. George is violating the First Amendment rights of Drag Stars and discriminating against them through a façade of permits and ordinances that have never been applied in this manner with any other group or organization,” said Jeremy Creelan, Partner at Jenner & Block. “LGBTQ+ performers are entitled to protections under the First and Fourteenth Amendments, and we are asking the court to protect these fundamental rights and put a stop to this deeply troubling attack on free expression.”

https://www.youtube.com/watch?v=hQm_BYB9rjc

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U.S. Federal Courts

ACLU to file lawsuit against Texas trans youth healthcare ban

Bans like SB14 are opposed by the American Medical Association, the American Psychological Association, & the American Academy of Pediatrics

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United States Federal Courthouse, Austin Texas (Photo Credit: U.S. Courts/GSA)

AUSTIN, Texas – Lambda Legal, the American Civil Liberties Union, the American Civil Liberties Union of Texas, and Transgender Law Center today pledged to file a lawsuit against a sweeping new law banning transgender youth from accessing medically necessary health care that the Texas Legislature passed today.

Texas Senate Bill 14 bans the only evidence-based care for gender dysphoria for transgender people under 18 and aims to strip doctors of their medical licenses for providing their patients with the care they know to be medically necessary. Texas lawmakers have ignored the warnings of transgender youth, their families, and the medical establishment about the harms of this law. Similar restrictions in Alabama and Arkansas have been enjoined by federal courts, and legal advocates have filed challenges in federal court to bans enacted in Oklahoma, Tennessee, and Montana. A state court judge in Missouri recently blocked enforcement of the Missouri attorney general’s emergency order blocking the provision of gender-affirming care.

The LGBTQ legal advocates today issued the following joint statement:

“We will be filing a lawsuit to protect transgender youth in Texas from being stripped of access to health care that keeps them healthy and alive. Coming on top of the effort last year to classify providing medically necessary and scientifically proven care to transgender youth as child abuse and threatening to tear Texas families with transgender children apart, an effort currently blocked in state court, Texas lawmakers have seen fit to double down.

“They are hellbent on joining the growing roster of states determined to jeopardize the health and lives of transgender youth, in direct opposition to the overwhelming body of scientific and medical evidence supporting this care as appropriate and necessary. Transgender youth in Texas deserve the support and care necessary to give them the same chance to thrive as their peers. Medically necessary health care is a critical part of helping transgender adolescents succeed in school, establish healthy relationships with their friends and family, and live authentically as themselves. We will defend the rights of transgender youth in court, just as we have done in other states engaging in this anti-science and discriminatory fear-mongering.”

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U.S. Federal Courts

ACLU challenges Mississippi high school over trans grad’s dress

ACLU Challenges Mississippi High School’s Refusal to Let Transgender Student Wear Dress to Graduation Ceremony

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Harrison Central High School Gulfport, MS./Facebook

JACKSON, Miss. — The American Civil Liberties Union and the ACLU of Mississippi have filed a lawsuit against Harrison County School District (HCSD) after school officials told a graduating transgender student she could not wear a dress or heeled shoes to her graduating ceremony as requested by her and her parents.

L.B. is a transgender girl and graduating senior of the class of 2023 at Harrison Central High School. She has been looking forward to finally walking across the stage at her high school graduation this Saturday, May 20, and picked out a dress and pair of heeled shoes months ago to wear under her traditional cap and gown in accordance with the school’s dress code for female students. On May 9, L.B. and her parents were informed by Principal Kelly Fuller that the school would enforce the male dress code against L.B. In a call with L.B.’s mother, Harrison County School District Superintendent Mitchell King said that L.B. “needs to wear pants, socks, and shoes like a boy” in statements that repeatedly misgendered her.

The superintendent cited a written dress code policy, distributed last week, that requires girls to wear white dresses and boys to wear black suits. There is no reported enforcement of this policy against students who are not transgender and school officials have not taken any steps to check the planned outfits for other students.

“My graduation is supposed to be a moment of pride and celebration and school officials want to turn it into a moment of humiliation and shame,” said L.B., a senior at Harrison Central High School. “The clothing I’ve chosen is fully appropriate for the ceremony and the superintendent’s objections to it are entirely unfair to myself, my family, and all transgender students like me. I have the right to celebrate my graduation as who I am, not who anyone else wants me to be.”

