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Homeland Security: Anti-LGBTQ threats are rising, intensifying

The Williams Institute reported in 2022 that “LGBT people [are] nine times more likely to be victims of violent hate crimes”

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Homeland Security Secretary Alejandro Mayorkas (Screenshot/YouTube C-SPAN)

WASHINGTON – Violent threats against the LGBTQ community are rising and intensifying according to data from a document by the U.S. Department of Homeland Security that was shared with law enforcement and government agencies on May 11.

“These issues include actions linked to drag-themed events, gender-affirming care, and LGBTQIA+ curricula in schools,” the agency said.

DHS also warned of the potential that these threats may lead to a rise in attacks against LGBTQ public spaces and healthcare sites, just as Pride celebrations across the country are slated to begin in June.

According to the agency, data from the FBI’s hate crime statistics indicates that 20 percent of those committed in 2021 were motivated by bias linked to sexual orientation and gender.

The Williams Institute of the UCLA School of Law reported in 2022 that “LGBT people [are] nine times more likely than non-LGBT people to be victims of violent hate crimes.”

The Armed Conflict Location and Event Data Project, a group that describes itself as “a disaggregated data collection, analysis, and crisis mapping project,” found that anti-LGBTQ incidents including “demonstrations, acts of political violence, and the distribution of offline propaganda — have more than tripled from 64 events in 2021 to 193 events in 2022 as of mid-November.”

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Minnesota

Minnesota bans Gay & Trans Panic Defense

“Gay and trans panic defenses are based on irrational fears and prejudice and they imply that violence against LGBTQ+ people is acceptable”

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Minnesota Governor Tim Walz speaking at Twin-Cities Pride in 2023. (Photo Credit: Office of the Governor/Facebook)

By Erin Reed | St. PAUL, Minn. – On Friday, Minnesota Governor Tim Walz signed into law HF5216, a judiciary, public safety, and corrections supplemental budget bill that includes a ban on the gay and trans panic defense.

The law, which narrowly passed the Senate on a party-line 34-33 vote, prohibits individuals who commit violence against gay or trans people from using their surprise at the victim’s identity as a justifiable reason for their actions. This defense has been used at least 351 times in homicide trials, according to researchers, and has often led to reduced sentences. Now, Minnesota becomes the 19th state to bar such defenses.

The bill states that the use of force against a person in reaction to their sexual orientation or gender identity is prohibited. It also specifies that it is not a defense to any crime that the defendant acted “based on the discovery of, knowledge about, or disclosure of” a victim’s LGBTQ+ status. Such defenses have been used previously to justify violence against transgender people who do not disclose their gender identity to an intimate partner, romantic partner, or even during mere flirtation.

You can see the applicable provisions in the new law here:

The transgender panic defense, according to one study, has been used at least 351 times. W. Carsten Andresen, a professor who has tracked instances where the gay and trans panic defenses have been used, states that the defense has been effective. In 32% of cases, murder charges have been reduced in sentence when the defense is used, and 5% of people who use the defense are acquitted entirely. Andresen notes that this is notable given that these murders often “involve incredible violence.”

The defense has been implicated in high-profile cases. In 2013, James Dixon killed Islan Nettles, a Black transgender woman, in Harlem after his friends mocked him for flirting with her. He informed police that he had “flown into a fury” after discovering her gender identity. Ultimately, he received only 12 years in prison, with activists and family members saying that the sentence was made more lenient due to justifications that implicate the transgender panic defense.

In recent years, there has been a push to outlaw such defenses. New Hampshire and Delaware outlawed the defense in 2023, and New Mexico banned it in 2022. Efforts to outlaw the defense have failed, however, in more conservative states such as Montana, where transgender legislator Rep. Zooey Zephyr’s bill was defeated 11-8, with Republicans voting against the bill while Democrats voted in favor. Similar bills failed in Arizona, Florida, Oklahoma, and Wisconsin this year, with Michigan’s bill pending action but not yet passed.

You can see a map of the legal status of panic defenses here:

Movement Advancement Project. “Equality Maps: Panic Defense Bans.” https://www.lgbtmap.org/equality-maps/panic_defense_bans.

In the Minnesota Senate, the bill passed 34-33 on party lines. “Gay and trans Minnesotans deserve the same protections under the law as all our neighbors receive,” said Demcoratic Senator Westlin after the bill’s passage, adding, “Gay and trans panic defenses are based on irrational fears and prejudice toward LGBTQ+ people, and they imply that violence against LGBTQ+ people is acceptable under certain conditions. I am proud to see our state continue to protect LGBTQ+ Minnesotans, especially when they are victims of violent crime.”

The new law will go into effect August 1st, 2024.

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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

Federal judge may delay Alabama’s trans medical care ban trial

The law makes it a felony, punishable by 10 years in prison, for physicians to prescribe puberty blockers or HRT to trans youth under age 19

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The Frank M. Johnson Jr. Federal Building and United States Courthouse in Montgomery, Alabama, seen on January 24, 2023. (Brian Lyman/Alabama Reflector)

By Jemma Stephenson | HUNTSVILLE, Ala. – A federal judge this past Thursday weighed arguments on whether to move to a trial over Alabama’s ban on gender-affirming medical care for individuals under the age of 19. 

During a roughly three-and-half-hour hearing Thursday, attorneys for the state and for transgender children and their families suing over the law considered the merits of moving forward while circuit courts around the country consider similar laws with different conclusions, and whether a trial over Alabama’s law could move forward as planned or be delayed.

