Category: LGBTQIA

Maryland becomes 5th state to decriminalize HIV

*This is reported by LGBTQ Nation

Maryland Gov. Wes Moore (D) signed legislation on Tuesday that decriminalizes HIV. The Carlton R. Smith Act – named for a local HIV activist who died last year – eliminates criminal penalties based on one’s HIV status. Maryland is the 5th state to decriminalize HIV, with North Dakota making the move just last month.

Until now, it was a misdemeanor in Maryland to “knowingly transfer or attempt to transfer” HIV to someone else. The law did not require intent to transmit, actual transmission, or conduct that would transmit the virus. Penalties included up to three years incarceration and a fine of up to $2,500.

Laws like this can deter people from being tested and treated for HIV. In addition, Maryland’s law has been disproportionately used to target Black people.

The Williams Institute found that from 2000 to 2020, Black people accounted for 82% of HIV-related criminal cases in the state, despite only making up 30% of the population and 71% of the people living with HIV. The study also found that Black men make up 68% of people accused in HIV-related criminal cases, despite being 14% of the state’s population and 44% of the population living with HIV.

When the study was released, Williams Institute HIV Criminalization Project Director Nathan Cisneros explained that the law was put in place “at the height of the AIDS crisis before we had effective treatments for HIV.”

“We now have medical treatments that wholly eliminate the risk of transmitting HIV through sex,” Cisneros explained, “yet these advances are not reflected in Maryland law despite several reform attempts in recent years.”

In a statement, Phillip Westry, director of the state LGBTQ+ organization FreeState Justice, celebrated the passage of the Carlton R. Smith Act, calling it “a testament to the power of education, research, and courageous leadership.”

“It sends a clear message,” Westry continued, “Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”

0

Paris unveils memorial to gay Holocaust victims

*This is reported by LGBTQ Nation.

A memorial to the gay people who were sent to concentration camps during the Third Reich was unveiled in Paris this weekend.

The monument is a giant steel star created by artist Jean-Luc Verna and is located near Place de la Bastille in a park. The monument recognizes the estimated 5000 to 15,000 people sent to concentration camps during World War II for homosexuality.

“Recognition means saying ‘This happened’ and saying ‘We don’t want this to happen again,’” Paris Mayor Anne Hidalgo said at the inauguration ceremony. She said that there is still an “obligation to fight against denial and mitigation” and that there “are, today, extremely dangerous, strong, opposing winds that would like to deny the diversity of the victims.”

The memorial is “a big thing so that it’s seen, so that it’s finally seen,” artist Verna told the French LGBTQ+ magazine TETU, describing the symbolism of the memorial. “The black side of the star is the bodies that were burned, it’s grief, it’s also a shadow that tells us that these things can happen again. The other side, the mirror, is the present, with colors from the weather and the sky of Paris that change as fast as public opinion can turn backwards.”

The memorial was unveiled on May 17, the International Day Against Homophobia, Biphobia, and Transphobia (IDAHOBIT), and comes after France started recognizing in recent decades that gay people were also victims of the Holocaust.

According to TETU, for years after World War II, people didn’t discuss the pink triangles that were used to designate people put in concentration camps due to their sexuality, until the 1990s when testimony from Pierre Seel was published. Seel was sent to the Schirmeck Concentration Camp in Alsace in 1941 after the Third Reich took over that part of France. In 2010, a memorial plaque was installed in Seel’s hometown of Mulhouse in “memory of Pierre Seel and other anonymous Mulhousiens arrested and sent to concentration camps due to homosexuality.”

“We are here to remember that the Nazis wanted to eliminate the most weak, the most fragile, the people suffering from handicap whose existence was considered an affront to their concept of man and society,” former French President Jacques Chiarc said in 2005. “In Germany, as well as in our territory, those who were different, I’m thinking about the homosexuals, were hunted down, arrested, and sent to concentration camps.”

Today, historians estimate that there were anywhere between 60 and 200 people sent to concentration camps due to their sexuality from France.

