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National news in brief: May 20

Wisconsin Governor Scott Walter goes after same-sex couples; San Francisco Giants to make a video for the “It Gets Better” project; Phoenix Suns basketball team President Rick Welts comes out.

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Wis. guv wants to stop defending D.P. registry law

MADISON, Wis. — Gov. Scott Walker has told a judge he wants to stop defending Wisconsin’s domestic partner registry in court because he doesn’t believe it’s constitutional, the AP reported this week.

Members of the conservative group Wisconsin Family Action filed a lawsuit last summer arguing the registry violates the state’s constitutional ban on gay marriage. Former Gov. Jim Doyle, a Democrat who proposed the registry as a means of granting same-sex couples more legal rights, chose to defend the measure and had filed a motion asking Dane County Circuit Judge Daniel Moeser for summary judgment upholding it. Walker, a Republican, inherited the case from Doyle when he took office in January, the AP said. The governor filed a motion with Moeser May 13 asking to withdraw the defense because he believes the registry is unconstitutional. It was unclear when Moeser might rule on the motion.

The gay rights group Fair Wisconsin has joined the case as an intervener and will continue defending the registry, the AP report said.

Gay R.I. House speaker takes heat for marriage vote

PROVIDENCE, R.I. — Rhode Island’s openly gay House Speaker Gordon Fox is feeling the sting of abandoning same-sex marriage legislation there for what he considers a more politically feasible civil unions bill, but says “you have to be able to move votes,” the Associated Press reported this week.

“These folks were looking for a champion,” he told the AP. “It hurts me to think that I’m not quite their champion at this point. That bothers me.” He explains his decision on the vote as a calculated move designed to get gay couples real rights today. While he may have had the votes to get the measure through the House, the measure faced a battle in the Senate, where Senate President Teresa Paiva Weed opposed gay marriage but has indicated support for civil unions, the AP reported.

S.F. Giants agree to make anti-bullying video

SAN FRANCISCO (AP) — The San Francisco Giants will follow in the footsteps of President Barack Obama, pop star Janet Jackson and more than 10,000 others who have made videos for an anti-suicide campaign geared toward gay youth, the team said Tuesday according to an AP report. The World Series champions agreed to produce a YouTube spot for the “It Gets Better” campaign at the request of a fan who started an online petition signed by 6,000 people. British rugby star Gareth Thomas also made a video, but the Giants are thought to be the first professional team to participate, said Sean Chapin, the Giants fan who petitioned the team, the AP report said.

Va. considering banning anti-gay bias in adoptions

RICHMOND, Va. — A coalition of groups, including gay-rights advocates, wants the Virginia Board of Social Services to allow more public comment on whether the state should bar private adoption agencies from discriminating against prospective parents based on sexual orientation, the Richmond Times-Dispatch reported this week. The social services board voted in April to remove language banning the discrimination from proposed rules governing the 81 private adoption agencies licensed in the state. Under state law, single people — gay or straight — and married couples may adopt, but unmarried couples cannot.

Phoenix Suns president comes out as gay

NEW YORK — Rick Welts, president and chief executive of the Phoenix Suns, an NBA pro basketball team, came out this week in a lengthy interview with the New York Times. The revelation makes him the first prominent male sports executive to come out. “This is one of the last industries where the subject is off limits,” Welts told the Times. “Nobody’s comfortable in engaging in a conversation.”

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ACLU and Justice Department to jointly challenge anti-Trans laws

Recently passed anti-transgender laws in West Virginia and Arkansas violate the Equal Protection Clause of the U.S. Constitution.

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U.S. Department of Justice, Robert F. Kennedy Building (Photo Credit: GSA U.S. Government)

WASHINGTON – In court documents filed Thursday in the U.S. District Court for the Southern District of West Virginia and in U.S. District Court for the Eastern District of Arkansas, the U.S. Department of Justice, in Statement of Interest filings, joined the American Civil Liberties Union, (ACLU), arguing that recently passed anti-transgender laws in West Virginia and Arkansas violate the Equal Protection Clause of the U.S. Constitution.

The suits filed by the ACLU challenges an Arkansas law that bans gender-affirming care for transgender youth and a West Virginia law banning transgender youth from participating in school sports.

