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Los Angeles Blade’s top 10 news stories of 2017

Civil rights under attack, what do we do but fight back?

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The year 2017 will go down as a watershed in human history with the apparent breaking apart of traditional European alliances, the rise of Russia, China and the nuclear threat of North Korea, as well as the resurgence of white identity populism, best signified by the disruptive presidency of Donald Trump. California became a bulwark for progressive values with the Los Angeles LGBT community reflecting both the ills of the larger society and serving as a bright beacon of hope. Here are our staff picks for the top 10 LA LGBT stories of the year.

10. LGBT AIDS invisibility

Donald Trump, whose mentor and attorney Roy Cohn died from AIDS, signed his first World AIDS Day Proclamation and failed to mention the LGBT community. Out scholar Masha Gessen compared it to Trump’s Holocaust Remembrance Day statement in which he neglected to mention Jews. The Centers for Disease Control reports that gay and bisexual men account for an estimated 70 percent of new HIV infections in the U.S.; an estimated 22 percent of transgender women have HIV. While Trump stated his commitment to ending the global HIV/AIDS pandemic, he’s threatened to cut the President’s Emergency Plan for AIDS Relief (PEPFAR) budget by $1 billion. Meanwhile in LA, AIDS Healthcare Foundation celebrated its 30th anniversary with a free concert for staff, board and volunteers at The Shrine Auditorium, featuring singer Mariah Carey. AHF now has 841,293 patients in care in 39 countries and provided generators, not paper towels, to devastated Puerto Rico.

Moonlight, gay news, Washington Blade

Despite the Moonlight win for Best Picture, Hollywood still lags when it comes to portraying LGBT lives. Ashton Sanders in ‘Moonlight.’ (Photo by David Bornfriend; courtesy A24)

9. Hollywood’s diversity problem

Feb. 26, 2017. Gasp! Oscar presenters Warren Beatty and Faye Dunaway accidentally name La La Land as best picture. “There’s a mistake. Moonlight, you guys won best picture. This is not a joke,” said La La Land producer Jordan Horowitz, beckoning the stunned winners onstage. “One of the things that I hope doesn’t get overshadowed is this was a $1.5 million indie film about a black, gay, poor man … and that’s a very significant thing,” director Ava DuVernay said later. “I’m proud of the Academy for honoring that.” Indeed, Hollywood applauded at the Oscars. But Moonlight was the only film in 2016 with a gay protagonist. An August 2017 USC-commissioned report analyzed the top 100 films of 2016 and found that only 1.1 percent of speaking characters were LGB with no trans speaking characters. Advocacy has been unsuccessful, concluded study author Professor Stacy L Smith. “Film paints a distressing portrait of exclusion.”

Gemmel Moore died July 27. (Photo from Facebook memorial page)

8. The death of Gemmel Moore

Gemmel Moore died on July 27 in the West Hollywood apartment of Stonewall Democratic Club donor/activist Ed Buck. The LA County coroner ruled Moore’s death an accidental overdose from crystal meth, prompting concerns about the silent meth crisis among black gay men. The Sheriff’s Department conducted an initial investigation and learned that Moore, a 26-year old escort, frequently visited Buck, 62. But local black activists and Moore’s mother were not satisfied with the findings and agitated for the Sheriff to investigate whether Buck, who is white, might have a sexual fetish: injecting young black escorts with drugs—raising the question of murder. Buck’s attorney vigorously denied their allegation, but Sheriff Jim McDonnell ordered Homicide detectives to reopen the investigation. “We felt it was our obligation to look into those issues,” McDonnell told the LA Blade. As of mid-December no new report was made public.

Gabriel Fernandez was murdered by his mother’s boyfriend who was convicted in 2017 and awaits a possible death sentence.

7. The murder of 8-year old Gabriel Fernandez

The torture-murder of 8-year-old Gabriel Fernandez was so disturbing, LA County was forced to reform its child-welfare system. “When paramedics arrived at the boy’s Palmdale home on May 22, 2013, Gabriel was unconscious and had a cracked skull, broken ribs, burned and bruised skin, missing teeth and BB pellets lodged in his groin. He died two days later after being removed from life support,” the LA Times reported. Months before his death, Gabriel was forced to eat cat feces and his own vomit. He slept in a small cabinet, his ankles handcuffed, hands bound and mouth gagged with a sock. On Nov. 15, Isauro Aguirre, 37, was convicted of first-degree murder for killing his girlfriend’s son, who he thought was gay. Jurors gave Aguirre the death penalty; he will be sentenced March 8. Gabriel’s mother and the negligent social workers still face trial.

Democratic leader Nancy Pelosi shouted down (Photo from Doug Sovern’s twitter feed)

6. The plight of LGBT DREAMers

Donald Trump ran for president on a platform of hatred for immigrants. Building “the wall” and deporting anyone who is undocumented is a base rallying cry. But Democrats and some Republicans in Congress want to pass the DREAM Act of 2017 (Development, Relief, and Education for Alien Minors) to prevent undocumented young people, including LGBT youth, from being deported to countries where their lives are at risk from governmental and cultural homophobia and transphobia. A large percentage of LGBT DREAMers (28%) live in California and more than 75,000 young people identify as LGBT in Los Angeles—with nearly half of them actively participating in the upended Deferred Action for Childhood Arrivals (DACA) program, according to the Williams Institute at UCLA. “Deportation is comparable to a death sentence for LGBTQ people in many parts of the world,” says Dave Garcia, LA LGBT Center Director of Policy and Community Building.

Eric Bauman, the out chair of the California Democratic Party

5. California Democratic Party run by gays

The Republican Party is now stained by white supremacy and its leader is perhaps beholden to the Russians. Aghast, Democrats want to break the conservative Republicans’ one-party rule by winning back the House in the 2018 midterm elections, with help from the California Democratic Party. At least six vulnerable GOP incumbents are up for reelection, including longtime anti-LGBT legislators Darrell Issa and Dana Rohrabacher. Leading the charge into electoral battle are Eric Bauman, the out chair of the CDP and Mark Gonzalez, the out chair of the LA County Democratic Party, both of whom have track records with electoral experience. Add to the leadership mix kickass Toni Atkins of San Diego, the first lesbian Assembly Speaker, who will become the first lesbian/woman President Pro Tem of the Senate next year. Get ready to rumble.

