News
Court halts Trump trans military ban, in part
The decision in the first of four lawsuits upholds trans protections as a protected class
US District Court Judge Colleen Kollar-Kotelly put a hold on President Trump’s tweet-ordered ban on transgender military service, ruling in favor of the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), who filed Doe v. Trump on August 9 seeking an immediate injunction on behalf of five transgender service members.
In her decision, Kollar-Kotelly said she believes that the Plaintiffs will win in proving that Trump’s Directive is unconstitutional. She says trans servicemembers should be considered a targeted class under “an intermediate level of heightened scrutiny,” as well as protected under gender. The Court therefore ruled that active duty trans servicemembers can continue to serve but the halt to the accessions policy pertaining to recruitment and promotion that Sec. of Defense Mattis put in place will also remain in effect until the constitutionality of the Directive is determined.
“The effect of the Court’s Order is to revert to the status quo with regard to accession and retention that existed before the issuance of the Presidential Memorandum—that is, the retention and accession policies established in the June 30, 2016 Directive-type Memorandum as modified by Secretary of Defense James Mattis on June 30, 2017. In all other respects, the Presidential Memorandum is not enjoined,” the judge wrote in her 76-page decision.
The judge also tackled the long-established argument that Courts traditionally give deference to the military. Yes, she writes, but “the Court is not powerless to assess whether the constitutional rights of America’s service members have been violated.” She also needled the Justice Department, which is expected to appeal. Under “an intermediate level of heightened scrutiny,” the government must provide an “exceedingly persuasive justification” for the ban—and she didn’t buy their arguments.
“[G]iven the deference owed to military personnel decisions, the Court has not based its conclusion solely on the speculative and overbroad nature of the President’s reasons,” the decision reads. “As far as the Court is aware at this preliminary stage, all of the reasons proffered by the President for excluding transgender individuals from the military in this case were not merely unsupported, but were actually contradicted by the studies, conclusions and judgment of the military itself.
“A bare invocation of ‘national defense’ simply cannot defeat every motion for preliminary injunction that touches on the military,” the Court continues. “On the record before the Court, there is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the military at all. In fact, there is considerable evidence that it is the discharge and banning of such individuals that would have such effects. The Court also notes that fifteen States have filed an amici brief indicating that they and their residents will be harmed by the Presidential Memorandum if it is not enjoined….Moreover, the injunction that will be issued will in no way prevent the government from conducting studies or gathering advice or recommendations on transgender service. The balance of equities and public interest accordingly weigh in favor of granting Plaintiffs’ motion.”
“This is a complete victory for our plaintiffs and all transgender service members, who are now once again able to serve on equal terms and without the threat of being discharged,” said Shannon Minter, NCLR’s Legal Director. “We are grateful to the court for recognizing the gravity of these issues and putting a stop to this dangerous policy, which has wreaked havoc in the lives of transgender service members and their families.”
“This court saw straight through the smokescreen the government tried to create to hide the bias and prejudice behind Trump’s change in military policy. This clear, powerful ruling confirms that there is no legitimate reason to exclude transgender people from military service,” said Jennifer Levi, Director of GLAD’s Transgender Rights Project. “Fighting discrimination isn’t easy, and to all the transgender members of the armed forces or those looking to join, I want to say thank you for your courage, not only in fighting for our country, but in fighting for the constitutional values of equality and justice.”
The Court did deny, however, an injunction against the ban on trans sex reassignment surgery. More news on that front is expected after a joint NCLR/GLAD news conference.
A Pentagon source says this was the expected outcome regarding the Retention and Accessions policy. The source also noted that this is just the first shoe to drop and is not the end of it.
Los Angeles
Ysabel Jurado Claims Victory: A New Era for Los Angeles City Council District 14
The LGBTQ+ candidate maintained steady lead over incumbent Kevin De León, eventually declaring victory
Ysabel Jurado, the Highland Park resident and tenants rights’ attorney, is now Councilmember of Council District 14 after a battle for the hot seat against incumbent Kevin De León.
“Today, I am humbled to officially declare victory in the race for Los Angeles City Council District 14. This win is not mine—it belongs to our community,” said Jurado shortly after the win was announced.
Jurado makes history as the first Filipino American to serve on the Council and has expanded LGBTQ+ and women’s representation too.
In her celebratory statement after Thursday’s win, she stated that De León used Trump-like tactics and she is glad the city did not play into it.
“Trumpism has no place in CD-14– and we proved that by resoundingly rejecting the divisive tactics deployed by our opponent–tactics adopted directly from the Trump playbook,” said Jurado. “Like Trump, our opponent thumbed his nose at the law—from his racist gerrymandering scandal that likely violated the Voting Rights Act– to the current open investigation into his campaign for money laundering.”
Jurado is the new hope for a city that has been marred by racial and phobic remarks by those previously and still in positions of power.
Other news outlets are reporting that this marks another fallen Latino leader after the leaked L.A. City Council audio recording went viral in 2021 and led to the resignation of Los Angeles City Council president Nury Martínez.
De León’s goal during his term was to retain and expand Latin American political power.
