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California Supreme Court issues AB5 injunction forcing Uber & Lyft to make drivers employees

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Photo by Kirk Taylor

SAN FRANCISCO – A California Superior Court Judge in San Francisco issued an injunction Monday that ordered ride-hailing companies Uber and Lyft to convert their California drivers from independent contractors to employees with benefits. Some observers see the injunction as an early loss in the protracted court battles that the gig economy in California cannot afford to lose.

Judge Ethan Schulman, calling the drivers “central, not tangential” to the business, also granted a pause for 10 days so the companies can appeal his decision. However, Schulman cautioned in his written order “Defendants are not entitled to an indefinite postponement of their day of reckoning.”

The court’s ruling is stayed for a minimum of 10 days, and we plan to file an immediate emergency appeal on behalf of California drivers,” an Uber spokesman told MarketWatch in an email.

Uber and Lyft argued in a hearing last week that an injunction would be unprecedented and affect hundreds of thousands of drivers.

Drivers do not want to be employees, full stop,” a Lyft spokesman wrote to MarketWatch. “We’ll immediately appeal this ruling and continue to fight for their independence. Ultimately, we believe this issue will be decided by California voters and that they will side with drivers.”

The case, California v. Uber Technologies Inc. and Lyft Inc., CGC-20-584402, was brought by California’s Attorney General Xavier Becerra to enforce the state labor law known as Assembly Bill 5 (AB5) which has had far-reaching effects beyond the ride-hailing services. AB5 workers “can generally only be considered contractors if they perform duties outside the usual course of a company’s business.”

Should Uber and Lyft be forced to reclassify their California drivers as employees, they would be obligated by law to pay for overtime, health care, and other benefits.

Legal experts said Monday afternoon the companies are likely to ask for an extension to the 10-day period, but that the appeal could be a longshot.

I would think the companies have a big mountain to climb,” said William Gould, emeritus professor at Stanford Law School and former chief of the National Labor Relations Board told MarketWatch. “Their sky-will-fall arguments are more appropriately addressed to the legislature than the judiciary.”

AB5 was authored by Assemblymember Lorena Gonzalez of San Diego intended to stop large employers such as Uber and Lyft from denying worker rights and benefits to their gig employees and had an unintended consequence that has created chaos in the state’s gig economy. It also grossly limited work for freelancers and independent contractors.

A serious revolt ensued with the range of workers in the service, entertainment, and hospitality industries coalescing with freelancer writers and photographers to agitate to repeal AB5.

They were right. I was wrong,” Fred Topel of California Freelance Writers United noted that Gonzalez tweeted last May as saying as she introduced AB2257, a carve-out for writers, musicians, and others. AB2257 and AB1850, a bill with exemptions for other professions, both passed the Labor Committee and are headed to Appropriations where obstacles await.

In the meantime, as the COVID19 pandemic continues to stifle the state’s economy, AB5 still is having a negative impact on the gig economy outside of the ride-sharing companies.

The worker-classification issue has long been controversial. In 2018, a California Supreme Court decision, called Dynamex, established a new “ABC test” for when a worker can be classified an independent contractor: if A: They control their work; B: If their duties fall outside the scope of a company’s normal business; and C: If they are “engaged in an independently established trade, occupation or business.”

Schulman wrote that the gig-economy companies cannot pass the second prong of that law, and therefore “the likelihood that the People will prevail on their claim that Defendants have misclassified their drivers is overwhelming.”

In Washington late Monday afternoon, U.S. Chamber of Commerce Executive Vice President and Chief Policy Officer Neil Bradley in an emailed statement to the Los Angeles Blade wrote;

“This is an erroneous decision that allows politicians to tell thousands of individuals that they can’t support themselves and their families in the manner they chose. Unless overturned, the decision threatens to cause significant disruptions for individuals, families, and the economy. It is wrong and should not stand.”

Additional reporting by MarketWatch and Karen Ocamb

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Health

How will California’s new IVF law impact LGBTQ+ families?

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Gov. Gavin Newsom signed California Senate Bill 729 into law on Sunday, giving California families unobstructed coverage for fertility treatments, in vitro fertilization and other family planning through major insurance plans and policies.

Senator Caroline Menjivar introduced the bill last spring and since then, Republicans have amassed an attack toward IVF and fertility treatments.