“It’s deeply offensive the school would choose to take a celebration of our daughter and her accomplishments and attempt to ruin it with such discriminatory action,” said Samantha, mother of L.B. “Like any parent of a graduating senior, we’re eager to see L.B. cross this critical threshold and enter a new stage of her life, but the superintendent is threatening this once-in-a-lifetime moment for our family. We’re so proud of our daughter and are determined to protect her from this baseless attack on her rights and her identity.”

“L.B. should be focused on celebrating this important milestone alongside her peers; however, this targeted attack by the leaders of the Harrison County School District seeks to strip her of her right to celebrate this occasion as her true self,” said McKenna Raney-Gray, staff attorney at the ACLU of Mississippi. “While we are deeply disappointed in the conduct of the Harrison County School District, we remain committed to defending the rights and autonomy of trans youth across the state, and hope that the court agrees that all students in Mississippi have the right to live as their authentic selves.”

The lawsuit, filed today in federal court, seeks an immediate temporary restraining order allowing L.B. to wear her chosen outfit. 

The complaint can be found here and TRO motion can be found here.

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U.S. Federal Courts

Parents file emergency order to block Florida trans youth care ban

Families added a challenge to SB 254 to pending lawsuit against the bans issued by the state’s Boards of Medicine and Osteopathic Medicine

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U.S. Federal Courthouse in Tallahassee (Screenshot/YouTube)

 TALLAHASSEE – Three Florida parents have asked a federal court to issue a temporary restraining order immediately blocking enforcement of SB 254, which Governor DeSantis signed into law Wednesday.

The families, who have a pending challenge to the state Boards of Medicine and Osteopathic Medicine rules banning established medical care for their children and other transgender adolescents are also challenging provisions in SB 254 that codify those rules into state law, add criminal and civil penalties, and create additional barriers for families with transgender adolescents.

Advocates for the families will be in court on Friday to argue their motions to temporarily block the Boards of Medicine rules and the healthcare ban provisions in SB 254 so that they can get their children urgently needed medical care as the case continues.

The families are represented by Southern Legal Counsel, GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and the Human Rights Campaign, which issued the following statement:

This is a state of emergency for Florida parents, who are already being forced to watch their kids suffer rather than get them the safe and effective healthcare they need and that will allow them to thrive. Today, Governor DeSantis doubled down on the nightmare created by the Florida Boards of Medicine rules by signing SB 254 into law. 

This law ignores science, unconstitutionally inserts the state into family privacy and parental decision-making, deliberately provokes family conflict by inviting challenges to established custody orders, and tramples on the rights and wellbeing of transgender adolescents. 

We are asking the court to take swift action to block the ban on access to essential healthcare in SB 254, as well as the Boards of Medicine bans, to stop further harm to transgender youth and their families while the plaintiffs’ case continues.

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U.S. Federal Courts

Rep. George Santos indicted on 13 federal criminal counts

Santos & an unnamed “political consultant” illegally redirected campaign donations to cover personal expenses like “luxury designer clothing”

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U.S. Rep. George Santos (R-N.Y.) (Screenshot/YouTube NBC News)

WASHINGTON – Republican U.S. Rep. George Santos (N.Y.) was indicted Wednesday by the U.S. Attorney’s Office for the Eastern District of New York on 13 criminal counts of fraud, money laundering, theft of public funds, and making false statements.

The congressman is expected to be arraigned later today. For several months, investigators from multiple law enforcement agencies have been looking into allegations that he violated campaign finance laws and committed other financial crimes.

Beginning shortly after Santos took office, news reports revealed that he had lied about vast swaths of his life and career, fabricated stories – claiming, for example, to have survived an assassination attempt – and engaged in various schemes.

Wednesday’s indictment alleges that Santos and an unnamed “political consultant” illegally redirected donations that were supposed to support his Congressional race to instead cover personal expenses like “luxury designer clothing and credit card payments.”

The charging documents also accuse Santos of falsely claiming to be unemployed to pocket $20,304 in unemployment insurance benefits from the state of New York and $24,744 from the federal Coronavirus Aid Relief and Economic Security Act while he was actually working for a Florida investment firm, earning an annual $120,000 salary.

Additionally, prosecutors say Santos lied on federal disclosure documents required for every member of Congress.