With De León out, that leaves Latin Americans taking up only four out of the Council’s 15 seats, in a city that has a majority Latin American population. The city’s biggest Mexican American communities like Boyle Heights and El Sereno will not have a Latin American leader for the first time in nearly 40 years.
During De León’s campaign, he urged voters that if Jurado were to be elected, it would come at the expense of Latin American voices.
Last month, Eastside voters received a text message from De León’s campaign saying: ‘Forty years of Latino political power is under threat.’
Jurado secured her victory after placing first in the March primary, with support from Latin American politicians like Councilmember Hugo Soto-Martínez, L.A. Unified School District trustee Rocio Rivas, L.A. County Supervisor Hilda Solis and Councilmember Eunisses Hernandez, who replaced incumbent Gil Cedillo after he was also caught on audio making racist and defamatory remarks.
“These are heavy times, but Ysabel Jurado’s win is an incredible cause for hope,” said Hernandez in a congratulatory post on Instagram. “She has proven again and again that our city has not just the capacity to dream of a better future for ourselves, but that we demand it.”
De León tapped into the pathos of Eastside residents during his campaign, resorting to political tactics that attacked Jurado directly, rather than tackling the key issues at hand.
“Like Trump, he relied upon fear mongering, red-baiting, misogyny, and racial dog-whistling in an effort to divide us. But unlike Trump, his tactics failed.”
World
Trump election sparks concern among activists around the world
Brazilian organization: Grassroots advocacy crucial to defending LGBTQ+ rights
LGBTQ+ activists and advocacy groups around the world have expressed concern over President-elect Donald Trump’s election.
“I worry that Trump’s win means no protection for global LGBTQ+ human rights,” Sexual Minorities Uganda Executive Director Frank Mugisha told the Washington Blade.
Mugisha added Trump “won’t or step in to support us” when “we are under attack with extreme anti-gay legislations.” (The Biden-Harris administration last year imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. after President Yoweri Museveni signed the Anti-Homosexuality Act.)
Esteban Paulón, a long-time LGBTQ+ activist in Argentina who won a seat in the country’s Congress in 2022, echoed this concern and Mugisha.
“My first reaction (to Trump’s election) is concern over how it is going to impact (LGBTQ+) rights in the international sphere,” Paulón told the Blade.
Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of his administration’s overall foreign policy. The White House in the same year named Jessica Stern, who was previously the executive director of Outright International, as the next special U.S. envoy for the promotion of LGBTQ+ and intersex rights abroad.
Then-State Department spokesperson Ned Price during a 2021 interview with the Blade noted the decriminalization of consensual same-sex sexual relations was one of the Biden-Harris administration’s priorities in its efforts to promote LGBTQ+ and intersex rights abroad. Stern in 2022 told the Blade that support of marriage equality in countries where activists say such a thing is possible through legislation or the judicial process is “among a wider set of priorities.”
Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.
Axios on Thursday reported Grenell is Trump’s top candidate to succeed Secretary of State Antony Blinken.
Bru Pereira and Gui Mohallem are co-directors of VoteLGBT, a Brazilian organization established in 2014 with a mission to increase LGBTQ+ representation their country’s politics.
Pereira and Mohallem in a statement they sent to the Blade on Wednesday said the U.S. election outcomes, “especially as they reflect a divided political landscape, underscore an international trend we are observing — a growing divide between progressive movements and the resurgence of conservative, often authoritarian, political forces.”
Former Brazilian President Jair Bolsonaro was in office from 2018-2022. He faced sharp criticism because of his rhetoric against LGBTQ+ Brazilians, women, people of African and Indigenous descent and other groups. Thousands of Bolsonaro supporters on Jan. 8, 2023, stormed the Brazilian Congress, presidential palace, and Supreme Court.
President Luiz Inácio Lula da Silva took office a week earlier.
Pereira and Mohallem in their statement said they are “witnessing how grassroots efforts, particularly from marginalized communities, are crucial in defending LGBTQ+ rights under right-wing governments.”
“For us, advancing and protecting LGBTQ+ rights in such a context involves fostering local leadership, as well as strengthening community resilience and alliances,” they said. “It’s about creating spaces where voices traditionally sidelined — especially those of trans, Black, and Indigenous LGBTQ+ individuals — can lead democratic change. Here, we see our role not just in advocacy but in shaping an intersectional approach to political transformation, one that insists on the inclusion and visibility of diverse identities.”
“Ultimately, we believe that the democratic health of any nation depends on its most vulnerable communities being empowered to speak up and lead,” added Pereira and Mohallem. “We’re committed to supporting this journey, even in times of political setbacks, through community solidarity and international collaboration.”
Astraea Lesbian Foundation for Justice Executive Director Joy Chia in an email to supporters on Wednesday largely echoed Pereira and Mohallem.
“As a funder of LGBTQI+ communities in all regions of the world, the Astraea Foundation is keenly aware of the far-reaching impacts that this election will have and has already had,” wrote Chia. “I also recognize that political repression is not new to LGBTQI+ activists and our communities. This isn’t our first time working in hostility and chaos, and we are ready to resist.”