Donald Trump announced a ban on trans troops in a July tweet. (Photo by Michael Key)

4. Calif. groups oppose trans military ban

President Trump’s July 26 tweet announced that his administration “will not accept or allow transgender individuals to serve in any capacity in the U.S. Military.” The major policy shift was orchestrated by Vice President Pence with help from Family Research Council head Tony Perkins. Four lawsuits were quickly filed to stop the proposed ban from taking effect and to challenge its constitutionality. On Dec. 11, a federal judge in Washington State became the third court to rule the ban unconstitutional and issued a preliminary injunction, allowing trans service members to continue serving with admission of trans enlistees starting Jan. 1.The fourth lawsuit filed by Equality California, with the State of California as a plaintiff, is pending before a federal court in California—which has the most active duty and reserve military than any other state. “Marginalizing transgender service members or any transgender American who wishes to serve our country faithfully and courageously will not occur on our watch,” said Attorney General Xavier Becerra.

New Palm Springs City Councilmembers Lisa Middleton and Christy Holstege (Photo courtesy Equality California)

3. Transgender electoral wins

The battle for transgender civil rights was difficult in 2017— marked by an uptick in hate crimes against trans people — 31 reported in Los Angeles (30 were violent), a 72 percent increase from 2016 with the majority, 69 percent, against trans Latinas. But an unprecedented political outpouring yielded positive results: eight trans candidates won their elections around the country. Danica Roem’s election to the Virginia House of Delegates will make her the first openly transgender woman seated in legislative office; Minneapolis elected two trans people of color—Andrea Jenkins and Phillipe Cunningham—to their city council; Stephe Koontz, Raven Matherne, Tyler Titus, and Gerri Cannon also won their local elections. And in Palm Springs, Lisa Middleton, a lesbian, became the first transgender person elected to a non-judicial office in California. Her victory, with bisexual Christy Holstege, makes the Palm Springs City Council the first American city government with an all LGBT council.

2. Resist!

Talk about taking back offensive words — the pink “pussy” hat, created by two LA-area-based women artists, was ubiquitous at the massive Women’s March, the day after Donald Trump’s ugly and sparsely attended inauguration. A multi-pronged grassroots resistance movement sprung up to protest Trump, his GOP cronies, and the white nationalist/supremacist ideas they stand for. Resistance morphed into action, exquisitely symbolized by the defeat of Trump/Steve Bannon Alabama candidate, accused pedophile Judge Roy Moore. Locally, resistance took the form of a refutation of CSW’s tone-deaf approach to transgender issues. The #ResistMarch, created by Brian Pendleton, started at Hollywood and Highland, invited everyone to join, and culminated in West Hollywood with lesbian Black Lives Matter co-founder Patrisse Cullors, House Minority Leader Nancy Pelosi, House Russia-investigation-hero Rep. Adam Schiff and impeachment-calling Rep. Maxine Waters underscoring how much is at stake with a Trump presidency. LA LGBT felt the #Resist!

Harvey Weinstein’s downfall was followed by a flood of accusations against other powerful men in Hollywood and D.C.

1. A tipping point on sexual harassment

“Casting couch” allegations leveled against Hollywood heavyweights Bill Cosby and Harvey Weinstein scorched the traditional assumption that men have the innate right to sexually exploit women, which women endured to get or keep their jobs. While equally upset over the power dynamics of the economics of “consent,” the gay community grappled with more nuanced issues after gay actor Anthony Rapp revealed that closeted gay actor Kevin Spacey, then 26, tried to “seduce” him when Rapp was 14 years old. Old Gay Sexual Liberation assumptions were shaken: not all gay teens welcome sex with an older man as a rite of passage and groping is not equivalent to a handshake. What had been routinely dismissed as a gay bitchy grievance is now part of a movement for respect, boundaries, consideration and human dignity.

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California

2024-25 Race to Submit: Cash for College- FAFSA

California is leading a statewide campaign to support students in completing the Free Application for Federal Student Aid

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Los Angeles Blade/ABC News Screenshot

SACRAMENTO – With fewer high school students across the country filing for federal student aid so far this year, California is promoting a statewide campaign to mobilize local partners and engage high school seniors in completing the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA). 

From tuition to textbooks and other costs of attendance, financial aid is essential to making college more accessible and supporting student success.

In light of delays and issues impacting the federal rollout of the 2024-25 FAFSA, Governor Gavin Newsom in March signed an urgency measure by Assemblymember Sabrina Cervantes (D-Riverside) to support students navigating the process by extending the application deadline for state financial aid programs from April 2 to May 2.

Students bound for four-year institutions should complete the FAFSA or CADAA by the May 2 priority deadline to be eligible for various state financial aid programs, including the Cal Grant and Middle Class Scholarship. For community college students and foster youth, the deadline is September 3, 2024.

APPLY FOR STUDENT AID HERE

The Governor issued the following letter highlighting the state’s outreach efforts to ensure students don’t leave money on the table for college, including financial aid workshops scheduled across the state through May 2 for students, high school counselors and other partners.

A copy of the Governor’s letter can be found here and the text is below:

2024-25 Race to Submit: Cash for College
California is committed to helping students – our future leaders and innovators – pursue their college dreams and reach their full career potential. Financial aid helps hundreds of thousands of students in our state to achieve their higher education goals, and it’s critical that everyone who could benefit has the opportunity to enroll. The first step in accessing financial aid is timely submission of the Free Application for Federal Student Aid (FAFSA), which unlocks federal, state and institutional aid.

This year, California passed an urgency measure to extend the application deadline for state financial aid programs from April 2 to May 2, meaning students have an additional month to submit their FAFSA by the state’s priority deadline. This action was taken to help students who have been impacted by challenges in the federal rollout of changes to the FAFSA.

The California Department of Education and the California Student Aid Commission are teaming up with local partners throughout the state to offer financial aid workshops for students, counselors and others in the community, among other resources to support outreach and training.

We’ll keep working with partners throughout the state to get the word out and help students and their families unlock these crucial opportunities to get them on the path to college success.

Click here to learn more about changes to the FAFSA and CADAA this year.
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Kansas

Kansas Senate overrides governor’s veto on anti-trans care bill

Sen. Mark Steffen said the predators in today’s society are “woke” health care providers who are preying on “confused” children

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Sen. Mary Ware, seen during an April 6, 2023, hearing, says Senate Bill 233 tramples on the rights of transgender Kansans. (Sherman Smith/Kansas Reflector)

By Sherman Smith & Rachel Mipro | TOPEKA, Kan. — As the Kansas Legislature renewed its yearslong assault on transgender children, Sen. Mary Ware told her Senate colleagues Monday she had a “simple” question for them.

“What is the acceptable number of youth suicides?” Ware asked.

The Senate voted 27-13 to override Gov. Laura Kelly’s veto of Senate Bill 233, which bans gender-affirming care, including hormone therapy and other treatments recognized as necessary by medical professionals, for anyone younger than 18. The bill also bans state employees from supporting “social transitioning,” which is defined to include an individual changing their preferred pronouns or manner of dress.

The bill still requires a vote in the House, where 84 of the 125 members are needed to override the governor’s veto. The House passed the bill 82-39 on March 27 with two Republicans and two Democrats absent.

