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National news in brief: June 3

The administration chooses top defense advisers, Illinois Civil Unions begin, a trans woman’s Texas marriage invalidated and a trans prom queen in Florida

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Adm. Mullen, leader in ā€˜Donā€™t Askā€™ repeal, retires

WASHINGTON ā€” With the president’s selection of Army service chief General Martin Dempsey to head the Joint Chiefs of Staff, one of the most prominent figures in the effort to repeal “Donā€™t Ask, Donā€™t Tell,” Admiral Mike Mullen, will retire as the head of the body of senior uniformed leaders in the Defense Department.

Mullen will join outgoing Secretary of Defense Robert Gates in bidding farewell to the department. During his tenure, Mullen led the White House effort to repeal the 17-year-old ban on open service by gays and lesbians in the military. Mullen testified on multiple occasions in Congress on the need to end the ban on open service in order to preserve military readiness.

Gen. Dempsey will assume his new role alongside Gatesā€™ successor, current director of the Central Intelligence Agency, Leon Panetta.

Meanwhile, a major opponent of repeal indicated he will no longer push to continue barring open service. According to ThinkProgress, a Washington-based progressive think tank, when asked if he would support reinstating the law at a town hall event in Pompano Beach, Fla., Republican Rep. Allen West said, ā€œIā€™m not doing anything to prevent ‘Donā€™t Ask, Donā€™t Tell.’ The thing that Iā€™m doing is ā€¦ Look, a decision has been made.ā€ Later he said about reinstating the law, ā€œNow it has been done. I will sit back to see what happens.ā€

Illinois civil unions become law

CHICAGO ā€” Wednesday marked the first day that Illinois same-sex couples can apply for civil union licenses from the state.

Lead lobbyist in the push to pass the bill in 2010, Rick Garcia told the Blade that lines stretched ā€œout to the street,ā€ at the Cook County Clerkā€™s office Wednesday morning. According to Garcia, the law survived six separate attempts by conservative lawmakers to derail the onset of the law after passage, and now provides 648 new rights to same-sex couples, including emergency medical decision making powers and the ability to put both spousesā€™ names on the birth certificate to babies born to same-sex spouses.

The new law, however, has emboldened conservatives to push for a voter referendum amending the Illinois Constitution to bar recognition of same-sex relationships.

Widow denied death benefits after husband dies

WHARTON, Texas ā€” A judge has invalidated the marriage of Nikki Araguz and her deceased firefighter husband, killed in a fire in 2010, because Araguz is transsexual.

Though born intersex, Araguz was declared male at birth and was not able to present as her actual gender identity until years later. A couple is ineligible for marriage in the state of Texas if gender markers on both birth certificates match, rather than gender at the time that the nuptials occur.

After her husband Thomasā€™ death, Araguzā€™s in-laws sought to use the courts to invalidate the marriage and deny her spousal benefits upon claims that Thomas was unaware of Araguzā€™s former gender at the time they were married. The Wharton County, Texas court sided with the family.

Fla. high school selects trans prom queen, gay king

DAVIE, Fla. ā€” Running against 14 other women at her school, McFatter Technical High School senior Andii Viveros, 17, surprised a Florida town by earning her classmatesā€™ selection as prom queen.

Born Andrew Viveros, Andii began publicly presenting herself as female two years ago, despite being bullied and harassed, according to Steve Rothaus of the Miami Herald. ā€œThey called my name and I was in total shock,ā€ the newly crowned prom queen told the Herald. ā€œMany students have started a petition to have me removed from the ballot. They also are outraged and say I am making a mockery of prom, because I am going in an evening gown.ā€

Despite the pressure, Andii stayed in the running for the prominent role and took the top prize. McFatter students did not stop with that surprise, however. Prom-goers also selected openly gay Juan Macias as prom king.

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National

Detroit teen arrested in fatal stabbing of gay man

Prosecutor says defendant targeted victim from online dating app

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Officials say Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine. (Photo of Al-Alikhan courtesy of the Detroit Police Department; photo of Brisendine via GoFundMe)

A 17-year-old Detroit man has been charged with first-degree murder for the Sept. 24 stabbing death of a 64-year-old gay man that prosecutors say he met through an online dating app.

A statement released by the Wayne County, Mich., Prosecutorā€™s Office says Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine inside Brisendineā€™s home in Detroit before he allegedly took the victimā€™s car keys and stole the car.

The statement says police arrived on the scene about 4:04 p.m. on Sept. 29 after receiving a call about a deceased person found in their home. Upon arrival police found Brisentine deceased in his living room suffering from multiple stab wounds, the statement says.