“The Astraea Foundation will continue to work alongside grantees to build power and create sustainable change so that our communities can thrive. We will continue to push liberation forward, support our grantee partners, and hold true to our intersectional feminist values at every turn,” added Chia. “The work we do every day is vital, and this difficult moment only strengthens our resolve to keep the fight moving forward.”
Outright International Executive Director Maria Sjödin in an email to their group’s supporters said the U.S. election results “have raised deep concerns for many of us who care about fundamental human rights, freedoms, and democratic norms for LGBTIQ people and everyone else around the world.”
“As Outright International unites with you, our global community, we know that this outcome impacts not only the U.S. but also the global momentum toward justice and equality. Nationalism, authoritarianism, white supremacy, xenophobia, anti-queer, and anti-transness have been on stark display throughout the election campaign,” they wrote. “Such narratives risk eroding years of progress and scapegoat marginalized communities. Resulting policies could deny gender recognition, defund LGBTIQ-supportive programs internationally, and be a threat to international cooperation and multilateralism.”
Sjödin added “moments like this also reveal the strength of our global solidarity.”
“The spirit of connection that fuels our shared movements is needed now more than ever,” they said. “From Argentina to Poland, Uganda to Ukraine, LGBTIQ communities are rising to this challenge. Together, we can and must resist discriminatory forces and protect and continue to advance the progress made. This isn’t just about policies — it’s about our lives and those of our global community.”
Mali
Mali on the verge of criminalizing homosexuality
Country’s Traditional National Council has drafted a new penal code
Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.
Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.
“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values are violated by people from elsewhere.”
Nginda Nganga, an African LGBTQ+ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.
“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”
Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.
“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.
Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.
Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ+ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ+ community, even though President Assimi Goïta has not approved them.
The LGBTQ+ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.
Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.
People in some regions who are found to be part of the LGBTQ+ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ+ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ+ rights.
The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ+ advocacy in the country remain unclear.
Arrests of LGBTQ+ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ+ or activists.
Goïta, for his part, has yet to explicitly make any public comment on LGBTQ+-specific issues. He has, however, often spoke about his support for Islamic and African values.
Politics
Trump wins presidency
Easily claims victory in key battleground states, smashing ‘Blue Wall’
Former President Donald Trump is set to become president-elect Donald Trump after winning Wisconsin Wednesday morning, clinching 277 of the 270 necessary electoral votes.
He will return to the White House with a Republican Senate, though control of the U.S. House of Representatives remains in limbo with many key contests too close to call.
Vice President Kamala Harris cancelled a planned appearance at her campaign’s watch party at Howard University, her alma mater, on Tuesday. As of Wednesday morning at 7 a.m., she had not yet conceded the race.
Trump pulled ahead Tuesday night with a major victory in the swing state of North Carolina and a projected win in Georgia that was later made official.
He then picked up other major battleground state wins in Pennsylvania and Wisconsin.
Reaction to the news of Trump’s win is trickling in slowly. LPAC, the nation’s only organization dedicated to advancing the political representation of LGBTQ women and nonbinary candidates, responded.
“A victory for Trump and his racist, fascist and misogynist platform is not a victory for America,” said Janelle Perez, executive director of LPAC. “Today, we mourn not only the loss of a true leader, but also the dream that Kamala Harris might be the first woman, the first woman of color, and the first South Asian person to serve as president of the United States. This is a profound loss for the country we believe in—a place where every one of us, regardless of who we are, is treated fairly and our fundamental rights are upheld.”
AIDS United expressed concern about the fight against HIV as a new Republican administration prepares to take over.
“Now, more than ever, we must act with urgency to ensure that President-Elect Donald Trump and Vice-President Elect JD Vance understand that critical services and resources that people living with HIV depend on are not to be compromised,” said Jesse Milan, Jr., president and CEO of AIDS United.
The Human Rights Campaign released a statement Wednesday morning by its president, Kelley Robinson:
“Like millions of other Americans, we’re heartbroken by the results of the presidential election, as well as the loss of other pro-equality champions across the country. We know our community is feeling scared, angry, and worried about what’s next for them and their families. We see you – there’s no question that we will face more challenges in the years to come in as part of our fight for full LGBTQ+ equality. But our ancestors taught us that resilience is our superpower. Make no mistake — we are not backing down. And we are going to continue to show up for each other and for the march toward progress — no matter what.
“Despite these disappointing results, we see undeniable proof of hope for the future. Sarah McBride, a trail-blazing champion for Delawareans, will be sworn in this January as the first ever openly transgender member of Congress. Julie Johnson, a dedicated fighter for civil rights and longtime HRC champion, will be the first ever LGBTQ+ member of Congress from the South. Emily Randall is poised to become the first Latina lesbian elected to Congress, and while many races are yet to be called, Senator Tammy Baldwin is on her way to returning to Washington alongside many other LGBTQ+ champions. Marriage equality amendments prevailed with overwhelming support in California and Colorado. And across the country, voters continued to pass ballot referendums protecting access to abortion in the face of an onslaught of misleading transphobic attacks–just the latest example that attacks on the trans community are political losers.
“For more than 40 years, HRC has been on the front lines of the fight for LGBTQ+ equality — one of the most powerful movements this country has ever seen. From Stonewall to the AIDS crisis to attacks against transgender Americans and our unwavering fight for marriage equality at the Supreme Court, the LGBTQ+ community has always persevered and defied the odds to make progress that once seemed unimaginable.