“California is a proud reproductive freedom state – and that includes increasing access to fertility services that help those who want to start a family,” said Gov. Newsom. “As Republicans across the country continue to claw back rights and block access to IVF – all while calling themselves ‘the party of families’ – we are proud to help every Californian make their own choices about the family they want.”

This is a landmark move for California – a state that, although progressive – still used archaic standards and language to refer to a family dynamic and determine eligibility for family planning until this bill was signed into law. 


The law now requires health plans to cover treatments starting July 1, 2025. An estimated 10 million Californians will now have full access to treatments and have the opportunity to become parents regardless of past sexual history, relationship status, medical history. 

The new law will not apply to Medi-Cal managed care health care service plan contracts or any entity that enters into a contract with the State Department of Health Care Services for the delivery of health care services pursuant to specified provisions.

Earlier this year, a study found systematic barriers to fertility prevention for LGBTQ+ people on the path to becoming parents. This bill will now remove those systematic barriers for all families, including LGBTQ+ and interracial family dynamics. 

Last week, Equality California announced on an Instagram post that Grindr was the latest organization to join their efforts in urging Governor Newsom to sign the bill. 

Grindr’s CEO made a statement regarding the support, using his own surrogacy journey as an example. 

“I have two kids from surrogacy. They don’t tell you when you go to the IVF clinic how difficult it’s going to be. We’re lucky, because it’s very expensive, but it worked out really well” said Grindr’s CEO George Arison. “When I took on this role, one of the things that was obvious to me is that I think a lot more gay men would have children if the cost was more affordable…”

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National

Vermont GOP Governor signs law banning ‘gay panic defense’

With the Governor’s signature Vermont becomes the 14th state to enact a similar ban.

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Vermont State House (Capitol) (Photo Credit: State of Vermont)

MONTPELIER, VT. – Vermont Republican Governor Phil Scott signed legislation Wednesday that bans use of the ‘gay panic defense” by criminal defendants.

H.128, prevents a defendant at trial or sentencing from justifying violent actions by citing a victim’s actual or perceived sexual orientation or gender identity. 

With the Governor’s signature, Vermont becomes the 14th state to enact a similar ban. (See Table from Wikipedia)

The LGBTQ+ “panic” defense strategy is a legal strategy that asks a jury to find that a victim’s sexual orientation or gender identity/expression is to blame for a defendant’s violent reaction, including murder.

It is not a free-standing defense to criminal liability, but rather a legal tactic used to bolster other defenses. When a perpetrator uses an LGBTQ+ “panic” defense, they are claiming that a victim’s sexual orientation or gender identity not only explains—but excuses—a loss of self-control and the subsequent assault. By fully or partially acquitting the perpetrators of crimes against LGBTQ+ victims, this defense implies that LGBTQ+ lives are worth less than others.

One of the most recognized cases that employed the LGBTQ+ “panic” defense was that of Matthew Shepard. In 1998, Matthew Shepard, a 21-year-old college student, was beaten to death by two men. The men attempted to use the LGBTQ+ “panic” defense to excuse their actions. Despite widespread public protest, the defense is still being used today.

At the Federal level, Senate Bill 1137, a bill to amend title 18, United States Code, to prohibit gay and trans panic defenses has been introduced in Congress on Apr 15, 2021. This bill is in the first stage of the legislative process. It will typically be considered by in this case the Senate Judiciary Committee next before it is possibly sent on to the House or Senate as a whole. The legislation is sponsored by Senator Edward “Ed” Markey, (D- MA).

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National

South Carolina’s capital city considers ban on conversion therapy

Conversion therapy has been banned in 20 states and more than 70 municipalities across the United States.

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The First Lady of the United States, Dr. Jill Biden and Columbia City Councilmember Tameika Isaac Devine (Photo from the Facebook Page of Councilmember Devine)

COLUMBIA, SC. – The city council in a unanimous vote Tuesday granted initial approval to a new ordinance that bans the practise of conversion therapy — sometimes referred to as reparative therapy or ex-gay therapy.

The ordinance, put forward by City Councilmember Tameika Isaac Devine, defines conversion therapy as “treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.”

The ordinance however does leave stipulations that allow “counseling that provides support and assistance to a person undergoing gender transition.”

