National
National news in brief: March 11
Colo. moves on recognition bill, gay student candidate finds posters vandalized and more
Same-sex unions bill moves in Colo.
DENVER ā Legislation aimed at recognizing same-sex civil unions in Colorado passed its first test Tuesday, despite cries from the religious right that the legislation would undermine marriage and encourage a āshamefulā gay lifestyle, several Colorado newspapers, including the Denver Post, reported this week.
Senate Bill 172, introduced by Sen. Pat Steadman (D-Denver) was backed by the Senate Judiciary Committee 6-3, with one Republican joining Democrats to advance the legislation.
The marathon controversial legislative hearing felt at times more like a Christian revival meeting, with critics of SB 172 making arguments against sodomy and gay lifestyles while reading from Leviticus, the Post reported.
Many critics argued that gay couples are unfit to raise children, and pointed out that in 2006, Colorado voters defined marriage as between one man and one woman, while also rejecting a proposal to recognize same-sex domestic partnerships in Colorado.
Senate Bill 172 would recognize civil unions between same-sex couples in Colorado. Along with the recognition would come similar legal benefits enjoyed by heterosexual married couples.
Faith leaders would not be required under the law to conduct same-sex civil unions if it goes against their religious beliefs.
Steadman, who is gay, said the issue is about providing stability to couples as they navigate life.
Judge lets Minn. marriage ban stand
MINNEAPOLIS ā A Hennepin County judge has dismissed a lawsuit that sought to make same-sex marriage legal in Minnesota, according to an Associated Press report.
Judge Mary Dufresne rejected arguments by the group Marry Me Minnesota that the state’s 13-year-old Defense of Marriage Act violates same-sex couples’ rights to due process, equal protection, religious freedom and freedom of association. The Star Tribune reported Wednesday that the judge wrote in an order Monday that she’s bound by a 1971 Minnesota Supreme Court decision that says the legislature has the power to limit marriage to one man and one woman. Doug Benson, executive director of Marry Me Minnesota, says the group is disappointed and will appeal. He says the ruling is a slap at thousands of gay and lesbian couples who want the same rights their neighbors have, the AP reported.
Sailor discharged for falling asleep with man
CHARLESTON, S.C. ā A Navy petty officer facing discharge for falling asleep in bed with another male sailor last month says his ouster is motivated by homophobia, not a legitimate crime, a claim that has some gay rights advocates worried about life after “Don’t Ask, Don’t Tell,” according to an ABC report.
Stephen Jones, 21, a student at the Naval Nuclear Power Training Command in Charleston, S.C., says he and friend Brian McGee inadvertently fell asleep together while watching “Vampire Diaries” on a computer in his quarters Feb. 6. Jones was wearing pajama pants and a white T-shirt, lying on top of the covers; McGee was in boxer shorts under the blanket on Jones’ twin bed, according to both men’s account of the situation. When Jones’ roommate, Tyler Berube, walked in shortly after midnight, the sleepy sailors woke up, got dressed and went back to their rooms.
Several days later, however, Jones and McGee were cited with dereliction of duty for “willfully failing to exhibit professional conduct in his room,” according to a Navy report specifying the charges. McGee accepted the charge and received docked pay. But when Jones refused to accept a penalty, instead hoping for a court martial to prove his innocence, he was ordered separated from the Navy for good, the ABC report said. While there was no evidence of homosexual conduct presented in the statements given by the three men to military investigators, Jones and his civilian attorney Gary Meyers believe homophobic suspicions were motivation for the charge.
“The roommate is concerned about what he sees, even though he sees nothing,” Meyers told ABC. “And his statement doesn’t indicate he saw anything. Two men woke up and they left the room. It’s a bizarre overreaction.”
Meyers contends that because the command had too little evidence to start an investigation under “Don’t Ask, Don’t Tell,” which is still technically military policy, it used a subterfuge to achieve the same result.
