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Despite Harris deal, few surgeries granted to trans inmates in California

Campaign says anti-trans bias may play a role in implementation

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Kamala Harris, gay news, Washington Blade

Sen. Kamala Harris (D-Calif.) speaking at the HRC/CNN LGBT Town Hall on Oct. 10. (Photo courtesy of CNN)

Sen. Kamala Harris’s presidential campaign said Tuesday anti-trans bias may play a role in the implementation of a policy she helped create under pressure to provide transgender inmates in California with gender reassignment surgery, after a Washington Blade public records request found only seven prisoners ever got the male-to-female procedure out of 130 who asked.

Harris, a supporter of LGBTQ rights, nonetheless continues to be asked about her work as California attorney general in litigation seeking to deny gender assignment surgery to transgender inmates in the state prison system — and the data indicate that Harris cast the settlement in a rosier light than ended up playing out.

Despite the policy she announced in 2015 enabling inmates to obtain gender reassignment surgery, the data from California Correctional Health Care Services — provided to the Washington Blade after a request under California’s Public Records Act — reveals only a small percentage of inmates who have requested the procedure have been able to obtain it, raising questions about its effectiveness.

In a letter dated Nov. 8 to the Blade, the state prison health system reveals 130 inmates requested male-to-female gender reassignment surgery since the policy was announced, but only seven were granted the procedure in the same time period. Meanwhile, 51 inmates requested female-to-male gender reassignment surgery, but only 10 obtained the procedure.

Based on these numbers, only 5 percent of inmates who requested male-to-female gender reassignment surgery obtained the procedure under the policy Harris helped create and has promoted on the campaign trail, and only 20 percent of inmates who requested female-to-male gender reassignment surgery have obtained it.

Kate Waters, a spokesperson for the Harris presidential campaign, said anti-trans bias may be playing a role in implementation in response to a Blade inquiry on the data.

“Kamala Harris believes every American has a right to adequate and comprehensive health care, including transition-related care for those at correctional facilities,” Waters said. “Toward the end of her tenure as attorney general she worked behind the scenes to establish a policy around granting gender-affirming surgeries to individuals who are currently incarcerated — the first of its kind in the country. It’s clear the implementation of this policy should be evaluated and examined for bias.”

Very few trans inmates in California prison have been granted requests for gender reassignment surgery.

Over the course of her presidential campaign, Harris has had to defend herself amid questions about litigation in which she sought to block transgender inmates from having gender reassignment surgery. In fact, at her first news conference for her 2020 presidential campaign in D.C. at Howard University, it was the topic of her first question, which was asked by the Washington Blade.

At the time, Harris implied she disagreed with the position of her client, the California Department of Corrections & Rehabilitation, but defended the agency in court because it was her duty as a public official.

“I was, as you are rightly pointing out, the attorney general of California for two terms and I had a host of clients that I was obligated to defend and represent and I couldn’t fire my clients, and there are unfortunately situations that occurred where my clients took positions that were contrary to my beliefs,” Harris said.

Harris also indicated she wasn’t fully aware of the litigation happening within her office.

“It was an office with a lot of people who would do the work on a daily basis, and do I wish that sometimes they would have personally consulted me before they wrote the things that they wrote?” Harris said. “Yes, I do.”

The issue came up in an interview with the Los Angeles Blade and at the Iowa LGBTQ forum hosted by GLAAD in September, where Lyz Lenz, a columnist for the The Gazette, asked the 2020 presidential hopeful about it.

In both of those instances, Harris brought up in favorable terms a policy agreement she helped institute at the California Department of Corrections & Rehabilitations as evidence she redirected the litigation into something positive for the transgender community.

“I did it quietly, because I actually disagreed with my client initially, when they had the policy, and so I did it behind the scenes,” Harris told the Los Angeles Blade. “I helped to resolve and change the policy. The issue for me was to make sure the right thing would happen.”

Harris added: “Let me just be very clear: I don’t want to take full credit for that, because I don’t deserve full credit for that. I don’t want what I said to be interpreted as that. There were a lot of people involved in that.”

In an interview with the National Center for Transgender Equality, Harris brought up the issue on her own and in particular underscored the importance of that policy.

“I made sure that they changed the policy in the state of California so that every transgender inmate in the prison system would have access to the medical care that they desired and need,” Harris said. “I know it was historic in California, but I believe, actually, it may have been one of the first if not the first in the country where I pushed for that policy in a Department of Corrections.”

As California attorney general, Harris in 2015 defended the California Department of Corrections & Rehabilitation, which was being sued for refusing to provide gender reassignment surgery to two transgender inmates: Michelle Lael-Norsworthy, who was serving time in prison in Mule Creek State Prison in Ione, Calif., for second-degree murder, and Shiloh Quine, who’s serving a life sentence for first-degree murder, kidnapping and robbery.

Transgender advocates maintain transition-related care, including gender reassignment surgery, is medically necessary and should be afforded to inmates in prison, where the costly procedure would be provided at taxpayer expense. Withholding the treatment, transgender advocates argue, is cruel and unusual punishment, therefore a violation of the Eighth Amendment under the U.S. Constitution.

At one point, when a trial court ruled against the state in the Norsworthy case and ordered the state to grant her gender reassignment surgery, Harris as attorney general appealed the decision to the U.S. Ninth Circuit Court of Appeals, where she continued to argue the procedure should be blocked.

Among Harris’ critics for defending the California state prison system in those cases is Chase Strangio, a New York-based transgender advocate and attorney.

“It would have been one thing had she chosen to settle a legal challenge to establish a policy that might help people in custody but that is not what she did,” Strangio told the Blade. “Instead, Harris’s office fully litigated a case to try to block care for transgender people while simultaneously implementing a supposedly improved policy, which we continue to learn is grossly inadequate.”

Strangio added Harris sought legal precedent that would have made conditions “substantially worse” for people in the Ninth Circuit and “could have hurt transgender people beyond California and ultimately sent a message to corrections staff in her state that the care being requested was not supported by the state.”

“It is impossible to know whether Sen. Harris personally agrees with the notion of providing health care to transgender people in custody but what is abundantly clear is that when she had various opportunities to take a stand to ensure that the system was improved for prisoners who are transgender she failed to act with a commitment to transgender justice,” Strangio said.

As media scrutiny of these cases continued when the case was before the Ninth Circuit, including with coverage in the Washington Blade, a settlement was announced on Aug. 8, 2015 that would enable the inmates to obtain the procedure (although for Norsworthy the process consisted of being granted parole, then being able to obtain gender reassignment surgery under the state’s MediCal program).

“Members of the LGBT community, especially those who are transgender, are too often subjected to discrimination and forced to live on the margins of our society,” Harris said at the time. “In a groundbreaking settlement, the California Department of Corrections & Rehabilitation has agreed to evaluate and provide sex-reassignment surgery if recommended to Shiloh Quine, a transgender inmate. This is an important step forward in the ongoing effort to protect transgender rights in California.”

As part of this settlement, the California prison system agreed to create a new policy that would ease the process for transgender inmates seeking gender reassignment surgery, enabling them to obtain it without having to win court battles.

But the new data demonstrates only a small number of transgender inmates have been able to obtain the procedure, raising questions about the policy’s effectiveness.

Asked by the Blade to review the data, Strangio said it speaks volumes about the difficulty for transgender people in obtaining transition-related care, including gender reassignment surgery, while serving time in the criminal justice system.

“Sadly, these numbers reflect how dangerously inadequate health care is for transgender people, particularly transgender women, in custodial settings,” Strangio said.

The Washington Blade has placed a request with current California Attorney General Xavier Becerra, who’s responsible for enforcing the policy, on whether the guidelines are not properly being implemented.

It’s unclear why only a small percentage of these inmates have been granted gender assignment surgery. Under policy established by the World Professional Association for Transgender Health, a person seeking the procedure must have medical clearance, which means they can’t have any health issues that would make the surgery pose too great a risk for the individual.

As laid out in the actual policy memo for California Department of Corrections & Rehabilitation, which was most recently updated in December 2018, inmates seeking to have gender reassignment surgery have to go through a multi-step process.

An inmate’s request for surgery is submitted to the Statewide Medical Authorization Review Team, or SMART, which will then refer to the Gender Affirming Surgery Review Committee before that panel sends it back to SMART for final review.

According to the documents, factors the committee should consider when evaluating the request is a verifiable diagnosis of gender dysphoria; whether other treatments besides surgery should be considered; whether the inmate has no other health conditions the surgery would exacerbate; and if the inmate has been consistent with his or her gender identity for 12 months.

The California Department of Corrections didn’t respond to multiple requests from the Blade to comment on whether the system is adequate given the low numbers of requests for gender reassignment surgery from inmates that have been granted.

Transgender advocates, however, said the numbers are evidence the California state prison system, despite the policy Harris helped create, is woefully inadequate in providing necessary transition-related care to transgender inmates.

Mara Keisling, executive director of the National Center for Transgender Equality, said the paucity of requests granted indicates transgender inmates aren’t being denied the procedure for medical reasons, but due to anti-trans animus and budgetary limits.

“It’s not about whether or not they are medically able to have the surgery, it is about the prisons and the state not wanting to do it,” Keisling said.

Strangio placed blame with both the California state prison system as well as Harris, saying regardless of the role she had in crafting the guidelines, the data show “it is not a policy that is adequately being implemented.”

“It is impossible to extricate the ongoing recalcitrance on the part of the agency from the message sent from the state’s highest officials, Harris included, that providing health care to transgender people in custody should be fought aggressively in court,” Strangio said.

Keisling, however, was reluctant to criticize Harris, saying her actual role in creating the California guidelines is impossible to verify and bureaucracies have a way of stymying policies created by public officials.

“Definitely the bad guy is the Department of Corrections,” Keisling added.