“The path ahead will be challenging, but we are prepared. We will use every tool at our disposal–from advocacy to education to litigation to campaigns–to protect our communities and advance progress where we can. We will build power by building each other up, with a dedication to forging a better path for our future. To every LGBTQ+ person feeling scared, I see you. I feel you. And I need you to hear this: You are not alone. You are loved. You are worthy. And you have an entire community standing with you, today and every day.”
Lambda Legal President Kevin Jennings released a statement:
“We won’t sugarcoat this – last night’s election results were incredibly detrimental to the cause of equality. There is no doubt that many of us feel scared, angry, and perhaps demoralized. And we are not naïve: we are entering a seriously dangerous period confronted by a new administration and at least one house of Congress that have made their hostility to our community crystal clear.
“Lambda Legal has been strategizing and planning for this possibility, and we will expend every energy to hold the line. We all know we have tough battles ahead. But we’ve overcome difficult odds repeatedly before and have won landmark victories throughout Lambda Legal’s fifty-year history. Lambda Legal successfully blocked multiple attacks by the first Trump administration, and we are ready to oppose any anti-LGBTQ+ actions this new administration takes.”
GLAAD President and CEO Sarah Kate Ellis issued a statement:
“The LGBTQ community has been here before, as have all other marginalized communities, and the pain is real today. But as we saw from the Lavender Scare to the Stonewall riots, from the HIV epidemic to the defeat and victory for marriage, every breakdown can lead to a breakthrough. We must see this moment of crisis as another catalyst for change.
“Our community knows how to take care of each other, and how to push our country and world forward. The mission remains: Hold leaders accountable to We, the People. Empower each person to use their voice for progress with kindness. Correct the record. Shape culture. Change hearts and minds. Rise up for intersectional issues including racial justice, abortion and immigration. GLAAD was founded nearly forty years ago with the knowledge that LGBTQ people and our stories would create a better world. Our work has renewed importance and urgency. LGBTQ people belong and are essential to the promise of America as a beacon of equality and acceptance.”
PFLAG National President Brian Bond released a statement:
“Today, PFLAG’s hundreds of thousands of members and supporters across the country have witnessed a devastating result for people whose loved ones have been targeted for harm by policies, disenfranchisement and worse.
“Yet, just as the LGBTQ+ people, families and allies of PFLAG have always joined the march for freedom, we are united in this fight to protect and respect every member of our community.
“Despite the many setbacks and disappointments this election represents for our community, there are many historic victories for LGBTQ+ people, families and allies to celebrate. Sarah McBride will be sworn in as the first openly transgender Member of Congress, representing Delaware. With the elections of Angela Alsobrooks and Lisa Blunt Rochester to the Senate, that body has more black women members serving together than at any other time in history. Plus, California, Colorado, and Hawaii have enshrined marriage equality for same-sex couples in their state constitutions, and eight states, including Nebraska and my home state of Missouri, have ensured access to abortion.
“Our LGBTQ+ loved ones and families are scared right now. But make no mistake, PFLAG is not backing down from this fight. For over five decades, PFLAG has been leading with love to overcome dark efforts. We are uniquely able to meet this moment, to soften hearts, to change minds, and to support our community.
“PFLAG will continue to show up for our LGBTQ+ loved ones, from the state house to the courthouse, the schoolhouse steps to the steps of the U.S. Capitol and Supreme Court. We’ve got this. We’ve got us.”
The Congressional Equality Caucus posted a statement on X: “Our fight for equality is a story of victories, setbacks, and our determination to keep moving forward. We will face this next challenge together, united in the belief that, in the long term, equality will win out & love will trump hate. We’ll never stop fighting for equality.”
National Women’s Law Center Action Fund President Fatima Goss Graves released a statement:
“This is the outcome that we feared and fought tirelessly to prevent. While it’s a dark day for our democracy, let’s remember that Donald Trump is not a king. He is not a dictator. He is one branch of our democratic government, and he and his administration can be kept in check so long as the people, our institutions, and those who hold power refuse to bow to his authoritarian tendencies.
“Millions of people in this country voted for a different future, one that protects reproductive freedom, expands affordable caregiving, and ensures our schools are safe and inclusive. These issues are core to people’s lives and the majority of people support measures that advance gender justice – you see that in the ballot measures that passed for child care and abortion access, you see that in the polling that shows overwhelming support for reproductive freedom, action on caregiving, and ensuring billionaires pay their fair share. Vice President Harris knew this, and she ran her remarkable and historic campaign in service of a safer, more equal, more free, and more just future for everyone in this country.
“Armed with insights from the Project 2025 agenda, we are prepared. We’ve navigated the challenges of a Trump administration before, and together, we will rise to face this one. The next four years will undoubtedly be difficult, but our staff remains steadfast in its determination to ensure that all women and girls have the opportunity to thrive, regardless of who holds the White House.”
The HIV + Hepatitis Policy Institute released a statement by its president, Carl Schmid:
“The American people have spoken and elected Donald Trump and JD Vance as our next president and vice president. The HIV+Hepatitis Policy Institute will work with the new administration on furthering efforts to end HIV and hepatitis in the United States. With proper leadership, policies, and funding, we can end both these infectious diseases.