“I asked several times about what was unprofessional about what I did, and every time they said it’s just unprofessional. Period,” said Jones, who is appealing the decision.
Worker defending gays fired for saying āfaggotā
NEW YORK ā An elderly New York man who worked 54 years for American Airlines was fired this week for saying faggot during a training session. Referring to his military service, 82-year-old Freddy Schmitt said, “Back then a faggot could have saved my life.” He made the comment in reference to a statement saying that gays should be allowed to serve openly. The company refused to let Schmitt return to his role as a ground-crew worker despite an excellent employment record, the New York Post reported. Schmitt is appealing the decision and says he wants to end his career on good terms.
Gay lawmakers playing pivotal role in debates
NEW YORK ā The 85 openly gay state legislators in the U.S. ā out of 7,382 total ā are playing a key role in the advancement of marriage and civil union battles across the country, the AP reported this week.
In Hawaii and Illinois, gay state representatives were lead sponsors of civil union bills signed into law earlier this year. In Maryland and Rhode Island, gay lawmakers are co-sponsoring pending bills that would legalize same-sex marriage. In New York, gay state Sen. Tom Duane is preparing to be lead sponsor of a marriage bill in his chamber later this session. The gay lawmakers have impact in two important ways.
Their speeches, often evoking personal themes, sometimes can sway wavering colleagues, and they can forge collegial relationships even with ideological foes through day-to-day professional and social interaction. Hawaii and Illinois are now among seven states that allow civil unions or their equivalent ā state-level marriage rights in virtually everything but name.
Prop 8 sponsors oppose lifting marriage ban
SAN FRANCISCO āĀ Lawyers for the sponsors of California’s same-sex marriage ban are urging a federal appeals court to continue blocking same-sex unions while it considers the constitutionality of Proposition 8, according to an AP report.
The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect are the same now as they were last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge’s order overturning Proposition 8 on hold.
They say the Obama administration’s recent announcement that it would no longer defend the federal law prohibiting the government from recognizing same-sex marriages has no bearing on the state ban.
Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California by lifting its stay on the lower court’s order.
Kan. lawmakers say being gay should be criminal
TOPEKA, Kan. ā Kansas state Reps. Jan Pauls (D, Hutchinson), and Lance Kinzer (R, Olathe) said this week that being gay or lesbian should remain a crime there, according to a Kansas City Star report.
Pauls made, with Kinzerās support, the successful motion in the Kansas Legislatureās Corrections and Juvenile Justice Committee to keep the criminalization of gay and lesbian relationships on the books. Their action removed key language from HB2321, proposed by the Kansas Judicial Council, which would have resolved inconsistencies in Kansas criminal code, as well as remove unconstitutional laws.
āJan Pauls was trusted to be a judge before becoming a state representative, and should know better than to support unconstitutional laws, breaking her oath to defend the Constitution,ā said Jon Powell, Chair of the Hutchinson Area chapter of the Kansas Equality Coalition. āWe are fed up with her obvious support of harassment of gays and lesbians. We will not be bullied.ā
Although one remains on Kansasā books, all state laws criminalizing gay and lesbian relationships were struck down by the United States Supreme Court in 2003.
Gay student’s campaign posters vandalized
CEDAR CITY, UTAH ā Openly gay Southern Utah University Student Association Activities vice presidential candidate Payden Adams found his campaign posters defaced this week, according to a report from the St. George Daily Spectrum, a Gannett Utah paper reported. A vandal wrote derogatory comments in red marker on one of Adams’ campaign posters, according to a release from the Association’s Queer-Straight Alliance on Monday.
The incident was not the first, according to the release. Several of Adams’ posters have been destroyed, often with shreds left at the sites. Campus Police Chief Rick Brown said he was made aware of the incident, but was awaiting more information before investigating.
Brown said the incident would be treated as a criminal mischief case if someone is arrested. Upon hearing the alleged victim of the vandalism was gay, Brown said that would bring in a separate case against the suspect for a hate crime.