There are also monuments to the gay victims of the Holocaust in Amsterdam, Barcelona, Tel Aviv, and Sydney, all in the shape of a pink triangle, the symbol that the Nazis had sewn to the people held in concentration camps for homosexuality.

0

Lesbian teen brutally beaten at Illinois McDonald’s

*This is reported by NBC News

Two teenagers, one a juvenile, brutally beat a 19-year-old woman inside a suburban McDonald’s after making derogatory comments about her sexual orientation, according to local police.

The May 13 incident occurred at the fast food chain’s location in Carpentersville, Illinois, about 40 miles from Chicago, with officers responding to a report of a fight in progress, according to news release from the Carpentersville Police Department.

The victim, who was later identified as Kady Grass, sustained severe injuries and was transported to a local hospital, where she was treated and has since been released.

Following an investigation, the Kane County State’s Attorney’s Office approved multiple felony charges against the suspects, according to police. John Kammrad, 19, was charged with aggravated battery, great bodily harm, aggravated battery in a public place, mob action and more. Kammrad was taken into custody on Saturday, while the juvenile suspect turned himself in on Friday.

Photos posted to a GoFundMe account for Grass show the extent of her injuries, which span her face and her legs. In an interview with NBC Chicago, Grass said the attack happened while she was in town to see her 13-year-old cousin’s choir concert.

“One hit me in the jaw and one was hitting me in the front, and then I didn’t realize that I was getting hit behind until a little bit later, like it took me a while to realize,” Grass said. “I was unconscious when they were stomping on my head, so I don’t remember that part, but my 13-year-old cousin does.”

Carpentersville Police Deputy Chief Kevin Stankowitz said the incident “underscores the importance of addressing violence and discrimination” within the community, according to the news release.

In an email to NBC Chicago, Stankowitz said the department collaborated with the Kane County State’s Attorney’s Office on whether or not to file hate crime charges. After a review of the case, Stankowitz said, the office declined to file them.

0

Trump Judge Rules It’s OK to Discriminate Against LGBTQ People

*This is reported by New Republic Opinion via Yahoo News.

A MAGA judge in Texas has issued a sweeping ruling that destroys workplace discrimination protections for LGBTQ+ people in the United States. 

Judge Matthew Kacsmaryk, who holds a reputation for being a far-right activist judge, declared that while Title VII of the Civil Rights Act does not protect LGBTQ people from workplace harassment based on their sexual or gender orientation. The case was brought forth by the Heritage Foundation, a far-right, culturally conservative organization that heavily influenced the writings and goals of Project 2025.  

Kacsmaryk, a Trump appointee, specifically targeted transgender people in his ruling, stating that they had to simply deal with any kind of discriminatory treatment in their workplace. He deduced that “a male employee must use male facilities like other males,” an assertion that completely invalidates transgender identity in its entirety rather than actually acknowledging the issues they face at work. Kacsmaryk even went so far as to order federal employment policy to remove“all language defining ‘sex’ in Title VII to include ‘sexual orientation’ and ‘gender identity.”. 

This all directly contradicts the Supreme Court’s 2020 Bostock v. Clayton County ruling, which stated plainly that Title VII protects LGBTQ workers from identity-based firing and harassment. 

Kacsmaryk is not new to this. He has been referred to as the “go-to jurist” for right wingers looking for judicial validation for cruel, oppressive, and deeply culturally conservative policy. He attacked LGBTQ protections in the Affordable Care Act, suspended FDA approval of the live-saving abortion pill mifepristone, and tried (and failed) to make Planned Parenthood pay $2 billion to Texas and Louisiana on the grounds that they were “defrauding” Medicaid. This is yet another coordinated attack from the right intended to erode hard fought social justice victories.

0

Ohio Republicans introduce ‘Natural Family Month’ bill, excluding LGBTQ families

*This is reported by NBC News

More than two dozen Ohio lawmakers are supporting a bill that would designate the weeks between Mother’s Day and Father’s Day “Natural Family Month.”