According to The State, the ordinance would make it unlawful “for any provider to provide conversion therapy or reparative therapy to a minor within city limits if the provider receives compensation for such services.” The penalty would be civil, not criminal, and would carry a $500 fine.

Devine told The State’s journalist Chris Trainor that a prohibition on conversion therapy for minors is recommended by the national Human Rights Commission and leading LGBTQ organizations such as the Human Rights Campaign, GLAAD, and PFLAG.

“We felt like this was very important as we talk about equality within the city,” Devine told The State. “It’s not just racial equality, it cuts across all lines. We wanted to move forward with this.”

The City’s Council passed the ordinance on its first reading on the item on Tuesday, with final approval likely to be considered later this month.

The Williams Institute estimates that 698,000 LGBT adults in the U.S. have received “conversion therapy,” 350,000 of whom suffered the experience as adolescents. Most medical and psychological professional associations strongly oppose “conversion therapy” as illegitimate. 

The American Psychological Association has opposed the practice since 1998, arguing that there is “no credible evidence” such procedures proffered by adherents of the so-called therapy could change sexual orientation.

Conversion therapy has been banned in 20 states and more than 70 municipalities across the United States. California was first to do so in 2012.

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Health

Born This Way Foundation and Harris Poll find youth of color receiving less kindness

According to the survey’s research results, there is an undeniable link to how kindness contributes to many aspects of mental wellness

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BOSTON, MA. – The Born This Way Foundation announced Monday the results of a survey of over 2,000 young people ages 13 to 24 in the United States, exploring how young people define kindness and the impact on their mental wellness.

The survey, which ran from January 29, 2021 to February 12, 2021, had results showed that nonwhite and LGBTQ+ youths are less likely to hear kind words and thoughts or actions than their cisgender white peers — even from themselves.

According to the survey’s research results, there is an undeniable link to how kindness contributes to many aspects of mental wellness, from helping young people feel safe, confident, and less alone to changing the trajectory of their day and even their desire to stay alive.

They also reveal that based on one’s race, ethnicity, gender, sexual orientation, and financial security, young people experience and witness kindness in varying frequencies, which could have further implications on their respective mental wellness.

Key findings of the survey include:

  • Most young people say experiencing more kindness would improve their mental wellness—be it from others (73%), themselves (74%), or observed in the world around them (71%).

  • The acts of kindness young people most commonly say would have the biggest impact on their mental wellness are having someone who: listens when they have a problem (85% say it would have a big/moderate impact), believes in them and encourages them to do their best (83%), and checks in on them or asks if they’re doing OK (80%).

  • White youth are more likely than Black, Indigenous, and youth of color to say they experience certain acts of kindness. White youth are far more likely to have someone who believes in them and encourages them to do their best, goes out of their way to show they care, or listens when they have a problem.

  • Transgender and non-binary youth* say that the act of introducing yourself using pronouns is among the top acts that would have a big improvement on mental wellness. (*Note: Small sample size [n=45]. Results should be interpreted as qualitative in nature.)

  • Three quarters of young people are coping very (19%) or somewhat well (56%), and those who are, are much more likely than those who are not to say they regularly experience and witness acts of kindness, have people in their life who care about them, understand them, or that they can talk to if they have problems, say they have a place they can go (in real life or online) where they feel like they belong, and have found ways to thrive in the past year, ultimately giving insight into the keys to coping with crisis.

The Born This Way Foundation is a non-profit organization founded in 2012 by American musical singer-songwriter artist and LGBTQ/Human Rights activist Lady Gaga and her mother, Cynthia Germanotta.

The full report is available below:

https://www.slideshare.net/btwfoundation/kindness-is-action-report

https://www.slideshare.net/btwfoundation/kindness-is-action-report

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National

Lambda Legal, ACLU, and ACLU of Alabama to Challenge State Ban on Gender-Affirming Care for Trans Youth

The bills are an effort to block potentially lifesaving health care for transgender young people

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Alabama State Capitol Building (Photo Credit: State of Alabama)

MONTGOMERY, AL. – In a joint statement released Wednesday afternoon, Lambda Legal, the American Civil Liberties Union, the ACLU of Alabama, and Cooley LLP announced their plans to file a legal challenge to proposed legislation in Alabama that, as currently written, would criminalize medical professionals who provide gender-affirming care to transgender youth with up to 10 years in prison.