“We need to find one more Republican with a spine,” said Rep. Tobias Schlingensiepen, D-Topeka.

Two Republicans — Sen. John Doll of Garden City and Sen. Carolyn McGinn of Sedgwick — joined the chamber’s 11 Democrats in opposing the legislation.

The Suicide and Crisis Lifeline is a hotline for individuals in crisis or for those looking to help someone else. To speak with a certified listener, call 988.

Crisis Text Line is a texting service for emotional crisis support. To speak with a trained listener, text HELLO to 741741. It is free, available 24/7, and confidential.

Ware and other Democrats pointed to extensive medical research that shows transgender children, who are already at an elevated risk for suicide, are more likely to die from suicide if they don’t receive gender-affirming care.

“This bill ignores, or should I say tramples, on the rights of some Kansas citizens to live peaceably, lawfully and free to make their own decisions about their own bodies,” Ware said.

Republicans argued the bill would protect children from life-altering decisions they could end up regretting.

Sen. Beverly Gossage, R-Eudora, said she receives “beautiful cards” and emails from parents who thank her for pursuing the legislation.

“We all sympathize to those who are suffering from gender dysphoria,” Gossage said.

Sen. Mark Steffen, R-Hutchinson, said the predators in today’s society are “woke” health care providers who are preying on “confused” children and parents.

“No more than we would ever tell somebody with anorexia that they’re fat would we tell a boy that they’re a girl or girl that they’re a boy,” Steffen said.

Under the law, medical professionals would lose their license if they provide gender-affirming care, and parents would be allowed to sue them for punitive damages up until the child turns 28 years old.

In a teary speech, Senate Minority Leader Dinah Sykes, D-Lenexa, said she has heard from hundreds of Kansans who see hormone treatment as a life raft — and are concerned the Legislature is about to rip that away.

Research consistently shows that supportive environments, including access to gender-affirming care, reduces the mental health risk for kids, Sykes said, while denying that care amplifies feelings of isolation, shame and hopelessness.

“So for our transgender community, I will say there are some, who, we are in your camp,” Sykes said. “We may not understand all the complexities that you go through, but you have a place in this state. And we accept you and we cherish you. And regardless of where this vote goes, there is someone who is here, who cares.”

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Sherman Smith

Sherman Smith is the editor in chief of Kansas Reflector. He writes about things that powerful people don’t want you to know. A two-time Kansas Press Association journalist of the year, his award-winning reporting includes stories about education, technology, foster care, voting, COVID-19, sex abuse, and access to reproductive health care. Before founding Kansas Reflector in 2020, he spent 16 years at the Topeka Capital-Journal. He graduated from Emporia State University in 2004, back when the school still valued English and journalism. He was raised in the country at the end of a dead end road in Lyon County.

Rachel Mipro

A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

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

Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets.

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

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Oklahoma

Mother of 3 arrested at Oklahoma State Board of Ed meeting

The mother of 3 refused to leave while advocating for better ADA compliance and calling out Ryan Walters for bullying LGBTQ kids

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Oklahoma Highway Patrol troopers arrest Audra Beasley during an Oklahoma State Board of Education meeting on Thursday. Beasley was arrested on complaints of willfully disturbing state business and refusing to leave after causing a disturbance. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

By Nuria Martinez-Keel | OKLAHOMA CITY, Okla. – A mother was arrested at an Oklahoma State Board of Education meeting Thursday after refusing to leave the room while complaining of poor access in the building for people with disabilities.

Oklahoma Highway Patrol troopers escorted Audra Beasley, 45, of Oklahoma City, out of the meeting room in handcuffs at the Oklahoma State Department of Education headquarters. 

Her three children were present. One of them, who uses a wheelchair, burst into tears.

Troopers repeatedly asked Beasley to leave after her three minutes of public comment ended. Instead, she continued berating state Superintendent Ryan Walters for his policies affecting transgender students and for not having changing tables added to public restrooms at the state agency.

“You all are arresting me in front of my children because this man right here is a bigot and a bully, picking on trans kids, picking on disabled kids, picking on my kids,” Beasley said as troopers took her into custody.

She was arrested on misdemeanor complaints of willfully disrupting state business and refusing to leave after causing a disturbance. She was booked into the Oklahoma County jail on a $500 bond. It’s unclear if she has an attorney.

State Superintendent Ryan Walters speaks at an Oklahoma State Board of Education meeting on Thursday in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

Walters declined to comment on the arrest.

This wasn’t Beasley’s first appearance at a state Board of Education meeting to call for better compliance with the Americans with Disabilities Act.

Beasley, a former candidate for the Oklahoma City Council, is an advocate for adding adult-sized changing tables in all restrooms in state facilities. Neither public restroom in the state Education Department lobby contain changing tables of any size.

This month, she brought her own folding table and tossed it in front of the board. Without a changing station, she has said she would have to use the floor while attending to her son’s hygiene needs.

“You have intentionally denied my child access to the restroom in this building,” she told the board members.

Freedom Oklahoma executive director Nicole McAfee spoke in public comment after the arrest.

“It feels really awful to have just watched a parent, who only wants access for her kids in these spaces, to be arrested and taken out in front of her children,” McAfee said.

Beasley’s three children left the building with the parent of a friend after the meeting ended.

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Nuria Martinez-Keel

Nuria Martinez-Keel covers education for Oklahoma Voice. She worked in newspapers for six years, more than four of which she spent at The Oklahoman covering education and courts. Nuria is an Oklahoma State University graduate.

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The preceding article was previously published by the Oklahoma Voice and is republished with permission.

Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process.

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

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West Hollywood

And the Winner of the 7th Annual Drag Queen World Series is…

The Drag Queen World Series raises awareness of the ongoing impact of AIDS and aims to erase stigma while raising funds for The Life Group LA

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7th Annual Drag Queen Series - Photo by Mike Pingel


By Mike Pingel | WEST HOLLYWOOD – The Annual Drag Queen World Series returned to the field with the Los Angeles Sisters of Perpetual Indulgence battling it out with the West Hollywood Cheerleaders on Saturday, April 17, 2024, for a giant trophy, bragging rights, and a chance to raise money for The Life Group LA.

And the winner is…

The 7th Annual Drag Queen World Series ended in a tie between the Los Angeles Sisters of Perpetual Indulgence and the West Hollywood Cheerleaders. The fun, wacky, playful, rule-bending softball game took place at Fairfax High School. The event was hosted by the Life Group LA in collaboration with the Fairfax High School Alumni Association’s Centennial Celebration and the High School’s GSA Youth Club.

