National
Feds ‘closely monitoring’ anti-gay Puerto Rico killing
The U.S. Justice Department is closely monitoring the fallout from an apparent anti-gay killing in Puerto Rico in an incident that could become the first prosecuted case under the new federal hate crimes law, according to a department official.
Thomas Perez, assistant attorney general for the Justice Department’s civil rights division, told reporters Dec. 17 that federal officials are keeping a close eye on the case.
“That case is being investigated and prosecuted right now by the state of Puerto Rico as both a murder, and they do have a hate crimes law in Puerto Rico, so we’re closely monitoring that case, as we do all cases, and we continue to follow that case very closely,” he said.
Juan Martinez Matos, 26, is accused of killing Jorge Steven Lopez Mercado, who was gay. The dismembered body of the 19-year-old college student was found last month along a road in the town of Cayey, according to the Associated Press.
The Associated Press quoted the local prosecutor in the case as saying Martinez met Lopez while looking for women in an area known for prostitution. The suspect reportedly said the victim was dressed as a woman and that he stabbed Lopez after discovering he was male.
Martinez was charged with first-degree murder and weapons violations, and was jailed on a $4 million bond, according to the Associated Press.
The next hearing in the case is set for Jan. 13. The defense has said Martinez is mentally unfit to stand trial. A state psychiatrist is evaluating the defendant, and the court will decide Jan. 13 whether he’s mentally competent.
Should federal officials decide to prosecute the killing as a hate crime, it would be the first such prosecution under the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act, signed by President Obama into law in October.
Asked what would factor into federal officials’ decision to prosecute the killing under the new law, Perez recalled recent news from Shenandoah, Pa., regarding an allegedly bias-motivated fatal beating of Luis Ramirez, a Latino man. Two people — Derrick Donchak and Brandon Piekarsky — were indicted under a previously enacted federal hate crimes statute.
“We’re monitoring [the Puerto Rico case], just as we monitor the prosecution in the Shenandoah case,” he said. “We kept a very close eye on it, and when the case ended, we conducted our own private independent investigation, and you saw the fruits of it earlier this week.”
Also closely monitoring the case is the National Gay & Lesbian Task Force. Pedro Juliano Serrano, spokesperson for the organization and founder of Puerto Rico Para Tod@s, said his organization is calling for local and federal authorities to consider the killing as a hate crime.
“We do think it is a hate crime and we’re asking the authorities to investigate it as a hate crime,” he said. “We called on the local authorities to investigate it and we’re certainly satisfied that the federal authorities are monitoring the local investigation, and might be involved, if possible.”
The U.S. attorney involved with the case, Rosa Emilia Rodriquez, reportedly told Puerto Rican media last week that her office is monitoring the case and will file paperwork with federal authorities if the defendant is not convicted of a hate crime. Still, El Nuevo Dia, a Puetro Rican newspaper, quoted Rodriguez as saying she believes the case is moving ahead properly.
Puerto Rico has had a local hate crimes statute since 2002, but Serrano said he’s skeptical that Martinez would be prosecuted under this law because no conviction has taken place under this statute.
“In the seven years that the hate crimes has been in place in Puerto Rico, we’ve had more than 20 killings that have clearly had signs of being probably hate crimes,” Serrano said. “None of them have been classified as such.”
Serrano said the lack of prosecutions under the Puerto Rico hate crimes statute is what’s prompting activists to ask the federal government to keep an eye on the case.
“That’s why we are calling on the authorities to keep monitoring the situation because if the local authorities again fail to process this as a hate crime with their statute, we’re hoping that the federal authorities can come in and assume jurisdiction,” he said.
Serrano said he believes the incident was a hate crime because Martinez reportedly confessed to killing Lopez out of hatred for gays.
“He said that supposedly … he had been raped during a stint in prison because he was convicted of domestic violence, and because he was raped, he hated gays,” Serrano said.
The brutal violence of the crime, Serrano said, also indicates that it was bias-motivated. He noted that Lopez’ body was dismembered, decapitated and burned and that it’s unclear whether the victim was in fact dressed in women’s clothes because of the condition in which the body was found.
Attention to the case in Puerto Rico comes as the Justice Department is ramping up efforts to comply with the newly enacted hate crimes statute. Perez told reporters his office is busy training federal and local authorities to make the law fully effective.
“We have an implementation plan put in place that involves training the assistant United States attorneys, training the state and local authorities and local prosecutors, working with our community partners to train them, and also to work on prevention initiatives,” he said.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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