Chase Strangio, deputy director for Trans Justice with the American Civil Liberties Union LGBTQ & HIV Project, issued the following statement responding to the Department of Justice submitting a statement of interest in two federal courts supporting transgender youth;

“Today’s filings from the Department of Justice send a powerful message that discrimination against transgender youth is not just wrong, it is also plainly unconstitutional. These filings from the Department of Justice confirm what we have been telling legislatures all year: Banning trans youth from sports and denying trans youth health care violates the Constitution and federal law. We hope that state legislatures finally get the message.” 

Law and Crime reported that in the West Virginia case filing, the Justice Dept. argued that House Bill 3293, which bans transgender athletes at public schools from competing in female sports at the middle school, high school, and collegiate level, violates both the Equal Protection Clause and  Title IX of the Education Amendment of 1972.

The case stemmed from a complaint filed by the parents of transgender girl who said their daughter was unlawfully prohibited from trying out for the school’s cross-country track team because of the measure.

In Arkansas, the Justice Dept. backed an ACLU-filed lawsuit challenging a state law (Act 626) which bans gender-affirming health care for transgender youths. The DOJ also claims that state ban violates the Equal Protection Clause of the Fourteenth Amendment, Law & Crime reported.

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Immigrant rights groups demand ICE release transgender, HIV-positive detainees

Letter notes Roxsana Hernández case

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The Adams County Correctional Center in Natchez, Miss., is a privately-run facility that U.S. Immigration and Customs Enforcement uses to house some of its detainees. Eight immigrant rights groups have demanded ICE release all transgender people and people with HIV in their custody. (Washington Blade photo by Michael K. Lavers)

Eight immigrant advocacy groups this week demanded the release of all transgender and HIV-positive people who are in immigrant detention facilities.

Immigration Equality, the National Center for Lesbian Rights, the Transgender Law Center, the Santa Fe Dreamers Project, the Center for Victims of Torture, Familia: Trans Queer Liberation Movement, Mijente and the National Immigrant Justice Center made the request in a letter they sent to Homeland Security Secretary Alejandro Mayorkas and acting U.S. Immigration and Customs Enforcement Director Tae Johnson on June 16.

“As you know, transgender and HIV-positive people are severely suffering in U.S. immigration detention facilities,” reads the letter. “Those who do not perish from mortally deficient medical negligence are regularly mistreated, isolated and sexually assaulted.”

The letter notes DHS “for years” has “attempted to create conditions of confinement that are safe for these historically disenfranchised minorities.”

“This has been a fool’s errand,” it says. “Under both Democrat and Republican leadership, DHS has wasted millions of taxpayer dollars attempting to overcome a simple and inevitable truth: It is not possible for the U.S. government to house transgender and HIV-positive asylum seekers safely. Every progressive policy, every well-meaning protocol and every specialized facility has utterly failed. This has to stop. It is in your exclusive power to put an end to this ongoing human rights atrocity.”

“What makes this situation even more intolerable, is that the vast majority of the transgender and HIV-positive people suffering in immigration detention fled to the U.S. to escape persecution and torture,” adds the letter. “To these asylum seekers, the U.S. is more than a symbol of liberty. It is one of the few places in the world where they may hope to build a safer future. And yet, by detaining trans and HIV-positive people in such inhumane and unsafe conditions, the U.S. government is subjecting them to some of the same kinds of mistreatment they sought to escape.”

The groups in their letter demand ICE and U.S. Customs and Border Protection “to immediately release all transgender and HIV-positive people in their custody” and “review its system for identifying transgender and HIV-positive individuals, and work with stakeholders to ensure that it is effective and safe.” The groups also seek the creation of a policy “that deems all transgender and HIV-positive individuals non-detainable.”

The letter notes the case of Roxsana Hernández, a trans asylum seeker from Honduras with HIV who died in a New Mexico hospital on May 25, 2018, while she was in ICE custody.

Hernández’s family in a lawsuit it has filed against the federal government and five private companies who were responsible for Hernández’s care allege she did not have adequate access to medical care and other basic needs from the time she asked for asylum at the San Ysidro Port of Entry in San Diego on May 9, 2018, to her arrival at the Cibola County Correctional Center, a privately-run facility in Milan, N.M., a week later.

ICE in 2017 opened a unit for trans women at the Cibola County Correctional Center. It closed last year.