Shawn Meerkamper, senior staff attorney for the San Francisco-based Transgender Law Center, also responded to the data with generalized concerns that weren’t aimed at Harris.

“Transgender people’s medical needs are real and cannot be dismissed by the state,” Meerkamper said. “California’s prisons affirmed they have the responsibility to provide medically necessary treatment for gender dysphoria, including surgery, in 2015 following the Norsworthy and Quine cases. While policies are a good first step, unfortunately the California prisons continue to deny this life-saving health care to the vast majority of people who need it.”

The Transgender Law Center represented Norsworthy and Quine in litigation and hailed the settlement in 2015 when it was reached with the California Department of Corrections & Rehabilitation.

More recently, the U.S. Ninth Circuit Court of Appeals has issued a ruling that made access to gender reassignment surgery for prison inmates binding precedent in all states within its jurisdiction, including California.

In August, a three-judge panel on the Ninth Circuit issued the per curium opinion in favor of Adree Edmo, who was denied gender reassignment surgery while being incarcerated for sexual abuse at the Idaho State Correctional Institution.

“We hold that where, as here, the record shows that the medically necessary treatment for a prisoner’s gender dysphoria is gender confirmation surgery, and responsible prison officials deny such treatment with full awareness of the prisoner’s suffering, those officials violate the Eighth Amendment’s prohibition on cruel and unusual punishment,” the decision says.

At the time, Harris said in a statement to the Blade she supports the ruling, maintaining it “rightly reaffirms the right to adequate and comprehensive health care, including transition-related care for those at correctional facilities.”

Despite the Ninth Circuit ruling, Strangio said denial of care to transgender inmates remains a “systemic problem across corrections systems” and requires “truly committed reformers” to make change.

But Strangio said that isn’t Harris.

“It is not enough to suggest passive support while publicly opposing humane treatment of transgender people, which is ultimately what Harris did as attorney general,” Strangio said. “As the numbers show, people are not getting the health care that they need and Sen. Harris should take responsibility for the roadblock her office was to improving life chances for transgender people across the state.”

UPDATE 11/25/2019: The California state prison system, after the initial publication of this article, responded to the Washington Blade with a statement announcing current policy on gender reassignment surgery for transgender inmates is under review.

Terry Thornton, a spokesperson for the California Department of Corrections & Rehabilitation, said the prison system has several policies in place on transgender inmates and recognizes the value of gender reassignment surgery as medically necessary care.

“The Eighth Amendment of the U.S. Constitution requires that prisons provide medically necessary treatment for prisoners’ medical needs based on medical considerations,” Thorton said. “For the past several years, gender-affirming surgery has been increasingly viewed by the medical and mental health community as a safe and effective treatment for some people suffering from gender dysphoria.”

Key memos guiding those policies within the California Correctional Health Care Services, Thornton said, are currently under revision: The “Gender Dysphoria” care guide, last modified in May 2015, and the supplement to that care guide, “Guidelines for Review of Requests for Gender Affirming Surgery,” effective in May 2015 and revised in December 2018.

“Guidelines and supplemental documents are continuously revised to align with community standards and as needed to ensure operational efficiency,” Thornton added.

Treatment for gender dysphoria is individualized between a patient and their provider, Thornton said, and each patient is reviewed on a case-by-case basis “taking into account their medical and mental health history and current condition.”

In response to the few number of surgeries granted to transgender inmates, Thornton said a person requesting surgery may not be eligible at first, but subsequently eligible upon resubmittal. Inmates may appeal any health care decision, Thornton said, including denials of gender reassignment surgery.

Thornton identified several reasons why inmates would be denied gender reassignment surgery, including other health conditions that make the procedure too high a risk to their well-being or that must be well controlled; not meeting the WPATH criteria for the surgery; having mental health conditions that would likely worsen with surgery or impede surgical recovery; or simply completing a prison sentences and being released to parole.

“As far as we know, California is the only prison system in the United States with a process to approve gender-affirming surgeries and has policies to improve safety, help prevent sexual abuse, create a more respectful environment, improve outcomes for reentry and improve medical care for its incarcerated transgender community,” Thornton concluded.

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West Hollywood

West Hollywood in brief- City government in action this week

Older Adults Health Fair, May is Mental Health Awareness Month, Foster Care Panel Discussion, Kings Street Design Concept Plan plus more

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Photo by Paulo Murillo

Older Adults Health Fair on Tuesday, May 21 at Plummer Park

WEST HOLLYWOOD – To celebrate Older Adults Month, the City of West Hollywood will host its 19th Annual West Hollywood Older Adults Health Fair on Tuesday, May 21, 2024, from 10 a.m. to 1 p.m. at Plummer Park’s Community Center, located at 7377 Santa Monica Boulevard. Admission is free; no RSVP is required.

The Older Adults Health Fair is a no-cost event co-sponsored by Cedars-Sinai and Jewish Family Service LA. The event will feature health screenings, information from more than 25 health and social services community partners, vaccinations, a Human Library activity, complimentary lunch while supplies last, giveaways, and more. Local organizations will provide health and social services information, Cedars-Sinai will conduct health screenings, and the Los Angeles County Department of Public Health will administer COVID-19 and flu vaccinations.

Limited free parking is available at the Plummer Park parking lots, located at 7377 Santa Monica Boulevard and Fountain Avenue/ N. Vista Street at the north end of the park. There are also paid parking meters in the surrounding area.

The City of West Hollywood provides free transportation to Plummer Park through its Cityline service. Cityline is a friendly and accessible alternative to the larger bus system and all shuttles are ADA-accessible. Cityline operates Monday through Saturday from 9 a.m. to 6 p.m. and shuttles arrive approximately every 30 minutes. For additional information and a detailed route map, visit www.weho.org/cityline — route maps are also available on Cityline shuttles and at West Hollywood City Hall, located at 8300 Santa Monica Boulevard.

For more information about the Older Adults Health Fair, please contact Becca Lubin, City of West Hollywood Strategic Initiatives Program Administrator, at (323) 848-6518 or at [email protected]

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

May is Mental Health Awareness Month

The City of West Hollywood joins organizations and mental health advocates across the nation in recognizing the month of May as Mental Health Awareness Month, a time to work together to fight stigma, provide support, educate the public, and advocate for policies that support the millions of people living with mental illness and their families.

In commemoration of the month, from Wednesday May 15, 2024 through Wednesday, May 29, 2024, West Hollywood City Hall will be lit green, the color of recognition for mental health awareness month.

Mental Health Awareness Month began in the United States in 1949 and was started by Mental Health America (MHA). Mental illness affects more than 50 million people in the United States. According to the National Association of Mental Illness (NAMI), one in five U.S. adults experiences a mental health condition each year. Annually, mental illness affects; 16% of Asian adults; 21% of Black/African American adults; 18% of Native Hawaiian/Pacific Islander adults; 21% of Hispanic adults; 27% of American Indian/Alaska Native adults; 24% of White adults; 35% of multiracial adults and 50% of LGBTQ adults.

The impacts of mental health challenges are significant among youth. One in six U.S. youth experiences a mental health condition each year, and only half of them receive treatment. Data also shows that mental health treatment, i.e. therapy, medication and selfcare has made recovery a reality for most people from mental illness.  People receiving treatment in a given year are 47% of adults with mental illness, 65% of adults with severe mental illness and 51% of youth (6-17) with a mental health condition. Last year 56% of lesbian, gay, bisexual, and transgender adults with a mental health diagnosis received treatment or counseling.

Mental Health Action Day was founded to shift mental health culture from awareness to action. Now in its fourth year, this global movement is powered by a growing coalition of more than 2,300 nonprofits, leading brands, government agencies, and cultural leaders that spread the message that, just like our physical health, we can take actions to improve our mental health.  This year’s call to action is to dedicate one hour to social connection. For more information about how to participate in Mental Health Action Day go to www.mentalhealthaction.network

If you are experiencing a mental health crisis, connect to the 988 Suicide and Crisis Lifeline 24/7 by calling or texting 988 or connect to emergency community services by calling 211. The 988 Suicide & Crisis Lifeline (formerly known as the National Suicide Prevention Lifeline) provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week, across the United States. 

 Those in need of mental health support or connections should reach out to the following resources for assistance:

  • APLA Health – West Hollywood provides individual and group therapy sessions to assist with a variety of concerns including depression, anxiety, grief, and trauma. Contact (213) 201-1369 or visit https://aplahealth.org/
  • Didi Hirsch Mental Health Services provides counseling, psychiatric services, medication support and substance abuse programs at various sites. Contact the 24/7 Crisis Line: (800) 273-8255 or (888) 807-7259 or visit www.didihirsch.org.
  • Jewish Family Services Comprehensive Service Center provides social services programming for seniors and people with disabilities that includes counseling, psychiatry, and case management. Contact (323) 851-8202
    or visit www.jfsla.org.
  • Los Angeles County Department of Mental Health (DMH) directly operates more than 80 programs and contracts with more than 700 providers who provide a spectrum of mental health services to people of all ages.  Contact the 24/7 Help Line at (800) 854-7771, or text “LA” to 741741 to be connected to a crisis counselor via text message, or visit https://dmh.lacounty.gov/.
  • Los Angeles LGBT Center’s Mental Health Services team provides counseling, group support, addiction recovery, and psychiatry services for LGBT and non-LGBT individuals for issues including depression, anxiety, domestic violence/intimate partner violence, and substance use. Contact (323) 993-7669 or visit www.lalgbtcenter.org
  • Maple Counseling provides free and low-cost comprehensive mental health services to individuals of all ages, couples, and families. Contact (310) 271-9999 or visit www.maple4counseling.org
  • The National Alliance on Mental Illness (NAMI)  provides free education, support, and advocacy. The NAMI Westside Los Angeles Chapter can be reached by contacting (310) 889-7200 or visiting www.namila.org
  • The National Coalition Against Domestic Violence (NCADV) website at www.ncadv.org offers comprehensive and inclusive information for all about warning signs of domestic and intimate partner violence and abuse, including psychological abuse, and how to get help. NCADV runs the National Domestic Violence Hotline website at www.thehotline.org, which offers immediate help to everyone  24/7/365 via the “chat now” button on the website or by calling (800) 799-SAFE (7233) or texting LOVEIS to 22522, and for people who are Deaf/hard of hearing: (855) 812-1011 (VP) or (800) 787-3224 (TTY).
  • Saban Community Clinic provides individual therapy and support groups for stress, anxiety, and more to help develop practical coping skills. Contact (323) 653-1990 or visit www.sabancommunityclinic.org.
  • The Trevor Project provides confidential and free crisis counseling, information & support to LGBTQ young people 24/7, all year round. Contact (866) 488-7386, or text 678-678, or via online chat at www.thetrevorproject.org.