“In his 2019 State of the Union address, Trump announced that we would ‘eliminate the HIV epidemic in the United States within 10 years.’ This led to the historic Ending the HIV Epidemic initiative that increases HIV testing, treatment and prevention programs, including scaling up PrEP, which are drugs that prevent HIV.
“At the same time, his administration proposed cuts to other HIV and health programs and proposed to dismantle the Affordable Care Act, including its non-discrimination protections.
“Ending HIV and hepatitis cannot happen without a comprehensive healthcare system that includes robust private insurance, Medicaid and Medicare programs, upholding non-discrimination protections, and combating stigma and disparities. Healthcare access and affordability, particularly for prescription drugs, are critically important. We will continue to fight to ensure all payers provide the drugs people need at a price they can afford. Of immediate concern for the new administration will be ensuring that copay assistance patients receive to afford their drugs will count towards their out-of-pocket cost obligations.
“We look forward to working with President-elect Trump on ensuring that the Ending the HIV Epidemic initiative is fully funded and expanded in order to fulfill the goal of ending HIV in the United States. In recent years, House Republicans have proposed to eliminate funding for the program.
“There will be many policy and funding decisions that the Trump-Vance administration must make and work with the new Congress to pass. We realize that we live in a divided country and not everyone shares the same priorities and views. However, no matter one’s views, these decisions must be based on science so that we can continue to advance the interests of people living with or at risk of HIV and hepatitis and others who live with serious and chronic health conditions.”
Rodney Croome, founder of Australian Marriage Equality, in an X post echoed the concerns of activists in the U.S.
“Australia’s LGBTIQA+ community will suffer from increased hate and from local politicians imitating Trump,” said Croome. “But the response to authoritarianism is not to retreat. It is to empower more voices, have higher expectations, create a more democratic movement and defend each other.”
News
California Constitution to recognize same-sex and interracial marriage as fundamental right
Proposition 3 passes with an overwhelming majority
Proposition 3 passes with an overwhelming vote on Tuesday night, enshrining the right to marry into the California Constitution once and for all.
This win for LGBTQ+ and BIPOC communities in California, comes after a night of tight races in battleground states across the nation that overwhelmingly favored Republican candidate Donald Trump.
“With the current makeup of the Supreme Court, there is no guarantee that the precedent set by Obergefell almost ten years ago will hold,” said Equality California’s Executive Director Tony Houang. “If the Supreme Court can overturn almost fifty years of precedent—as they did with Roe v. Wade—we cannot assume it will uphold a decision protecting marriage equality for same-sex couples not even a decade old.”
Proposition 3 will now amend the California Constitution to recognize the fundamental right to marry, regardless of gender or ethnicity.
Previously, Prop 8 was passed in 2008 and a new section that states that only marriages between a man and a woman would be recognized in the state, was added to the California Constitution.
The day after the election, three lawsuits were filed against the decision and the Supreme Court decided to hear the cases, ultimately ruling that the proposition was unconstitutional.
Though it was struck down in 2013, the language remained on the California Constitution that only names men and women as valid partners in a marriage—until now.
Votes are still being counted for the presidential election, though the Senate will now be Republican-led.
Proposition 36 also passed with an overwhelming majority, now allowing felony charges for petty crime including theft and drug possession.
California Politics
2024 Election: A short guide to California propositions
Prop 3 would ensure marriage equality in state constitution
The 2024 Election is upon us and this means that it is time to vote — if you haven’t already.
For some, voting might be confusing or daunting. For others, it might be your first time voting, whether you are now old enough to vote, recently became a citizen or were previously incarcerated and can now vote in California.
The election produces a lot of anxiety for Americans because there are a lot of issues to be determined. A poll by the American Psychological Association suggests that the future of the nation, economy, and presidential election, top U.S. stressors.
The poll also suggests that the biggest concerns are the end of Democracy and political violence.
A Stress in America 2024 report by the APA, points out that 77 percent rate the future of our nation as a significant source of stress, 69 percent cite the presidential election and 73 percent cite the economy, as a significant source of stress.
For people in the LGBTQ+, QTBIPOC, low-income, and otherwise marginalized communities in California, there are a few key issues that are at stake.
We have summarized the propositions on the California ballot.
California propositions
Proposition 2 would authorize $10 billion in bonds for upgrade, repair and construction on K-12 educational facilities, community colleges, charter school and career technical education programs. The bonds would cost California $500 million annually and have to be repaid with interest over the next 35 years.
Proposition 3 is the Constitutional Right to Marriage ballot initiative that if approved, would guarantee that same-sex and interracial marriages will continue to be valid and recognized by the California Constitution, which currently only recognizes heterosexual marriages.
This proposition would guarantee that if same-sex and interracial marriage were to be challenged on the federal level by the Supreme Court, there would be protections on the state level.
Proposition 4 would authorize bonds for safe drinking water, wildfire prevention and protecting communities from natural disasters and other climate risks. A yes vote would approve the state of California to borrow $10 billion to fund activities aimed at conserving natural resources. The bonds would have to be repaid over the next 40 years, at $400 million annually.