A picture of Roxsana Hernández, a transgender Honduran woman with HIV who died in ICE custody in 2018, hangs on a wall inside the offices of Colectivo Unidad Color Rosa, an LGBTQ advocacy group in San Pedro Sula, Honduras. (Washington Blade photo by Michael K. Lavers)

The letter also notes the case of Johana “Joa” Medina León, a trans woman with HIV from El Salvador who asked for asylum in the U.S. in 2019 after she suffered persecution in her home country because of her gender identity.

Medina was in ICE custody at the privately-run Otero County Processing Center in Chaparral, N.M., until her transfer to a hospital in nearby El Paso, Texas, on May 28, 2019. ICE on the same day released Medina from their custody.

Medina died three days later.

“She became worse, worse, worse,” Medina’s mother, Patricia Medina de Barrientos, told the Washington Blade in an exclusive interview in the Salvadoran capital of San Salvador that took place a few weeks after Medina’s death. “She asked for help because she was a nurse, but they refused. She was denied help. There was no medical attention.”

Johana “Joa” Medina León, a transgender woman with HIV from El Salvador, died on June 1, 2019, at a hospital in El Paso, Texas, three days after ICE released her from their custody. (Photo courtesy of Patricia Medina de Barrientos)

The letter also includes testimonials from dozens of other trans and/or HIV-positive people who say they suffered physical abuse and survived sexual assault while in ICE custody. They also allege they did not receive adequate health care — including access to hormones and antiretroviral drugs — while in detention.

“Throwing LGBTQ and HIV-positive asylum seekers into prison is cruel, expensive and dangerous. For transgender and HIV-positive people, it can even be deadly,” said Immigration Equality Policy Director Bridget Crawford in a statement. “In response to years of consistently documented abuses against the community, the government has implemented ineffective half-measures that have utterly failed. That is why we have demanded that DHS release all transgender and HIV-positive people immediately. No one should ever be locked into prison because they fled persecution based on their sexual orientation, gender identity, or HIV status. Doing so during a pandemic is a human rights atrocity.”

Immigration Equality is among the groups that have previously demanded ICE release all trans people who are in their custody. Advocacy organizations have also called for the release of people with HIV in ICE custody, especially during the COVID-19 pandemic.

DHS, which oversees ICE, has not responded to the Blade’s request for comment on the June 16 letter.

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Anti-LGBTQ Colorado baker loses Trans birthday cake court case

Phillips violated Colorado’s ant-discrimination law citing the fact that at issue was a ‘product’ not freedom of speech or expression

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Jack Phillips (Washington Blade file photo by Michael Key)

DENVER – A Colorado State District Court Judge ruled against the baker who had previously refused to bake a cake for a same-sex wedding and won at the U.S. Supreme Court a partial narrow victory in that case in 2018.

CBSN Denver reported that Denver District Judge A. Bruce Jones order that Jack Phillips violated Colorado’s anti discrimination law Tuesday citing the fact that at issue was a ‘product’ not freedom of speech or expression.

In court documents, Jones said that Phillips refusal to make the plantiff, Autumn Scardina a cake made with blue icing on the outside and pink on the inside to celebrate her gender transition on her birthday because of her transgender status but without a written message, was in violation of the law. Phillips was ordered to pay a $500 fine.

Jones noted in his ruling that Phillips testified during a trial in March that ‘he did not think someone could change their gender’ and he would not celebrate “somebody who thinks that they can.”

“The anti-discrimination laws are intended to ensure that members of our society who have historically been treated unfairly, who have been deprived of even the every-day right to access businesses to buy products, are no longer treated as ‘others,‘” the judge wrote.

The Scottsdale, Arizona based Alliance Defending Freedom, an anti-LGBTQ legal group that has been place on the Southern Poverty Law Center’s Hate Watch List for spreading propaganda and lies about LGBTQ people, told CBSN that the group would appeal Jones’ ruling.

“Radical activists and government officials are targeting artists like Jack because they won’t promote messages on marriage and sexuality that violate their core convictions,” ADF’s general counsel, Kristen Waggoner, said in a media statement.

The maximum fine for each violation of Colorado’s Anti-Discrimination Act is $500. But it was not clear from the ruling if the fine was for the two attempts that Scardina made to order the cake or just one.

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