“It wasn’t brought to my attention that someone was targeted for his sexual orientation, but if that is the case when I receive more detail, it would be considered a hate crime,” he said. “We would look at the severity of the case and see if that is a different charge.
Poll shows majority support for gay marriage
DENVER ā A new poll shows for the first time that more Americans support same-sex marriage than oppose it, the Colorado Independent reported this week.
The General Social Survey, a biennial poll conducted by the National Opinion Research Center at the University of Chicago, has been a much-cited resource for sociologists since it began in 1972. The 2010 poll’s findings, analyzed by Darren Sherkat, a sociologist/blogger from Southern Illinois University, found that about 46 percent of those polled support gay marriage as opposed to about 40 percent who are opposed. Only 12.4 percent supported it when the Survey first asked it in 1988.
Sherkat analyzed the data based on religious and political views and found that almost inevitably, āphilosophicalā Christians who believe that the stories in the Bible are fables designed for moral instruction were much more likely to support same-sex marriage than both those who believe the Bible is the inspired word of God and literalists who believe the Bible depicts the actual history of the world. Biblical literalists offered the most opposition to same-sex marriage, and Democrats of all types were significantly more likely than their Republican counterparts to support same-sex marriage.
The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.
Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City.
He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.
Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.
Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.
The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.
Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.
The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.
“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”
Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.
Cifuentes is now the client services manager for Lawyers for Good Government’s Project CorazĆ³n, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.
“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”
U.S. Supreme Court
US Supreme Court rules Idaho to enforce gender care ban
House Bill 71 signed in 2023
BY MIA MALDONADO | The U.S. Supreme Court has allowed Idaho to enforce House Bill 71, a law banning Idaho youth from receiving gender-affirming care medications and surgeries.
In an opinion issued Monday, the U.S. Supreme Court granted the state of Idahoās request to stay the preliminary injunction, which blocked the law from taking effect. This means the preliminary injunction now only applies to the plaintiffs involved in Poe v. Labrador ā a lawsuit brought on by the families of two transgender teens in Idaho who seek gender-affirming care.
Mondayās Supreme Court decision enforces the gender-affirming care ban for all other trans youth in Idaho as the lawsuitĀ remains ongoing in the Ninth Circuit Court of Appeals.
The American Civil Liberties Union and the ACLU of Idaho, both of whom represent the plaintiffs, said in a press release Monday that the ruling ādoes not touch upon the constitutionalityā of HB 71. The groups called Mondayās ruling an āawful resultā for trans Idaho youth and their families.
āTodayās ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,ā the organizations said in the press release. āNonetheless, todayās result only leaves us all the more determined to defeat this law in the courts entirely, making Idaho a safer state to raise every family.ā
Idaho Attorney General RaĆŗl Labrador in a press release said the state has a duty to protect and support all children, and that he is proud of the stateās legal stance.
āThose suffering from gender dysphoria deserve love, support and medical care rooted in biological reality,ā Labrador said. āDenying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and Iām grateful that we, as the state, have the power ā and duty ā to protect them.ā
Recap of Idahoās HB 71, and what led to SCOTUS opinion
Mondayās Supreme Court decision traces back to when HB 71 was signed into law in April 2023.
The law makes it a felony punishable for up to 10 years for doctors to provide surgeries, puberty-blockers and hormones to trans people under the age of 18. However, gender-affirming surgeries are not and were not performed among Idaho adults or youth before the bill was signed into law, the Idaho Capital Sun previously reported.
One month afterĀ it was signed into law, the families of two trans teens sued the state in a lawsuit alleging the bill violates the 14th Amendmentās guarantee of equal protection under the law.
In late December, just days before the law was set to take effect in the new year, U.S. District Judge B. Lynn Winmill blocked the law from taking effect under a preliminary injunction. In his decision, he said he found the families likely to succeed in their challenge.