Though the bill, introduced by Republican state Reps. Josh Williams and Beth Lear, doesn’t define “natural family” in its text, critics say it is intended to exclude LGBTQ families and promote marriage and childrearing between heterosexual, monogamous couples only.

When asked whether “Natural Family Month” will also recognize gay couples and parents with adopted children, Williams said in an emailed statement to NBC News that “the purpose of the month is to promote natural families—meaning a man, a woman, and their children—as a way to encourage higher birth rates.” 

He added, “This is not about discriminating against other family structures, but about supporting the one most directly tied to the creation and raising of children.”

Lear did not return a request for comment. 

After introducing the bill earlier this week, Williams and Lear said in joint statements that the initiative is intended to promote child rearing. 

“At a time when marriage is trending downward and young couples are often choosing to remain childless, it’s important for the State of Ohio to make a statement that marriage and families are the cornerstone of civil society, and absolutely imperative if we want to maintain a healthy and stable Republic,” Lear said. 

As of Friday, the bill had 26 additional Republican co-sponsors.

Dwayne Steward, the director of statewide LGBTQ advocacy group Equality Ohio, told a local queer news site that the bill is both bad policy and a “calculated act of strategic erasure.” 

“It not only invalidates the existence of single parents and countless other caregivers, but it takes direct aim at LGBTQ+ families across our state,” Steward told the Buckeye Flame. “The so-called ‘Natural Family Foundation,’ the group pushing this legislation, has made their ideology clear: if you’re not a heterosexual, monogamous couple with children, you don’t count as a family at all.” 

Steward, who did not immediately return NBC News’ request for comment, added, “As an adoptive parent, myself, I feel this erasure personally. This bill is not just offensive; it’s dangerous.”

Several local news websites, including the Buckeye Flame, reported that the Natural Family Foundation, a conservative advocacy group that is against same-sex marriage and promotes families with a “clear male leader,” was involved in lobbying for the bill. The foundation did not immediately return a request for comment. 

Last year, Ohio considered eight bills targeting LGBTQ people, according to a tally by the American Civil Liberties Union. Two of those — a provision that requires school personnel to notify parents of “any request by a student to identify as a gender that does not align with the student’s” birth sex, and a measure that prohibits certain transition-related medical care for minors — became law.

0

Military ordered to identify troops with “symptoms consistent with gender dysphoria” to kick out

*This is reported by LGBTQ Nation.

The military has been ordered to identify troops who either have or may have gender dysphoria, the psychological term for the distress caused by one’s gender identity and sex assigned at birth not being the same. The goal is to get started on forcing transgender people out of the military ahead of the June 6 date set by Defense Secretary Pete Hegseth to start the purge.

Earlier this month, the Supreme Court ruled that the administration could start forcing transgender people out of the military, while several legal challenges to the trans military ban are being heard by lower courts. Hegseth then said that transgender service members would have until June 6 (or July 7 for those in the reserves) to voluntarily leave the military and have a chance to keep some of the benefits they accrued in their time in the armed services.

Orders issued yesterday, Advocate reports, will have each branch of the military start identifying transgender people to kick out after June 6. It tells each branch to identify people who have a diagnosis of gender dysphoria or “symptoms consistent with gender dysphoria” and review their medical records.

“Commanders who are aware of service members in their units with gender dysphoria, a history of gender dysphoria, or symptoms consistent with gender dysphoria will direct individualized medical record reviews,” the directive says. It also reaffirms that gender-affirming care is banned for transgender active-duty members of the military.

Stars and Stripes reports that an unnamed senior Defense Department official explained that commanders can now start medical screenings for servicemembers who don’t identify as transgender but who they suspect may have gender dysphoria.

“[This] is also consistent with what we expect and require of commanders generally, to ensure that their service members are fit and capable for duty — whether it’s under this policy or any other qualification where they may have concern that that service member requires medical intervention or is not able to perform their duties,” they said.