Alabama’s 2022 law makes it a felony, punishable by up to 10 years in prison, for physicians to prescribe puberty blockers or hormones to transgender youth under the age of 19. SB 184, sponsored by Sen. Shay Shelnutt, R-Trussville, also banned reconstructive surgery and genital surgeries on minors, which providers have stressed do not happen in Alabama.

The families that filed suit said the ban would jeopardize the physical and psychological health of their children. The state repeatedly questioned the effectiveness of the treatments. 

Following a two-day hearing in 2022, U.S. District Judge Liles C. Burke issued a preliminary injunction against the law, ruling that it interfered with parental rights.

The state appealed to the U.S. 11th Circuit Court of Appeals, where a federal panel reversed the injunction. U.S. Circuit Judge Barbara Lagoa, whose ruling cited the U.S. Supreme Court’s 2022 Dobbs decision overturning federal abortion rights, wrote that earlier rulings did “not establish that parents have a derivative fundamental right to obtain a particular medical treatment for their children as long as a critical mass of medical professionals approve.”

Lawyers for the plaintiffs in the case moved for an en banc hearing where the entire 11th Circuit would hear the case. The full circuit had not ruled on the motion as of Thursday afternoon.

In Burke’s court on Thursday, Jeff Doss, an attorney for the plaintiffs, said that the decision to go to trial was a “purely discretionary” one for the court. The attorney said the full 11th Circuit — covering Alabama, Georgia and Florida — may not have the votes for the en banc hearing but said the court might not want “active machinery” until “we see there are further developments.”

The motion for the stay filed by the plaintiffs on May 3 also referenced waiting to see if pending cases in Tennessee and Kentucky were taken up by the U.S. Supreme Court.

Burke told Doss to be trial ready for a regular track, but told Alabama Solicitor General Edmund LaCour, arguing for the state, that Doss’s statements were persuasive.

LaCour said they had “done a lot of work over the past two years.”

“We need a decision right away,” he said.

LaCour told Burke that it has become a “playbook” for the United States to enter the cases and ask for trust from doctors rather than lawmakers.

LaCour also referenced sealed evidence that the state had and said they had created a “very robust record.”

Burke said that they were “reading tea leaves,” and they did not know what would happen. He said he did not see the harm in waiting three months and that it is “certainly possible I could be reversed twice.”

LaCour told Burke that he could rule on a summary judgment, or a judgment entered without a full trial. 

Burke told LaCour that the state could enforce the law now, but LaCour replied that they had spent a lot of time on the case. 

“At some point, when is it our turn to finally get justice?” he said.

Burke said he was sympathetic to LaCour’s statements that one plaintiff has already aged out, and they might need new experts.

Alabama Attorney General Steve Marshall was in attendance Thursday but did not present any of the state’s arguments.

Burke told the court that he was going to think more, but he checked around the room for major conflicts for Oct. 27, which no one objected to.

The attorneys for the plaintiffs have faced accusations of judge-shopping after they dismissed and refiled the case in 2022, prior to the two-day hearing. Burke clarified with one attorney Thursday that judge shopping is prohibited under the 11th Circuit.

Burke spent over an hour meeting with the attorneys – and their attorneys – in separate meetings Thursday on the format for hearings in the matter. While they met, the attorneys went around speaking in small groups amongst themselves. 

“Think we’ve got a plan,” Burke said at the end, saying that he would be open to attorneys taking the lead on discussion, or doing that himself. 

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Jemma Stephenson

Jemma Stephenson covers education as a reporter for the Alabama Reflector. She previously worked at the Montgomery Advertiser and graduated from the Columbia University Graduate School of Journalism.

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The preceding article was previously published by the Alabama Reflector and is republished with permission.

The Alabama Reflector is an independent, nonprofit news outlet dedicated to covering state government and politics in the state of Alabama. Through daily coverage and investigative journalism, The Reflector covers decision makers in Montgomery; the issues affecting Alabamians, and potential ways to move our state forward.

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

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Florida

St. Petersburg Fla. Rainbow street mural vandalized by two drivers

It’s going to cost the City of St. Petersburg $1100 to restore. The City aims to have the mural repainted in time for Pride month festivities

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Volunteers refresh painting the Progressive Pride Street Mural, St. Petersburg, Florida in May of 2022. The mural was originally installed in 2020. (Photo Credit: stpete.org/Facebook)

ST. PETERSBURG, Fla. – The Progressive Pride Street Mural at the 2500 Central Avenue roundabout in the Grand Central District was defaced and damaged in two separate incidents earlier this month. The St. Petersburg Police Department is seeking the public’s assistance to facilitate the arrest of the drivers of the vehicles involved.

The first occurred on May 17th at 9:36 a.m. when a truck accelerated through the mural. The second incident happened on May 22nd at 2:41 a.m. involving a blue two-door vehicle doing doughnuts on the mural.

WTVT FOX 13 Tampa Bay reported that Lee Manuel, the owner of Cocktail St. Pete, a bar just down the street from the mural, said just a few days later, someone did donuts on the mural, damaging it more. A bar across the street from the mural seemed to capture it early Wednesday morning around 2:45 a.m.

Investigators have no reason to believe the incidents are related.

It’s going to cost the City of St. Petersburg $1100 to restore. The City aims to have the mural repainted in time for Pride month festivities.

Anyone with information on the blue vehicle pictured in the video [see Fox 13 report], please contact the St. Petersburg Police at 727-893-7780 or text SPPD + your tip to TIP411.