The City of West Hollywood’s Human Services Division website area provides information about available local mental health services and resources at https://www.weho.org/services/human-services/mental-health or contact staff at (323) 848-6510. 

The City of West Hollywood’s Recreation Services Division provides information about quality leisure service experiences that promote health and wellness at https://www.weho.org/community/recreation-services including the City’s Be Well WeHo program designed to support physical and mental health at any age.

For more information about the City of West Hollywood’s recognition of Mental Health Awareness Month, please contact Larissa Fooks, the City of West Hollywood’s Community Programs Coordinator, at (323) 848-6413 or at [email protected].

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

City of West Hollywood will Host a Foster Care Panel Discussion

The City of West Hollywood will host a free panel discussion that will focus on the effective practices and challenges within the foster care system and the transformative power and compassion of fostering.

The panel discussion will take place on Tuesday, May 21, 2024 at 6:30 p.m. at the City of West Hollywood’s Council Chambers/Public Meeting Room, located at 625 N. San Vicente Boulevard. It aims to bring further awareness to issues impacting foster youth during May, which is National Foster Care Awareness Month. The panel will bring together diverse perspectives including professionals who work to support the foster youth population in various capacities.  

The discussion will be moderated by Dawn McCoy, a children’s advocate and founder of the Loving Way Foundation. The Loving Way Foundation’s mission is focused on ending child abuse through advocacy, awareness, and visibility while bettering the lives of impacted children.

Panelists will include:

  • Bonnie Sharpe, Director of Programs at Extraordinary Families, whose mission is to help children and youth in foster care to have the childhoods and futures they rightfully deserve.
  • Mario Gonzalez, Academic Services Manager at Foster Love whose mission is to improve the lives of children in foster care by providing essential resources and educational opportunities.
  • Jody Giles, Director of Philanthropy at Catalyst Family Office, an organization that supports philanthropic endeavors to help drive meaningful change. 
  • Nova Bright-Williams, Head of Internal Training, Learning & Development, at The Trevor Project whose mission is to provide lifesaving and life-affirming services to LGBTQ young people.
  • Shiré Wortham, Social Worker at Alliance for Children’s Rights whose mission is to protect the rights of children in poverty and those overcoming abuse and neglect by delivering free legal services, supportive programs, and systemic solutions.

May marks National Foster Care Month, a pivotal time to raise awareness regarding the needs of more than 391,000 children and young individuals within foster care. The month is a time to raise awareness of issues related to foster care and acknowledge the parents, family members, foster parents, child welfare, and related professionals, mentors, policymakers, and other community members of the community who help children and youth in foster care find permanent homes and connections.

National Foster Care Month is also an opportunity to raise awareness about the overrepresentation of LGBTQ youth in child welfare, 30% of whom identify as LGBTQ. LGBTQ youth who face family rejection and maltreatment are often forced out of their homes, or will run away, become homeless, or enter the foster care system.

For more information, please contact Jennifer Del Toro, the City of West Hollywood’s Community and Legislative Affairs Supervisor, at (323) 848-6549 or at [email protected].

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

City of West Hollywood will Kick Off WeHo Pride Season Beginning on May 22, Harvey Milk Day

Each year, the City of West Hollywood celebrates the artistic contributions of the LGBTQ community by kicking off WeHo Pride season with an annual Harvey Milk Day event.

On Wednesday, May 22, 2024 at 6 p.m. Pride Starts Here with the second annual José Sarria Drag Pageant. The event is organized by the City of West Hollywood and West Hollywood Drag Laureate Pickle and is co-sponsored by the Imperial Court and by Los Angeles County Supervisor Lindsey P. Horvath, Third District. It will take place at the West Hollywood Park Aquatic and Recreation Center Respite Deck, located at 8750 El Tovar Place, adjacent to West Hollywood Library. The event is free to attend; advance RSVPs are requested at https://HarveyMilk2024.eventbrite.com.

José Sarria was the first openly gay person to run for office in the United States, helped pave the way for Harvey Milk’s successful run for office, was a well-known drag performer under the name the Window Norton, and founded the International Imperial Court System, which is one of the oldest and largest LGBTQ organizations in the world. The Drag Pageant competition will be hosted by West Hollywood Drag Laureate Pickle, and several drag icons will be honored. Judges will include Queen Mother Karina Samala and Emperor Eugene Maysky of the Imperial Court, Landon Cider, Anil Patel, Nyx, and Kyra Jete. 

In addition to the Drag Pageant, the event will include a voter registration table, a Harvey Milk photo opportunity, and typewriter poetry provided by Pride Poets. Pride Poets is a cohort of LGBTQ poets who create custom poetry for the public on typewriters. Pride Poets was founded by former West Hollywood City Poet Laureate Brian Sonia-Wallace for the City’s LGBTQ Arts Festival in 2019. The participation of Pride Poets in this event is funded by a City of West Hollywood Arts Grant.

For nearly four decades, the City of West Hollywood has been home to one of the largest Pride celebrations in the nation. Hundreds of thousands of LGBTQ people and allies from around the world traditionally make West Hollywood their regular destination during Pride season.

WeHo Pride Weekend will take place from Friday, May 31, 2024 to Sunday, June 2, 2024 and, in addition to the WeHo Pride Parade, will include the free WeHo Pride Street Fair; WeHo Pride Presents Friday Night at OUTLOUD; the OUTLOUD Music Festival; the Women’s Freedom Festival; the Dyke March; and more. The WeHo Pride Arts Festival will take place from Friday, June 14, 2024 to Sunday, June 16, 2024. WeHo Pride celebrations will include a diverse array of LGBTQ community group programming from May 22 to June 30 as part of visibility, expression, and celebration.

The WeHo Pride Arts Festival is organized by the City’s Arts Division. The City of West Hollywood is committed to providing accessible arts programming for residents and visitors and the City’s Arts Division delivers a broad array of arts programs including Art on the Outside (temporary public art), Urban Art Program (permanent public art), Summer Sounds, Winter Sounds, the WeHo Reads literary series, Free Theatre in the Parks, Arts Grants for Nonprofit Arts Organizations, Library Exhibits and Programming, the City Poet Laureate Program, Drag Laureate, Drag Story Hour, Human Rights Speakers Series and the WeHo Pride Arts Festival Weekend. For additional information, please visit www.weho.org/arts

Additional information about WeHo Pride 2024 is posted at www.wehopride.com. OUTLOUD Music Festival information is posted at www.weareoutloud.com. Follow @wehopride on  Instagram and Facebook and follow @officiallyoutloud on Instagram and Facebook. Sign up for WeHo Pride text updates by texting “Pride” to (323) 848-5000.

Since its incorporation in 1984, the City of West Hollywood has become one of the most influential cities in the nation for its outspoken advocacy on LGBTQ issues. No other city of its size has had a greater impact on the national public policy discourse on fairness and inclusiveness for LGBTQ people. Home to the “Rainbow District” along Santa Monica Boulevard, which features a concentration of historic LGBTQ clubs, restaurants, and retail shops, the City consistently tops lists of “most LGBTQ friendly cities” in the nation.

More than 40 percent of residents in West Hollywood identify as LGBTQ and four of the five members of the West Hollywood City Council are openly gay. The City has advocated for nearly 40 years for measures that support LGBTQ individuals and the City is in the vanguard of efforts to gain and protect equality for all people on a state, national, and international level. #WeHoPride @WeHoCity

For more information about the City of West Hollywood’s José Sarria Drag Pageant on Harvey Milk Day or about the WeHo Pride Arts Festival, please contact the City of West Hollywood’s Arts Coordinator, Mike Che, at (323) 848-6377 or at [email protected] or visit www.wehopride.com/artsfestival.

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

‘Willoughby, Vista/Gardner, and Kings Street Design Concept Plan’ Informational Open House at Plummer Park on May 21

The City of West Hollywood invites community members to attend an upcoming Informational Open House to learn more about the Willoughby, Vista/Gardner, and Kings Street Design Concept Plan. The purpose of this in-person open house is to provide community members with detailed information regarding the Street Design Concept Plan and share an overview of the project’s steps taken to-date and next steps, moving forward.

The Informational Open House will take place on Tuesday, May 21, 2024, at 6 p.m. at the Plummer Park Community Center in Rooms 1 and 2, located at 7377 Santa Monica Boulevard. Drop-in; no advance RSVP is needed. Light refreshments will be served. 

The City of West Hollywood’s mobility projects are guided by the adopted Pedestrian and Bicycle Mobility Plan, which advocates for comfortable, safe, healthy, and convenient places to walk and bicycle in the context of a balanced, multimodal transportation network serving pedestrians, bicyclists, transit riders, and motorists of all ages and abilities. 