“The implementation requires some steps to ensure that those who go forward in service remain eligible to meet the high standards of the department. The department requires high standards to ensure that the force is ready to fight and win the nation’s wars as called upon.”

On May 8, Hegseth issued a memo saying that transgender servicemembers would have until June 6 to voluntarily start the process of leaving the military and get an honorable discharge, which would make them eligible for voluntary separation pay, as well as some health care and employment assistance benefits.

“There’s no guarantee to access to your pension or severance or an honorable discharge,” said Rae Timberlake of the trans service member organization Sparta Pride. They are one of the estimated 1000 transgender service members choosing to leave the military voluntarily now in order to get some of the benefits they have been earning throughout their career that might not be available if the military forces them out for being transgender after June 6.

“This is not voluntary,” they said. “This is a decision that folks are coming to under duress.”

National Center for Lesbian Rights attorney Shannon Minter told Advocate that the May 15 memo is “disturbing.”

“From the beginning this policy has been implemented in a rushed and chaotic manner that is completely unnecessary and deeply disrespectful to these service members, who deserve at the very least clear information and an orderly process so that they can make informed decisions that will have such a profound effect on their lives and their families,” he said.

“It is also deeply concerning that the separation codes that this guidance indicates will appear on the records of officers who are involuntarily separated will create the false impression that they are some sort of risk to national security. This is grossly untrue and will needlessly limit their civilian employment opportunities.”

The purge stems from an executive order issued in January that said that trans people can’t lead “an honorable, truthful, and disciplined lifestyle and that not using pronouns associated with a person’s sex assigned at birth violates the military’s “high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.” This runs counter to actual studies of transgender people in the military that have found that they can serve without issue.

The executive order led to several lawsuits challenging it, including a lawsuit filed in Washington state brought by seven transgender servicemembers and one trans person who wants to join the military. A federal judge in that case issued a temporary injunction, blocking the Department of Defense from implementing the ban while the court heard the case.

Trump’s Department of Justice (DOJ) appealed the injunction, but the U.S. Court of Appeals for the Ninth Circuit refused to lift it. So, the DOJ appealed to the Supreme Court, which lifted the injunction earlier this month.

Stars and Stripes reports that there are around 4200 service members with a diagnosis of gender dysphoria.

0

UK plummets down European rankings for LGBTQ+ rights – after topping list just a decade ago

*This is reported by Pink News

The Rainbow Map and Index has been published annually since 2009 and ranks all 49 European countries on legal and policy practices for LGBTQ+ people.

The latest rankings, published on Wednesday (14 May), show that the UK had dropped to 22nd, with an overall score of 46 per cent, making it now the second-worst country for LGBTQ+ laws in western Europe and Scandinavia – above only Italy.

The UK was named the best place in Europe for LGBTQ+ rights, with an 86 per cent rating, in 2015. But it has been falling ever since and dropped seven places from last year’s position, mainly because of the recent Supreme Court ruling which deemed that the protected characteristic of “sex” in the 2010 Equality Act was based on “biology” and excluded trans people.

For laws that relate to the recognition of trans people’s gender identity, the UK is now ranked 45th. ILGA-Europe said that the Supreme Court’s verdict constituted a legal block on effective recognition of trans people’s identities. The only other European nations in a similar position are Bulgaria, Georgia, Hungary and Russia.

While Scotland had had introduced the Hate Crime and Public Order (Scotland) Act, which came into effect last year, the legislation only applies to the devolved nation so had only a minimal effect on the UK’s overall score.

Malta tops the new list, with a score of 89 per cent, followed by Belgium (85 per cent), Iceland (84 per cent), Denmark (80 per cent) and Spain (78 per cent).

Other nations above the UK include Finland (70 per cent), Ireland (63 per cent), Austria (54 per cent), Croatia (49 per cent) and Estonia (46 per cent).