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The White House

Biden delivers Memorial Day address at Arlington Cemetery

In his remarks Biden began by noting that 160 years ago the first soldier was buried at Arlington National Cemetery

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President Joe Biden accompanied by Vice-President Kamala Harris and Defense Secretary Lloyd Austin laid the traditional Memorial Day wreath at the Tomb of the Unknown Soldier. (Screenshot/YouTube White House Livestream)

ARLINGTON, Va. – Under grey clouds and occasional rainfall, President Joe Biden accompanied by Vice-President Kamala Harris and Defense Secretary Lloyd Austin laid the traditional Memorial Day wreath at the Tomb of the Unknown Soldier in Arlington National Cemetery.

After the wreath laying the President, introduced by Secretary Austin delivered his Memorial Day address in the amphitheater. In his remarks Biden began by noting that 160 years ago the first soldier was buried at Arlington. He then said: “Everyone has lost and loved someone in the service of our country.”

“I know how hard it can be. It can reopen that black wound in your chest. … I know.  … This week marks nine years since I lost my son Beau.”

He noted his loss wasn’t the same those who lost someone in combat as Beau died of cancer. He repeated his belief the cancer was from burn pits in Iraq. 

WATCH:

Full text of President Biden’s address:

REMARKS BY PRESIDENT BIDEN
AT THE 156TH NATIONAL MEMORIAL DAY OBSERVANCE

Arlington National Cemetery
Arlington, Virginia
One hundred and sixty years ago this month, in the midst of the Civil War, the first American soldier was laid to rest at these hallowed grounds.  Private William Christman, a farmworker from Pennsylvania, had enlisted just seven weeks before.  There was no formal ceremony to consecrate this new sanctuary, no fanfare.  

It came at a turning point in the war.  As fighting shifted east, the casualties quickly mounted in the bloody, grinding campaign.

Over the next year, William would be joined in death, as he was in life, by his brother-in-arms in this final resting place.  And these hills around us would be transformed from a former slave plantation into a national strine — shine for those American heroes who died for freedom, who died for us.

My fellow Americans, Jill, Vice President Harris, the Second Gentleman Emhoff, Secretary Austin, General Brown; most importantly, the veterans and service members, families, and survivors — we gather at this sacred place at this solemn moment to remember, to honor — honor the sacrifice of the hundreds of thousands of women and men who’ve given their lives for this nation.  

Each one, literally, a chain in the link — a link in the chain of honor stretching back to our founding days.  Each one bound by common commitment — not to a place, not to a person, not to a President, but to an idea unlike any idea in human history: the idea of the United States of America.   

Today, we bear witness to the price they paid.  Every white stone across these hills, in every military cemetery and churchyard across America: a father, a mother, a son, a daughter, a brother, a sister, a spouse, a neighbor — an American.

To everyone who has lost and loved someone in the service of our country, to everyone with a loved one still missing or unaccounted for, I know how hard it can be.  It can reopen that black hole in the middle of your chest, bringing you back to the exact moment you got that phone call, heard that knock on the door, or held the hand when the last breath was taken.  I know it hurts.  The hurt is still real, still raw.

This week marks nine years since I lost my son, Beau.  Our losses are not the same.  He didn’t perish on the battlefield.  He was a cancer victim from a consequence of being in the Army in Iraq for a year next to a burn pit — a major in the U.S.  National — Army National Guard, living and working, like too many, besides that toxic burn pit.  

And as it is for so many of you, the pain of his loss is with me every day, as it is with you — still sharp, still clear.  But so is the pride I feel in his service, as if I can still hear him saying, “It’s my duty, Dad.  It’s my duty.”  

Duty.  That was the code of — my son lived by and the creed all of you live by, the creed that generations of service members have followed into battle.  

On the grounds around us lie fallen heroes from every major conflict in history to defend our independence, to preserve our Union, to defeat fascism; built powerful alliances, forged in fires of two world wars.  

Members of the Greatest Generation, who 80 years ago next week, took to the beaches of Normandy and liberated a continent and literally saved the world.  

Others who stood against communism in Korea and Vietnam.  

And not far from here, in Section 60, lie over a thousand — a thousand — 7,054 women and men who made the ultimate sacrifice in Afghanistan and Iraq, who signed up to defeat terrorists, protect our homeland after 9/11.   

Decade after decade, tour after tour, these warriors fought for our freedom and the freedom of others, because freedom has never been guaranteed.  Every generation has to earn it; fight for it; defend it in battle between autocracy and democracy, between the greed of a few and the rights of many.  It matters.  

Our democracy is more than just a system of government.  It’s the very soul of America.  It’s how we’ve been able to constantly adapt through the centuries.  It’s why we’ve always emerged from every challenge stronger than we went in.  And it’s how we come together as one nation united.  

And just as our fallen heroes have kept the ultimate faith with our country and our democracy, we must keep faith with them.

I’ve long said we have many obligations as a nation.  But we only have one truly sacred obligation: to prepare those we send into battle and to pr- — take care of them and their families when they come home and when they don’t.  

Since I took office, I’ve signed over 30 bipartisan laws supporting servicemen, veterans and their families and caregivers, and survivors.  

Last year, the VA delivered more benefits and processed more claims than ever in our history.  And the PACT Act, which I was proud to have signed, has already guaranteed one million claims helping veterans exposed to toxic materials during their service — one million.  