7th Annual Drag Queen Series – Photo by Mike Pingel
7th Annual Drag Queen Series – Photo by Mike Pingel

The Los Angeles Sisters of Perpetual Indulgence brought their best softball tactics to distract the West Hollywood Cheerleaders, who were lead in the game. The Sisters held a tea party between third and fourth base, conducted a yoga class next to the pitcher’s mound, attempted to bribe the umpire with fake $100 bills, and even halted an inning to bless the bases while the Cheerleaders were up to bat.

7th Annual Drag Queen Series – Photo by Mike Pingel

This was not your ordinary softball game; it was a DRAG QUEEN softball game, where the rules changed constantly. For instance, although the real game score was 6 to 14 in favor of the West Hollywood Cheerleaders, the LA Sisters petitioned for a tiebreaker. The two teams engaged in a ribbon dance-off, and the umpire allowed the crowd to vote. The dance-off was worth 8 points, resulting in a tied game, 14 to 14! Both teams were able to go home and enjoy dinner, thanks to one of the many wacky rules that brought laughter and spectator participation to the game.

Throughout the day, West Hollywood Mayor John M. Erickson umpired; Jai Rodriguez (from Queer Eye) sang the National Anthem; Karl Schmid (from KABC-TV) threw the ceremonial First Pitch, and music was spun by Celebrity DJ Eur-O-Steve. This year’s announcers were TV/Podcast personalities Alexander Rodriguez and Norma Lee High. The 3rd inning stretch featured a performance by RuPaul’s Drag Race contestant Eureka O’Hara.

7th Annual Drag Queen Series – Photo by Mike Pingel
7th Annual Drag Queen Series – Photo by Mike Pingel
7th Annual Drag Queen Series – Photo by Mike Pingel

The Drag Queen World Series raises awareness of the ongoing impact of AIDS and aims to erase stigma. It also serves as an opportunity to raise financial support for The Life Group LA, whose main goal is to provide education and emotional support to individuals infected and affected by HIV/AIDS.

The Life Group LA, a 501(c)(3) non-profit founded in 2005, offers much-needed information and emotional support through medical forums, emotional support groups, and the POZ Life Weekend Seminar, all free of charge. All services are provided in a non-judgmental and safe environment with compassion and understanding.

Safety, respect, and confidentiality are the cornerstones of Life Group LA’s philosophy, achieved through trained support group facilitators who practice active listening and conduct themselves with empathy and compassion.

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Mike Pingel has written six books, Channel Surfing: Charlie’s Angels & Angelic Heaven: A Fan’s Guide to Charlie’s Angels, Channel Surfing: Wonder Woman, The Brady Bunch: Super Groovy after all these years; Works of Pingel and most recently, Betty White: Rules the World. Pingel owns and runs CharliesAngels.com website and was Farrah Fawcett personal assistant. He also works as an actor and as a freelance publicist. His official website is www.mikepingel.com

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The preceding article was previously published by the WeHo Times and is republished with permission.

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U.S. Federal Courts

4th U.S. Circuit Court: Gender identity is a protected characteristic

The court ruled that gender identity is a protected characteristic & Medicaid bans on treatments for gender dysphoria are unconstitutional

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Lewis F. Powell Jr. Courthouse, United States Court of Appeals for the Fourth Circuit, Richmond, Virginia (Photo Credit: U.S. Courts/GSA)

By Erin Reed | RICHMOND, Va. – The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on transgender care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent transgender people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit Court of Appeals declared that transgender exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the U.S. Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th U.S. Circuit Court of Appeals ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, transgender state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that transgender treatment bans do not discriminate against transgender people because “they apply to everyone”

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual Supreme Court decision on discriminatory policies targeting transgender people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on transgender status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit Majority rebuts the State’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ+ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on transgender care violate the Equal Protection Clause of the U.S. Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end transgender care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for transgender rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of transgender people. Twenty-one Republican states filed an amicus brief in favor of denying transgender people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of transgender individuals.

Many Republican states are defending anti-trans laws that discriminate against transgender people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for transgender youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning transgender people. Earlier this month, the 4th U.S. Circuit Court of Appeals also reversed a sports ban in West Virginia, ruling that Title IX protects transgender student athletes. However, the U.S. Supreme Court recently narrowed a victory for transgender healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful…We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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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

Gov. Abbott tells state ignore federal student LGBTQ+ protections

The new Title IX rules expanded the definition of sex-based harassment. Texas is also suing the Biden administration to block the changes

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Texas Attorney General Ken Paxton sued the Biden administration Monday after it extended Title IX to LGBTQ students. (Photo Credit: Austin Price for The Texas Tribune)

By Sneha Dey | AUSTIN, Texas – Gov. Greg Abbott ordered the Texas Education Agency on Monday to ignore a Biden administration rule that expanded federal sex discrimination protections to include LGBTQ+ students.

The Biden administration recently revised the rules for Title IX, the sweeping civil rights law that prohibits sex-based discrimination at federally funded colleges and K-12 schools. The new rules, which are set to go into effect in August, redefined sex discrimination and sex-based harassment to prevent misconduct based on sex stereotypes, pregnancy, gender identity and sexual orientation. It codifies initial guidance documents that prompted Texas Attorney General Ken Paxton to sue the Biden administration last year.

“Congress wrote Title IX to protect women. Biden, with no authority to do so, rewrote Title IX to protect men who identify as women,” Abbott wrote Monday on social media platform X.

Abbott’s order came the same day Paxton announced he had sued the Biden administration Monday to block the Title IX changes. Texas joins a growing number of Republican-led states that have berated the new rules, setting the stage for a legal fight over LGBTQ+ student protections. They say the Biden administration misinterpreted the intent of Title IX.

In its final interpretation of Title IX, the Biden administration sought to extend a 2020 U.S. Supreme Court case decision related to workplace discrimination to students. The high court ruled in Bostock v. Clayton County that Title VII, a civil rights law that bars employment discrimination on the basis of sex, applied to gay and transgender workers.

The Title IX changes also walk back rules set during the Trump administration that required “live hearings” in which students accused of sexual misconduct could question accusers in a courtroom-like setting. The Biden administration kept Trump-era provisions that allow informal resolutions and prohibit penalties against students until an investigation is complete.

The Texas Tribune partners with Open Campus on higher education coverage.

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Sneha Dey’s staff photo

Sneha Dey is an education reporter for The Texas Tribune. She covers pathways from education to employment and the accessibility of postsecondary education in Texas, with an eye on college readiness, community colleges and career and technical training. Prior to joining the Tribune, she had stints at NPR’s Education Desk and Chalkbeat. Sneha is a graduate of Northwestern University’s Medill School of Journalism. She grew up in New York and is based in Austin.