The bills are an effort to block potentially lifesaving health care for transgender young people. With the legislative session soon coming to a close, SB10 is one of several bills the House is still considering, and if passed would come on the heels of another anti-trans bill, HB391, which Governor Kay Ivey signed into law.

“The proposed legislation is unconstitutional in multiple respects, as we will forcefully argue in court,” said Kathleen Hartnett of Cooley LLP. 

Two companion bills, House Bill 1 and Senate Bill 10, are pending in the Alabama Legislature. Both bills would criminalize doctors or medical professionals who provide gender-affirming care to transgender youth under 19 years, carrying severe criminal penalties that could result in fines and even require jail time.

“If Alabama lawmakers insist on passing this cruel, dangerous, and unconstitutional legislation into law, the state will immediately have a lawsuit to deal with,” said Carl Charles, staff attorney for Lambda Legal. “The Alabama Legislature and Governor Kay Ivey need to consider the time and resources they will invest, not to mention the stain of discrimination that often means lost opportunity and investment and ask themselves if targeting the health care of children is truly worth it because we are prepared to make that investment in order to protect transgender youth, their families, and their doctors, in Alabama.”

The bills as drafted are also so broad that they can be read to include criminal penalties for parents and guardians who support transgender young people. SB10 is on the House calendar for this Thursday, and if passed, would come less than a week after Governor Kay Ivey signed another anti-trans bill HB391 into law.

“If passed and signed into law, Alabama will have the most deadly, sweeping and hostile law targeting transgender people in the country,” said Chase Strangio, deputy director for Trans Justice with the ACLU’s LGBTQ & HIV Project. “Science and medicine are clear: That the way to reduce harm to trans youth is to provide them with gender-affirming health care where it is medically indicated. This bill takes that life-saving treatment option off the table and makes it a felony. Moving forward with this bill will be deadly for trans youth, push doctors out of a state that has a shortage of medical providers, hurt Alabama’s economy, and subject the state to costly litigation.”

Medical organizations and doctors have consistently opposed these bills. Studies consistently show that transgender children who receive gender-affirming care such as puberty-delaying medication, hormones, or both when they are young have better mental health outcomes and report fewer cases of depression, self-harm, and suicide or attempted suicide.

“The Alabama Legislature has been down this road before, wasting taxpayer time and money to pass unconstitutional bills that they know will get taken to court. This year seems to be no different,” said Kaitlin Welborn, staff attorney for ACLU of Alabama. “Transgender youth have the constitutional right to access necessary healthcare, just like everyone else. If the state tries to take that healthcare away, we’ll see them in court.”

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National

Biden nominates a lesbian and a transwoman to high-ranking Pentagon posts

Biden is set to nominate two members of the LGBTQ community with a background in LGBTQ rights

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Brenda Sue Fulton and Shawn Skelley (Photo of Fulton public domain; photo of Skelley courtesy Skelley)

WASHINGTON – President Joe Biden is set to nominate two members of the LGBTQ community with a background in LGBTQ rights for high-ranking civilian positions at the Defense Department, the White House announced on Friday.

Brenda Sue Fulton, a lesbian activist who fought for “Don’t Ask, Don’t Tell” repeal and transgender military service, is set to obtain the nomination as assistant secretary of defense for manpower and reserve affairs, which would make her an adviser for U.S. military personnel affairs.

Shawn Skelly, a transgender national security expert who served on Biden’s transition team after the inauguration is on the other hand set to obtain the nomination of assistant secretary of defense for readiness, which overseas U.S. military force and health affairs.

Skelly, who served on active duty in the U.S. Navy for 20 years as a Naval Flight Officer, is also co-founder of Out in National Security, an affinity group for LGBTQ national security experts and officials,

Luke Scheusener, a fellow co-founder of Out in National Security, hailed the news of Skelly’s nomination in a statement.

“Shawn is first and foremost a public servant,” Scheusener said. “She has dedicated her life to serving the United States in and out of uniform. That extends to her decision to co-found and President of ONS. She has been a stalwart advocate for our community and for LGBTQIA+ national security professionals.”

