National
U.S. balks at asylum for gay Saudi diplomat
Attorney says client faces ‘certain’ execution

The US Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a gay Saudi diplomat
The U.S. Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a Saudi diplomat whose colleagues discovered he’s gay last year while he was assigned to Saudi Arabia’s consular office in Los Angeles.
The diplomat, Ali Ahmad Asseri, who served as first secretary to the consular office, applied for U.S. asylum in 2010 under a U.S. policy that offers asylum to foreign nationals belonging to a “particular social group,” including gays, who face persecution in their home country.
“It’s not a matter to be taken lightly and I’m sure the U.S. government is not taking it lightly,” said Ally Bolour, an American attorney representing Asseri. “It’s certain death,” he said, if his client is forced to return to Saudi Arabia.
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Bolour noted that gay sex is considered a crime punishable by execution under Saudi Arabia’s fundamentalist Islamic law. He said the country’s prosecutors routinely trump up sex-related charges against Saudi gays, effectively making homosexuality itself grounds for execution.
A recent U.S. State Department human rights report on Saudi Arabia says that under the country’s Islamic or Sharia law, consenting sexual relations between people of the same sex is “punishable by death or flogging.”
The DHS didn’t immediately respond to a request for comment on Asseri’s asylum case. DHS has said in the past that it never comments on pending cases. An official at the State Department, which has listed Saudi Arabia among countries that persecute gays, also declined to comment, saying it doesn’t discuss pending cases.
Bolour said that as part of its routine procedure for asylum cases, the DHS referred Asseri’s case to an immigration judge for an automatic appeal. He said he’s hopeful that the judge, on behalf of a special U.S. immigration court, will approve the asylum application. Should the judge deny the application, Asseri will appeal the case to the U.S. Court of Appeals, Bolour said.
“There’s a process that these things go through,” he said. “It was not approved in the first instance when we applied. Obviously, I think it should have been approved. But it hasn’t been denied and so we’re still on course.”
Bolour declined to provide details on how the Saudi consular office in Los Angeles discovered that Asseri is gay.
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However, he told the Blade that an MSNBC News report in September 2010 that first reported Asseri’s request for U.S. political asylum accurately reported on the details of the case as of a year ago.
According to the MSNBC report, Asseri told the broadcast news outlet that he had worked for the Saudi consular office in L.A. for five years. He told MSNBC that he discovered several months before filing his asylum application that Saudi consulate employees, who suspected he was gay, followed him to gay bars.
“It was sometime after these discoveries, Asseri said, that consulate officials began harassing him, refusing to renew his diplomatic passport or provide him with badly needed medical treatment for a painful back ailment,” MSNBC reported.
Consulate officials also demanded that he return to Saudi Arabia, MSNBC reported.
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“My life is in great danger and if I go back to Saudi Arabia, they will kill me openly in broad daylight,” MSNBC quoted him as saying in September 2010.
News of the DHS preliminary decision to withhold approving Asseri’s asylum application was first reported last week by Saudi American journalist and blogger Rasheed Abou-Alshamh on his blog RasheedsWorld.com.
Abou-Alshamh reported in his blog that a Saudi dissident in Washington named Ali al-Ahmed told him the decision to withhold Asseri’s asylum request was “a political decision by the Obama administration,” which, according to al-Ahmed, is “afraid of upsetting the Saudis.”
In his blog posting, Abou-Alshamh did not disclose al-Ahmed’s source or sources for his claim that the Obama administration orchestrated the withholding of the asylum request based on an alleged desire not to offend Saudi Arabia.
Attorney Bolour called the claim “outrageous” and “ludicrous,” saying the DHS decision to refer the asylum application to an immigration court judge is a routine bureaucratic procedure far removed from the White House or the president.
According to the DHS website, an initial decision on an asylum case is made by an asylum officer with the U.S. Citizenship and Immigration Services, which is an arm of the DHS.
Officials with the LGBGT advocacy groups Lambda Legal and Immigration Equality said they were following the Asseri case even though they were not directly involved. Immigration Equality Legal Director Victoria Neilson said the case was unusual because it’s rare that a diplomat like Asseri applies for U.S. asylum on grounds of anti-gay persecution.
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
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.”
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