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

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Los Angeles

Los Angeles Tourism joins with LGBTQ+ folks to celebrate Pride

LA Pride returns, promising an incredible lineup of events, including LA Pride in the Park headlined by Ricky Martin

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Photo Credit: Discover Los Angeles/LA Tourism Board

LOS ANGELES – Los Angeles Tourism will join the 54th annual LA Pride festivities this June through its support of the organization and its annual lineup of events. LA Pride stands as one of the largest Pride celebrations in the United States and the world.

Throughout LA Pride, local Angelenos and travelers can secure a nearby hotel with the best available rates and enjoy welcome amenities, discounts and more at select properties.

“LA Pride beautifully captures the spirit of our City of Angels with its focus on unity, inclusivity, and self-expression,” said Adam Burke, President & CEO of the Los Angeles Tourism & Convention Board. “We are incredibly proud to invite both our fellow Angelenos as well as travelers from around the world to join us in celebrating our LGBTQ+ community.”

LA Pride returns, promising an incredible lineup of events, including LA Pride in the Park headlined by Ricky Martin, the LA Pride Parade & Block Party on Hollywood Boulevard, LGBTQ+ Pride Night at Dodger Stadium and PRIDE is Universal

 

LA Pride in the Park will take place on Saturday, June 8, 2024 across more than 20 acres of lush green space at LA State Historic Park. The event will feature dozens of local and LGBTQ+ vendors, a huge variety of food & beverage, beer gardens and a special lineup. The global icon Ricky Martin will headline LA Pride in the Park, with additional artists to be unveiled. As the first openly gay Latin artist to take center stage at LA Pride, this also marks Martin’s first-ever headliner Pride performance, anywhere.

The series of events during LA Pride includes the iconic LA Pride Parade which will be held on Sunday, June 9, 2024, in Hollywood Boulevard Area. Over 150 contingents will march this year, using the theme “Power in Pride.” The route will be along Hollywood Blvd, and surrounding streets. Those who can’t make it in person are able to watch a live broadcast on ABC7.

“LA Pride radiates a vibrant tapestry of acceptance, unity, and celebration year-round,” shared Gerald Garth, Board President, LA Pride/Christopher Street West. “It’s a testament to our city’s unwavering commitment to embrace diversity and foster an inclusive spirit that transcends boundaries.”

Additional top events during LA Pride include LA Pride in The Park, Parade Block Party, LGBTQ+ Night at Dodger Stadium and Pride is Universal. Read on for details on top events and hotel deals throughout Pride.

For more information about how to celebrate Pride in Los Angeles, visit DiscoverLosAngeles.com/GayLA.

LA PRIDE: EVENTS

LA Pride in The Park – June 8th

Returning to LA State Historic Park for a talented music line-up, dozens of food trucks, sponsor giveaways and activities and much more. LA Pride in The Park takes place on Saturday, June 8th. It’s all happening on over 20 acres of lush green space with a view of the DTLA skyline. Ricky Martin will headline LA Pride in the Park, with additional artists to be unveiled. Tickets can be purchased here.

Parade Block Party – June 9th

Don’t forget the fun Parade Block Party on June 9th, a free Block Party adjacent to the Parade, open from mid-day and going into the evening. With a performance stage, large vendor village, food, pop-up bars, and more. Last year, 35,000 people enjoyed this free Parade “after-party,” don’t miss it! Talent and other announcements coming soon!

LGBTQ+ Pride Night at Dodger Stadium – June 14th

Come watch the Dodgers take on the Kansas City Royals with LA Pride pre-game festivities featuring DJ party, and Pride merch for special ticket holders, only available at dodgers.com/lapride

Pride is Universal – June 15th

Our exclusive after-hours theme park takeover is a fan favorite. Pride is Universal will feature live DJs, Universal character meet-and-greets, photo ops, and more, with musical guests, drag performers and all new elements for this year.  Hours, details, and new features to be announced. Tickets go on sale soon.

LA PRIDE: STAY & SLAY

Visitors coming to Los Angeles to celebrate Pride from June 8-11 can “Stay and Slay” with a collection of hotel offers specially curated by Los Angeles Tourism to welcome revelers from around the world. Highlighted hotel offers are listed out below.

Dream Hollywood Hotel

Tucked among the scenic Hollywood Hills, Dream Hollywood boasts 178 playfully sophisticated guest rooms with subtle nods to the mid-century modern aesthetic iconic to LA. Featuring accommodations with unparalleled views, Tao, Beauty & Essex, and The Highlight Room, one of the LA’s swankiest rooftop pools. Book the best available rate here.

The Godfrey Hotel Hollywood

Exuding the energy of old Hollywood and walking distance to Sunset Blvd, the new Godfrey Hotel features one of the largest rooftops in Los Angeles, four on-site bars, various indoor-outdoor event spaces and About Last Knife, an energetic, chef-driven gastropub-meets-steakhouse. LA Pride Staycation: Celebrate love with The Godfrey and receive 15% off the best available rate here.

Hollywood Hotel – The Hotel of Hollywood

Contemporary accommodations meet quintessential Hollywood glamour at Hollywood Hotel. From a sparkling pool to the Route 66 Bistro Bar & Lounge, the historic Hollywood Hotel reflects classic movie star style in every sense. Visit hotel site for best available rate here.

The Hollywood Roosevelt

The Hollywood Roosevelt is a complete lifestyle destination, fusing entertainment, art, culture, design and music all around the property while providing a glimpse at its storied past. Visit hotel site for best available rate here.

Kimpton Everly Hollywood

Kimpton Everly Hollywood is a breath of fresh air in the midst of one of the world’s most storied neighborhoods. The sophisticated Hollywood Hills-infused residential vibe invites lingering and intimate interaction in the café, living room and skyline pool area. Book the hotel’s best available rate here.

Loews Hollywood Hotel

Loews Hollywood Hotel rises 20 floors above the famed intersection of Hollywood and Highland. Spectacular views of the iconic Hollywood sign and Los Angeles cityscape set the stage for 628 rooms including 113 spacious suites, as well as the rooftop pool. *Use CODE: PRIDE to receive 2 comp cocktails at H2 Kitchen & Bar and complimentary upgrade to a suite. Website here.

Mama Shelter

Designed by Thierry Gaugain to honor the beauty of the SoCal landscape, Mama Shelter LA features five floors of uniquely decorated rooms, each a cozy haven in itself. 70 rooms have king-size beds decked out in 5* linen – fit for a movie star! The hotel boasts one of LA’s best rooftop bars, while dining options will appeal to carnivores and vegans alike. View hotel site for best available rate here.

Sheraton Universal

Nestled below the Hollywood Hills, the Sheraton Universal Hotel is just steps away from Universal Studios Hollywood and CityWalk. Unwind at the poolside lounge or be dazzled with a 270-degree view of Hollywood from the 20-foot windows of the rooftop Starview Room. Book the hotel’s best available rate here.

