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Feds ‘closely monitoring’ anti-gay Puerto Rico killing

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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.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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