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EU court rules homosexuality can be grounds for asylum

Decision comes in case of three Africans who sought refuge in the Netherlands

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European Court of Justice, gay news, Washington Blade

European Court of Justice, gay news, Washington Blade

European Court of Justice (Photo by Stefan64; courtesy of Wikimedia Commons)

The European Court of Justice on Thursday ruled those who face incarceration in their home countries because of their sexual orientation could receive asylum in the European Union.

The ruling stems from the case of three people from Sierra Leone, Uganda and Senegal who sought asylum in the Netherlands in 2009, 2010 and 2011 respectively. Each of the applicants claimed they would face persecution in their African homelands because of their sexual orientation.

Homosexuality remains illegal in the three countries.

Sierra Leonean law punishes those found guilty of same-sex sexual acts with up to 10 years in prison, while those convicted under Senegal’s anti-sodomy law could face up to five years of incarceration. Gays and lesbians found guilty of same-sex sexual acts in Uganda could face up to life in prison.

Ugandan Parliamentarian David Bahati in 2009 sparked global outrage when he introduced a bill that would impose the death penalty upon anyone found guilty of repeated same-sex sexual acts.

The Dutch Ministry of Immigration and Asylum in 2010 and 2011 denied the asylum seekers’ request based on grounds they had not demonstrated they have “a well-founded fear of persecution by reason of their membership of a particular social group.”

A court in The Hague in 2010 and 2011 upheld the Sierra Leonean and Ugandan petitioners request for asylum. The same tribunal in 2011 dismissed the Senegalese asylum seekers’ appeal.

The Dutch Ministry of Immigration and Asylum appealed the ruling that overturned its previous decision in the case of the Sierra Leonean and Ugandan petitioners to the Dutch Council of State. The advisory body asked the European Court of Justice in Luxembourg to determine whether gays could be considered a “particular social group” and whether the criminalization of homosexuality is “an act of persecution.”

“It is common ground that a person’s sexual orientation is a characteristic so fundamental to his identity that he should not be forced to renounce it,” the European Court of Justice ruling reads.

“The criminalization of homosexual acts alone does not, in itself, constitute persecution,” it continues. “However, a term of imprisonment which sanctions homosexual acts and which is actually applied in the country of origin which adopted such legislation must be regarded as being a punishment which is disproportionate or discriminatory and thus constitutes an act of persecution.”

The ruling applies to all 28 EU member states, but it stipulates authorities in a particular country must determine whether an individual asylum seeker is facing persecution in their homeland. The Dutch government grants asylum based on sexual orientation on a case-by-case basis.

COC Nederland, a Dutch LGBT advocacy group, welcomed the European Court of Justice’s ruling.

“The current policy states that LGBT asylum seekers are to be expected to live in their country of origin with ‘a certain restraint’ when it comes to expressing their sexual orientation or gender identity,” the organization said. “This criterion is no longer valid in the light of this new European ruling. COC Netherlands has been advocating for such a policy for years.”

Livio Zilli of the International Commission of Jurists is among those who were critical of the decision.

“The court should have found that these laws, even when they have not recently been applied in practice are capable of giving rise to a well-founded fear or prosecution in lesbian, gay, bisexual, transgender and intersex people and who accordingly should be recognized as refugees when they apply for asylum,” Zilli said.

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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference student’s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery County Police identified the arrested student as “Andrea Ye, of Rockville, whose preferred name is Alex Ye.”

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Ye’s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about as character in a 129-page manifesto outlining plans for a school shooting. Police have said Ye told them the manifesto was a fictional story he planned to publish.  

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a “biological female.”

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to “admit that this individual was transgender.”

“Because it’s not a lead,” Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is “a white Christian male who’s heterosexual.” Elrich stated, “No, you don’t – You never publish somebody’s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. It’s not a news story. It is not a crime to  be transgender.”

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Ye’s manifesto appearing to make threats of a mass school shooting.

“Now, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,” Jones said. “I commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,” he told the gathering.

“Thanks to their swift action and cooperation a potentially catastrophic event was prevented,” Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

“But this case is different,” Jones said. “This case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspect’s manifesto to the authorities. This underscores the value of community engagement and the ‘see something say something’ approach,” he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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