Proposition 5 would allow certain local bonds and related property taxes to be approved with a 55 percent vote of the local electorate, rather than the current two-thirds majority vote requirement. The bonds would have to fund local affordable housing, supportive housing and public infrastructure.
Proposition 6 would amend the California Constitution to remove current provisions that allows jails and prisons to impose involuntary servitude to punish crime. State prisons would not be allowed to punish anyone who refuses to work.
Proposition 32 would raise the minimum wage to $17 per hour for employers with more than 26 employees effective immediately and then to $18 as of Jan 1, 2025, and for employers with 25 or fewer employees, to $17 effective on Jan 1, 2025, and $18 as of Jan 1, 2026.
Proposition 33 would repeal the Costa-Hawkins Rental Housing Act of 1995, which currently places limits on local governments from enacting rent control laws. A yes vote would mean that the state would not limit the kinds of rent control laws cities and counties could or could not have. A no vote would mean the state would continue to limit the kinds of rent control laws cities and counties could have.
Proposition 34 would restrict spending of prescription drug revenued by certain health care providers by requiring providers to spend 98 percent of revenues from federal discount prescription drug programs on direct patient care. Increased state costs would likely total millions annually to enforce the new rules on health care entities.
Proposition 35 would provide funding for Medi-Cal health care services by making an existing tax on managed health care insurance plans permanent. New rules would direct how the state must use revenue.
Proposition 36 would allow felony charges for possessing certain drug types and for thefts under $950, if the defendant has two prior drug or theft convictions. This means that if approved, punishment for drug and theft crimes would increase such as longer prison sentences.
Arts & Entertainment
GuadaLAjara Film Festival honors Nava Mau at opening night
Emmy-nominated trans, Latina, actress receives Árbol de LA Vida Trailblazer Award
Emmy-nominated actress Nava Mau, was this year’s honoree at GuadaLAjara Film Festival, receiving the Árbol De LA Vida Humanitarian Lifetime Achievement Award during the opening night at Downtown Los Angeles’ Million Dollar Theatre.
“I think right now, I’m sitting in what it means to be a trans Latina and have the support of my community–beginning, middle and end,” said Mau in an interview with Los Angeles Blade on the carpet at Guadalajara Film Festival. “There is nothing else like that.”
Mau is an Emmy-nominated actress known for her groundbreaking performance on the 2024 UK Netflix hit-series, Baby Reindeer.
Bamby Salcedo, the CEO and co-founder of the TransLatin@ Coalition, presented the award to Mau at the Opening Night Awards Ceremony. Salcedo has been a previous Trailblazer Award recipient and is now passing on the torch to Mau, another trailblazing, trans, Latina.
“Yeah, I think that it’s surreal, because I met her when I was 21 and I was so young and really feeling the weight of the road on my shoulders, and she is somebody who I saw as a beacon of light. I saw her as someone who is self-actualized and as someone who unites people every single day,” said Mau.
Mau says that she is always in awe of Salcedo and feels that it is humbling to even be considered worthy of receiving the award from her.
“I am just incredibly honored and grateful that I get to be here in this festival to present Nava Mau with the El Árbol de LA Vida Trailblazer Award, which I have been a recipient of in previous years,” said Salcedo.
Salcedo was the recipient of the award in 2022 and is now passing the torch to Mau. Salcedo has known Mau since she was very young and takes pride in having seen her grow and blossom into the person she is today. She sees this moment as a full-circle moment in her life and in her career as a trailblazing activist.
“I’ve seen her grow and I’m seeing her talent blossoming in the industry,” said Salcedo. “And that is just so beautiful and I am just so grateful and honored that I get to do that.”
Both trailblazing, trans, Latinas have used their struggles and lived experiences as an opportunity to unite their communities and ignite change.
“I want to say to all the beautiful people who are listening–particularly young transgender, gender nonconforming, intersex and queer people–to shine their light and walk their path as they are supposed to,” said Salcedo. “And I want them to know that they are not alone. There are organizations like the Trans Latin@ Coalition and other organizations that are doing critical work so you can have a better life and for you to understand that you do have a place in our society.”
Salcedo urges queer and trans youth to take up the space they are entitled to and to know that there are people like her and Mau, that will not back down from paving the paths that still have yet to be paved.
GuadaLAjara Film Festival took place this year on Nov 1 through Nov 3, at multiple venues across the city. The opening night for the festival took place at the historic Million Dollar Theatre in Downtown Los Angeles.
Diane Guerrero was also honored at the opening night. She is known for her roles in Disney’s Encanto, Netflix’s Orange is the New Black and Jane the Virgin.
The opening night of the film festival also featured a screening of Sujo, Mexico’s official entry for the 2025 Oscars.
World
Out in the World: LGBTQ+ news from Asia, Canada, and Europe
Tokyo High Court Japan’s same-sex marriage ban is unconstitutional
JAPAN
The Tokyo High Court ruled that the country’s ban on same-sex marriage is unconstitutional, upholding a lower court ruling. This is the second High Court ruling favoring same-sex marriage after the Sapporo High Court came to a similar conclusion earlier this year, and more High Court rulings are expected over the next few months.