Thompson Hollywood

Thompson Hollywood is a luxurious new hotel that brings elevated service, and laidback California cool to the heart of Hollywood. The hotel features 190 sophisticated guest rooms and 16 suites, a rooftop pool with sweeping views of Los Angeles, and a state-of-the-art fitness center. The world-class culinary and nightlife destinations include the rooftop lounge Bar Lis, chef Lincoln Carson’s French-inspired Mes Amis, and The Terrace, which pairs European fare with Californian views. Use CODE: STAYPROUD to receive best available rate + bottle of wine + 10% donation to Hollywood LGBT Center. Website here.

Tommie Hollywood

Get comfy in a California way, at Tommie Hollywood. There’s a stylish rooftop pool, fitness center, and a terrace bar in the heart of Los Angeles. This 4-star hotel includes the latest restaurant by award winning chef, Wes Avila, Ka’teen. Use code: STAYPROUD to book the best available rate and receive a welcome amenity and bottle of wine, plus a 10% donation to Hollywood LGBT Center here.

W Hollywood Hotel & Residences

Welcome to the new Hollywood. W Hollywood brings together the magnetic spirit of the Golden Era, infused with epic innovation, elegance and excitement. Welcome backstage, where W guests are insiders in the vivacity of the spotlight. Receive 10% off hotel stay plus welcome amenity. Website here.

When you’re not celebrating LA pride at the parade or many events around the city, celebrate by visiting one of the many LGBTQ+ owned restaurants around Los Angeles. Start off in Casita Del Campo in Silverlake for Mexican dishes, make a stop Liberation Coffee House for a latte and end the night at n/naka which was featured in Season 1 of Netflix’s Chef’s Table. n/naka is your ultimate destination for fine Japanese cuisine. View the full guide to LGBTQ owned restaurants in LA here.

For more information, visit discoverlosangeles.com, follow at facebook.com/DiscoverLosAngeles, or @discoverLA on Twitter, Instagram and TikTok.

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World

Out in the World: LGBTQ+ news from Europe & Asia

LGBTQ+ news stories from around the globe including Iraq, Germany, Council of Europe, United Kingdom and Hong Kong

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IRAQ

Iraqi protesters set fire to a rainbow-colored flag representing the LGBTQ+ community in Baghdad in front of the Swedish Embassy after a Qur’an was burned outside a mosque in Stockholm, June 29, 2023. (Photo Credit: Screenshot/Al Jazeera)

BAGHDAD, Iraq – A law passed by the Iraqi parliament Saturday criminalizes same-sex relationships with a maximum 15-year prison sentence and also penalizes transgender Iraqis who face potential prison sentences ranging between one and three years under the new law.

Member of Parliament Nouri al-Maliki told the AFP news agency that passage of the measure was delayed until after Prime Minister Mohamed Shia al-Sudani’s visit to Washington earlier this month. A second MP, Amir al-Maamouri told Shafaq News that the new law was “a significant step in combating sexual deviancy given the infiltration of unique cases contradicting Islamic and societal values.”

In a statement released by Matthew Miller, the Spokesperson for the U.S. Department of State, Miller noted:

The United States is deeply concerned by the Iraqi Council of Representatives’ passage of an amendment to existing legislation, officially called the Anti-Prostitution and Homosexuality Law, which threatens constitutionally protected human rights and fundamental freedoms. The law bans same-sex relations with steep fines and imprisonment and punishes those who “promote homosexuality.” Limiting the rights of certain individuals in a society undermines the rights of all.

This amendment threatens those most at risk in Iraqi society. It can be used to hamper free-speech and expression and inhibit the operations of NGOs across Iraq. The legislation also weakens Iraq’s ability to diversify its economy and attract foreign investment. International business coalitions have already indicated that such discrimination in Iraq will harm business and economic growth in the country.

Respect for human rights and political and economic inclusion is essential for Iraq’s security, stability, and prosperity. This legislation is inconsistent with these values and undermines the government’s political and economic reform efforts.

UK Secretary of State Lord David Cameron in a statement posted to X (formerly Twitter) called the law “dangerous and worrying.” He added “No one should be targeted for who they are. We encourage the Government of Iraq to uphold human rights and freedoms of all people without distinction.”

GERMANY

Germany vs Italy 5-2 from the Nations League championship 2023. (Screenshot/YouTube)

FRANKFURT AM MAIN, Germany – According to German media outlet Preussische Allgemeine Zeitung, a group of professional footballers from the Deutsche Fußball Liga [German Football League] will be announcing that they are gay on the International Day Against Homophobia, May 17.

PinkNewsUK reported the German outlet has quoted Marcus Urban as a source. Urban is a former footballer in Germany who came out after retiring. He was the second player worldwide to come out, only after British player Justin Fashanu in 1990. Fashanu was the only prominent player in pro English football to come out, until Jake Daniels in 2022. 

Urban told Redaktions Netzwerk Deutschland [Editorial Network Germany]  the move is part of an initiative in Germany in an attempt to encourage closet LGBTQ+ players and others working in football to come out. All clubs involved are said to have been made aware of the imminent announcement.

Urban is a co-founder of Diversero, a global community who celebrate and live diversity that he said contact with the players. Speaking about the closeted players he noted: “There is controversy there. Do I still want to wait until the world of football becomes the way I want it to be?”

COUNCIL OF EUROPE

Plenary chamber of the Council of Europe’s Palace of Europe in Strasbourg, France.
(Photo Credit: Adrian Grycuk)

STRASBOURG, France – The Council of Europe’s Committee for the Prevention of Torture (CPT) has issued a set of standards and recommendations to European prisons aimed at ensuring that transgender prisoners, a highly vulnerable segment of the prison population, are treated with respect and protected from the risks of ill-treatment.

In its annual report for 2023, the CPT notes that it is increasingly meeting transgender persons held in prisons during its visits to states to monitor the conditions of detention of persons deprived of liberty. The CPT aims to provide guidance to governments and prison administrations, considering that European countries are currently implementing divergent policies and that there is a current debate as to how to treat transgender persons in prison.

CPT President Dr Alan Mitchell said: “Prisons are a microcosm of society, often with amplified issues given the smaller confined settings. Transgender persons held in detention can be in a situation of vulnerability and a heightened risk of intimidation and abuse. It is concerning that a few states still deny the existence of transgender persons and make no specific provision for their treatment in prison, which may expose them to ill-treatment. Governments should put in place safeguards to protect transgender persons in detention and ensure that they are treated with dignity and care”.

The report identifies as a challenge the widely divergent criteria of placement of transgender persons throughout Europe depending on individual states’ policies. Some are based on self-identification and declaration, others on legal recognition, and a few on gender-affirming surgery. Few states have specific policies and legislation to guide prison authorities on placement of transgender persons, often done on a case-by-case basis subject to an individual risk assessment.