The state of Idaho responded by appealing the district courtās preliminary injunction decision to the Ninth Circuit, to which the Ninth Circuit denied. The state of Idaho argued the court should at least enforce the ban for everyone except for the plaintiffs.
After the Ninth Circuitās denial, the Idaho Attorney Generalās Office in February sent an emergency motion to the U.S. Supreme Court, the Idaho Press reported. Mondayās U.S. Supreme Court decision agrees with the stateās request to enforce its ban on trans health care for minors, except for the two plaintiffs.
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Mia Maldonado joined the Idaho Capital Sun after working as a breaking news reporter at the Idaho Statesman covering stories related to crime, education, growth and politics. She previously interned at the Idaho Capital Sun through the Voces Internship of Idaho, an equity-driven program for young Latinos to work in Idaho news. Born and raised in Coeur d’Alene, Mia moved to the Treasure Valley for college where she graduated from the College of Idaho with a bachelor’s degree in Spanish and international political economy.
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The preceding piece was previously published by the Idaho Capital Sun and is republished with permission.
The Idaho Capital Sun is the Gem Stateās newest nonprofit news organization delivering accountability journalism on state politics, health care, tax policy, the environment and more.
Weāre part of States Newsroom, the nationās largest state-focused nonprofit news organization.
Kansas
Kansas governor vetoes ban on health care for transgender youth
Republican lawmakers have vowed to override veto
BY TIM CARPENTERĀ | Gov. Laura Kelly flexed a veto pen to reject bills Friday prohibiting gender identity health care for transgender youth, introducing a vague crime of coercing someone to have an abortion and implementing a broader survey of women seeking abortion that was certain to trigger veto override attempts in the Republican-led House and Senate.
The decisions by the Democratic governor to use her authority to reject these health and abortion rights bills didnāt come as a surprise given her previous opposition to lawmakers intervening in personal decisions that she believed ought to remain the domain of families and physicians.
Kelly saidĀ Senate Bill 233, which would ban gender-affirming care for trans minors in Kansas, was an unwarranted attack on a small number of Kansans under 18. She said the bill was based on a politically distorted belief the Legislature knew better than parents how to raise their children.
She said it was neither a conservative nor Kansas value to block medical professionals from performing surgery or prescribing puberty blockers for their patients. She said stripping doctors of their licenses for serving health interests of patients was wrong. Under the bill, offending physicians could be face lawsuits and their professional liability insurance couldnāt be relied on to defend themselves in court.
āTo be clear, this legislation tramples parental rights,ā Kelly said. āThe last place that I would want to be as a politician is between a parent and a child who needed medical care of any kind. And, yet, that is exactly what this legislation does.ā
Senate President Ty Masterson (R-Andover) and House Speaker Dan Hawkins (R-Wichita) responded to the governor by denouncing the vetoes and pledging to seek overrides when legislators returned to the Capitol on April 26. The trans bill was passed 27-13 in the Senate and 82-39 in the House, suggesting both chambers were in striking distance of a two-thirds majority necessary to thwart the governor.
āThe governor has made it clear yet again that the radical left controls her veto pen,ā Masterson said. āThis devotion to extremism will not stand, and we look forward to overriding her vetoes when we return in two weeks.ā
Cathryn Oakley, senior director of the Human Rights Campaign, said the ban on crucial, medically necessary health care for trans youth was discriminatory, designed to spread dangerous misinformation and timed to rile up anti-LGBTQ activists.
āEvery credible medical organization ā representing over 1.3 million doctors in the United States ā calls for age-appropriate, gender-affirming care for transgender and nonbinary people,ā Oakley said. āThis is why majorities of Americans oppose criminalizing or banning gender-affirming care.ā
Abortion coercion
Kelly also vetoed House Bill 2436 that would create the felony crime of engaging in physical, financial or documentary coercion to compel a girl or woman to end a pregnancy despite an expressed desire to carry the fetus to term. It was approved 27-11 in the Senate and 82-37 in the House, again potentially on the cusp of achieving a veto override.