The Street Design Concept Plan was identified as a priority project in the Pedestrian and Bicycle Mobility Plan, and it launched in 2019. The project’s primary objective is to enhance the neighborhood and protect the safety of both pedestrians and cyclists through strategic street improvements across the corridor. This comprehensive streetscape initiative aims to create safer, more accessible routes for walking and biking while effectively reducing cut-through traffic. By transforming Kings Road and Vista/Gardner Streets into key connecting corridors, the Street Design Concept Plan facilitates a seamless link between residential and commercial areas and east-west routes like Santa Monica Boulevard and Fountain Avenue. This connectivity not only supports a healthier, more active community but also promotes environmental sustainability and enriches local quality of life.

The Street Design Concept Plan is the first project stage in the development of the Willoughby, Vista/Gardner, and Kings Street Design Capital Improvement Project. With the recent approval of the Street Design Concept Plan by the West Hollywood City Council, the Plan now moves forward to the Design & Engineering Phase, where concepts will be developed in much more detail. This includes the development and incorporation of detailed engineering plans, specifications, and cost estimates that will serve as the blueprint for project construction. The next stage of the project will determine the feasibility of the conceptual project elements from the Street Design Concept Plan and allow for additional insight into any refinements that may need to be incorporated into the project’s final design. 

The Community Engagement and Plan Development Process to date has included: 

  • The Willoughby, Vista/Gardner, and Kings project was identified in the Pedestrian and Bicycle Mobility Plan adopted in 2017, and outreach on the Concept Plan for these streets began with a visioning workshop in Summer 2019. 
  • The project was delayed due to COVID-19 pandemic restrictions, but in August 2022 the City hosted two community virtual workshops. Feedback and survey responses guided recommendations.
  • In 2022, demonstration projects were installed along Willoughby as an alternative way to share ideas and provide community input.
  • In addition to the community workshops, staff also met with residents to share information about the project. City staff attended multiple update meetings with the City of Los Angeles, including Council District 5 and the Mid-City West Neighborhood Council. 
  • As part of the demonstration project and community workshops in 2022, Here LA and the City’s WeHoTV collaborated to put together an engagement video to help community members envision potential street changes and improvements.
  • In April 2023, based on feedback from the community, City staff finalized the report and recommendations to include protected bike lanes along Vista/Gardner, except for the two blocks between Fountain and Lexington, which were excluded due to the potential loss of parking along this segment.
  • Staff presented these recommendations to the Transportation & Mobility Commission in June 2023, and the Commission expressed its support.
  • In November 2023, the West Hollywood City Council directed staff to develop a policy to include protected bike lanes on all roadway projects. Following this directive, staff developed a protected bike lane option for Gardner between Fountain and Lexington.
  • In March 2024, staff presented the Street Design Concept Plan to the West Hollywood City Council with two options for Gardner between Fountain and Lexington, including one with the addition of protected bike lanes.

The City of West Hollywood will be providing additional community outreach opportunities, moving forward, to refine concepts as part of the upcoming Design & Engineering Phase. In particular, the City will be looking for ways to address issues of concern, including minimizing impacts to on-street parking.

For additional information about the Street Design Concept Plan, please visit the Engage WeHo information and feedback page, which is located at https://engage.weho.org/willoughby

For more information, please contact Bob Cheung, City of West Hollywood Senior Transportation Planner, at (323) 848-6346 or at [email protected].

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

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For up-to-date information about City of West Hollywood news and events, follow @wehocity on social media, sign-up for news updates at www.weho.org/email, and visit the City’s calendar of meetings and events at www.weho.org/calendar.  West Hollywood City Hall is open for walk-in services at public counters or by appointment by visiting www.weho.org/appointments.  City Hall services are accessible by phone at (323) 848-6400 and via website at www.weho.org.  Receive text updates by texting “WeHo” to (323) 848-5000.

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West Hollywood

WeHo will kick off 2024 Pride Season on May 22, Harvey Milk Day

For nearly four decades, the City of West Hollywood has been home to one of the largest Pride celebrations in the nation

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Los Angeles Blade/City of West Hollywood graphic

WEST HOLLYWOOD – Each year, the City of West Hollywood celebrates the artistic contributions of the LGBTQ community by kicking off WeHo Pride season with an annual Harvey Milk Day event.

On Wednesday, May 22, 2024 at 6 p.m. Pride Starts Here with the second annual José Sarria Drag Pageant. The event is organized by the City of West Hollywood and West Hollywood Drag Laureate Pickle and is co-sponsored by the Imperial Court and by Los Angeles County Supervisor Lindsey P. Horvath, Third District.

It will take place at the West Hollywood Park Aquatic and Recreation Center Respite Deck, located at 8750 El Tovar Place, adjacent to West Hollywood Library. The event is free to attend; advance RSVPs are requested at https://HarveyMilk2024.eventbrite.com.

José Sarria was the first openly gay person to run for office in the United States, helped pave the way for Harvey Milk’s successful run for office, was a well-known drag performer under the name the Window Norton, and founded the International Imperial Court System, which is one of the oldest and largest LGBTQ organizations in the world.

The Drag Pageant competition will be hosted by West Hollywood Drag Laureate Pickle, and several drag icons will be honored. Judges will include Queen Mother Karina Samala and Emperor Eugene Maysky of the Imperial Court, Landon Cider, Anil Patel, Nyx, and Kyra Jete. 

In addition to the Drag Pageant, the event will include a voter registration table, a Harvey Milk photo opportunity, and typewriter poetry provided by Pride Poets. Pride Poets is a cohort of LGBTQ poets who create custom poetry for the public on typewriters. Pride Poets was founded by former West Hollywood City Poet Laureate Brian Sonia-Wallace for the City’s LGBTQ Arts Festival in 2019. The participation of Pride Poets in this event is funded by a City of West Hollywood Arts Grant.

For nearly four decades, the City of West Hollywood has been home to one of the largest Pride celebrations in the nation. Hundreds of thousands of LGBTQ people and allies from around the world traditionally make West Hollywood their regular destination during Pride season.

WeHo Pride Weekend will take place from Friday, May 31, 2024 to Sunday, June 2, 2024 and, in addition to the WeHo Pride Parade, will include the free WeHo Pride Street Fair; WeHo Pride Presents Friday Night at OUTLOUD; the OUTLOUD Music Festival; the Women’s Freedom Festival; the Dyke March; and more.

The WeHo Pride Arts Festival will take place from Friday, June 14, 2024 to Sunday, June 16, 2024. WeHo Pride celebrations will include a diverse array of LGBTQ community group programming from May 22 to June 30 as part of visibility, expression, and celebration.

The WeHo Pride Arts Festival is organized by the City’s Arts Division. The City of West Hollywood is committed to providing accessible arts programming for residents and visitors and the City’s Arts Division delivers a broad array of arts programs including Art on the Outside (temporary public art), Urban Art Program (permanent public art), Summer Sounds, Winter Sounds, the WeHo Reads literary series, Free Theatre in the Parks, Arts Grants for Nonprofit Arts Organizations, Library Exhibits and Programming, the City Poet Laureate Program, Drag Laureate, Drag Story Hour, Human Rights Speakers Series and the WeHo Pride Arts Festival Weekend.

For additional information, please visit www.weho.org/arts

Additional information about WeHo Pride 2024 is posted at www.wehopride.com.

OUTLOUD Music Festival information is posted at www.weareoutloud.com. Follow @wehopride on  Instagram and Facebook and follow @officiallyoutloud on Instagram and Facebook.

Sign up for WeHo Pride text updates by texting “Pride” to (323) 848-5000.

Since its incorporation in 1984, the City of West Hollywood has become one of the most influential cities in the nation for its outspoken advocacy on LGBTQ issues. No other city of its size has had a greater impact on the national public policy discourse on fairness and inclusiveness for LGBTQ people. Home to the “Rainbow District” along Santa Monica Boulevard, which features a concentration of historic LGBTQ clubs, restaurants, and retail shops, the City consistently tops lists of “most LGBTQ friendly cities” in the nation.

More than 40 percent of residents in West Hollywood identify as LGBTQ and four of the five members of the West Hollywood City Council are openly gay. The City has advocated for nearly 40 years for measures that support LGBTQ individuals and the City is in the vanguard of efforts to gain and protect equality for all people on a state, national, and international level. #WeHoPride @WeHoCity

For more information about the City of West Hollywood’s José Sarria Drag Pageant on Harvey Milk Day or about the WeHo Pride Arts Festival, please contact the City of West Hollywood’s Arts Coordinator, Mike Che, at (323) 848-6377 or at [email protected] or visit www.wehopride.com/artsfestival.

For people who are Deaf or hard of hearing, please call TTY (323) 848-6496.

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Montana

ACLU asks court: Stop Montana state agencies harming trans folks

ACLU argues the rule violates the right to privacy, which the Montana Constitution says is “essential to the well-being of a free society”

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Lewis and Clark County District Courthouse 228 E Broadway Street, Helena, Mont. (Photo Credit: Lewis and Clark County/Montana BW)

By Keila Szpaller | HELENA, Mont. – People who are transgender need to be able to amend their birth certificates and driver’s licenses without interference from the state of Montana, plaintiffs in a lawsuit argued this week in a request for a preliminary injunction.

So the Lewis and Clark County District Court should block the Department of Public Health and Human Services and the Department of Justice from unconstitutionally preventing them, the plaintiffs said.

The status quo not only violates the constitutional rights of transgender Montanans, it causes harm, said the motion filed Thursday.

“Uncorrected identity documents serve as constant reminders that one’s identity is perceived by society and the government as ‘illegitimate,’” said the ACLU Montana in the filing.

The result can exacerbate gender dysphoria — a serious medical condition associated with incongruity between assigned sex and gender identity — and cause psychiatric disorders and even the risk of suicide, the plaintiffs said.

On the other hand, The World Professional Association for Transgender Health states that “changing the sex designation on identity documents greatly helps alleviate gender dysphoria,” the filing said.

Last month, the ACLU Montana filed a lawsuit on behalf of Jessica Kalarchik, Jane Doe, and “all others similarly situated” alleging Gov. Greg Gianforte, the Department of Public Health and Human Services, and the Department of Justice are violating the constitutional rights of transgender people.