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Health

Little hope for Trans youth under siege by Republicans

Fear, anger, outrage, and exasperation are now the experiences daily for Trans Americans

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Landon Richie speaking at the Texas State Capitol Building during a rally for LGBTQ rights. (Photo Credit: Landon Richie via Facebook)

HOUSTON, TX. – The thousand-yard stare is rapidly afflicting many members of the Transgender community in the United States these days, especially Trans youth and their parents.

That phrase, often used to describe the blank, unfocused gaze of combatants who have become emotionally detached from the horrors around them, sadly fits most Trans people.

It is a war without bullets, bombs and artillery shells, but it is a war nonetheless being waged against a fractional percentage minority in America ironically by another minority, only one that is well funded and politically powerful backed by religious zealots and extremists.

Fear, anger, outrage, and exasperation are now the experiences daily for Trans Americans of every age as they confront what has been a virtual tsunami of legislative actions in twenty-five states specifically targeting their existence, as Republican lawmakers work to limit medical care, participation in sports, or limit their being able to self determine their own gender identity.

In a published commentary this week, an 18 year-old trans male from Virginia pointed out;

“A lot of anti- trans bills targeting people like me passed recently and more are being proposed. Republicans have decided that the most important thing to do in the middle of a pandemic is to take away life-saving treatment from children and ban them from playing sports,” Eric Tannehill said.

“This has been painful for me. It’s like watching a murder in slow motion. I see what they’re doing and recognize that it’s going to get people killed and there’s nothing I can do but just watch as they target kids like me with a smile on their face and a Bible in hand,” he added.

The soft voice on the phone is weary filled with mixed tones of anger and disgust but also apprehension. “There’s so many of these bills,” 18 year-old Landon Richie tells the Blade. Richie, a college freshman in the metropolitan Houston area has been invested in the fight for Trans rights in Texas since he first came out as an young child.

“I’ve been very lucky to have had my parents’ support especially with my medical care. I’m on hormones, I had ‘top’ surgery- but if they pass both House Bill 1399 and Senate Bill 1311 I have a younger sibling who identifies as non-binary and they would be blocked from receiving medical care,” he said. “We don’t know what we (as a family) are going to do- I mean there are other families who are talking about moving away. [from Texas]”

HB 1399 prohibit health care providers and physicians from performing gender confirmation surgery or prescribing, administering or supplying puberty blockers or hormone treatment to anyone under the age of 18.  SB1311 would revoke the medical license of health care providers and physicians who perform such procedures or prescribe such drugs or hormones to people younger than 18. 

As these bills work their way through the Texas statehouse, the ACLU reports that in 14 other states, lawmakers are also pushing laws that bans or severely restrictions on transition care for trans youth under 18.

The Williams Institute at the University of California Los Angeles School of Law warns that 45,100 trans youth are at risk of loss of gender-affirming medical care.

Most of these bills propose to make it a crime or a cause for professional discipline for medical providers to deliver gender-affirming care to minors. Bills in Louisiana, Missouri, North Carolina, South Carolina, Tennessee, and Texas also include penalties for parents who encourage or facilitate minors’ access to gender-affirming medical care.

In three other states—Alabama, Louisiana, and South Carolina—school employees would be prohibited from withholding information about a child being transgender from that child’s parents, while a similar requirement proposed in North Carolina would apply to all state employees.

The bill passed in Arkansas, and bills under consideration in Louisiana, Montana, North Carolina, and Tennessee, would allow individuals to file civil suits for damages against medical providers who violate these laws.

Bills in Arkansas and Montana provide mechanisms for the state Attorneys General to file suit against medical providers to enforce compliance. 

“I can’t see not being able to transition- I mean having to live with non-support?” Richie said. “I can tell you that if I had not had the support of my parents and well, if I hadn’t been able to transition- I may not even be here, nothing is more terrifying for a Trans kid than being out and not able to transition,” he added.

In the case of Texas, Richie says he is aggravated by the fact that lawmakers aren’t listening to experts, medical experts, counselors, and even trans youth who have been testifying in front of both Representatives and Senators in the various committees. “They don’t care, they listen to some bogus groups like the “American College of Pediatricians” which isn’t credible,” he angrily stated.