The legislation would establish sentences of one year in jail and $5,000 fine for those guilty of abortion coercion. The fine could be elevated to $10,000 if the adult applying the pressure was the fetusesā father and the pregnant female was under 18. If the coercion was accompanied by crimes of stalking, domestic battery, kidnapping or about 20 other offenses the prison sentence could be elevated to 25 years behind bars.
Kelly said no one should be forced to undergo a medical procedure against their will. She said threatening violence against another individual was already a crime in Kansas.
āAdditionally, I am concerned with the vague language in this bill and its potential to intrude upon private, often difficult, conversations between a person and their family, friends and health care providers,ā the governor said. āThis overly broad language risks criminalizing Kansans who are being confided in by their loved ones or simply sharing their expertise as a health care provider.ā
Hawkins, the House Republican leader, said coercion was wrong regardless of the circumstances and Kellyās veto of the bill was a step too far to the left.
āItās a sad day for Kansas when the governorās uncompromising support for abortion wonāt even allow her to advocate for trafficking and abuse victims who are coerced into the procedure,ā Hawkins said.
Emily Wales, president and CEO of Planned Parenthood Great Plains Votes, said HB 2436 sought to equate abortion with crime, perpetuate false narratives and erode a fundamental constitutional right to bodily autonomy. The bill did nothing to protect Kansas from reproductive coercion, including forced pregnancy or tampering with birth control.
āPlanned Parenthood Great Plains Votes trusts patients and stands firmly against any legislation that seeks to undermine reproductive rights or limit access to essential health care services,ā Wales said.
Danielle Underwood, spokeswoman for Kansas for Life, said āCoercion Kellyā demonstrated with this veto a lack of compassion for women pushed into an abortion.
The abortion survey
The House and Senate approved a bill requiring more than a dozen questions be added to surveys of women attempting to terminate a pregnancy in Kansas. Colorful debate in the House included consideration of public health benefits of requiring interviews of men about reasons they sought a vasectomy birth control procedure or why individuals turned to health professionals for treatment of erectile dysfunction.
House Bill 2749 adopted 81-39 in the House and 27-13 in the Senate would require the Kansas Department of Health and Environment to produce twice-a-year reports on responses to the expanded abortion survey. The state of Kansas cannot require women to answer questions on the survey.
Kelly said in her veto message the bill was āinvasive and unnecessaryā and legislators should have taken into account rejection in August 2022 of a proposed amendment to the Kansas Constitution that would have set the stage for legislation further limiting or ending access to abortion.
āThere is no valid medical reason to force a woman to disclose to the Legislature if they have been a victim of abuse, rape or incest prior to obtaining an abortion,ā Kelly said. āThere is also no valid reason to force a woman to disclose to the Legislature why she is seeking an abortion. I refuse to sign legislation that goes against the will of the majority of Kansans who spoke loudly on Aug. 2, 2022. Kansans donāt want politicians involved in their private medical decisions.ā
Wales, of Planned Parenthood Great Plains Votes, said the bill would have compelled health care providers to āinterrogate patients seeking abortion careā and to engage in violations of patient privacy while inflicting undue emotional distress.
Hawkins, the Republican House speaker, said the record numbers of Kansas abortions ā the increase has been driven by bans or restrictions imposed in other states ā was sufficient to warrant scrutiny of KDHE reporting on abortion. He also said the governor had no business suppressing reporting on abortion and criticized her for tapping into āirrational fears of offending the for-profit pro-abortion lobby.ā
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Tim Carpenter has reported on Kansas for 35 years. He covered the Capitol for 16 years at the Topeka Capital-Journal and previously worked for the Lawrence Journal-World and United Press International.
The preceding story was previously published by the Kansas Reflector and is republished with permission.
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The Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets. We are part of States Newsroom: the nationās largest state-focused nonprofit news organization, with reporting from every capital.
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