ā€œIt is alleged that the defendant targeted the victim on an online dating app because he was a member of the LGBTQ community,ā€ according to the prosecutorā€™s statement.

ā€œIt is further alleged that on Sept. 24, 2024, at the victimā€™s residence in the 6000 block of Minock Street in Detroit, the defendant stabbed the victim multiple times, fatally injuring him, before taking the victimā€™s car keys and fleeing the scene in his vehicle,ā€ it says.

It further states that Al-Alikhan was first taken into custody by police in Dearborn, Mich., and later turned over to the Detroit police on Oct. 1. The statement doesn’t say how police learned that Al-Alikhan was the suspected perpetrator. 

In addition to first-degree murder, Al-Alikhan has been charged with felony murder and unlawful driving away in an automobile.

ā€œIt is hard to fathom a more planned series of events in this case,ā€ prosecutor Kym Worthy said in the statement. ā€œUnfortunately, the set of alleged facts are far too common in the LGBTQ community,ā€ Worthy said. ā€œWe will bring justice to Mr. Brisendine. The defendant is 17 years and 11 months old ā€“ mere weeks away from being an adult offender under the law.ā€

She added, ā€œAs a result of that and the heinous nature of this crime, we will seek to try him as an adult.ā€

A spokesperson for the prosecutorā€™s office said the office has not designated the incident as a hate crime, but said regardless of that designation, a conviction of first-degree murder could result in a sentence of life in prison. The spokesperson, Maria Lewis, said the prosecutorā€™s office was not initially disclosing the name of the dating app through which the two men met, but said that would be disclosed in court as the case proceeds.

The NBC affiliate station in Detroit, WDIV TV, reported that Brisendine was found deceased by Luis Mandujano, who lives near where Brisendine lived and who owns the Detroit gay bar Gigā€™s, where Brisendine worked as a doorman. The NBC station report says Mandujano said he went to Brisendineā€™s house on Sept. 29 after Brisendine did not show up for work and his car was not at his house.

Mandujano, who is organizing a GoFundMe fundraising effort for Brisendine, states in his message on the GoFundMe site that Brisendine worked as a beloved doorman at Gigiā€™s bar.

ā€œWe will do what we can to honor Howardā€™s life as we put him to rest,ā€ Mandujano states in his GoFundMe message. ā€œHe left the material world in a volatile manner at the hand of a monster that took his life for being gay. Letā€™s not allow hate to win!ā€

In response to a Facebook message from the Washington Blade, a spokesperson for Gigiā€™s said the money raised from the GoFundMe effort will be used for Brisendineā€™s funeral expenses and his ā€œremaining bills.ā€ The spokesperson, who didnā€™t disclose their name, added, ā€œAny leftover money will be donated to local LGBTQ nonprofit groups to combat hate.ā€

The GoFundMe site can be accessed here.

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The White House

Karine Jean-Pierre becomes Biden’s fourth openly LGBTQ senior adviser

Press secretary’s promotion was reported on Monday

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White House Press Secretary Karine Jean-Pierre (Washington Blade photo by Christopher Kane)

Following White House Press Secretary Karine Jean-Pierre’s promotion to a top role on Monday, four of the 10 officials serving as senior advisers to President Joe Biden are openly LGBTQ.

The other LGBTQ members of the president’s innermost circle are White House Communications Director Ben LaBolt, senior adviser to first lady Jill Biden Anthony Bernal, and White House Director of Political Strategy and Outreach Emmy Ruiz.

Jean-Pierre became the first Black and the first LGBTQ White House press secretary in May 2022. She spoke with the Washington Blade for an exclusive interview last spring, shortly before the two-year anniversary of her appointment to that position.

“Jill and I have known and respected Karine a long time and she will be a strong voice speaking for me and this Administration,” Biden said in 2022 when announcing her as press secretary.

Breaking the news of Jean-Pierre’s promotion on Monday, ABC noted the power and influence of the White House communications and press office, given that LaBolt was appointed in August to succeed Anita Dunn when she left her role as senior adviser to the president.

As press secretary, Jean-Pierre has consistently advocated for the LGBTQ community ā€” pushing back forcefully on anti-LGBTQ legislation and reaffirming the president and vice president’s commitments to expanding rights and protections.

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U.S. Supreme Court

Supreme Court begins fall term with major gender affirming care case on the docket

Justices rule against Biden admin over emergency abortion question

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.

First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.

The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.

The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.

The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.

Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.

The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”

The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.

The organization notes that “leading medical experts and organizations ā€” such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics ā€” oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”

When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.

The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.

Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.

The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”

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