The plaintiffs argue people who are transgender used to be able to amend their birth certificates without issue and without negative consequences to the state.

However, a 2022 rule through the health department, a new Motor Vehicle Department practice through the DOJ, and Senate Bill 458 treat them differently than cisgender people — whose gender identity corresponds to their assigned sex — and infringes on their rights.

“The 2022 Rule, the new MVD policy and practice, and SB 458 are solutions in search of a problem,” the plaintiffs said.

A spokesperson for Gianforte earlier said the governor stands by the bill he signed in 2023 “that brings the long-recognized, commonsense, immutable biologically-based definition of sex — male and female — into our state laws.”

The state health department earlier said it does not typically comment on pending litigation. The Department of Justice earlier denied the MVD had changed its policy on updating a sex designation on a driver’s license.

This week, the plaintiffs asked the court for a preliminary injunction to stop enforcement of the rule, practice and law, citing infringement of their constitutionally protected rights.

They also asked the court to certify the lawsuit as a class action on behalf of all Montanans who are transgender and need to change their birth certificates and driver’s licenses.

The American Civil Liberties Union Foundation of New York and Nixon Peabody of Chicago also are representing plaintiffs, pending approval from the court.

DPHHS Director Charlie Brereton and Attorney General Austin Knudsen also are sued as heads of state agencies.

Different law, same fight

Starting in 2017, people who were transgender could change their sex designations by submitting an affidavit to the health department.

In 2021, the Montana Legislature adopted Senate Bill 280, which restricted the ability of people who are transgender to change their birth certificates. But in a separate lawsuit, the court temporarily halted the law and ordered the health department to use the 2017 process instead.

“DPHHS pointed to no adverse consequence of having had to revert to the 2017 procedure,” said the filing this week.

The district court permanently enjoined SB 280 in 2023 and also found DPHHS to be in contempt for “openly and repeatedly defying” its order.

In February 2024, however, the state health department said it wouldn’t amend birth certificates based on gender identity, but only to correct errors, citing an administrative rule from 2022 and its alignment with Senate Bill 458.

Signed by Gianforte in 2023, SB 458 states that “there are exactly two sexes, male and female … (and) the sexes are determined … without regard to an individual’s psychological, behavioral, social, chosen or subjective experience of gender.”

The DOJ took action this year as well, ending the prior practice at the MVD of allowing changes to sex based on a letter from a doctor stating the person was changing or had changed their gender, according to the court filing.

“Instead, without following any notice-and-comment procedure, the DOJ and Attorney General Austin Knudsen adopted a new policy and practice that the MVD would only issue an amended driver’s license with a sex designation consistent with a person’s gender identity, rather than their assigned sex at birth, if the person provided an amended birth certificate — which the 2022 Rule prohibits transgender people from obtaining,” said the filing.

Constitutional rights violated, plaintiffs allege

The plaintiffs argue the changes violate multiple constitutional rights.

They violate their right to equal protection because the health department and MVD “single out transgender people for different and less favorable treatment vis-a-vis cisgender people,” the filing said.

The rule and practice also don’t serve a compelling state interest, the plaintiffs said.

In fact, 45 other states allow transgender people to amend their sex markers on their birth certificates, and 38 allow them to change the same on their driver’s licenses without an amended birth certificate, the filing said.

“Many of these states have allowed these changes to birth certificates and driver’s licenses for years without any widespread problems with the ability of those states to maintain ‘accurate vital statistics,’” the filing said.

They noted Montana was in the same boat earlier, making changes at the health department “without incident” from 2017 until the 2021 law was adopted.

The plaintiffs also argue that the rule, MVD practice and law violate the right to privacy, which the Montana Constitution says is “essential to the well-being of a free society.”

The state says that right shall not be infringed without a compelling state interest,” and the plaintiffs note the state affords even broader privacy protections than the federal constitution.

And they said health information is personal, sensitive and private.

“The mental and emotional toll of being forced, against one’s will, to publicly share personal information related to one’s transgender status is both humiliating and degrading,” the plaintiffs said.

If transgender people can’t change their birth certificates, they’re forced to reveal their transgender status every time they’re required to show those documents, the plaintiffs said.

“This forced ‘outing’ has serious adverse psychological effects and health consequences and often results in outright hostility toward transgender people,” said the court filing.

“Conversely, transgender people whose identity documents are consistent with the way they present themselves to the public experience better mental health and less mistreatment.”

The plaintiffs cited a study that said transgender people who changed their sex designation on documents were 35% less likely to have experienced related mistreatment than those who hadn’t made the changes.

“Other studies have shown that accurate identity documents promote economic benefits, including higher rates of employment and increased income,” the plaintiffs said.

They noted nearly one-third of transender people fall below the poverty line and the same number have experienced homelessness.

The state also is forcing people who are transgender to “express or embrace a viewpoint to which they disagree,” in violation of the right to be free from compelled speech, the plaintiffs allege.

Rather, transgender people are forced to carry and present identity documents with a sex designation that conflicts with what they know their sex to be and one that forces them to “disseminate the state’s view of their sex,” the plaintiffs argue.

The rule, policy and law are also “scientifically incorrect,” said the court filing.

“They ignore the existence of multiple genes involved in sex differentiation; the breadth of the endocrine system, which has multiple organs with multiple functions; and growing research documenting that gender identity is biologically based,” the plaintiffs said.

Class certification request

The plaintiffs also propose a class that includes all transgender people in Montana who want to change sex designations on their birth certificates or driver’s licenses.

Citing a study, the filing estimates roughly 0.41% of Montanans over 18 identify as transgender, or more than 3,400, and an estimated 49% don’t have documents that reflect the sex to which they identify, or some 1,700.

It said a class action case would account for the high number of potential plaintiffs, their geographic dispersion in a state such as Montana, the resources of the court, the resources of individual class members, and their vulnerability to threats of violence.

“Proceeding as a class diminishes the salience of such threats to any individual class member, as there is both safety in numbers and relative anonymity for class members,” said the request for class certification.

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Keila Szpaller

Keila Szpaller is deputy editor of the Daily Montanan and covers education. Before joining States Newsroom Montana, she served as city editor of the Missoulian, the largest news outlet in western Montana.

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The preceding article was previously published by the Daily Montanan and is republished with permission.

The Daily Montanan is a nonprofit, nonpartisan source for trusted news, commentary and insight into statewide policy and politics beneath the Big Sky.

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

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Los Angeles

RuPaul’s Drag Race Queens hit the Beverly Center

100% of the proceeds from OUTLOUD Presents Pride @ Bev will be donated to OUTWORDS, a LA local nonprofit organization

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OUTLOUD presents Pride @ Bev - Photo by Mike Pingel for WEHO TIMES

By Mike Pingel | LOS ANGELES – The second annual OUTLOUD Presents Pride @ Bev event hit the Beverly Center at 8500 Beverly Boulevard this Saturday for an afternoon of pride experiences with a discussion and special drag performances by Alyssa Edwards, Plane Jane, Laganja Estranja, and Plastique Tiara.

Pride @ Bev offered plenty of freebies, photo ops, and interactive activities like Drag Bingo hosted by Athena Kills, a Beauty Demo hosted by MakeUp Forever, and a Glam Station by Sephora. There were also Photo Moments, a VIP Lounge with bar and bites, and a chance to spin a Beverly Center Wheel for a chance to win VIP passes to the OUTLOUD Music Festival and WeHo Pride. VIP is completely sold out. The only way to get these passes now is to win them.

100% of the proceeds from OUTLOUD Presents Pride @ Bev will be donated to OUTWORDS, a LA local nonprofit organization that captures, preserves, and shares the stories of LGBTQIA2S+ elders to build community and catalyze social change.

OUTLOUD presents Pride @ Bev – Photo by Mike Pingel for WEHO TIMES
OUTLOUD presents Pride @ Bev – Photo by Mike Pingel for WEHO TIMES

OUTLOUD presents Pride @ Bev – Photo by Mike Pingel for WEHO TIMES

OUTLOUD Music Festival, created by Jeff Consoletti, launched in 2020 as a ten-episode series on Facebook in lieu of Pride Celebrations happening in cities across the country due to the Covid-19 Pandemic, quickly becoming one of the first major virtual LGBTQ+ showcases.

Since its debut, OUTLOUD garnered over nearly two billion media impressions and won several industry-topping awards including multiple SHORTY Awards for Best Use of Facebook and Best Use of Twitch, a MARCOM Award & a Cynopsis Digital Award for BEST LGBTQ Series.

Follow @OfficiallyOUTLOUD #WeAreOUTLOUD. http://weareoutloud.com.

The Beverly Center:

Located at the edge of Beverly Hills and West Hollywood, Beverly Center features the best in luxury and contemporary retail, along with delectable street level restaurants with everything from modern fresh favorites to fast-casual eateries. Home to over 90 stores, all beneath an impressive skyline, Beverly Center is anchored by Bloomingdale’s & Macy’s and is home to L.A.’s largest collection of luxury brands including Louis Vuitton, Gucci, Prada, Burberry, Dolce & Gabbana, Saint Laurent, Ferragamo, and trending fashion brands including Mango, Zara and H&M.

For more information, visit beverlycenter.com.

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Mike Pingel

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 WeHo Times and is republished with permission.


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Alabama

New policies tie Alabama library funding to LGBTQ book restrictions

A former employee of the Autauga-Prattville Public Library said the guidelines allow the APLS to “basically act like Big Brother”

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“Gender Queer,” a graphic memoir by Maia Kobabe, was the most challenged book in America in 2022, according to the American Library Association. (Photo by New Jersey Monitor)

By Ralph Chapoco | MONTGOMERY, Ala. – Libraries that do not restrict access to materials deemed sexually inappropriate by the Alabama Public Library Service Board could lose state funding under rules adopted by the APLS Board on Thursday.