For too long, after fighting for our nation, these veterans had to fight to get the right healthcare, to get the benefits they had earned.  Not anymore.  

Our nation came together to ensure the burden is no longer on them to prove their illness was service-related, whether it was Agent Orange or toxic waste, to ensure they protected them — they just have to protect the United States — because it’s assumed that their death was a consequence of the exposure. 

On this day, we came together again to reflect, to remember, but above all, to recommit to the future they fought for — a future grounded in freedom, democracy, opportunity, and equality.  Not just for some, but for all.

America is the only country in the world founded on an idea — an idea that all people are created equal and deserve to be treated equally throughout their lives.  

We’ve never fully lived up to that, but we’ve never, ever, ever walked away from it.  Every generation, our fallen heroes have brought us closer.   

Today, we’re not just fortunate heirs of their legacy.  We have a responsibility to be the keepers of their mission.  That — that truest memorial of their lives: the actions we take every day to ensure that our democracy endures, the very idea of America endures.

Ladies and gentlemen, 160 years ago, the first American solider was laid to rest on these hallowed grounds.  There were no big ceremonies, no big speeches, no family mour- — family members to mourn their loss, just the quiet grief of the rolling green hills surrounding them.  

Today, we join that grief with gratitude: gratitude to our fallen heroes, gratitude to the families left behind, and gratitude to the brave souls who continue to uphold the flame of liberty all across our country and around the world.

Because of them, all of them, that we stand here today.  We will never forget that.  We will never, ever, ever stop working for — to make a more perfect Union, which they lived and which they died for.  

That was their promise.  That’s our promise — our promise today to them.  That’s our promise always.  

God bless the fallen.  May God bless their families.  And may God protect our troops.

Thank you.  
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U.S. Federal Courts

Guilty plea in Grindr cyberstalking, sextortion & id theft of gay men

He targeted young gay men on Grindr to obtain their sexually explicit photographs & videos consensually & used them to extort money or sex

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Joseph P. Kinneary United States Courthouse in Columbus, Ohio is home to the U.S. District Court, Southern District of Ohio and the Sixth Circuit Court of Appeals. (Photo Credit: The Carol M. Highsmith Archive, Library of Congress, Prints and Photographs)

COLUMBUS, Ohio – Omoruyi O. Uwadiae, 28, of Chicago, offered a guilty plea in U.S. District Court on Wednesday, May 22 to cyberstalking, sextortion and identity theft crimes. His scheme involved dozens of victims in multiple states, including Ohio, Colorado and Washington.

According to his plea documents, Uwadiae admitted to obtaining sexually explicit photographs and videos from potential victims and then using the content to threaten them. Uwadiae threatened to distribute the explicit material widely on the internet and specifically to victims’ friends, family members, employers and others.

The defendant demanded money from some victims. From others, he demanded they meet him, have sex with him, or make damaging admissions such as admissions that they were racist. On multiple occasions, Uwadiae carried through with his threats. He sent sexually explicit photographs and videos to the victims’ friends, family members (including at least one victim’s mother, at least one victim’s brother, and at least one victim’s sister), employers and acquaintances, and also posted sexually explicit photographs and videos widely on the internet.

Multiple victims had not publicly disclosed their sexual orientation, which Uwadiae’s actions disclosed, contrary to their wishes. The defendant also used victims’ identifications to create false accounts on social media and post personal information about the victims online.

Uwadiae targeted young gay men on Grindr and other online sites. He would obtain their sexually explicit photographs and videos consensually and then use them to extort. In some cases, he posted their nude images on Male General without their consent and then demanded money or other things of value to take down the images. Male General is a blog marketed to gay men containing, among other things, boards where users can post images and text.

For example, one victim was a student at The Ohio State University who communicated with Uwadiae on Grindr. Uwadiae ultimately demanded that the victim either pay him $200 or have sex with him. When the victim did not comply, Uwadiae created false social media accounts using true photos of the victim, stating, “this guy is gay, see pics for evidence.” The victim had not disclosed his sexual orientation to his family and had told Uwadiae he was concerned that his family would react negatively if they learned he was bisexual.

Uwadiae was charged in the Southern District of Ohio in April.

As part of his plea, Uwadiae pleaded guilty to 22 total counts. He pleaded guilty to eight counts of cyberstalking (punishable by up to five years in prison), seven counts of making interstate communications with the intent to extort (up to two years in prison) and seven counts of unlawfully using a means of identification (up to five years in prison).

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, announced the guilty plea offered today before U.S. Magistrate Judge Norah McCann King. The case was investigated by the FBI and the Columbus, Ohio Police Department.

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Louisiana

Louisiana Legislature passes ‘Don’t Say Gay or trans’ bill  

Horton’s bill also prohibits “covering the topics of sexual orientation or gender identity” during any extracurricular and athletics events

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State Rep. Dodie Horton, (R-Haughton), debates her bill on the House floor. (Photo credit: Wes Muller/Louisiana Illuminator)

By Piper Hutchinson | BATON ROUGE, La. – Discussion of gender identity and sexual orientation in Louisiana’s K-12 public schools could soon be restricted after the state Senate approved a far-reaching anti-LGBTQ+ bill Thursday. 

Senators sent House Bill 122 by Rep. Dodie Horton, R-Haugton, which limits discussion of gender and sexuality in public schools, to Republican Gov. Jeff Landry, who is expected to sign it into law. It passed on a 28-7 vote, with Democratic Sens. Katrina Jackson-Andrews of Monroe and Regina Barrow of Baton Rouge joining Republicans in support of the bill.