The ACP is a small group of physicians that left The American Academy of Pediatrics after the AAP released a 2002 policy statement explaining that gay parents pose no risk to adopted children. The Southern Poverty Law Center has repeatedly labeled the ACP as an anti-LGBT hate group that promotes false claims and misleading scientific reports.

“Texas will be uninhabitable for Trans kids if they pass all these bad bills,” he said.

Medical experts agree that should this legislative tsunami pass into law, the mental health toll of gender dysphoria and social marginalization will produce spikes in youth suicides and other psychological trauma. 

In an interview with The Texas Tribune, Marjan Linnell, a general pediatrician explained that puberty suppression treatment has been used for decades to prevent children from going through puberty too soon. Once those children reach an appropriate age, their treatment stops and natural puberty occurs. Linnell said the same is true for transgender children, for whom puberty can often exacerbate poor mental health.

“The point is to have a reversible treatment that can give them some time,” she said. “That not only helps to gain some time to make sure we’re making an appropriate and best practice medical decision for these kids and families, but we also know it can be incredibly important for preserving the mental health of our kids that are going through gender affirming care.”

In Orange County California, the mother of an 11 and a half year old trans daughter, who asked to not be identified, relayed in a phone call to the Blade that the impact on Trans youth even in affirming states like California is horrific.

“She asked me if she was going to be safe. Like most kids who follow the news she panicked- kids think globally she has friends in Texas, she thought ‘the government’ would take away her rights,” the mother said.

NBC’s Jo Yurcaba reported Monday that George and Emily Spurrier are leaving their home of 16 years in central Arkansas due to a new law that will ban the health care that they say their 17-year-old transgender son needs.

Emily Spurrier said when her son heard the news, he sat in her car and cried for an hour.

“It was just kind of a wave of emotions, thinking about moving and then him worrying about some friends that he has here in the Little Rock area,” she said. “And then just the thought that this is really the only place he ever remembers living.”

Richie tells the Blade that worst part of this entire mess is being targeted by Republicans for what he sees as an immutable part of his existence as a human being.

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Miscellaneous

Oklahoma House GOP passes ‘sports for girls not trans girls’ bill

This is an unnecessary and hateful bill

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Oklahoma State Capitol Building (Official State Photo)

OKLAHOMA CITY, OK. – The Oklahoma House of Representatives Monday passed an amended version of State Senate Bill 2 (SB 2) which states: “Athletic teams designated for ‘females,’ ‘women’ or ‘girls’ shall not be open to students of the male sex.” SB 2 passed the GOP-controlled House in a 73-19 vote along party lines.

The bill specifically targets trans females as it was was amended with a provision that would require parents to sign an affidavit “acknowledging the biological sex of the student at birth” in order for a child to participate in youth sports.

“I do not want any person to leave here thinking that the design of this bill is to be cruel or to be mean to a group of children,” said Rep. Toni. Hasenbeck, the bill’s author to the Daily Oklahoman. “It is simply to protect the rights of young women so they do not have to compete against males, who are biologically and physiologically better able to run (and) jump higher and faster.” 

Former Oklahoma State Senator Allison Ikley-Freeman, the Behavioral Health Coordinator for the Dennis R Neill Equality Center in Tulsa told the Blade that the legislation would apply to public, charter, or private schools although there was a provision that trans-girls could play on ‘Co-Ed’ teams and sports which she said “wasn’t really a thing in the state’s schools.”

“This is an unnecessary and hateful bill,” Ikley-Freeman told the Blade. A former legislative colleague, Democratic House Representative Monroe Nichols who represents House District 72 (Tulsa)  said SB 2, referred to officially as the “Save Women’s Sports Act,” will worsen high rates of violence against the trans residents in the state. 

“Bills like this are just the latest example of this anti-transgender stigma that does nothing to save women’s sports, but it does lead to increased risk factors and creates a culture of violence and fear in the lives of the folks who are targeted in this bill,” he said. 

Rep. Mauree Turner, D-Oklahoma City, said state lawmakers should be focused on creating a safe space for all Oklahoma children to grow and thrive. Turner is the nation’s first nonbinary state lawmaker and appeared disheartened as the debate in the Senate yesterday progressed, the the Daily Oklahoman reported.  

“We are not providing a safe and welcoming place for our children,” Turner said. “We are not providing a place for people to civically engage in a way that they feel seen and heard. You’re not providing a place where I feel comfortable.”