The changes, recommended by Gov. Kay Ivey but pushed considerably further by a board member who also chairs the Alabama Republican Party, come amid divisive battles over content and leadership in libraries around the state, often over books with LGBTQ+ themes or characters.

“I think the important thing here, and one of my priorities from the beginning, is that we protect children in the state of Alabama,” said John Wahl, the chair of the Alabama Republican Party and a member of the board who led the push for the changes. “No one should want a child to stumble across sexually explicit material in the children’s section of the libraries.”

Opponents say the new rules amount to censorship and that the language is too vague to determine what materials fall under the ban.

“The policies approved today by the state Public Library Service are a sequel that no one asked for,” said Read Freely Alabama, a group originally organized to oppose restrictive circulation policies in Prattville. “They are virtually identical to the harmful censorship policies that Prattville’s extremist-stacked library board imposed earlier this year on families who rely on the community’s public libraries.”

Under the new rules, libraries must develop a materials selection policy, addressing how minors “are safeguarded from sexually explicit material deemed inappropriate for children or youth.” They must have a policy outlining where books will be located or relocated if they are “sexually explicit or other material deemed inappropriate for children or youth.”

Libraries must also develop policies for obtaining advance approval for placing such materials in displays targeted to children. The rules leave it unclear who would approve the display materials. They must also have stated guidelines that ensure sections for children do not have materials that are obscene, sexually explicit or believed to be inappropriate.

Local policies must also bar the purchase of such materials for the collection and state that minors younger than 18 years old must have parental approval before borrowing materials designated for the adult section.

APLS is responsible for distributing funding allocated to libraries by the state. Ivey sent a letter to APLS Director Nancy Pack last fall  requesting that the organization condition library funding on them adopting “sensible” policies to allow parents to better supervise their children while visiting a library.

She also wanted libraries to affirm that they will respond to parents’ concerns regarding materials they believe are sexually explicit or inappropriate on library shelves. Ivey also wanted money allocated to the American Library Association to be subject to approval by a “relevant governing authority.”

The changes adopted Thursday by the APLS Board went even further and included several proposals that Wahl believed were necessary to mitigate confusion by the public, including the selection criteria for minors that should exclude sexually explicit materials.

Right-wing groups have been targeting content in libraries, particularly books reflecting the experiences of LGBTQ+ people. The battle over content at the Autauga-Prattville Library began last year when a parent complained that a book contained inclusive pronouns.

Critics say the restrictions reflect an attitude that the existence of LGBTQ+ people is in itself obscene. Lacie Sutherland, a former employee of the Autauga-Prattville Public Library who attended Thursday’s meeting,  said the guidelines allow the APLS to “basically act like Big Brother.”

“Just because you think talking about LGBTQ+ plus books is inappropriate doesn’t mean they are,” she said in an interview following the meeting. “You just have a very disgusting viewpoint about the existence of human beings.”

Ivey’s recommended changes to the administrative code sparked a public input process. APLS solicited feedback from the public for several months since that October letter from Ivey was received.

Outside groups suggested their own changes. The Alabama Library Association proposed a code that would direct libraries to adopt policies to deal with patrons and children who were unsupervised by adults, the location of materials as well as establish a display policy. The Eagle Forum, a right-wing organization, wanted further restrictions beyond what Ivey had suggested.

APLS hosted a public hearing April 30 where more than 100 people spoke, most in opposition to the rules. Another 6,000 letters were submitted. APLS said about 1,600 of them favored the changes recommended by the Alabama Library Association while another 2,179 aligned with the changes submitted by Eagle Forum. The rest were a smattering of recommendations.

“Everyone is clearly very sincere in their views,” said Ronald Snider, the chair of the APLS Board. “We don’t question the sincerity of what their positions are. I have said this before, all this dissension has hurt the libraries of this state generally, as evidenced by the cut in our funding.”

The APLS has a total budget of about $15 million in the Education Trust Fund budget, which passed the Legislature earlier this month. Most of that funding goes to outside programs. About $4.12 million goes to its operations. For this year, that figure is roughly $3.77 million, almost 9% less.

The Alabama Legislature cut $351,000 (9%) from the APLS’  2025 operating budget, bringing it to roughly $3.77 million. The House of Representatives originally cut the agency’s budget by $701,000, but the Senate reduced the reduction by half.

House Ways and Means Education Committee Chair Danny Garrett, R-Trussville, who oversaw the budget, said in April the cuts were not punitive and that the money would be allocated to Dolly Parton’s Imagination Library and Better Basics, a Birmingham-based nonprofit that assists children with reading and math skills.

The allocation for the Imagination Library, under the Department of Early Childhood Education, increased by $250,000 in the final version of the ETF. Better Basics received $500,000.

The day began with a subcommittee meeting led by Wahl who introduced the proposed changes.

“It is time that we make sure Alabama libraries are safe for children in their children’s sections,” Wahl said. “I think we accomplished that today.”

Snider, who voted against the proposed amendments, abstained on a motion to change the administrative code. He noted that the Autauga-Prattville Library faced a lawsuit over restrictive policies it adopted earlier this year.

“We all are aware that the Prattville Library is now in litigation in federal court over the proposals they adopted that are substantially similar to what you have suggested,” Snider said to another board member, Amy Minton. “I would hate for the agency itself to be involved in litigation with respect to that.”

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Ralph Chapoco

Ralph Chapoco covers state politics as a senior reporter for States Newsroom. His main responsibility is the criminal justice system in Alabama.

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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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National

Over half of states sue to block rule protecting LGBTQ+ students

Twenty-six GOP-led states are suing the Biden administration over changes to Title IX which are due to take effect August 1, 2024

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Typical classroom in a New Jersey school via the office of the New Jersey governor. (Los Angeles Blade file photo)

By Shauneen Miranda | WASHINGTON — Twenty-six GOP-led states are suing the Biden administration over changes to Title IX aiming to protect LGBTQ+ students from discrimination in schools.

Less than a month after the U.S. Department of Education released its final rule seeking to protect against discrimination “based on sex stereotypes, sexual orientation, gender identity, and sex characteristics,” a wave of Republican attorneys general scrambled to challenge the measure.

The revised rule, which will go into effect on Aug. 1, requires schools “to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities.”

The lawsuits hail from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

All of the attorneys general in the 26 states suing over the final rule are part of the Republicans Attorneys General Association.

Various advocacy groups and school boards have also tacked onto the states’ legal actions. The lawsuits carry similar language and arguments in vehemently opposing the final rule. They say the new regulations raise First Amendment concerns and accuse the rule of violating the Administrative Procedure Act.

LGBTQ+ advocates say the revised rule offers students a needed protection and complies with existing law.

“Our kids’ experience in schools should be about learning, about making friends and growing as a young person. LGBTQ+ students deserve those same opportunities,” Sarah Warbelow, vice president of legal at the LGBTQ+ advocacy group Human Rights Campaign, said in an emailed statement. “In bringing these lawsuits, these state attorneys general are attempting to rob LGBTQ+ students of their rights, illustrating a complete disregard for the humanity of LGBTQ+ students.”

GOP states band together against new regulations

In the most recent effort, Alaska, Kansas, Utah, and Wyoming sued the Biden administration on Tuesday, accusing the Department of Education of seeking to “politicize our country’s educational system to conform to the radical ideological views of the Biden administration and its allies.”

The lawsuit claims that under the updated regulations, teachers, coaches and administrators would have to “acknowledge, affirm, and validate students’ ‘gender identities’ regardless of the speakers’ own religious beliefs on the matter in violation of the First Amendment.”

In another lawsuit, a group of Southern states —  Alabama, Florida, Georgia and South Carolina — sued the administration in federal court in Alabama over the new regulations.

Republican Alabama Attorney General Steve Marshall said President Joe Biden “has brazenly attempted to use federal funding to force radical gender ideology onto states that reject it at the ballot box” since he took office.

“Now our schoolchildren are the target. The threat is that if Alabama’s public schools and universities do not conform, then the federal government will take away our funding,” Marshall said in a press release.

The lawsuit also drew praise from Republican Florida Gov. Ron DeSantis, who said “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.” He added that the Sunshine State will “not comply” and instead “fight back against Biden’s harmful agenda.”

Individual states sue the administration 

Meanwhile, some states have opted to file individual lawsuits against the administration.

In Texas, Republican Attorney General Ken Paxton sued the Biden administration late last month in federal court in Amarillo. Paxton filed an amended complaint earlier this week, with two new plaintiffs added.

In an April 29 press release, Paxton said the Lone Star State “will not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology.”

Oklahoma’s Republican Attorney General Gentner Drummond filed a lawsuit against the Biden administration earlier this month in federal court in Oklahoma. The state’s education department also filed a separate suit against the Biden administration.

A hodgepodge of states

 

In late April, Republican attorneys general in Indiana, Kentucky, Ohio, Tennessee, West Virginia and Virginia filed a lawsuit against the Biden administration in federal court in Kentucky.

The states argued that the U.S. Education Department “has used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making.”

Idaho, Louisiana, Mississippi and Montana also sued the Biden administration in late April, echoing the language seen in the other related lawsuits. Seventeen local school boards in Louisiana also joined the states.

Earlier this month, Arkansas, Iowa, Missouri, Nebraska, North Dakota and South Dakota also brought a collective legal challenge to the final rule.

A spokesperson for the Education Department said the department does not comment on pending litigation but noted that “as a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations.” They added that the department looks forward “to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”

The department has yet to finalize a separate rule that establishes new criteria for transgender athletes. So far, 24 states have passed laws that ban transgender students from partaking in sports that align with their gender identity, according to the Movement Advancement Project.

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Shauneen Miranda

Shauneen Miranda is a reporter for States Newsroom’s Washington bureau. An alumna of the University of Maryland, she previously covered breaking news for Axios.

