Connect with us

National

6th Circuit: ‘Religious freedom’ doesn’t allow anti-trans discrimination

Identity has no bearing on job performance

Published

on

Startwaune Anderson, conversion therapy, gay news, Washington Blade

The U.S. Sixth Circuit Court of Appeals has ruled religious freedom doesn’t allow anti-trans workplace discrimination.

A three-judge panel on a federal appeals court in Cincinnati ruled Wednesday the federal Religious Freedom Restoration Act doesn’t allow employers to engage in anti-transgender employment discrimination.

Writing the 49-page unanimous opinion, U.S. Circuit Judge Karen Nelson Moore, a Clinton appointee, determined R.G. & G.R. Harris Funeral Homes in Michigan “engaged in unlawful discrimination” against transgender employee Aimee Stephens under Title VII of the Civil Rights of 1964.

“The unrefuted facts show that the Funeral Home fired Stephens because she refused to abide by her employerā€™s stereotypical conception of her sex, and therefore the EEOC is entitled to summary judgment as to its unlawful-termination claim,” Moore writes. “RFRA provides the Funeral Home with no relief because continuing to employ Stephens would not, as a matter of law, substantially burden Rostā€™s religious exercise, and even if it did, the EEOC has shown that enforcing Title VII here is the least restrictive means of furthering its compelling interest in combating and eradicating sex discrimination.”

The decision remands the case back to trial court, which concluded the funeral home did have leeway to terminate Stephens under RFRA, a 1993 law intended to protect religious minorities that requires the federal government to take the least restrictive path when infringing upon religious liberty.

In essence, the Sixth Circuit establishes two milestones with the decision. First, it explicitly concludes discrimination against transgender workers is sex discrimination, and unlawful under Title VII. Second, it makes clear religious freedom as outlined under RFRA doesn’t supersede Title VII’s prohibition on employment discrimination.

The case, EEOC v. Harris Funeral Homes, began in 2013 when Harris Funeral Homes fired Stephens, who has worked there for six years, after she announced that she would transition. The basis for the termination was that by dressing as a women, Stephens would violate the dress code for the business and that would place a substantial burden on the religious beliefs of the funeral home’s owner, Thomas Rost.

In her reasoning for the decision, Moore first establishes anti-transgender discrimination is sex discrimination. Although the Sixth Circuit in the 2004 ruling of Smith v. City of Salem determined sex-stereotyping amounts to sex discrimination, the court had never before ruled anti-trans discrimination is unlawful.

“An employer cannot discriminate on the basis of transgender status without imposing its stereotypical notions of how sexual organs and gender identity ought to align,” Moore writes. “There is no way to disaggregate discrimination on the basis of transgender status from discrimination on the basis of gender non-conformity, and we see no reason to try.”

On the issue of whether the Harris Funeral Homes has leeway to terminate Stephens under the Religious Freedom Restoration Act, Moore also rules against the claims of the business.

Moore rejects the assertion Stephens’ presentation as a woman would be a distraction for the deceased’s loves ones at a funeral home, deriding the idea as “premised on presumed biases,” as well as the notion it would place a burden on Rost’s religious beliefs because he pays for attire for employees.

“Simply permitting Stephens to wear attire that reflects a conception of gender
that is at odds with Rostā€™s religious beliefs is not a substantial burden under RFRA,” Moore writes, adding, “We hold that, as a matter of law, tolerating Stephensā€™s understanding of her sex and gender identity is not tantamount to supporting it.”

Joining in Moore in the decision is U.S. Circuit Judge Helene White, an appointee of George W. Bush; and U.S. Circuit Judge Bernice Donald, an Obama appointee.

Although the Trump administration isn’t a party to the case, the ruling is a blow to U.S. Attorney General Jeff Sessions, who issued a memo asserting transgender people aren’t covered under Title VII despite legal precedent and another memo in favor of religious freedom that critics say green lights anti-LGBT discrimination.

Stephens was represented in her lawsuit by the U.S. Equal Employment Opportunity Commission, which in its 2012 ruling in Macy v. Holder concluded that anti-trans discrimination amounts to sex discrimination under Title VII.

John Knight, senior staff attorney with the LGBT & HIV Project for the American Civil Liberties Union, argued the case before the Sixth Circuit and called it “an exciting and important victory for transgender people and allied communities across the country.”