Calls for Santos’s expulsion from Congress were renewed with the news of Wednesday’s indictment.

“That’s something for the House conference to decide on,” White House Press Secretary Karine Jean-Pierre told reporters during Wednesday’s briefing. “They want to show the American people what their conference looks like; that’s up to them.”

House Democratic Caucus Chairman Rep. Pete Aguilar (Calif.) said, “there is there is one person who can make this change: Speaker McCarthy.”

“It’s just an unfortunate thing that that we’re all colleagues together, and this level of fraud that’s been perpetrated on the people of New York,” Aguilar added.

For his part, McCarthy told CNN Santos “will go through his time in trial, and let’s find out how the outcome is,” while Rep. Steve Scalise, the House majority leader, made similar comments during a press conference, telling reporters: “In America, there’s a presumption of innocence, but they’re serious charges. He’s going to have to go through the legal process.” 

UPDATED:

Santos, 34, was released from custody following his arraignment at a Long Island federal courthouse, about five hours after he surrendered to authorities, The Associated Press reported.

The New York Times noted that his lawyer discussed his intent to seek re-election as part of the bail setting and said that he would need the ability to leave the state “to engage in that election activity.”

The judge permitted additional travel, so long as Santos received prior authorization from court officials. Santos was released on the $500,000 bond secured by three individuals, whose identities are not public. He will be confined to New York, Washington, D.C., and places in between.

Facing reporters in a press conference after the afternoon hearing on the steps of the courthouse at 100 Federal Plaza in Central Islip on Long Island, Santos said: “It’s a witch hunt because it makes no sense that in four months, four months — five months, I’m indicted.” The embattled congressman then tried to deflect by comparing his legal difficulties to the Hunter Biden investigation which prompted onlookers to boo him.

Media Matters senior researcher Jason S. Campbell captured a portion of the video and tweeted it:

Journalist Aaron Rupar also tweeted portions of the press conference:

Read the indictment here: (link)

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U.S. Federal Courts

GOP Rep. George Santos charged by Justice Department in probe

House Speaker Kevin McCarthy said he will look at the charges before determining if he thinks Santos should be removed from Congress

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George Santos (Photo Credit: Devolder-Santos for Congress)

NEW YORK – Federal prosecutors have charged Out New York U.S. Representative George Santos with criminal violations of federal statutes.

Originally reported by CNN Tuesday, the exact nature of the charges couldn’t immediately be learned but the FBI and the Justice Department public integrity prosecutors in New York and Washington have been examining allegations of false statements in Santos’ campaign finance filings and other claims.

CNN also reported that the congressman’s attorney declined to comment. Spokespeople for the Brooklyn US Attorney’s Office, the Justice Department and the FBI also declined to comment.

Congressman Santos is expected to appear as soon as Wednesday at the Theodore Roosevelt Federal Courthouse in the civic center of Brooklyn, where the charges have been filed under seal.

Santos has been under fire for months after a series of exposés revealed the congressman has lied about virtually every aspect of his biography. Additionally, a complaint filed with the Federal Election Commission by the nonpartisan Campaign Legal Center alleges a wide scope of campaign finance law violations by the openly gay freshman lawmaker and his 2022 campaign committee, Devolder-Santos for Congress.

Allegations of campaign financial malfeasance is thought to have triggered the federal probe by the U.S. Attorney for the Eastern District of New York and the New York Field Office of the Federal Bureau of Investigation.

The U.S. House Ethics Committee on announced in March that it had voted unanimously to open an investigation of Santos over the allegations of financial and an incident of sexual misconduct.

The subcommittee’s inquiry will evaluate whether the embattled congressman’s required financial disclosures as a candidate contained illegal omissions or conflicts of interest, as well as an allegation by an applicant to his congressional office that Santos made unwanted sexual advances towards him.

U.S. House Speaker Kevin McCarthy said he will look at the charges before determining if he thinks Santos should be removed from Congress.

“I’ll look at the charges,” the California Republican told CNN on Tuesday.