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The preceding article was previously published by the States Newsroom and is republished with permission.

News From The States brings expert, on-the-ground reporting from all 50 states together in one place.

State government greatly affects our daily lives, but many people don’t know if it’s working for them. States Newsroom exists to ensure that people from Oregon to Florida and Arizona to Maine have free access to a constant stream of high quality reporting about their state governments, policies and politics.

National audiences need this too. News From the States brings together daily reporting and commentary from States Newsroom’s affiliates, legacy partners and independent nonprofit content partners. Constantly updated, with curated featured stories and highlighted trends, it illuminates state government across the U.S. like never before.

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Louisiana

Trans bathroom restrictions heads to Louisiana governor’s desk 

The bill would also require a trans man, even one who has transitioned via hormones & gender affirming surgery, to use women. facilities

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Rep. Roger Wilder walks back to his desk on the House floor. (Louisiana Illuminator/Allison Allsop)

By Piper Hutchinson | BATON ROUGUE, La. – The Louisiana Senate easily passed a controversial bill restricting what bathrooms, changing rooms and sleeping quarters transgender people use in public facilities, sending it to the governor’s desk for action. 

House Bill 608 by Rep. Roger Wilder, R-Denham Springs, passed the Senate on a 29-10 vote after less than 15 minutes of discussion. Senate President Pro Tempore Regina Barrow, D-Baton Rouge, voted with Republicans on the bill. Sen. Katrina Jackson-Andrews, D-Monroe, voted against the bill but later added her name as a co-author. 

Wilder’s bill, which he’s dubbed the “Women’s Safety and Protection Act,” would segregate all bathrooms, changing and locker rooms as well as sleeping quarters by sex in public schools, domestic violence shelters and correctional facilities, prohibiting transgender people from using facilities that align with their gender identity. 

When he presented his bill to the House last month, Wilder was unable to point to a specific incident in Louisiana in which a woman or girl was harmed by a transgender woman at a public restroom or changing facility. 

Kate Kelly, a spokesperson for Republican Gov. Jeff Landry, was not immediately able to confirm Landry’s plans for the bill. The arch-conservative governor has openly supported other anti-LGBTQ+ measures, including two that restrict the discussion of gender and sexuality in K-12 schools

The bill also defines the terms “man,” “woman,” “girl,” “boy,” “male” and “female.” These definitions specifically exclude gender identity, which the bill does not define. 

Wilder’s proposal was carried on the Senate floor by Sen. Beth Mizell, R-Franklinton, who authored a law that prevents transgender people from competing in women’s sports

The bill was opposed by several LGBTQ+ rights advocates who argued the bill needlessly harms transgender people. The Williams Institute at the UCLA School of Law estimates there are approximately 20,000 transgender people living in Louisiana

“This bill represents a deeply troubling attempt to deny the humanity and dignity of an already vulnerable population by seeking to eliminate legal recognition of gender identities beyond the binary,” SarahJane Guidry, executive director of Forum for Equality, an LGBTQ+ rights organization, said at a committee hearing on the bill last week

Transgender people tend to experience higher rates of domestic violence and have higher suicide rates than people who identify as the gender they were assigned at birth. While many domestic violence shelters already turn away transgender people, Wilder’s bill would require they do so unless they have the space to offer separate sleeping quarters and bathrooms for transgender people. 

While Wilder pitched his bill as a way to keep women and girls from feeling uncomfortable or unsafe when men enter private areas, the legislation would require a transgender man, even one who has transitioned via hormones and gender affirming surgery, to use facilities designated for women. 

A transgender man is a man who was assigned female at birth. Transitioning refers to actions taken by a transgender person to align their bodies with their identified gender. 

The bill would allow anybody who experiences, or is expected to experience, direct or indirect harm as a violation of the bill to sue, including someone who is retaliated against for pointing out a violation. 

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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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New Hampshire

New Hampshire passes 3 anti-Trans bills in one day, more to come

New Hampshire appears poised to become one of the most risky states for transgender youth and adults in the Northeast

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New Hampshire Republican Governor Chris Sununu speaking at the National Governors Association, September 2023. (Photo Credit: Office of the Governor/Facebook)

By Erin Reed | CONCORD, N.H. – On Thursday, the New Hampshire Legislature passed three separate anti-trans and anti-LGBTQ+ bills targeting transgender people in sports, schools, and medical care.

All three bills are now headed to the Governor Chris Sununu’s desk for final passage, but he has not yet indicated whether he will sign the bills. However, the governor previously joined 24 other Republican governors in a letter opposing President Biden’s Title IX rules that bar discrimination against transgender people in schools. More anti-trans bills are expected to be heard and potentially voted on next week.

Among the bills that passed were:

  • House Bill 1205: This bill bars transgender youth from participating in sports that match their gender identity from grades 5-12. If a student’s “biological sex” is unclear or challenged, the law requires that “other evidence” of their assigned sex at birth be provided. This provision has been interpreted to potentially require genital inspections. Senator Ruth Ward, when confronted with these concerns, stated, “There are ways of finding out whether you’re a male or female… I would check with the coach or medical physician for the team,” which did not alleviate concerns. Similar laws have been blocked in courts in West Virginia and Ohio.
  • House Bill 1312This bill is similar to “Don’t Say Gay or Trans” legislation that has been passed in a variety of other Republican-controlled states nationwide. It defines LGBTQ+ topics as “objectionable” and requires two weeks of notice before any curriculum or course material used for instruction around sexual orientation or gender identity is introduced and could allow parents to opt their children out. Democrats argued that the bill was overly broad and could require notice for any book dealing with gender identity and sexuality, including books depicting heterosexual relationships. Similar concerns were used to dismiss a law in Iowa in court after a judge determined that merely mentioning a husband and wife could run afoul of the law.
  • House Bill 619: House Bill 619 bars bottom surgery for transgender youth in the state. Although such surgeries are exceedingly rare and no evidence was presented that they are occurring in New Hampshire, the bill sets a precedent that elected officials should have a say over the healthcare decisions of individual transgender patients and their doctors. Importantly, the law also prohibits referrals out of state, which could limit options and information for transgender youth.

Two more bills are still being considered in the state and may be heard next week. House Bill 1660 would bar Medicaid coverage for any gender reassignment surgeries for those under 18, including chest masculinization or feminization surgeries. Courts have recently ruled that such bars on coverage is unconstitutional, including landmark rulings from the 4th and 11th Circuit Courts of Appeal. Also pending is House Bill 396, which could roll back discrimination protections for transgender people and would allow for discrimination in bathrooms, sports, competitions, correction centers, mental health hospitals, and more.

New Hampshire appears poised to become one of the most risky states for transgender youth and adults in the Northeast. All surrounding states have passed significant protections for transgender people, including “shield” laws that protect the privacy of patients seeking reproductive or gender-affirming healthcare across state lines. Should nondiscrimination protections be rolled back, transgender people may face a confusing landscape over such simple questions as whether they are allowed to use the bathroom as they travel through the state. Similarly, regional sporting events could be heavily impacted.

The votes in New Hampshire previously came down to the wire in the House. For every bill listed, a number of House Democrats voted yes, were marked as present not voting, or missed the vote and were recorded as absent.

Although Democrats do not hold a majority in the House, more than 12 Democrats failed to vote “no” on virtually every bill when they were heard in the House, allowing the bills to pass. Some legislators have contended that this is due to the size of the New Hampshire House, which consists of 400 members, leading to many members missing votes due to illness.

This issue seemed to affect Democrats more severely than Republicans for most votes, and even motions for reconsideration on separate days similarly failed. Notably, the “objectionable materials” bill passed by only a single vote, with 13 Democrats not voting or abstaining.

Reacting to the votes, Linds Jakows, Founder of 603 Equality, said, “Today, the so-called ‘Live Free or Die’ State sent a harmful message to LGBTQ Granite Staters, especially transgender young people, by attacking their healthcare, opportunities for inclusion at school, and access to learning about people like them. Now, Governor Sununu must clearly affirm that these bills have no place in a state that just 6 years ago, became the first entirely Republican-controlled state legislature to update its nondiscrimination law to include trangender people. In 2018 he said repeatedly that ‘it’s the right thing to do.’ Mr. Sununu, treating transgender people with dignity and respect is still the right thing to do.” 

Remaining votes are scheduled for next week. Meanwhile, Governor Sununu has not indicated whether or not he will sign the bills that have passed.

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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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Northern California

Hate group wins federal lawsuit settlement with Yolo County Library

The anti-LGBTQ+ hate and extremist group Moms for Liberty had sued in federal court alleging their free speech rights had been violated

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Mary L Stephens Davis Branch of the Yolo County Library. (Photo Credit: Yolo County, California)

DAVIS, Calif. – Yolo County Library officials this week announced that they had agreed to settle a lawsuit brought by Moms for Liberty, a group listed by the Southern Poverty Law Center as an anti-LGBTQ+ hate and extremist group, after library officials had shut down their local chapter’s anti-transgender forum last August.

The lawsuit had been filed in the United States District Court for the Eastern District of California on behalf of Moms For Liberty by the Alliance Defending Freedom, a legal group listed by the SPLC as a hate group and the Institute for Free Speech.

In addition to $70,000 in damages and attorneys fees, the settlement calls for library policy to mandate that staff “shall not interfere with presentations or other speech by individuals or groups that have reserved meeting rooms based on the content of such speech” and to instruct staff to “curtail any disruptive behavior” during events.

The settlement further stipulates to allow Moms for Liberty – Yolo County, Independent Council on Women’s Sports, California Family Council, and other parental rights and women’s advocates to use the library to hold a discussion on fairness in women’s sports.

Last August 20, during the course of a presentation by Sophia Lorey, a former college soccer player at Vanguard University, Lorey had repeatedly misgendered trans female athletes and then in commencing her remarks, stated “current 10-year-old girls cannot live out the same dream as long as men are allowed to compete in women’s sports.”