“In too many workplaces around the country, coming out as trans is a fireable offense, as our client Aimee Stephens personally experienced,” Knight said. “But this ruling affirms that that is illegal, setting an important precedent confirming that transgender people are protected by Title VII of the Civil Rights Act. It also ensures that employers will not be able to use their religious beliefs against trans employees, ruling that there is no ā€˜right to discriminateā€™ in the workplace.”

Rachel Laser, executive director of Americans United for Separation of Church & State, said in a statement the decision “rights a grievous wrong and protects our core values of religious freedom, fairness and equality.”

ā€œAimee Stephens had worked diligently for this funeral home for six years. Itā€™s unconscionable that an employer would fire her simply because she began to live and dress in a manner consistent with her gender identity,ā€ Laser said. ā€œAimeeā€™s identity had no bearing on how well she performed her job. Her employer is entitled to his personal religious beliefs but has no right to fire her for living in accordance with her identity.ā€

Representing Harris Funeral Home in the case was Alliance Defending Freedom, a anti-LGBT legal firm that has engaged in efforts nationwide to promote the idea religious liberty should take precedent over LGBT rights.

Gary McCaleb, senior counsel at Alliance Defending Freedom, said the Sixth Circuit was erroneous in its conclusions.

“Todayā€™s decision misreads court precedents that have long protected businesses which properly differentiate between men and women in their dress and grooming policies,” McCaleb said. “Court opinions should interpret legal terms according to their plain meaning when Congress passed the law. This opinion instead re-writes federal law and is directly contrary to decisions from other federal appellate courts.”

Alliance Defending Freedom has the options of seeking “en banc” review before the full Sixth Circuit or filing a petition for certiorari before the U.S. Supreme Court. McCabe said his organization is “consulting with our client to consider their options for appeal.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Congress

Senate braces for anti-LGBTQ+ attacks with incoming Republican majority

Republicans to regain control of chamber in January

Published

on

Senate Judiciary Committee Chair Dick Durbin (D-Ill.) (Washington Blade photo by Michael Key)

Particularly since Republicans took the U.S. House of Representatives in 2023, legislative attacks against the LGBTQ+ community, at least at the federal level, have been blunted by U.S. Senate Democrats exercising their narrow majority in the upper chamber, along with President Joe Biden’s promise to veto any discriminatory bill that should reach his desk.

Next month, however, Republicans will take control of both chambers of Congress as President-elect Donald Trump returns to the White House, marking the first time since 2018 that the GOP has governed with a trifecta in Washington. 

“We expect the Trump administration and House and Senate Republicans to continue their anti-LGBTQ+ attacks on all aspects of life, especially against trans kids,” Josh Sorbe, a spokesperson for Senate Majority Whip and Senate Judiciary Committee Chair Dick Durbin (D-Ill.), told the Washington Blade.

Durbin is among the Democratic senators who spoke out this week against a policy rider added to the National Defense Authorization Act by Republican House Speaker Mike Johnson (La.), which would prohibit the military’s health provider Tricare from covering transgender medical treatments for the children of U.S. service members.

“In his first term, Donald Trump enabled LGBTQ+ workplace discrimination, banned trans service members, and vilified trans kids,” Sorbe said, while “The Biden-Harris administration and Democrats codified same-sex marriage, declared mpox a national emergency, and built up the LGBTQ+ movement.”

He added, “Democrats will continue to hold the line against misguided, anti-freedom legislation that we anticipate will be introduced.”

The Senate Judiciary Committee, one of the most powerful in Congress, exercises broad legislative jurisdiction and is responsible for oversight of the Executive Branch as well as the initial stages of confirming the presidentā€™s nominees for vacancies on the federal bench, including those picked to serve on the U.S. Supreme Court.

In the 117th Congress, control of the Senate was a 50-50 split, with Democratic Vice President Kamala Harris casting tie-breaking votes. Democrats won another Senate seat in the 2022 midterms and for the past two years Majority Leader Chuck Schumer (D-N.Y.) has led a 51-49 majority.