Former Senator Ikley-Freeman told the Blade that the legislation will now head back to the Senate for a reconciliation process after which it will go to the Senate floor for a vote and then on to Republican Governor John K. Stitt for his signature.

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AIDS and HIV

New CDC data says people with HIV at high risk for intimate partner violence

There were also significant differences based on gender and sexual identity

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CDC Headquarters building, Atlanta, Georgia (Blade file photo)

ATLANTA, GA. – New data from the Centers for Disease Control and Prevention (CDC) show that one in four adults with HIV in the United States has experienced intimate partner violence (IPV), which disproportionately affects women and LGBTQ populations.

Further, people with HIV who experienced IPV in the past 12 months were more likely to engage in behaviors associated with elevated HIV transmission risk, were less likely to be engaged in routine HIV care and more likely to seek emergency care services and have poor HIV clinical outcomes. The findings are reported in the American Journal of Preventive Medicine, published by Elsevier.

Lead Investigator Ansley B. Lemons-Lyn, MPH, and colleagues from the CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention and the National Center for Injury Prevention and Control in Atlanta, GA, USA, used data from the Medical Monitoring Project, an annual survey used to produce national estimates of sociodemographic, behavioral, and clinical characteristics of adults diagnosed with HIV.

Analysts estimated the prevalence of respondents who had ever experienced IPV and those who experienced IPV within the last 12 months and compared that with sociodemographic information, behavioral characteristics, clinical outcomes, and the use of emergency or inpatient medical services in the past year.

Among individuals with HIV, 26.3 percent had at least one experience of IPV. Significant differences were found by race/ethnicity and age; 35.6 percent of women, 28.9 percent of transgender people, and 23.2 percent of men had experienced IPV.

There were also significant differences based on gender and sexual identity. Although women overall experienced the highest prevalence of IPV, bisexual women experienced the highest proportion (51.5 percent) compared with all gender and sexual identity groups.

Overall, 4.4 percent of people with HIV had experienced IPV in the last 12 months. Statistically significant differences were found by sociodemographic characteristics, such as age and gender/sexual identify but not by race/ethnicity or gender identity.

The study found that compared with individuals with HIV who did not experience IPV in the last 12 months, those who did engaged in riskier behavior such as binge drinking, use of injection drugs, and transactional sex. They were more likely to report not receiving additional needed services.

These findings suggest that screening people with HIV for IPV and linking them to services, not only during HIV testing but also during routine HIV care, is important.

A higher proportion of individuals reporting IPV in the last 12 months were not receiving HIV medical care, were not taking antiretroviral therapy, and were more likely to miss HIV-related medical appointments. They were also more likely to have more than one emergency room visit or hospital admission in the past 12 months.

The study suggests that when IPV is identified, the safety and health of people with HIV can be improved with supportive services. IPV is preventable, especially when efforts begin early. The investigators note that most IPV and protection programs are tailored for heterosexual women. Given the extent to which the study found risk to other gender/sexual identity groups and racial/ethnic minorities, investigators suggest that programming should be tailored for marginalized groups.

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History

Anti-LGBTQ activist Judith Reisman dies at age 86

There was the time she appeared on the Liberty Counsel’s radio show to declare that all gays are inherent pedophiles

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Screenshot via JoeMyGod

Editor’s note: Judith Ann Reisman was a vocal opponent of women’s reproductive rights, LGBTQ rights and known for her criticism and condemnation of the work in sexual studies of Dr. Alfred Kinsey. Reisman, a prominent conservative, has been referred to as the “founder of the modern anti-Kinsey movement.”  New York-based LGBTQ journalist, activist and blogger Joe Jervis covered her for over a decade on his widely popular blogsite Joe.My.God.

By Joe Jervis | Longtime JMG readers will recall Reisman’s anti-LGBT claims as a regular feature here going back a decade or so. There was the time she appeared on the Liberty Counsel’s radio show to declare that all gays are inherent pedophiles:

We know that pedophilia, which was the original Greek they say it’s ‘love of’ but of course it isn’t, it’s ‘lust for’ boys. And there’s a strong, clear, cross-cultural, historical reality, people don’t want to do deal with, but the propaganda has been loud and strong to deny the fact, the aim of homosexual males and now increasingly females is not to have sex with other old guys and get married but to obtain sex with as many boys as possible. That’s the reality.