In line with the European Court of Human Right’s case law, the CPT highlights that national legislation should provide for the recognition of persons of a gender other than that assigned by birth and not establish any pre-condition to legal gender recognition such as gender-affirming surgery. Consequently, when a person self-identifies as transgender in the prison admission procedure, this should be sufficient for the prison administration to treat the person as such.

The CPT considers that transgender persons should be accommodated in the prison section corresponding to the gender with which they identify. Although there have been a few unfortunate cases of the placement in women’s prison sections of transgender persons accused or convicted of sexual offences against women, the committee highlights that, as for any other prisoners, they should only be placed elsewhere for exceptional security or other reasons after an individual risk assessment. In addition, transgender prisoners should be consulted about their placement preference during the entry procedure and be given the option to keep their gender identity confidential.

During its visits to several states, the CPT met transgender women prisoners held in male sections who stated they did not feel safe, and some alleged having been sexually abused and assaulted by other prisoners or verbally abused by staff. In some countries, the CPT also met transgender women who reported that they were often not allowed to shower at different times as male prisoners, were humiliated by being referred to by their male names or prohibited from wearing women´s clothes.

In the CPT’s view, transgender prisoners should be allowed to dress in the clothes associated with their self-identified gender and be addressed by their chosen names by prison staff. Prison administrations should also address them by their preferred names, titles and pronouns in verbal and written communication, irrespective of official documents. Further, national and prison authorities should ensure that all prison staff is trained to understand and address the specific needs of transgender persons and the risks they are exposed to in the prison environment.

The committee urges national authorities to address the risks of discrimination of transgender persons in prison and implement policies to prevent and combat ill-treatment by prison staff and inter-prison violence and intimidation targeting them. It also provides guidance to ensure that body searches of transgender persons are not perceived as degrading by the persons concerned.

UNITED KINGDOM

The Royal Courts of Justice, London. (Photo Credit: UK Government/Courts)

LONDON, UK – The Austen Hays Limited law firm this week launched a class action lawsuit in The High Court of Justice in London against West Hollywood, California- based Grindr, alleging that the world’s largest LGBTQ+ casual encounters app had violated British data protection laws.

Reuters reported that the suit claims British users’ highly sensitive information, including HIV status and the date of their latest HIV test, were provided to third parties for commercial purposes.

In a statement released to the media a spokesperson for Grindr said: “We are committed to protecting our users’ data and complying with all applicable data privacy regulations, including in the UK. We are proud of our global privacy programme and take privacy extremely seriously. We intend to respond vigorously to this claim, which appears to be based on a mischaracterisation of practices from more than four years ago, prior to early 2020.”

The Austen Hays Limited law firm’s managing director Chaya Hanoomanjee responded saying:

“Our clients have experienced significant distress over their highly sensitive and private information being shared without their consent. Many have suffered feelings of fear, embarrassment, and anxiety as a result,” Hanoomanjee said.

“Grindr owes it to the LGBTQ+ community it serves to compensate those whose data has been compromised and have suffered distress as a result, and to ensure all its users are safe while using the app, wherever they are, without fear that their data might be shared with third parties,” she added.

So far 670 people have signed up to the claim, and the firm said “thousands” more people had expressed interest in joining.

The Irish Examiner reported on Monday, April 22 that the claim against Grindr will be focused on the periods before April 3, 2018, and between May 25, 2018, and April 7, 2020, meaning newer users are unlikely to be able to join. Grindr changed its consent mechanisms in April 2020.

Grindr, based in Los Angeles, announced it would stop sharing users’ HIV status with third-party companies in April 2018 after a report by Norwegian researchers revealed data sharing with two companies.

HONG KONG

Henry Edward Tse after his landmark win at the Court of Final Appeal.
(Photo Credit: Henry Edward Tse/Edmond So)

HONG KONG, China –  A 33-year-old trans man who has been battling authorities to change his gender from female to male on his Hong Kong ID card since he first launched legal action in 2017, and winning a verdict from the Court of Final Appeal in February 2023, has finally been able to get his new ID card this week.

In an interview with Hong Kong-based South China Morning Post journalist Lo Hoi-ying, Tse told her: “I thought to myself, I have won the lawsuit over a year ago, why do I still have to go through all of this?”

Tse, the chairman of the NGO Transgender Equality Hong Kong, also filed a separate lawsuit against the government in March for what he said was a discriminatory delay in issuing him his new ID card.

He said he would seek monetary compensation for the distress caused by the delay, which could not be forgotten even after changing his card. “Potentially in the future, if there are similar cases for the LGBTQ community, the government should not delay policy updates like this,” he said.

While Tse said that his new ID could make life easier for him and solve some surface issues, he conceded it was only a small step in the fight for transgender rights, the South China Morning Post reported.

“The updated policy is not fully trans-inclusive, as measures such as submitting blood test reports for randomized checks still violate our privacy,” he said.

“There are still many hurdles for us, such as marriage. These are all issues we have to confront, which cannot be solved merely by an ID change.”

Additional reporting by Agence France-Presse, Shafaq News, Redaktions Netzwerk Deutschland, Office of Public Affairs for the Council of Europe, BBC News, PinkNewsUK, Irish Examiner, & the South China Morning Post.

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Federal Government

Health & Human Services reverses Trump era anti-LGBTQ+ rule

Public support for nondiscrimination protections for LGBTQ Americans continues at high levels among the American public

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Xavier Becerra is the 25th Secretary of the Department of Health and Human Services and the first Latino to hold the office in the history of the U.S. (Photo Credit: HHS Public Affairs/Facebook)

WASHINGTON – The U.S. Department of Health and Human Services Office for Civil Rights  has issued a final rule on Friday under Section 1557 of the Affordable Care Act (ACA) advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ+ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, Counsel and Health Care Strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ+ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency (LEP), and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ+ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS,  and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ+ people and the unlawful expansion of religious exemptions, which the new rule corrects.  The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place.  Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

Sarah Kate Ellis, CEO and President of GLAAD, released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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South Carolina

SC Senate, K-12 bill mandates ‘a boy will use the boys’ bathroom’

The requirement was inserted into the S.C. Senate’s $13.8B spending plan, despite expectations of a lawsuit

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South Carolina statehouse in Columbia. (Photo Credit: State of South Carolina)

By Skylar Laird | COLUMBIA, S.C. — Students in South Carolina’s K-12 schools would need to use bathrooms and locker rooms corresponding to their biological sex at birth under a rule senators inserted into their state budget package.

The proposal approved by senators 30-7 on party lines late Wednesday applies to multi-stalled school restrooms and places where students undress, to include locker rooms and gym showers. It also specifies that during overnight school trips, students of different genders can’t sleep in the same room or use the same multi-occupancy bathroom — unless they’re siblings.