Despite the party’s narrow margin of control and starting with less than half the number of vacancies than were available for Trump to fill when he took office in 2017, Sorbe noted Senate Democrats are expected to confirm Biden’s 234thĀ and 235th judicial nominees ā€” surpassing, by one, the number of confirmations under the previous administration and also, by one, the record setting number of LGBTQ+ jurists appointed by President Obama over two terms.Ā 

These ā€œhighly qualified, diverse candidatesā€ will ā€œhelp ensure the fair and impartial administration of the American justice system,ā€ Sorbe said. Many will decide legal questions with broad implications for LGBTQ+ communities, including challenges brought against anti-LGBTQ+ legislation at the local, state, and federal level, or anti-LGBTQ+ policies enacted by the Trump-Vance administration.Ā 

Sorbe highlighted some of the other work Durbin has done to ā€œprotect civil rights for all Americansā€ over the past four years in the majority, pointing to the Judiciary Committeeā€™s 2021 hearing on the Equality Act, legislation that would codify LGBTQ+-inclusive nondiscrimination protections; a 2023 hearing that celebrated ā€œthe historic progress made in protecting the right of LGBTQ+ Americansā€; the first hearing since 1984 about the Equal Rights Amendment that would ā€œenshrine gender equality into the Constitutionā€; floor speeches in which the majority whip denounced ā€œthe harmful anti-LGBTQ+ legislation being introduced across the countryā€; and the senatorā€™s co-sponsorship of the Respect for Marriage Act, which solidified the legal rights of interracial and same-sex married couples.Ā 

Continue Reading

White House

Biden establishes national monument for first female Cabinet secretary

Frances Perkins may have been the first lesbian Cabinet pick

Published

on

President Joe Biden (Washington Blade photo by Michael Key)

President Joe Biden on Monday signed a proclamation to establish a national monument in Newcastle, Maine, that will honor Frances Perkins, who became the first woman named to a Cabinet-level position when she was chosen by FDR to serve as secretary for the U.S. Department of Labor.

The move highlights the Biden-Harris administration’s record of advancing women’s rights and strengthening the labor movement while also commemorating Perkins’s achievements, including the establishment of pensions, unemployment, and workers’ compensation, the minimum wage and overtime pay, the 40-hour workweek, and child labor laws.

Perkins is also credited with helping to lay the blueprint for legislation like the Social Security Act, the Fair Labor Standards Act, and the National Labor Relations Act.

Research suggests she may have been a lesbian, perhaps even the first LGBTQ+ Cabinet secretary.

According to the National Park Service, “Perkins’ relationship with one roommate, Mary Harriman Rumsey,” who was a close friend of Eleanor Roosevelt, “was very intimate,” though an entry for the late labor secretary on the NYC LGBT Historic Sites Project quotes her biographer Kirsten Downey’s assertion that ā€œit is probably impossible to know whether Francesā€™s relationship with Mary was also sexual or romantic.ā€

Continue Reading

White House

Trump appoints Richard Grenell to his administration

Former US ambassador to Germany will be special missions envoy

Published

on

Former U.S. Ambassador to Germany Richard Grenell speaks at the 2024 Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

President-elect Donald Trump on Saturday named former U.S. Ambassador to Germany Richard Grenell to his administration.

Grenell will serve as special missions envoy.

ā€œRic will work in some of the hottest spots around the world, including Venezuela and North Korea,ā€ Trump said on Truth Social, according to the Associated Press.

Grenell, 58, was U.S. ambassador to Germany from 2018-2020.

The Trump-Pence administration later named him acting director of national intelligence, which at the time made him the highest-ranking openly gay presidential appointee in American history. Grenell was also the previous White Houseā€™s special presidential envoy for Serbia and Kosovo peace negotiations.

The Trump-Pence administration in 2019 tapped Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Grenell and then-U.S. Ambassador to the U.N. Kelly Knight Craft later that year organized an event on the sidelines of a U.N. Security Council meeting that focused on decriminalization efforts.

Many activists around the world with whom the Washington Blade has previously spoken questioned whether this effort had any tangible results. Grenell also faced sharp criticism when he told Breitbart News shortly after he arrived in Berlin that he wanted to ā€œempowerā€ the European right.

Grenell was among those who the president-elect reportedly considered to nominate to become the next secretary of state. Trump instead tapped U.S. Sen. Marco Rubio (R-Fla.).

ā€œWorking on behalf of the American people for (Trump) is an honor of a lifetime,ā€ said Grenell on X on Saturday. ā€œPresident Trump is a problem solver who keeps Americans safe and prosperous.ā€

Log Cabin Republicans President Charles Moran and Amir Ohana, the openly gay speaker of the Israeli Knesset, are among those who congratulated Grenell.

Continue Reading

National

Colleagues, politicos mourn death of Los Angeles Blade publisher

ā€˜A trailblazing journalist, publisher, and tireless advocateā€™

Published

on

Los Angeles Blade Publisher Troy Masters (Blade file photo by Vanessa Pham)

Troy Masters, publisher of the Los Angeles Blade, died on Wednesday Dec. 11, according to a family member. He was 63. The LA County Coroner said the cause of death was suicide.