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U.S. Federal Courts

ACLU & Lambda Legal sue Oklahoma over trans healthcare ban

The law now makes it a felony for physicians to provide trans youth with treatments that can include puberty-blocking drugs and hormones

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Page Belcher Federal Building & U.S. Courthouse, Tulsa, Oklahoma (Photo Credit: U.S. Courts/GSA)

TULSA – In a lawsuit filed Tuesday in the United States District Court for the Northern District of Oklahoma, the American Civil Liberties Union, the ACLU of Oklahoma, Lambda Legal, and the law firm Jenner & Block LLP are challenging a new law criminalizing age-appropriate medical care for transgender adolescents signed by Republican Governor Kevin Stitt Monday.

Stitt signed Senate Bill 613, a law that will result in criminal penalties for medical professionals providing gender-affirming healthcare for minor patients. The law now makes it a felony for physicians to provide trans youth with treatments that can include puberty-blocking drugs and hormones.

With Stitt’s signature, Oklahoma became the 16th state to ban trans youth from gender-affirming healthcare: Alabama, Arkansas, Arizona, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Montana, North Dakota, Oklahoma, Tennessee, Utah, South Dakota and West Virginia.

In Alabama and Arkansas, federal judges have issued injunctions blocking enforcement of those state’s laws. In Missouri on Monday, Attorney General Andrew Bailey is still blocked from enforcing an emergency rule limiting gender-affirming care after a St. Louis County circuit court judge granted a 14-day temporary restraining order.

In the lawsuit, a group of families with transgender adolescents and medical providers who support trans youth assert SB 613 unjustly and unfairly targets them and gender-affirming health care in violation of their rights under Equal Protection Clause of the 14th Amendment.

In September 2022, Oklahoma state legislators threatened to withhold COVID relief funding from Oklahoma University hospitals if they did not end their program supporting transgender youth. In March 2023, the Oklahoma legislature censured Rep. Mauree Turner, the state’s only openly nonbinary lawmaker.

Such restrictions are opposed by leading medical experts and organizations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. According to the Williams Institute of UCLA, there are an estimated 2,600 transgender youth ages 13-17 in Oklahoma.

“Every Oklahoman should have the freedom to access the care they need to survive and thrive, but once again, instead of deciding to boldly lead our state, Governor Stitt and members of the legislator have decided to risk the lives of one of our most vulnerable populations, to score political points with their base,” said Megan Lambert, ACLU of Oklahoma Legal Director. “Oklahoma consistently ushers in the bottom of almost every list nationwide, from education and incarceration to healthcare and privacy, but lawmakers choose to spend their time pushing dangerous rhetoric on topics they know nothing about and attacking transgender children, instead of addressing the real issues Oklahomans face day to day. We all deserve the freedom to control our bodies and seek the healthcare we need, including gender-affirming care. The ACLU of Oklahoma and our partners have warned lawmakers that we will take swift action on any ban on gender-affirming care signed into law, and today is the day we make good on that promise.”

“This law is a dangerous attack on the rights of families and their transgender youth who call Oklahoma home,” said Harper Seldin, Staff Attorney for the ACLU’s LGBTQ & HIV Project. “Governor Stitt and the politicians targeting trans youth have ignored the voices of parents, medical providers, and transgender youth themselves, instead choosing to put their politics between doctors and their patients. We’re confident the state will find itself completely incapable of defending this law in court and welcome the opportunity to fight for the safety, dignity, and equality of trans Oklahomans.”

“Based on nothing but animus towards transgender people and a campaign of misinformation and disinformation, Oklahoma officials have decided to prohibit the provision of necessary, safe, and effective evidence-based medical care for trans adolescents in Oklahoma. These actions risk the health, well-being, and very lives of trans youth in the Sooner State,” said Omar Gonzalez-Pagan, Counsel and Health Care Strategist at Lambda Legal. “We will not stand idly by as discriminatory laws endanger our community. Trans youth in Oklahoma and elsewhere deserve no less. We are proud to represent, alongside our co-counsel, these five courageous families and a caring doctor, who together are standing up for their rights.”

“SB 613 is an unconstitutional law that singles out transgender adolescents and discriminates against them and their families by banning necessary medical care and treatment,” said Laurie Edelstein, a partner at Jenner & Block. “We are asking the court to block enforcement of SB 613 and protect the fundamental rights of transgender adolescents and their families to access appropriate medical treatment so that transgender adolescents have the same opportunity as their peers to thrive in their families, with their friends, in school, and in their communities.”

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