There was the time she called for a class action suit against groups that advocate for safer sex:

The reality is that condoms are manufactured and approved every day for natural, vaginal sex, not anal “sex.” They are not effectively designed to protect from disease those people who engage in sodomy. Such a lawsuit should target the AIDS Healthcare Foundation, Planned Parenthood and a myriad of teachers and school systems, too many to count, that have taught that anal “sex” (traditionally termed “sodomy” or “buggery” under British-based legal codes) as not so different than natural coitus. Due to the lies that have told, people who practiced sodomy are under the tragically mistaken notion that a condom is effective protection from disease.

There was the time she went to Jamaica to advocate for keeping homosexuality criminalized:

American Religious Right leaders Mat Staver and Judith Reisman are scheduled to be featured speakers at a conference in Jamaica this weekend hosted by a group that has been working to preserve the country’s criminal ban on consensual gay sex. The annual conference, hosted by the Jamaica Coalition for a Healthy Society, will focus on how “[c]ontemporary society has become increasingly hostile to the traditional definitions of marriage and family” and Staver.

There was the time she blamed the demise of “Don’t Ask, Don’t Tell” on a rise in reported sexual assaults in the military:

Why is the best-kept military secret that most soldierly sexual assaults are now definitively homo, not heterosexual, male-on-male sexual exploitation? While men are statistically more loathe to report their sexual victimization than are women, 10,700 male soldiers, sailors and airmen in 2010 actually reported their sexual assaults. What this means is not totally clear, since men are cannot technically be raped, despite the term being regularly used in the recent hearings on the matter.

There was the time she compared activists against school bullying to Hitler Youth:

Both the GLSEN youth and the Hitler Youth were trained to be revolutionary leaders of the brave new world order. GLSEN school clubs and their teacher sponsor/trainers are now funded by major corporations and by some state funds. GLESN’s Day of Silence and “GAY ALLY!” pledge cards for kindergartners and other children (left) are direct assaults on traditional parental, American values. German children’s literature historians document Hitler’s pioneering ban of both the Ten Commandments and biblical stories from Nazi school texts in favor of coarse and violent tales that ridiculed religious believers and their values.

There was the time she was condemned by the Anti-Defamation League:

Holocaust analogies generate headlines and get attention, they do little in the service of truth, history or memory. When [Peter] LaBarbera and Reisman suggest that gay, lesbian, bisexual and transgender people are “demonizing [Christians] like the Nazis used to do to the Jews,” they undermine the historical truth of the Holocaust as a singular event in human history that led to the murder of six million Jews and millions of others. Holocaust comparisons are deeply offensive and trivialize and distort the history and meaning of the Holocaust.

And let’s close with this notation from Rational Wiki:

Reisman is a supporter of Scott Lively and his completely insane screed, The Pink Swastika. She has claimed that she believes that a homosexual movement in Germany gave rise to the Nazi Party and the Holocaust. She enthusiastically and unconditionally endorses criminalization of homosexuality, despite the fact that homosexuals were were one of the Nazis’ target groups for annihilation. Reisman has claimed that the homosexuals employ recruitment techniques that rival those of the United States Marine Corps to transform innocent children into raving homosexuals.

Reisman, passed away on Friday, April 9, 2021, two days before her 86th birthday. From the magazine of the far-right John Birch Society:

Like Judith the Biblical heroine, Dr. Reisman was fearless and stood against the great powers of the world in our time. When her countrymen were ready to surrender to the mighty Assyrian army, the Biblical Judith, trusting in God, walked into the enemy camp — and walked out with the head of Holofernes, the Assyrian general, thus saving her people. Likewise, Judith Reisman repeatedly, over the past several decades, strode into many hostile enemy camps around the world — colleges, universities, legislative bodies, media outlets — to speak truth to power and to expose vile works of darkness.

Joseph “Joe” Jervis  is an American blogger and writer based out of New York City. He is the author of Joe.My.God., a personal blog which, since he first posted on April 27, 2004, has primarily covered LGBT news and opinion.

The preceding article was originally published at Joe.My.God and republished by permission.

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