Masters was a well-respected and award-winning journalist and publisher with decades of experience, mostly in LGBTQ media. In 2017, he became the founding publisher of the Los Angeles Blade, a sister publication of the Washington Blade.

Praise for Mastersā€™s work and dedication to LGBTQ equality and journalism poured in throughout the day.

Equality California released the following statement from Executive Director Tony Hoang: ā€œWe at Equality California are heartbroken by the unexpected passing of Troy Masters, a trailblazing journalist, publisher, and tireless advocate for the LGBTQ+ community. Troyā€™s remarkable career spanned decades, during which he used his voice and platform to amplify the stories of our community and champion the fight for equality.

ā€œHis passion for storytelling and relentless pursuit of social justice left an indelible mark on the fight for LGBTQ+ rights. Over many years, Equality California and the Los Angeles Blade have worked hand in hand to ensure LGBTQ+ stories are accurately represented and shared within the Los Angeles community and throughout California. 

ā€œOur thoughts are with his family, friends, and the Los Angeles Blade and Washington Blade teams during this difficult time. We stand in solidarity with them as we honor Troyā€™s life, legacy, and unwavering dedication to our community. His passing is a profound loss, and he will be deeply missed.

ā€œRest in power, Troy. Your work will forever live on in the hearts and lives of those you fought so fiercely for.ā€

California state Assemblymember Rick Chavez Zbur, (D-Los Angeles) said in a statement: ā€œI am terribly saddened to hear of the passing of Troy Masters, a pillar in the LGBTQ+ community. In his many roles, he has covered life in our community and the challenges of our fight for civil rights and social justice.ā€

L.A. County Supervisor Lindsey Horvath, in a statement on X, said she would miss Mastersā€™s humor, wit and huge heart and praised his journalistic pursuits and dedication to uplifting the LGBTQ+ community.

Journalist and Blade contributor Jasmyne Cannick also praised Masters, describing him as a mentor.

ā€œThrough the years, he was supportive of my work, giving me space and a voice as a columnist and reporter for the Blade newspapers when it mattered most,ā€ she said in on X. ā€œTroy understood the importance of covering the Black LGBTQ+ community and made it a point to ask me what stories they needed to be telling.ā€

Michael Yamashita, publisher of the Bay Area Reporter, in a statement said, ā€œI have known Troy as a fellow publisher and friend for over 20 years. He was smart and accomplished. More than a few times, he started gay publications ā€” in New York City and Los Angeles. I will miss working with him.ā€

Dana Piccoli, managing director of News Is Out, a queer media collaborative, wrote: ā€œTroy was a fierce advocate for the LGBTQ+ community and pioneer in queer media. We were lucky to work with him as a member of News Is Out and will forever be grateful for the barriers he broke down for the queer community. Our hearts are with our colleagues at the Los Angeles Blade and the Washington Blade.ā€

ā€œIt has been a tough day for all of us at the Blade,ā€ said Washington Blade editor Kevin Naff. ā€œTroyā€™s love of queer media and the city of Los Angeles is well known and he will be missed by so many. In his spirit, we will carry on with our mission and we are planning a celebration of his life in the coming months.ā€

Continue Reading

Montana

Montana Supreme Court blocks ban on healthcare for trans youth

ā€˜Todayā€™s ruling permits our clients to breathe a sigh of reliefā€™

Published

on

(Image by Mehaniq via Bigstock)

The Montana Supreme Court on Wednesday ruled that SB 99, a 2023 Montana law that bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana Constitutionā€™s privacy clause, which prohibits government intrusion into private medical decisions. This ruling will allow Montana communities and families to continue accessing medical treatments for transgender minors with gender dysphoria, the ACLU announced in a statement.

 ā€œI will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,ā€ Phoebe Cross, a 17-year-old transgender boy told the ACLU. ā€œJust living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.ā€

ā€œFortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,ā€ said Lambda Legal Counsel Kell Olson. ā€œBecause Montanaā€™s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.ā€

ā€œWe are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,ā€ said Malita Picasso, Staff Attorney for the ACLUā€™s LGBTQ & HIV Project. ā€œEvery day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.ā€

ā€œTodayā€™s ruling permits our clients to breathe a sigh of relief,ā€ said Akilah Deernose, Executive Director of the ACLU of Montana. ā€œBut the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.ā€

The Court found that the Plaintiffs were likely to succeed on the merits of their privacy claim, holding: ā€œThe Legislature did not make gender-affirming care unlawful. Nor did it make the treatments unlawful for all minors. Instead, it restricted a broad swath of medical treatments only when sought for a particular purpose. The record indicates that Provider Plaintiffs, or other medical professionals providing gender-affirming care, are recognized as competent in the medical community to provide that care.[T]he law puts governmental regulation in the mix of an individualā€™s fundamental right ā€˜to make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.ā€™

Two justices filed a concurrence arguing that the Court should also clarify that discrimination on the basis of transgender status is a form of sex discrimination prohibited by Montanaā€™s Equal Protection Clause, the ACLU reported.