The Legislature approved the same bill last year. Then-Gov. John Bel Edwards, a Democrat, vetoed it, and Republicans were unable to overturn his action 

Horton’s bill restricts discussion of gender and sexuality in schools, except for topics in approved curricula. This would allow discussion of a romantic relationship in a book but not mentions of a teacher’s family, for example. Horton said in committee her bill would also block discussion of heterosexuality and cisgender identity. Cisgender refers to anyone whose gender identity aligns with their sex assigned at birth. 

The measure is similar to a Florida law referred to by critics as a “Don’t Say Gay” bill. Horton’s proposal is much broader and would apply to K-12 grades, whereas Florida’s law applies only to early-grade students. 

Florida recently settled a lawsuit over the law filed by civil rights activists. As part of the agreement, students and teachers are permitted to discuss gender and sexuality as long as it is not part of classroom instruction. 

Horton said she didn’t believe teachers should discuss their “lifestyle choices” with students. 

“Having sexualized personal discussions between educators and students in our classrooms are not appropriate, and they can rob our children of their innocence while imposing suggested influence over their developing young minds,” Horton said when her bill came up in committee. 

When asked whether the bill would have a negative impact on LGBTQ+ students, Sen. Beth Mizell, R-Franklinton, who was tasked with carrying the bill in the Senate, said that was not the intent of the proposal. 

“It’s good to have a safe place where parents can have some confidence, for instance, if there is an LGBTQ employee, I think letting parents know ‘OK, I’m fine with that person, because I know they can’t talk to my child about their sexual orientation, no more than I would want a promiscuous male or female teacher to talk to my child about their sexual partners,’” Mizell said. 

Horton’s bill would not just apply to classroom instruction. It also prohibits “covering the topics of sexual orientation or gender identity” during any extracurricular and athletics events, meaning it could potentially hinder student chapters of the Gay-Straight Alliance and other LGBTQ+ student organizations. 

The Senate rejected a series of amendments Sen. Royce Duplessis, D-New Orleans, proposed that would have restricted the bill’s limitations to only K-8 grades, defined the terms “sexual orientation” and “gender identity,” excluded extracurricular activities, and limited the effect to only classroom instruction rather than discussion between teachers and students. Jackson-Andrews also sided with Republicans in rejecting the amendments. 

A separate proposal, House Bill 121 by Rep. Raymond Crews, R-Bossier City, is slated to be discussed by the Senate next week. It prohibits the use of transgender and nonbinary youth’s chosen names and pronouns in public K-12 schools without parental permission. 

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Piper Hutchinson is a reporter for the Louisiana Illuminator. She has covered the Legislature and state government extensively for the LSU Manship News Service and The Reveille, where she was named editor in chief for summer 2022.

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The preceding piece was previously published by the Louisiana Illuminator and is republished by permission.

Louisiana Illuminator is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence.

Follow Louisiana Illuminator on Facebook and Twitter.

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The White House

Biden hosts Kenyan president, unclear whether anti-LGBTQ+ bill raised

Jake Sullivan reiterated administration’s opposition to Family Protection Bill

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Kenyan President William Ruto and U.S. President Joe Biden speak at joint press conference at the White House on May 23, 2024.

WASHINGTON — The Biden-Harris administration has not publicly said whether it raised LGBTQ+ rights with Kenyan President William Ruto during his visit to the White House.

Kenya is among the countries in which consensual same-sex sexual relations remain criminalized.

Opposition MP Peter Kaluma last year introduced the Family Protection Bill. The measure, among other things, would impose the death penalty upon anyone found guilty of “aggravated homosexuality” and would ban Pride marches and other LGBTQ+-specific events in the country. Advocates have told the Washington Blade the bill would also expel LGBTQ+ refugees and asylum seekers who have sought refuge in Kenya.

A senior administration official on Wednesday did not directly respond to the Blade’s question about whether President Joe Biden would speak to Ruto about the Family Protection Bill — neither he, nor Ruto discussed it on Thursday during a joint press conference at the White House. The official, however, did reiterate the administration’s opposition to the bill and other laws around the world that criminalize consensual same-sex sexual relations.

A reporter on Wednesday asked National Security Advisor Jake Sullivan during the daily press briefing about whether Biden would discuss with Ruto any concerns over “some authoritarian moves” in Kenya. (The International Criminal Court in 2011 charged Ruto and five others with crimes against humanity in relation to violence that surrounded Kenya’s 2007 presidential election. The ICC dismissed the case against Ruto in 2016, although the prosecutor said widespread witness tampering had taken place.)

“We’ve seen robust and vigorous democracy in Kenya in recent years,” Sullivan said. “But, of course, we will continue to express our view about the ongoing need to nurture democratic institutions across the board: an independent judiciary; a non-corrupt economy; credible, free, and fair elections.”

Sullivan added “these kinds of principles are things the president will share, but he’s not here to lecture President Ruto.”

“President Ruto, in fact, is somebody who just was in Atlanta speaking about these issues,” he said. “We will invest in Kenya’s democratic institutions, in its civil society, in all walks of Kenyan life to help make sure that the basic foundations of Kenyan democracy remain strong.”

U.S. Ambassador to Kenya Meg Whitman in March 2023 sparked criticism when she told reporters in Kenya’s Kajiado County that “every country has to make their own decisions about LGBTQ rights.”

Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the White House’s overall foreign policy. A State Department spokesperson in response to Whitman’s comments told the Blade that “our position on the human rights of LGBTQI+ persons is clear.”

“A person’s ability to exercise their rights should never be limited based on sexual orientation, gender identity or expression, or sex characteristics,” said the spokesperson. “Governments should protect and promote respect for human rights for each and every human being, without discrimination, and they should abide by their human rights obligations and commitments.”

The White House on Thursday released a “Kenya State Visit to the United States” fact sheet that broadly notes the promotion of human rights and efforts to fight HIV/AIDS in Kenya.

• Promoting Human Rights: The United States and Kenya affirm their commitment to upholding the human rights of all. Together they stand with people around the world defending their rights against the forces of autocracy. Kenya and the United States commit to bilateral dialogues that reinforce commitments to human rights, as well as a series of security and human rights technical engagements with counterparts in the Kenyan military, police, and Ministry of Foreign Affairs aimed at strengthening collaboration on security sector governance, atrocity prevention, and women, peace and security in Kenya and regionally.

• Continuing the Fight against HIV/AIDS: The United States and Kenya are developing a “Sustainability Roadmap” to integrate HIV service delivery into primary health care, ensuring quality and impact are retained. With more than $7 billion in support from the President’s Emergency Plan for AIDS Relief (PEPFAR) spanning two decades, Kenya has successfully responded to the HIV epidemic and strives to end HIV as a public health threat in Kenya by 2027. These efforts improve holistic health services for the 1.3 million Kenyans currently receiving antiretroviral therapy and millions more benefiting from HIV prevention programs, while allowing for greater domestic resources to be put toward the HIV response, allowing PEFPAR support to decrease over time.

Biden and Ruto on Thursday also issued a joint statement that, among other things, affirms the two countries’ “commitment to upholding the human rights of all.”

“Our partnership is anchored in democracy and driven by people,” reads the statement. “Together we share the belief that democracy requires ongoing work, and thrives when we commit to continually strengthen our democratic institutions.”

“This historic state visit is about the Kenyan and American people and their hopes for an inclusive, sustainable, and prosperous future for all,” it adds.

The White House said Transportation Secretary Pete Buttigieg and his husband, Chasten Buttigieg, White House Press Secretary Karine Jean-Pierre and Democratic National Committee Deputy National Finance Chair Claire Lucas and her partner, Judy Dlugacz, are among those who attended Thursday’s state dinner at the White House. Ruto on Friday is scheduled to meet with Secretary of State Antony Blinken at the State Department.

Ugandan officials sanctioned after Anti-Homosexuality Act signed

The U.S. has sanctioned officials in Uganda, which borders Kenya, after the country’s president in May 2023 signed the Anti-Homosexuality Act. The White House also issued a business advisory against Uganda and removed the country from the African Growth and Opportunity Act, which allows sub-Saharan countries to trade duty-free with the U.S.

Sullivan, Whitman and Commerce Secretary Gina Raimondo are among the officials who joined Biden and Ruto at a meeting with CEOs that took place at the White House on Wednesday. Ruto earlier this week visited Coca-Cola’s headquarters in Atlanta.

The company announced it will invest $175 million in Kenya.

Coca-Cola on its website notes it has received a 100 percent score on the Human Rights Campaign’s Corporate Equality Index each year since 2006. The company also highlights it has supported the LGBTQ Victory Fund, the Trevor Project, and other “LGBTQI-focused organizations and programs in our communities.”

“Coca Cola is proud of its history of supporting and including the LGBTQI community in the workplace, in its advertising and in communities throughout the world,” says Coca-Cola. “From supporting LGBTQI pride parades to running rainbow-colored billboards, Coca Cola has demonstrated its commitment to protecting employees from discrimination based on sexual orientation, gender identity and expression.”

Health GAP Executive Director Asia Russell in a statement to the Blade said Ruto “is choosing to align with anti-gender extremists and is allowing queer Kenyans to be put at extreme risk.” She also criticized Biden for welcoming Ruto to the White House.

“Biden is campaigning as an LGBTQ+ champion, but he is ruling out the red carpet for someone who is explicitly siding with the extremists,” said Russell. “It’s doublespeak on the part of the White House.”

Brody Levesque, Christopher Kane, and Sam Kisika contributed to this story.

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Ohio

Ohio Supreme Court allows hold to continue on trans care ban

“The state’s claim that this was an ‘emergency’ because it could not enforce an unconstitutional statute was utterly absurd”

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An advocate for the trans community protests outside the Senate Chamber while inside lawmakers debated and passed HB 68 that bans gender-affirming care for transgender youth and bars transgender kids from participating on sports teams, December 13, 2023, at the Statehouse in Columbus. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)

By Megan Henry | COLUMBUS, Ohio – The Supreme Court of Ohio rejected a request by the state to narrow a temporary restraining order against Ohio’s gender-affirming care ban for trans youth.      

Wednesday’s decision allows the case to continue in the Franklin County Court of Common Pleas, where a trial is scheduled for July 15. 

“This decision was correct,” Freda Levenson, ACLU of Ohio’s legal director, said in a statement.

“The state’s request was egregious. The scope of the temporary restraining order was necessary and appropriate to prevent the constitutional violations and other irreparable harm that would immediately occur if HB 68 were permitted to take effect. Our legal battle will continue until this cruel restriction is permanently overturned.”