‘The UK must do better’

Commenting on the rankings, ILGA-Europe’s executive director, Chaber, said: “The time to push back is now, before the targeted attacks we’re seeing in countries like Hungary, the UK and Georgia become the norm rather than the exception. Political leaders must lead by example and turn their words into action.”

A spokesperson for TGEU, the European transgender rights network, claimed that while the UK was once a “frontrunner on equality”, it now has a Supreme Court, prime minister and equality watchdog “singing from the same hymn sheet as anti-trans campaigners”.

They went on to say: “The UK Supreme Court’s decision, which defined a ‘woman’ for the anti-discrimination law, has severely undermined legal certainty for trans people. Furthermore, it has reinforced privacy risks and exclusion from essential services such as hospital wards, public toilets, changing rooms and refuges, as well as reception centres for asylum seekers.” 

Meanwhile, Equality Network chief executive Rebecca Don Kennedy said: “It is shameful that having been ranked best in Europe for LGBTI+ laws 10 years ago, we have fallen so far. For our treatment of trans people after the Supreme Court ruling, we are now known as one of the worst countries in Europe. The UK must do better.

“Scotland, when analysed separately, has in the past been considered progressive and a beacon of LGBTI+ equality and human rights. That seems to be quickly deteriorating. We ask the Scottish government to act now and do everything they can to improve the lives of LGBTI+ people and to not submit to growing anti-LGBTI+ narratives both globally and right here in Scotland.

And Vic Valentine, the manager of Scottish Trans, said: “That the UK has slipped so far down the rankings for LGBTI+ equality in Europe is an important reminder that we can’t take progress for granted.

“From the outside, the UK is viewed as a cautionary tale of how things can go backwards rather than forwards. But none of this is inevitable.

“Governments and parliaments can – and should be – forced to protect and promote the rights of everyone. Yet politicians across the UK are quietly watching on as last month’s Supreme Court ruling seems to have set back trans people’s rights by two decades. It is very much in their power to put us back on the right path.

‘We call on the UK government to urgently take whatever action is needed to ensure that trans people can live safely and freely, and [to] reverse this decade of decline in the rights of LGBTI+ people.” 

0

Texas House Votes to Repeal Anti Sodomy Ban

The Texas House voted today to repeal the “anti sodomy” law that has been on the books since 1973. HB1738 was the first bill to make it to the House floor for a vote since the law was enacted, and subsequently deemed unconstitutional in 2003 by the Lawrence v Texas ruling of the Supreme Court of the United States.

The bill for was authored by Dallas state representative Venton Jones, a member of the LGBTQ Caucus and long time activist.

The bill repeals Penal Code Section 21.06. Texas Penal Code Section 21.06, also known as “homosexual conduct,” makes it a Class C misdemeanor to engage in deviate sexual intercourse with another individual of the same sex. This means that the law criminalizes sexual activity between people of the same gender. The penalty for a Class C misdemeanor is generally a fine of up to $500. 

The vote was 72 Yeas, 55 Nays, 5 Present Not Voting. The vote remains to be certified.

The bill faces an uphill battle in the Republican controlled Texas Senate. The Texas legislative session ends June 2.

11 other states still have some form of sodomy law on the books.

0

Trump admin claims donating to LGBTQ+ rights group undermines national security

*This is reported by LGBTQ Nation.

The Trump administration is justifying the president’s claim that top U.S. law firm Susman Godfrey is a national security threat by citing its donations to an LGBTQ+ legal nonprofit.

Trump targeted Susman Godfrey in an April 9 executive order which sought to revoke security clearance from Susman lawyers and restrict their access to federal buildings. The order was seen as retaliation for the firm having represented Dominion Voting Systems in its 2021 defamation suit against Fox News after the right-leaning media outlet repeated Trump’s claims that Dominion’s voting machines helped “steal” the 2020 election from Trump. During a signing ceremony in the Oval Office last month, White House Deputy Chief of Staff went so far as to falsely suggest that the firm “is very involved in the election misconduct,” according to Bloomberg Law.