The court found that laws restricting marriage to opposite-sex couples “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,” according to the ruling.
The rulings don’t immediately create a right to same-sex marriage in Japan, but they add pressure on the government to address the unconstitutionality. These cases will likely find their way to the Supreme Court next year.
Same-sex marriage is not currently legal anywhere in Japan, and the government has long asserted that Section 24 of the post-war constitution rules out same-sex marriage. Section 24 states “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”
However, equal marriage supporters point out that Section 24 was not intended to deal with same-sex marriage, but rather to assert the right of individuals to marry the person of their choice, rather than traditional arranged marriages.
A series of recent court victories have gradually opened up recognition of equal rights for same-sex couples in Japan. Five lower courts have found that the ban on same-sex marriage violates the constitution, while only one lower court has upheld the ban as constitutional.
Earlier this year, the Supreme Court found that same-sex couples are entitled to survivors’ benefits for victims of crime.
Additionally, 450 municipalities and 30 of Japan’s 47 prefectures have instituted partnership registries for same-sex couples. Although these registries have little legal force, they have helped couples access local services and demonstrate growing recognition of same-sex couples’ rights.
This week’s High Court ruling comes at a time of flux in Japanese politics. During last week’s parliamentary election, the ruling Liberal Democratic Party lost its governing majority, while the opposition Constitutional Democratic Party, which supports same-sex marriage, made huge gains.
Anglo Nippon Politics reports that a very narrow majority of newly elected legislators have expressed support for same-sex marriage, but that the dynamics of the new parliament may make it difficult for the LDP, which hopes to hold onto power with support for smaller conservative parties, to advance controversial issues.
CANADA
The Alberta government under United Conservative Party Premier Danielle Smith introduced four pieces of anti-LGBTQ+ and anti-transgender legislation last week, prompting protests in the capital Edmonton and in the province’s largest city Calgary.
Smith had initially announced the legislation in February, amid a general hysteria about transgender youth and school inclusion policies that had swept through conservative parties across Canada.
The four bills ban gender care for trans youth, require parental notification and consent if a trans student wishes to use a different name or pronoun in school, bars trans women from competing in sports in schools and colleges, and requires parental notification and “opt-in” if sexual orientation, gender identity, or human sexuality will be discussed in classrooms.
Opponents criticized Smith for the legislation, which critics said was timed to help Smith in a leadership review held this weekend. Smith’s leadership was upheld with more than 91 percent of the vote at the UCP convention in Red Deer on Saturday.
More than 1,000 people showed up at Calgary City Hall to demonstrate against the bills on Saturday, as well as against the UCP’s priorities for Alberta, while hundreds more turned up in front of the provincial legislature in Edmonton.
Rowan Morris, an organizer with Trans Rights YEG, told the Edmonton Journal that the bills had galvanized opposition from across the political spectrum, recalling a conversion he had with a conservative supporter.
“[She said], ‘My whole family is here, we’re all conservatives, we will all be conservatives for the rest of our lives, but we recognize that bodily autonomy is a freedom we need to uphold for all Albertans. Whether we agree on how you live your life or not, the government does not have a place in your private medical decisions with your doctor,’” Morris said.
Because of the UCP’s majority in the provincial legislature, there is little chance the bills won’t pass. Voters next go to the polls in Alberta in October 2027.
Voters in Canada have had a chance to weigh in on anti-trans policies this year, and the results have been mixed. In Manitoba and New Brunswick, voters turfed conservative parties from government after they introduced or announced anti-trans policies, while in British Columbia, voters kept the governing New Democrats in office after the opposition Conservatives had announced several similar anti-trans policies.
Last month, voters in Saskatchewan returned its conservative government to power after it introduced a parental notification and consent policy in violation of Canada’s Charter of Rights and pledged to introduce a ban on trans students accessing change rooms and bathrooms in schools if reelected.
GERMANY
The Gender Self-Determination Act came into force on Friday, marking a historic advancement for trans rights in Germany.
Under the new law, anyone will be able to change their legal name and gender by making a simple application at their local registry office.
The new law replaces the Transsexuals Act, which dates from the early 1980s, and required anyone wishing to change their legal gender to get permission from a judge after submitting two psychological assessments.
The law allows name and gender changes for minors. Children under 14 can have the process done by their parents, while those over 14 can do so with parental permission. Youth will also have to submit a declaration that they have sought advice from a psychologist or from a youth welfare specialist.
Also included in the law is a new protection that makes it a criminal offense to out a trans person without their consent.
Gender self-determination is increasingly the norm in Western European countries. Belgium, Luxembourg, France, Spain, Portugal, Malta, Greece, Ireland, Norway, Iceland, and Denmark have all introduced similar legislation in recent years. Additionally, Argentina, Brazil, Chile, Colombia, Costa Rica, Uruguay, India, Pakistan, as well as several provinces and states of Canada, the U.S., and Mexico allow gender self-determination.
SWITZERLAND
The Swiss canton of Vaud became the latest place in Europe to ban so-called conversion therapy, as legislation to ban the discredited practice of attempting to change a person’s sexual orientation or gender identity nationwide has stalled in the federal parliament.