Continue Reading

Congress

Protests against anti-trans bathroom policy lead to more than a dozen arrests

Demonstrations were staged outside House Speaker Mike Johnsonā€™s (R-La.) office

Published

on

Protest outside House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building (Washington Blade photo by Christopher Kane)

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the womenā€™s bathroom and the hallway outside Johnsonā€™s office in the Cannon House Office Building.

Demonstrators held banners reading ā€œFLUSH BATHROOM BIGOTRYā€ and ā€œCONGRESS: STOP PISSING ON OUR RIGHTS!ā€ They chanted, ā€œSPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!ā€ and ā€œWHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!ā€

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policyā€™s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

ā€œYeah, I went to the Capitol Police station where they were being processed, so Iā€™ll be posting what I said shortly,ā€ the congresswoman said.

U.S. Rep. Nancy Mace (R-S.C.) (Washington Blade photo by Christopher Kane)

Using an anti-trans slur, Mace posted a video to her X account in which she says, ā€œalright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested ā€” poor things.ā€

ā€œSo I have a message for the protestors who got arrested,ā€ the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. ā€œIf you cannot afford an attorney ā€” I doubt many of you can ā€” one will be provided to you at the governmentā€™s expense,ā€ she said.

ā€œEveryone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,ā€ Gender Liberation Movement co-founder Raquel Willis said in a press release.

ā€œIn the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,ā€ she said. ā€œNow, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.ā€

Willis continued, ā€œBut we canā€™t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.ā€

(Courtesy of the washington blade)

Continue Reading

State Department

State Department honors Ghanaian LGBTQ+ activist

Ebenezer Peegan among Secretary of Stateā€™s Human Rights Defender Award recipients

Published

on

Secretary of State Antony Blinken attends the Human Rights Defender Award Ceremony at the State Department on Dec. 10, 2024. (State Department photo by Chuck Kennedy)

The State Department on Tuesday honored a Ghanaian LGBTQ+ activist and seven other human rights advocates from around the world.

Secretary of State Antony Blinken presented Rightify Ghana Executive Director Ebenezer Peegah with the Secretary of Stateā€™s Human Rights Defender Award during a ceremony at the State Department.

ā€œHeā€™s been a prominent figure advocating for equality and justice,ā€ Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor Enrique Roig told the Washington Blade on Tuesday during an interview.

The other human rights activists who received the award include:

ā€¢ Mary Ann Abunda, a migrant workers advocate in Kuwait

ā€¢ Permanent Human Rights Assembly of Bolivia President Amparo Carvajal

ā€¢ Aida Dzhumanazarova, country director for the International Center for Not-for-Profit Law in Kyrgyzstan

ā€¢ Mang Hre Lian, founder of the Chin Media Network in Myanmar

ā€¢ Juana Ruiz of AsociaciĆ³n Asvidas, an organization that advocates for survivors of gender-based violence in Colombia

ā€¢ Rufat Sararov, a former prosecutor who runs Defense Line in Azerbaijan

The State Department posthumously honored Thulani Maseko, a prominent human rights activist from Eswatini who was killed in 2023. His wife, Tanele Maseko, accepted the award on his behalf.

The ceremony took place on International Human Rights Day, which commemorates the U.N. General Assemblyā€™s ratification of the Universal Declaration of Human Rights on Dec. 10, 1948. Sararov did not attend because Azeri authorities arrested him before he could obtain a visa that would have allowed him to travel to the U.S.

Ghanaian Supreme Court to rule on anti-LGBTQ+ law on Dec. 18

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would, among other things, criminalize allyship. President Nana Akufo-Addo has said he will not sign the bill until the Supreme Court rules on whether it is constitutional or not. 

The Supreme Court is expected to rule on the law on Dec. 18. John Dramani Mahama, the countryā€™s president-elect, will take office on Jan. 7.

Ruig applauded Peegahā€™s efforts to highlight the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill.