Susman challenged Trump’s order in court, arguing that it violated the firm’s and its clients’ constitutional rights to free speech and due process. On April 15, a federal judge granted the firm a temporary restraining order barring the administration from enforcing parts of the order while the case proceeds. The case was back in court last week, where a lawyer for Trump’s Justice Department faced sharp questioning from U.S. District Judge Loren AliKhan about the administration’s justification for Trump’s order, according to Reuters.

On Monday, May 12, Lawfare senior editor Roger Parloff posted a screenshot from court filings on Bluesky that indicates the administration’s flimsy rationale.

In his order, Trump alleged that Susman “funds groups that engage in dangerous efforts to undermine the effectiveness of the United States military through the injection of political and radical ideology.” As evidence for the claim, which Susman denies, the Trump Department of Justice cites the fact that the firm “has provided funds to GLBTQ Legal Advocates and Defenders (GLAD), which previously sued the Federal Government to enjoin Department of Defense policy, based on a radical theory of gender ideology.”

In August 2017, GLAD filed a lawsuit on behalf of five transgender servicemembers challenging Trump’s first term trans military ban. The organization later joined Equality California and the National Center for Lesbian Rights as co-counsels in another case challenging the ban.

While Above the Law’s Joe Patrice notes that the administration’s argument that charitable contributions to an LGBTQ+ nonprofit constitute a national security threat is laughable, he also notes that the administration’s characterization of GLAD’s legal challenge is alarming.

“To call a federal [civil rights] lawsuit an effort to undermine the government requires adopting the premise that it’s a threat to make sure the government isn’t doing anything illegal,” Patrice writes.

Susman Godfrey is one of several top law firms that have been the subject of Trump’s recent executive orders. While the firm and three others have chosen to fight the administration in court, nine firms have reportedly struck deals with Trump, promising over $900 million worth of pro bono work for the administration, according to Business Insider.

“The whole point of the Susman Godfrey executive order and those like it is to intimidate law firms into abandoning advocacy on behalf of their clients,” a lawyer for the firm argued in court last week, according to Reuters. “That is unconstitutional, full stop.”

Meanwhile, as Bloomberg Law notes, the firms that have challenged Trump’s executive orders have been winning in court. Like Susman Godfrey, WilmerHale and Jenner & Block have both been granted court orders temporarily blocking large parts of Trump’s orders. And on May 2, a federal judge struck down Trump’s order against Perkins Coie in its entirety, accusing the president of “settling personal vendettas” with his executive orders.

According to CBS News, in her April 15 decision granting Susman’s request for a temporary restraining order, Judge AliKhan also said that Trump’s executive order targeting the firm was “based on a personal vendetta,” adding that the administration’s attempt “to use its immense power to dictate the positions that law firms may or may not take” threatens the foundation of legal representation in the U.S.

0

Texas House Passes Bills to Ignore the Lives of Thousands of Queer Texans

The below is from the Equality Texas Facebook page.

🏛 The news out of the #txlege is heavy, but we will continue to fight back against anti-LGBTQIA+ legislation at the Capitol and across Texas.

These bills will have a massive impact on trans Texans. This week is a time of grief and a source of pain for many. During this time of uncertainty and confusion, please hold on to each other and know that you are not alone. Hundreds of thousands of Texans are in your corner.

This past Monday, we passed a key landmark. All House bills that had not been referred out of committee are no longer eligible to become law. That means that 139 of the 200+ bad bills have died—bills that would have criminalized being trans or sought to ban trans care for adults outright.

“Despite some of the worst bills dying, the news of HB 229 and HB 778 passing the House weighs heavy on all of us. No matter where the fight takes us, we will survive, and we will do it together.” -Brad Pritchett, Interim CEO of Equality Texas

💗If you are struggling right now, please consider reaching out to:

Trans Lifeline: (877) 565-8860

Trevor Project: 1-866-488-7386

Equality Texas Support: equalitytexas.org/help

0

Blog at WordPress.com.

Up ↑