The ACLU of Ohio filed a lawsuit in the Franklin County Court of Common Pleas on March 26 against the portion of House Bill 68 that prohibits gender-affirming care for transgender youth. The lawsuit said HB 68 violates four sections of the Ohio Constitution — the single-subject rule, the Health Care provision, the Equal Protection Clause, and the Due Course of Law provision.

The lawsuit was filed on behalf of two families whose 12-year-old transgender daughters would lose access to gender-affirming health care. 

Franklin County Court of Common Pleas Judge Michael Holbrook issued the temporary restraining order on all of HB 68 on April 16. In addition to preventing transgender youth from starting hormone therapy and puberty blockers, the bill also prevents trans athletes from playing middle and high school sports. 

On April 22, Ohio Attorney General Dave Yost filed an emergency motion with the Ohio Supreme Court to try to stop the restraining order — arguing Holbrook “acted beyond the scope of his powers.” He also said the injunction is illegal since it applies to all of Ohio, not just the two plaintiffs. 

“The state’s claim that this was an ‘emergency’ because it could not enforce an unconstitutional statute was utterly absurd,” Harper Seldin, American Civil Liberties Union’s senior staff attorney, said in a statement.

“Far from creating an emergency, the challenged temporary injunction merely maintains the status quo in Ohio – that trans youth be permitted to access life-saving medical care with support from parents and doctors.”

HB 68 was supposed to take effect April 24. Ohio Gov. Mike DeWine vetoed HB 68, but lawmakers voted to override his veto. 

In two separate concurring opinions, Republican Ohio Supreme Court Justice Pat DeWine and Democratic Ohio Supreme Court Justice Jennifer Brunner took shots at one another.

“Although we deny the relief requested today, this case raises an important issue: Is it appropriate for one judge in a single county to issue a statewide injunction that goes beyond what is necessary to provide interim relief to the parties in the case,” Justice DeWine questioned.

“The other concurring opinion in this case offers a full-throated defense of universal injunctions and fulminates against this court ever taking up the issue. Unlike the other concurring justice, I will reserve judgment until we are presented with a case that properly presents the issue and we have had the benefit of adversarial briefing. … This court should address the propriety of the issuance of universal injunctions for the purpose of granting interim relief in an appropriate case.”

Justice DeWine was joined by Justices Patrick Fischer and Joseph Deters in his concurrence.

In her own concurrence, Justice Brunner took issue with Justice DeWine’s citation of a recent U.S. Supreme Court ruling.

“A stay is not an injunction. The Ohio Constitution, unlike the federal Constitution, has a single-subject rule for legislation that results in multi-subject legislative acts being facially unconstitutional,” Brunner wrote. “The very nature of a facial constitutional violation is that the offending law violates the Constitution in every circumstance.”

Brunner wrote that if a law that is facially unconstitutional may not be applied to an individual, then it may not be applied to anyone else.

“Similarly, a temporary restraining order based on a substantial likelihood that a law is facially unconstitutional may not be limited to just the parties in the case. Moreover, when the court hearing such a challenge has jurisdiction over the state as a party-defendant, it has the power to enjoin the state from applying the law, regardless of the law’s subject matter.”

Brunner then explained why she chose to write her own concurrence in the first place.

“My colleague’s concurring opinion is more akin to a political statement than a legal one, which is why I have written this opinion,” Brunner concluded.

Gender-affirming care is supported by every major medical organization in the United States. Children’s hospitals across Ohio, the Ohio Children’s Hospital Association, and the Ohio Academy of Family Physicians all opposed HB 68.

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Megan Henry

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Follow OCJ Reporter Megan Henry on X.

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The preceding article was previously published by the Ohio Capital Journal and is republished with permission.

The Ohio Capital Journal is an independent, nonprofit news organization dedicated to connecting Ohioans to their state government and its impact on their lives. The Capital Journal combines Ohio state government coverage with incisive investigative journalism, reporting on the consequences of policy, political insight and principled commentary.

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

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New Hampshire

New Hampshire lawmakers roll back existing trans protections

New Hampshire’s Senate passed HB396, repealing some discrimination protections for transgender people that the state passed in 2018

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New Hampshire State House in Concord. (Photo Credit: State of New Hampshire)

By Erin Reed | CONCORD, N.H. – In 2018, New Hampshire passed a non-discrimination law that included transgender people through an all-Republican legislature. On Wednesday, the state legislature repealed some of those protections, clarifying that such protections do not apply to bathrooms, sports, locker rooms, corrections centers, and mental health treatment centers.

The state is one of the first to roll back existing protections for transgender people and now allows for private bans of transgender people in bathrooms, locker rooms, sports, and more. The bill now heads to Governor Sununu’s desk and is the fourth anti-LGBTQ+ bill passed this year in New Hampshire.

The bill repealing protections is House Bill 396, and it was the subject of a contentious 192-184 vote earlier this year before passing the Senate yesterday. It states that though transgender people are still part of the “law against discrimination,” those protections are removed in “limited circumstances in which classification of persons based on biological sex is proper because such classification serves the compelling state interests of protecting the privacy rights and physical safety of such persons and others,” seemingly arguing that transgender people are inherently unsafe. It then outlines the specific places where discrimination against transgender people is now legal in New Hampshire:

  • Bathrooms
  • Locker rooms
  • Athletic or sporting events
  • Prisons, houses of correction, and juvenile detention centers
  • Mental health hospitals
  • Treatment centers

You can see the full bill here:

Importantly, the bill legalizes this kind of discrimination by private entities, meaning that all bathrooms in New Hampshire, including those run by private businesses, may exclude transgender people at the discretion of whoever is in charge of those bathrooms.