All 30 of the Senate’s Republicans voted for it. Some Democrats didn’t vote.

The vote came a day after state Superintendent Ellen Weaver sent a letter to district superintendents and school board members statewide recommending that they disregard new federal regulations expanding sex discrimination protections in Title IX to include sexual orientation and gender identity. The federal rules are supposed to take effect Aug. 1.

 Sen. Wes Climer, R-Rock Hill, explains his amendment on school bathrooms Wednesday, April 25, 2024. (Screenshot of SCETV legislative livestream)

Sen. Wes Climer, R-Rock Hill, acknowledged taking “a bit of a U-turn” in offering completely different state rules for public schools.

“I don’t have any particular delight in standing here discussing this. In fact, I find it baffling, insane that we’re even having this conversation,” he said after taking the podium to explain his proposal.

This “stipulates in school settings that a boy will use the boys’ bathroom, the boys’ locker room, the boys’ changing room, and a girl will use the girls’ bathroom, the girls’ locker room, the girls’ changing room,” he said.

The proposal, he said, is in response to an 18-year-old senior at Rock Hill High who’s daily using the women’s locker room. Climer didn’t elaborate, and a spokesperson for the school district did not immediately respond to requests from the SC Daily Gazette for comment.

Under his proposal, districts that violate the rule risk up to 25% of their state funding.

Technically, the budget clause is not an all-out ban. Rather, it bars school districts from using any state taxes to maintain facilities or pay for trips in violation of the rule. However, since revenue sources for school operations generally all go into the same pot of money, it’s effectively a ban, as Republicans intend it to be. It’s written that way because state budget clauses must pertain to budget allocations.

A court fight?

Sen. Tameika Isaac Devine, D-Columbia, tried unsuccessfully to get Climer’s amendment thrown out as not germane to the budget. She also argued it incorrectly attempts to change state law that declares it illegal to discriminate based on sex or in ways “degrading to human dignity.” But she was overruled.

“We know that this amendment will be a violation of constitutional law, and we could be sued. The state could be sued,” Devine said. “I think we are willfully ignoring that to play to people’s fears.”

She pointed to a 2015 federal lawsuit in which a transgender student in Virginia successfully sued the local school board for not allowing him to use the men’s bathroom or locker room.

A federal appeals court agreed with the lower court’s ruling requiring the school board to allow him to use the facilities of his choice. And the Supreme Court in 2021 decided not to hear the case, allowing that decision to stand.

Climer acknowledged a lawsuit is likely, and the same district court that ruled on Virginia’s case may rule the same way.

But he thinks the U.S. Supreme Court would take the case this time, especially since more states are adopting similar rules, so justices could be settling multiple cases.

Regardless, “it was the right thing to do,” he told the Gazette.

“It’s unconscionable that an 18-year-old man is in locker rooms with 14-year-old girls,” he said.

Sen. Deon Tedder, D-Charleston, said if the transgender female student Climer’s referring to has undergone hormone replacement therapy to have more feminine attributes, using the men’s room might be inappropriate.

“If that person was born a male and has physically transitioned and is no longer a male, by voting for this we’d be sending a female into the male’s locker room now,” Tedder said.

His arguments will likely come back next week.

Before adjourning Thursday, senators voted to put a bill banning gender-transitioning surgeries and hormones for transgender youth under 18 on priority debate status. Opponents have repeatedly said no such surgeries are happening in South Carolina.

Ten states require students to use the bathroom of the sex they were assigned at birth, according to Movement Advancement Project, an LGBTQ advocacy group.

That points to a changing climate from the days when North Carolina adopted a similar law, known as the bathroom bill, in 2016, causing nationwide uproar and losing the state major business deals. State lawmakers ultimately undid that law in 2017.

Back then, South Carolina lawmakers rejected a similar proposal from a GOP senator, with then-Gov. Nikki Haley calling it unnecessary.

“That ship has sailed,” Climer said.

Jace Woodrum, director of the American Civil Liberties Union of South Carolina, called Wednesday’s late-night approval of a budget clause a way to “sneak an unpopular policy” into state law.

“Right now, in South Carolina, it isn’t easy to be a transgender kid,” Woodrum said in a statement to the SC Daily Gazette. “Transgender kids are often bullied, called incorrect names, left out of sports and activities, and made to use restrooms and locker rooms that put their safety at risk.

“Instead of trying to make schools safer and fairer for all students, South Carolina lawmakers are bullying transgender students,” he continued. “They need to get their priorities in order.”

The bathroom requirement was one of many education-related clauses senators added to the budget before voting late Wednesday to send the amended, $13.8 billion spending plans back to the House.

They included one letting students from small private schools try out for public school sports teams, mirroring a bill advanced by the Senate Education Committee. With just six legislative days left in the regular session, that’s among bills running out of time to make it through the process. Putting it in the state budget makes it a one-year law. The proposal would allow students using state-funded scholarships for private school tuition continue playing on a sports team not offered at their new school.

Spending differences

Senators debated for two full days on the budget advanced by the Senate Finance Committee, mostly on policy. Very little of the floor debate involved dollar figures.

A final budget for the fiscal year starting July 1 is still weeks away. The House will get another chance to tweak its plan before the two versions go to a six-member committee of House and Senate members to hash out the differences.

One major distinction between the two proposals is how to spend $600 million in surplus sales tax collections that have built up since 2020 in an account for property tax relief. Gov. Henry McMaster recommended lawmakers put it toward fixing bridges.

The Senate plan would put $100 million toward accelerating an income tax cut. The rest would go to road and bridge projects, aside from $53 million set aside for the University of South Carolina’s new medical campus.

The House had proposed spending $500 million on a one-time property tax relief, averaging $359 per homeowner.

Senators also agreed upon higher raises for state employees than the House passed in its budget. The Senate budget would give all employees making less than $50,000 a $1,375 raise, with everyone else getting a 2.75% boost.

The House plan had recommended a $1,000 raise to anyone making $66,667 or less and a 1.5% raise to employees making more.

Both chambers agreed on raising first-time teachers’ pay to $47,000 minimum in the coming year, up from $42,500. They also agreed on a minimum salary schedule, giving teachers annual increases for experience through 28 years in the classroom. That’s one part of the budget now guaranteed. With both chambers in agreement, those teacher pay raises are now locked in as final.

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Skylar Laird

Skylar Laird covers the South Carolina Legislature and criminal justice issues. Originally from Missouri, she previously worked for The Post and Courier’s Columbia bureau.

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The preceding article was previously published by the South Carolina Daily Gazette and is republished with permission.

The South Carolina Daily Gazette is a nonprofit news site providing nonpartisan reporting and thoughtful commentary. We strive to shine a light on state government and how political decisions affect people across the Palmetto State. We do that with coverage that’s free to both readers and other news outlets.

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

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