Lorey, who has podcast devoted to transphobic misinformation, works as a Outreach Director for the California Family Council. The purpose of her presentation and the forum according to the event’s sponsors was to inform and make parents aware of the California Interscholastic Federation’s participation policies for transgender athletes in high school girls’ sports.

As Lorey continued her presentation she was warned by the Regional Manager for Yolo County’s library system, D. Scott Love, that misgendering trans athletes would not be permitted to continue. In addition supporters of Moms for Liberty and the California Family Council, there were also pro-LGBTQ+ supporters who had loudly interrupted Lorey, making statements such as ‘trans women are women.’

The interruptions coupled with Lorey’s insistence on labeling transwomen “biologically men” caused Love to take further action and he disbanded the event asking the participants and audience to leave.

Anti-trans activist and former NCAA swimmer Riley Gaines shared the video of the altercation via Twitter and applauded Lorey.

This is ridiculous, but not shocking….a female athlete silenced for calling a spade a spade. They won’t even engage in a civil conversation. Props to this gal for sticking her ground,” she wrote.

The outrage by the far-right ballooned after anti-LGBTQ+ social media pundit Chaya Raichik who runs the Libs of Tik Tok X (formerly Twitter account) with over 2.4M followers tweeted:

“UNREAL. California library kicked out a group holding an event after they “misgendered” people by referring to males in female sports as males. The librarian suggests it’s against state law to misgender.”

On August 21, after Libs of TikTok’s posts on X, the Yolo County Sheriff’s Office was notified by a local news station regarding an email from an unknown source that made a threat to the Mary L. Stephens Yolo County Library in Davis. The email made a threat to detonate a bomb and include some form of hate speech.

The Davis Police Department quickly responded to the scene and evacuated approximately 10 county employees. Two adjacent buildings were also evacuated in an abundance of caution.

The Yolo County Regional Bomb Squad and Sacramento County Sheriff’s Department K-9’s responded to the scene. A search of the building resulted in negative findings.

The Sacramento Bee reported: A Sacramento-area library was evacuated Monday morning and a nearby elementary school and high school sheltered in place after law enforcement was notified of a bomb threat containing anti-LGBTQ hate speech, authorities said. It was the third threat against the library in the past week, police and deputies said.

The threats continued for the next week as Yolo County Sheriff’s Office issued a statement on August 29 saying: “The Mary L. Stephens Davis Branch Library has been targeted by bomb threats. These messages share a common thread of hateful content and revolve around a heated meeting there. The Yolo County Sheriff’s Office is investigating these incidents, with the FBI, to identify suspects.”

After the announcement to the settlement of the lawsuit was made public, the Davis Phoenix Coalition, who works with LGBTQ+ youth and its chair, Anoosh Jorjorian, provided ABC10 with the following statement:

“The Davis Phoenix Coalition is dedicated to ending hate crimes, bullying, and identity-based discrimination. We appreciate that our public library has been put in the difficult position of providing a space for free speech while also protecting the safety of their patrons. We hope cases such as these might open the question of when hate speech crosses a line into being threatening or inciting. The humanity and rights of all Americans should never be a subject of a debate.”

Attorneys with Alliance Defending Freedom and the Institute for Free Speech weighed in saying in a statement:

“Women have the right to speak about their concerns regarding men competing in their sports, and public officials have a constitutional duty to uphold that right regardless of whether they agree with the point of view presented,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “Shutting down discussions about biological differences between men and women is, sadly, a growing trend among activists seeking to erase women and harm children. While they should never have shut down the event, Yolo County library officials are right to change course and enact policies that align with the First Amendment. We are hopeful other public officials—whether at libraries, schools, or anywhere else—see this as an opportunity to take a strong stance for the speech and assembly rights of all Americans.”

“This settlement is a clear victory for free speech and the First Amendment,” said Institute for Free Speech Vice President for Litigation Alan Gura. “Yolo County officials tried to silence speakers and shut down an event because the ideas expressed there didn’t comport with the officials’ preferred ideology. As a result of this lawsuit, Yolo County has now agreed to respect the right of all Americans to freely express their views in public spaces without fear of government censorship.”

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Congress

House ethics complaint filed over GOP staffer’s anti-trans email

“You’re disgusting and should be ashamed of yourself. Don’t email me or anyone from my office ever again!” 

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Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), in 2012. (Screenshot/YouTube San Diego City Beat)

WASHINGTON — A federal government employee has filed a complaint to the U.S. House Ethics Committee over an email they received from Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), which contained combative and anti-trans language. 

The Washington Blade has seen the correspondence between the parties, in which the confrontation was apparently kicked off when the congresswoman’s top aide received an email that included the sender’s preferred pronouns in the signature box, triggering his reply.

Donnellan wrote, “As a father, it is disgusting that anyone would ever tell my son or daughter that something is wrong with them and they should take sterilizing hormones or have surgery to cut off their genitals.”  

“The fact that you support that ideology by putting pronouns in your signature is awful,” he said, adding, “You’re disgusting and should be ashamed of yourself. Don’t email me or anyone from my office ever again.” 

A senior government official told the Blade in a written statement that the email was not out of character for Donnellan:

 “I’ve heard from two colleagues several months apart about two separate transphobic emails, using identical language, from Matthew. Unfortunately these emails—though inconsistent with the typical collegiality one would expect from a Chief of Staff on the Hill—is likely a reflection of both increased partisanship on the Hill and a rise in anti-LGBTQ rhetoric from the right.

“Not only is this virtual, hate-filled temper tantrum unbecoming of a Chief of Staff, inappropriate, and unprofessional, it also hurts his boss’s constituents. DC is built on congressional staff, members of Congress, and executive officials being able to put aside their differences to find unlikely areas of commonality where they can work together. 

“Even some of the most progressive members, like [U.S. Reps. Alexandria Ocasio-Cortez (N.Y.) and Jerry Nadler (N.Y.)] have partnered with some of the most conservative members, like [U.S. Reps. Matt Gaetz (Fla.) and Jim Jordan (Ohio)], respectively, when they can find common ground. 

“Matthew’s refusal to work with an agency department or office just because a staffer has pronouns in their signature isn’t just hateful—it means he’s cutting off opportunities to deliver results for his boss’s constituents, especially in a divided Washington.”

Donnellan told the Blade by email that his response to the government employee is “a reply I send to anyone who uses pronouns or pushes gender ideology in any way.” 

“No one is ‘born in the wrong body’ and it’s horrific to tell anyone that they need genital mutilation surgery or sterilizing drugs,” he said. “People who push gender ideology, actively or passively, are awful and should be confronted every single time.”

“If the blunt reality of the terrible things that they are pushing is offensive to them then they should strongly reconsider what it this they believe and the harm that they are doing rather than simply trying to conform to liberal luxury beliefs,” Donnellan said. 

Addressing the complaint filed against him, Donnellan said, “I haven’t heard anything from Ethics and doubt that I will, they generally don’t waste their time with sheltered progressives being forced into the real world for the first time.”

A House Ethics Committee spokesperson declined to comment when asked if they could confirm receipt of the complaint.

Asked whether Miller might object to the way that she and her Congressional office are represented with these confrontational email exchanges, Donnellan said his boss’s “motto is ‘cut the bull’, and gender ideology is some of the biggest bull there is.”   

On Friday, the congresswoman’s son Chris Miller placed third in the Republican primary contest for West Virginia’s gubernatorial race, where the state’s Attorney General Patrick Morrissey secured his party’s nomination in a decisive victory with 33 percent of the vote. 

Leading up to the election, trans issues had emerged as a dominant focal point as the GOP candidates squared off against each other, with Miller’s campaign attacking Morrissey with allegations that he had profited from “the trans agenda” and backed a drug company that “helps turn boys into girls” when working as a healthcare lobbyist in Washington.  

In one ad that was paid for by a super PAC chaired by his father, Miller said the pronouns used by Morrissey are “money-grubbing liberal,” an interesting charge to level at the conservative Republican attorney general of West Virginia (even notwithstanding the fact that those three words are not pronouns but, rather, nouns and verbs.)

Declaring preferred pronouns in workplace email signatures has become commonplace in both the public and private sector, whether for purposes of sending an affirming message to transgender and gender expansive employees and officers or to mitigate the chances that either they or their cisgender counterparts might be unintentionally misgendered. 

The Biden-Harris administration has pushed for agencies to adopt the practice along with other measures and policies to advance the rights and wellbeing of trans and gender expansive employees across the federal government. 

In a 2021 announcement of the U.S. Department of Agriculture’s issuance of updated guidance on the agency’s email signature block, Michael Watts, director of civil rights for the U.S. Forrest Service, noted that “There are plenty of gender-neutral names out there, or names from other cultures that might not give you enough information to know their gender.” 

While the inclusion of pronouns was not made mandatory at USDA, he urged employees to “strongly consider taking this small but important step toward supporting inclusiveness in the workplace.” 

“The use of pronouns in our email signatures and getting into the habit of including pronouns in our introductions doesn’t really cost us anything,” Watts added, arguing that the move constitutes “a meaningful exchange to others and makes it easier for people to be respectful in how they address each other.”

“I just think it’s the right thing to do,” he said. 

Official guidance published by the U.S. Office of Personnel Management, which is responsible for administering policies across the U.S. federal civil service, stipulates that agencies should “take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.”

Some have gone further, such as by adding pronouns to email signatures for all employees, as the U.S. Department of State did in 2023, while others like USDA have established, as official policy, that “employees are encouraged to include their pronouns in the first line of their email signature block (e.g. he/him/his). Signature blocks are a simple and effective way for individuals to communicate their identified pronouns to colleagues, stakeholders, and customers.”

“For example,” the USDA writes, “adding pronouns to signature blocks also has the benefit of indicating to the recipient that you will respect their gender identity and choice of pronouns.”

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