ā€œFor us in the U.S. government, the work that heā€™s done on this issue has also been instrumental in our own discussions with the current government as well as the incoming administration around the concerns that weā€™ve expressed with regards to this legislation,ā€ Roig told the Washington Blade ā€œHeā€™s been an important partner in all this as well.ā€

Peegah on Aug. 14 met with Pope Francis at the Vatican.

Continue Reading

U.S. Supreme Court

Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law

Oral arguments in U.S. v. Skrmetti case took place Wednesday

Published

on

(Washington Blade photo by Michael Key)

At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.

Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennesseeā€™s ban on gender-affirming care each stationed with podiums on opposite sides.

Trans rights protesters, who significantly outnumbered the other group, held signs reading ā€œKeep hate out of healthcare,ā€ and ā€œRespect family medical decisions.ā€ On the other side, protesters carried signs with messages like ā€œSex change is fantasy,ā€ and ā€œStop transing gay kids.ā€

Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth. 

ā€œI grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.ā€

The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth. 

A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights. 

In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions. 

ā€œAmericans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,ā€ he said. 

Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago childrenā€™s hospital, emphasized the importance of trans youth having access to gender affirming care. 

ā€œWe [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,ā€ Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. ā€œTransgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care ā€” their lives depend on it.ā€

Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care. 

Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.  

An unlikely coalition came out to support Tennesseeā€™s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh ā€” both of whom have a history of making homophobic statements ā€” were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers.Ā 

The groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was ā€œco-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,ā€ said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be ā€œmedicalized.ā€ 

ā€œI care about the adult gay detransitioners who have been harmed ā€¦ by these homophobic practice,ā€ he said ā€œThey should have just been told they’re gay.ā€ 

Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesnā€™t oppose gender affirming care for adults but is opposed to ā€œmedical experimentation on children.ā€

ā€œI think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,ā€ she said. ā€œI was not able to make that decision. I was a child.ā€ 

(Washington Blade photo by Michael Key)

But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.

ā€œThere’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults ā€” they haven’t yet ā€” but I think that’s something we might also see if the Supreme Court rules that way,ā€ Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.

In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty. 

A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.

ā€œWe really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,ā€ Rice said. 

Twenty-six states currently have laws or policies restricting minorsā€™ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide. 

Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful. 

ā€œI hope that the court will ā€¦ step outside agendas and look at the needs of people and who has the right to say what’s good for their children,ā€ she said.

Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing. 

ā€œWhatever happens, we are the defiance,ā€ Strangio said. ā€œWe are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June ā€” whatever the court decides.ā€

Continue Reading

National

LGBTQ+ asylum seekers, migrants brace for second Trump administration

Incoming president has promised ā€˜mass deportationsā€™

Published

on

A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. LGBTQ+ asylum seekers and migrants, and the groups that advocate on their behalf, are bracing for the second Trump administration. (Washington Blade photo by Michael K. Lavers)

Advocacy groups in the wake of President-elect Donald Trumpā€™s election fear his administrationā€™s proposed immigration policies will place LGBTQ+ migrants and asylum seekers at increased risk.

ā€œWhat we are expecting again is that the new administration will continue weaponizing the immigration system to keep igniting resentment,ā€ Abdiel EchevarrĆ­a-CabĆ”n, an immigration lawyer who is based in Texasā€™s Rio Grande Valley, told the Washington Blade.

Trump during the campaign pledged a ā€œmass deportationā€ of undocumented immigrants.

The president-elect in 2019 implemented the Migrant Protection Protocols program ā€” known as the ā€œRemain in Mexicoā€ policy ā€” that forced asylum seekers to pursue their cases in Mexico.

Advocates sharply criticized MPP, in part, because it made LGBTQ+ asylum seekers who were forced to live in Tijuana, Ciudad JuƔrez, Matamoros, and other Mexican border cities even more vulnerable to violence and persecution based on their gender identity and sexual orientation.

The State Department currently advises American citizens not to travel to Tamaulipas state in which Matamoros is located because of ā€œcrime and kidnapping.ā€ The State Department also urges American citizens to ā€œreconsider travelā€ to Baja California and Chihuahua states in which Tijuana and Ciudad JuĆ”rez are located respectively because of ā€œcrime and kidnapping.ā€

The Biden-Harris administration ended MPP in 2021.

The Centers for Disease Control and Prevention in March 2020 implemented Title 42, which closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic. The policy ended in May 2023.