This could create a very confusing landscape for transgender people, who will have to research the policies of every private entity each time they wish to use a bathroom. Other similar bathroom bans have typically only applied to schools or public buildings. While the bill does not mandate that private entities exclude transgender people from bathrooms, it explicitly allows them to do so.

The State of New Hampshire added transgender people to its nondiscrimination law in 2018. Governor Sununu, who signed that law, stated, “Discrimination – in any form – is unacceptable and runs contrary to New Hampshire’s Live Free or Die spirit. If we really want to be the Live Free or Die state, we must ensure that New Hampshire is a place where every person, regardless of their background, has an equal and full opportunity to pursue their dreams and to make a better life for themselves and their families.”

At the time, Christian organizations criticized him for “failing to stand by Christian principles.” Shanon McGinley of the state conservative think tank Cornerstone Action said in response to the protections in 2018, “We MUST strengthen the Christian base of the NH legislature to improve our chance of winning critical votes in the next legislative session.”

It would appear that those strategies were successful. Whereas the nondiscrimination protections passed with large majorities in 2018, many of those protections were successfully reversed yesterday. Though it is unclear if Governor Sununu will sign the bill on his desk, he has recently supported anti-trans measures, such as signing a letter opposing President Biden’s Title IX protections.

New Hampshire has been a particularly rough state for transgender people this year when it comes to legislation. Just last week, the state passed three anti-trans and anti-LGBTQ+ laws, including a “Don’t Say Gay or Trans” bill, a sports ban that includes provisions for potential genital inspections, and a ban on surgery and referrals for transgender youth. Likewise, a Medicaid ban on some transgender care is currently pending a final vote in the Senate. Should all four bills be signed into law by the governor, New Hampshire will become one of the riskiest states in the Northeast for transgender people of any age.

Courtney Reed, Policy Advocate at the ACLU of New Hampshire, said of the bill’s passage, “Today is another grim day in New Hampshire. Nobody wins when we try to make discrimination law. HB 396 undermines the right to equal protection under the law for transgender people – and we urge Governor Sununu to veto this dangerous bill once it reaches his desk, keeping in tradition that the Granite State respects the rights of LGBTQ+ people.” 

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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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Texas

Texas AG Ken Paxton sues to stop new gender identity guidelines

Texas Attorney General aims 75th lawsuit at Biden Administration this one to halt compliance of gender identity mandates in the workplace

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Texas Attorney General Ken Paxton speaks at the Collin County Labor day picnic in Plano on Sept. 2, 2023. (Photo Credit: Azul Sordo for the Texas Tribune)

By Nina Banks | AMARILLO, Texas – Attorney General Ken Paxton is suing the Equal Employment Opportunity Commission and members of the Biden Administration to contest LGBTQ+ workforce protections.

The guidance, released last month, states that denying an employee accommodations for their gender identity, such as prohibiting an employee to use the bathroom of their gender identity, is unlawful workplace harassment. The guidance isn’t legally enforced and instead it serves to distinguish what constitutes harassment under the EEOC.

The lawsuit filed on Tuesday argues that the EEOC specifically targeted Texas with its new guidance, as some Texas employers do not have to comply with federal policies meant to prohibit discrimination. Paxton claims the guidance would force Texas to reevaluate its agencies, causing “irreparable harm” to state finances and sovereignty, and redefine “sex” under the Title VII of the Civil Rights Act of 1964.

“Yet again the Biden Administration is trying to circumvent the democratic process by issuing sweeping mandates from the desks of bureaucrats that would fundamentally reshape American law,” Paxton said in a statement. “Texas will not stand by while Biden ignores court orders forbidding such actions and we will hold the federal government accountable at every turn.”

This is Paxton’s 75th lawsuit against the federal government since Biden was inaugurated in January 2020. Paxton has long portrayed himself as the bulwark against Biden’s agenda and has positioned Texas at the forefront of the largest conservative legal battles of the day.

This lawsuit parallels a motion from October 2022 where Paxton sued the Biden administration over a 2021 EEOC guidance that explained the parameters then for gauging harassment and the Supreme Court’s stance on Bostock v. Clayton County, which prohibits discrimination on the basis of sexual orientation or gender identity.

A longtime adversary to gender-affirming policy, Paxton claimed the 2021 guidance forced the Biden Administration’s “political agenda” onto Texas. In that case, the U.S. District Judge Matthew Kacsmaryk ruled in favor of Paxton, concluding that the Biden Administration’s protections for LGBTQ+ employees were too extensive.

Paxton filed this lawsuit, like many of his legal challenges, in Amarillo, where one judge hears nearly all cases—Kacsmaryk.

Kacsmaryk was appointed to the bench by President Donald Trump as the first judge appointed directly from a religious liberty law firm. Kacsmaryk previously worked at First Liberty, a Plano-based conservative Christian law firm, where he frequently litigated cases involving abortion, contraception and gender identity.

Reporter Eleanor Klibanoff contributed to this story.

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Nina Banks’s staff photo

Nina Banks is the Tribune’s Dallas Press Club Foundation reporting fellow based in Arlington where she is studying communications at Tarrant County College. She is managing editor of the student-run newspaper, The Collegian, and hosts the staff’s podcast, The First Draft. When Nina isn’t hunched over her laptop, you can find her sipping on boba tea.

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The preceding article was previously published by the Texas Tribune and is republished with permission.

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