National
DOJ finalizes rule to protect LGBT inmates against prison rape
Memo says immigration detention facilities will have to follow suit
The Justice Department made final a rule Thursday to prevent sexual abuse in federal prisons that included provisions aimed at providing better protection for LGBT inmates.
The rule, the first-ever federal effort to set standards at all jail facilities, is in accordance with the Prison Rape Elimination Act of 2003. It was first proposed last year.
According to a statement from the Justice Department, the standards require, among other things, that facilities try to prevent sexual violence in prison by incorporating the unique vulnerabilities of LGBT people as well as intersex and gender nonconforming inmates into training and screening protocols.
“Sexual violence, against any victim, is an assault on human dignity and an affront to American values,” President Obama wrote in a memorandum accompanying the announcement. “The Prison Rape Elimination Act of 2003 (PREA) was enacted with bipartisan support and established a ‘zero tolerance standard’ for rape in prisons in the United States.”
The standards include specialized training for prison staff and screenings in detention settings to determine if LGBT inmates are at higher risk for being targeted for sexual abuse. The new rule has particular impact on transgender inmates. Agencies must train security staff on respectful searches of transgender inmates; transgender people can’t be assigned to a male or female facility based solely on their anatomy; and transgender inmates will be given the opportunity to shower separately from other inmates.
LGBT advocates hailed the codification of the rule for extending new protections for LGBT inmates — who are seen as being more vulnerable to sexual violence while in prison. According to the National Center for Transgender Equality, one in three former transgender inmates report being sexually abused.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said “no one — and I mean no one” should be subjected to the pain and indignity of rape — even individuals who are incarcerated.
“By adopting these national standards to prevent, detect and respond to prison rape, the federal government put its foot down and said ‘no more.’ LGBT people, often the targets of brutality in detention settings, stand much to gain,” Carey said. “Lives are literally on the line, and these historic standards will help combat this terrible epidemic and lift our common humanity.”
Mara Keisling, executive director of the National Center for Transgender Equality, also called the finalization of the rule significant.
“We have an obligation as civilized people to protect the people we incarcerate,” Keisling said. “That has always been an American promise, but one we have barely tried to keep. These new standards, if fully implemented, have the potential to help us keep that promise at least in terms of sexual assault.”
The memorandum says that rule applies to facilities administered by agencies other than the Justice Department. Such facilities would likely include immigration detention facilities run by the private companies or the Department of Homeland Security. Agencies with federal confinement facilities not subject to the Justice Department’s final rule must propose within 120 days any rules or procedures necessary to satisfy the requirements of the law, and make final any such rules or procedures within 240 days of their proposal.
Peter Boogard, a DHS spokesperson, said his department “fully embraces” the law and looks forward to implementing the provisions under the new rule.
“The regulations will build on the substantial improvements we have made to agency policy and procedures to prevent, detect and respond to sexual abuse in immigration detention,” Boogard said. “DHS will move swiftly to promulgate these regulations and will work with the attorney general and others to ensure that the regulations satisfy the requirements of the statute.”
Mary Meg McCarthy, executive director of Heartland Alliance’s National Immigrant Justice Center, urged the Obama administration to monitor DHS closely to ensure the department implements the rule in a timely manner.
“The U.S. government has finally acknowledged that immigrant detainees must be protected from sexual violence while in immigration custody,” said McCarthy said. “We wish the regulations applied to immigration detention facilities immediately. Instead, DHS has another year to implement a law that has been on the books for nearly a decade. Some of the individual provisions announced today are evidence of the Obama administration’s commitment to protecting immigrants from abuse, particularly those who are vulnerable because of their sexual orientation or sexual identity.”
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
Federal appeals court rules White House illegally banned trans troops
Outright International honors Cyndi Lauper at annual NYC gala
Results from key Tuesday primary races
AIDS Healthcare Foundation announces 3 million people globally in its care
10 HIV/AIDS activists arrested on Capitol Hill
Time travelers from the AIDS era
Books for a pre-Pride celebration
Barney Frank’s powerful legacy for LGBTQ federal employees
Claudia López comes up short in Colombian presidential election