Robert Contreras, president of Bienestar Human Services, a Los Angeles-based organization that works with Latino and LGBTQ+ communities, in a statement to the Blade noted Project 2025, which ā€œoutlines the incoming administrationā€™s agenda, proposes extensive rollbacks of rights and protections for LGBTQ+ individuals.ā€

ā€œThis includes dismantling anti-discrimination protections, restricting access to gender-affirming healthcare, and increasing immigration enforcement,ā€ said Contreras.

Trans woman in Tijuana nervously awaits response to asylum application

A Biden-Harris administration policy that took place in May 2023 says ā€œnoncitizens who cross the Southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP (U.S. Customs and Border Protection) One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.ā€ The exceptions under the regulation include:

  • They were provided authorization to travel to the United States pursuant to a DHS-approved parole process; 
  • They used the CBP One app to schedule a time and place to present at a port of entry, or they presented at a port of entry without using the CBP One app and established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle; or 
  • They applied for and were denied asylum in a third country en route to the United States.  

Biden in June issued an executive order that prohibits migrants from asking for asylum in the U.S. if they ā€œunlawfullyā€ cross the Southern border.

The Organization for Refuge, Asylum and Migration works with LGBTQ+ migrants and asylum seekers in Tijuana, Mexicali and other Mexican border cities.

ORAM Executive Director Steve Roth is among those who criticized Bidenā€™s executive order. Roth told the Blade the incoming administrationā€™s proposed policies would ā€œleave vulnerable transgender people, gay men, lesbians, and others fleeing life-threatening violence and persecution with little to no opportunity to seek asylum in the U.S. stripped of safe pathways.ā€

ā€œMany will find themselves stranded in dangerous regions like the Mexico-U.S. border and transit countries around the world where their safety and well-being will be further jeopardized by violence, exploitation, and a lack of support,ā€ he said. 

Jennicet GutiĆ©rrez, co-executive director of Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, noted to the Blade a trans woman who has asked for asylum in the U.S. ā€œhas been patiently waiting in Tijuanaā€ for more than six months ā€œfor her CBP One application response.ā€

ā€œNow she feels uncertain if she will ever get the chance to cross to the United States,ā€ said GutiĆ©rrez.

She added Trumpā€™s election ā€œis going to be devastating for LGBTQ+ asylum seekers.ā€

ā€œTransgender migrants are concerned about the future of their cases,ā€ said GutiĆ©rrez. ā€œThe upcoming administration is not going to prioritize or protect our communities. Instead, they will prioritize mass deportations and incarceration.ā€

Jennicet GutiƩrrez (Photo courtesy of Familia: TQLM)

TransLatin@ Coalition President Bamby Salcedo echoed GutiƩrrez.

ā€œTrans people who are immigrants are getting the double whammy with the new administration,ā€ Salcedo told the Blade. ā€œAs it is, trans people have been political targets throughout this election. Now, with the specific target against immigrants, trans immigrants will be greatly impacted.ā€

‘Weā€™re ready to keep fighting’

Trans Queer Pueblo is a Phoenix-based organization that provides health care and other services to undocumented LGBTQ+ immigrants and migrants of color. The group, among other things, also advocates on behalf of those who are in U.S. Immigration and Customs Enforcement detention centers.

ā€œWe refuse to wait for politicians to change systems that were designed to hurt us,ā€ Trans Queer Pueblo told the Blade in a statement. ā€œThe elections saw both political parties using our trans and migrant identities as political pawns.ā€

Trans Queer Pueblo acknowledged concerns over the incoming administrationā€™s immigration policies. It added, however, Arizonaā€™s Proposition 314 is ā€œour biggest battle.ā€

Arizona voters last month approved Proposition 314, which is also known as the Secure the Border Act.

Trans Queer Pueblo notes it ā€œmakes it a crime for undocumented people to exist anywhere, with arrests possible anywhere, including schools and hospitals.ā€ The group pointed out Proposition 314 also applies to asylum seekers.

ā€œWe are building a future where LGBTQ+ migrants of color can live free, healthy, and secure, deciding our own destiny without fear,ā€ Trans Queer Pueblo told the Blade. ā€œThis new administration will not change our mission ā€” weā€™re ready to keep fighting.ā€

Contreras stressed Bienestar ā€œremains committed to advocate for the rights and safety of all migrants and asylum seekers.ā€ GutiĆ©rrez added it is ā€œcrucial for LGBTQ+ migrants to know that they are not alone.ā€

ā€œWe will continue to organize and mobilize,ā€ she said. ā€œWe must resist unjust treatments and laws.ā€

Continue Reading

National

Biden, other administration officials mark Transgender Day of Remembrance

ā€˜Epidemic of violence towards transgender peopleā€™

Published

on

(Bigstock photo)

Democratic officials marked Transgender Day of Remembrance, which took place on Wednesday, honoring the lives lost to anti-trans violence and calling out rising anti-trans rhetoric and discrimination.