Vaud is the third of Switzerland’s 26 cantons to ban conversion therapy, following Neuchatel last December and Valais earlier this year. Vaud is Switzerland’s third-largest canton, home to more than 800,000 people.
In 2022, the lower house of the Swiss parliament passed a motion calling on the government to introduce a conversion therapy ban, but the motion was rejected by the upper house earlier this year. Legislators at the time said they wanted to wait for more information from the Federal Council, which was due to report on conversion therapy over the summer.
In the meantime, several other Swiss cantons have begun debating local bans on conversion therapy, including Geneva, Bern, and Zurich.
Doctors and therapists are already prohibited from practicing conversion therapy in Switzerland by their professional associations, but much conversion therapy is carried out by unlicensed individuals.
Conversion therapy has already been banned across much of Western Europe, including France, Germany, Norway, Belgium, Spain, Portugal, Malta, Greece, Cyprus, and Iceland. It has also been banned in Mexico, Ecuador, New Zealand, Canada, Taiwan, and in many U.S. and Australian states.
Kenya
Kenyan court awards two gay men $31K
Couple subjected to genital examination, given HIV tests after ‘unnatural sex’ arrest
A Kenyan court has awarded two gay men charged with “unnatural sex” for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.
This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the men’s rights in obtaining evidence.
During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.
Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offense.
In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutors’ unlawful extraction of evidence.
The Center for Minority Rights and Strategic Litigation, a local LGBTQ+ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.
In the petition, CMRSL cited infringement on the gay men’s right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.
“This provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,” CMRSL Legal Manager Michael Kioko told the Washington Blade.
The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizations’ petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.
CMRSL termed the latest ruling “a crucial step toward dignity and human rights for all” while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya.
The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenya’s National Gay and Lesbian Human Rights Commission brought the case.
The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.
NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights.
The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ+ rights in the country.
The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.
CMRSL represented the trans women.
The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations.
“They (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,” Kioko said. “On average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.”
CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled “I Am Samuel” on the pretext it contained gay scenes that violate Kenyan law.
The Kenya Films Classification Board in 2018 also banned the “Rafiki” because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.
Los Angeles
Los Angeles opens nation’s first transgender vote center
Activists, local officials attended opening
In a landmark development for electoral accessibility, Los Angeles County has opened the doors to the nation’s first general election Vote Center located within a transgender establishment. The Connie Norman Transgender Empowerment Center officially launched its voting facilities today, inviting the local trans community and all registered voters in Los Angeles County to participate in the democratic process.
The Vote Center at CONOTEC will operate for early voting from Nov. 2 – Nov. 5 from 8 a.m. to 8 p.m. Registered voters in Los Angeles County can cast their ballot at CONOTEC, regardless of their residential address. This initiative not only creates a safe and affirming space for marginalized voters but also aims to foster broader community engagement.
During the grand opening, Los Angles County Registrar Dean Logan and West Hollywood Mayor John Erickson, celebrated this significant moment.
Logan said, “The county and everyone in my office know that we need to make voting as accessible and welcoming as possible in every corner of the county. The CONOTEC leadership has done a great job preparing this Vote Center, and we thank them for opening their space to their community and all of the LA County residents who chose to vote here.”
Queen Victoria Ortega (at podium), president of FLUX International, addressed the need for more action.
“We are tired of everyone discussing our safety while doing nothing about it. Now, we are taking matters into our own hands,” Ortega said. “We, the trans community, have created a safe space for the most marginalized to vote, and when you do that, you create a safe place for all. We are honored and duty-bound to be the first presidential election Vote Center in America at a transgender establishment.”
Queen Chela Demuir, executive director of the Unique Women’s Coalition, emphasized the historical legacy of trans rights activists.
“In the spirit of Marsha P. Johnson and Sylvia Rivera, we honor our transcestors and carry their legacy forward,” she said. “This voting center stands as a safe and welcoming space for our trans siblings, while also embracing all allies and residents of Los Angeles County. It’s a space where everyone’s voice matters, uplifting and empowering our community.”
Bamby Salcedo, founder and CEO of the TransLatin@ Coalition. (Photo by Troy Masters)
Bamby Salcedo, founder and CEO of the TransLatin@ Coalition, expressed her support for the initiative, stating, “My sisters at CONOTEC have done a great service to our community by securing this Vote Center. We all look forward to casting our vote in our community and appreciate the support as we work towards equality for all.”
Michael Weinstein, president and CEO of AIDS Healthcare Foundation, the world’s largest and most influential AIDS Service organization, pointed out that around the world voting is a perilous adventure for LGB and particularly trans people. “AIDS Healthcare Foundation is in 47 countries around the world and in so many of those countries, the right to vote does not exist,” he said. “It turns my stomach to see on TV political ads targeting the trans community.” hightlighting the need for safe voting spaces like the CONOTEC.
Kelley Robinson, president of the Human Rights Campaign, praised CONOTEC’s efforts to empower LGBTQ+ voters. “With our vote, each of us has the chance to write the next chapter of this nation’s story. And the nation’s story is incomplete without each one of us. When we show up, equality wins,” Robinson remarked, emphasizing the importance of collective civic participation.
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