President Joe Biden in a statement said ā€œwe mourn the transgender Americans whose lives were taken this year in horrific acts of violence.ā€

ā€œThere should be no place for hate in America ā€” and yet too many transgender Americans, including young people, are cruelly targeted and face harassment simply for being themselves. Itā€™s wrong,ā€ he said. ā€œEvery American deserves to be treated with dignity and respect, and to live free from discrimination. Today, we recommit ourselves to building a country where everyone is afforded that promise.ā€

U.S. Reps. Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Mark Pocan (D-Wisc.), as well as U.S. Sen. Mazie Hirono (D-Hawaii), all members of the Congressional Equality Caucus, introduced a bicameral resolution commemorating the Transgender Day of Remembrance and ā€œrecognizing the epidemic of violence toward transgender people and memorializing the lives lost this year.ā€ 

ā€œAs anti-transgender rhetoric and legislation has increased in the United States over recent years, unfortunately so has anti-transgender violence,ā€ Jayapal said in a statement announcing the resolution. ā€œOn Transgender Day of Remembrance, this resolution stands as a symbol of the strength and resilience of the trans community and honors the lives of the trans people we have lost to horrific violence.ā€

Jacobs also addressed President-elect Donald Trumpā€™s anti-trans rhetoric. 

ā€œDonald Trumpā€™s anti-LGBTQ+ and anti-trans agenda will likely fuel this anxiety and violence against queer communities,ā€ Jacobs said. ā€œThat makes this yearā€™s Transgender Day of Remembrance even more important. Our bicameral resolution is a powerful reminder that anti-trans rhetoric can cost lives.ā€

A report by the Human Rights Campaign documenting anti-trans violence found at least 36 trans and gender-expansive people in the U.S. lost their lives to violence since last year.

Transgender Day of Remembrance was founded in 1999 by trans activist Gwendolyn Ann Smith to commemorate the one year anniversary of the murder of Rita Hester, a trans woman who was killed in Boston. The day has since grown into a national and international event.

Secretary of State Antony Blinken in a statement honored Transgender Day of Remembrance. 

ā€œTransgender individuals exist in every country, every culture, and every faith tradition,ā€ he said. ā€œ The United States recognizes Transgender Day of Remembrance to affirm the dignity and human rights of transgender persons globally.ā€ 

In a post on X, U.S. Sen. Tammy Duckworth (D-Ill.) wrote, ā€œOn this Transgender Day of Remembrance, we honor the trans and nonbinary lives lost to violence simply for being who they are. Every American deserves to live their truth and feel safe doing so. Hate has no place here.ā€

U.S. Ambassador to the U.N. Linda Thomas-Greenfield noted the Biden-Harris administrationā€™s advocacy for the trans community, which has included issuing a policy that prohibits discrimination based on gender identity and sexual orientation under the Title IX federal civil rights law this year. 

ā€œOn Transgender Day of Remembrance, we reaffirm there is no place for hate in America. The Biden-Harris Administration is proud to advocate for the safety of transgender and all LGBTQI+ Americans, including at the UN,ā€ she said in a post on X. 

Victor Madrigal-Borloz, a former independent UN expert on LGBTQ+ and intersex rights, also on X, said trans peopleā€™s human rights are questioned ā€œfor reasons that have nothing to do with them and a lot with bigotry.ā€

ā€œSupport them actively,ā€ he urged.

Xavier Becerra, the secretary of health and human services, seemingly mixed up the day that was being observed, releasing a statement mistakenly commemorating Transgender Day of Visibility, which takes place on March 31. 

ā€œWe fight so that trans Americans can go to the doctor and receive the same treatment as any other patient ā€¦ so that they feel welcomed at school and in their community for who they are,ā€ Becerra said. 

Maryland Gov. Wes Moore, a Democrat, issued a proclamation recognizing Transgender Day of Remembrance, continuing the precedent he set last year as the first Maryland governor to issue such a proclamation. 

Moore in May signed into law a bill that added gender-affirming care to Marylandā€™s definition of legally protected health care, affirming its status as a sanctuary state for trans people and their healthcare providers. 

Continue Reading

Popular