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Delaware approves marriage equality

Gov. Jack Markell signed HB 75 into law after it passed by 12-9 vote margin.

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Jack Markell, Delaware, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade
Jack Markell, Delaware, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Gov. Jack Markell on Tuesday signs Delaware’s same-sex marriage bill into law in Dover, Del. (Photo courtesy of Patrick Jackson)

The Delaware Senate on Tuesday approved a bill that will allow same-sex marriage in the First State.

The 12-9 vote came more than three hours after lawmakers began to hear testimony from House Bill 75 supporters and opponents.

Senate President Pro Tempore Patricia Blevins (D-Elsmere,) Senate Majority Whip Margaret Rose Henry (D-Wilmington) and Senate Majority Leader David McBride (D-Hawkā€™s Nest) voted for HB 75 alongside state Sens. Brian Bushweller (D-Dover,) Catherine Cloutier (R-Heatherbrooke,) Bethany A. Hall-Long (D-Middletown,) Robert Marshall (D-Wilmington,) Harris McDowell (D-Wilmington,) Karen Peterson (D-Stanton,) Nicole Poore (D-New Castle,) David Sokola (D-Newark) and Bryan Townsend. Senate Minority Whip Gregory Lavelle (R-Sharpley) and Senate Minority Leader Gary Simpson (R-Milford) voted against the proposal along with state Sens. Colin Bonini (R-Dover,) Bruce Ennis (D-Smyrna,) Gerald Hocker (R-Ocean View,) David Lawson (R-Marydel,) Ernesto Lopez (R-Lewes,) Brian Pettyjohn (R-Georgetown) and Robert Venables (D-Laurel.)

ā€œIt is about treating couples the same under the law as all other couples,ā€ Equality Delaware President Lisa Goodman said. ā€œIt is about treating similarly situated people the same.ā€

Peterson came out as a lesbian while she spoke in support of House Bill 75.

ā€œWe are not seeking to redefine marriage,ā€ she said, noting she and her partner of more than 20 years entered into a civil union once the stateā€™s civil unions law took effect in Jan. 2012. ā€œWe are seeking to expand the definition of marriage just as the Supreme Court did in the Loving v. Virginia case.ā€

Venables noted ā€œanatomyā€ means ā€œa man should not be marrying a manā€ as he spoke against House Bill 75.

ā€œThis is a step to break [marriage] down,ā€ he said.

Father Leonard Klein of the Diocese of Wilmington also testified against the proposal.

ā€œMarriage exists obviously we believe by the will of God because the sexual orientation between men and women tends to create babies,ā€ he said. ā€œBecause of this, every human culture has found some way to see to it that children conceived by the interaction by men and women are raised ideally by the people who brought them into the ages.ā€

Lopez, whose district includes Rehoboth Beach, said on the Senate floor he and his family experienced “hate” during the final weeks of his campaign against gay Realtor Andy Staton last fall because of the fliers the Delaware Liberty Fund, an independent LGBT PAC, distributed. He said they came from and were “paid for from individuals who now support marriage equality.”

The Victory Fund, which endorsed Staton, declined to comment on Lopez’s claims.

Staton described the fliers to the Washington Blade on Wednesday as “unfortunate.”

Lopez did not immediately return the Blade’s request for comment, but Staton criticized his former opponent for voting against HB 75.

“He misrepresented his district,” Staton said. “This is a district that strongly favored marriage equality and it was unfortunate that he could not side with those people that were in favor for equality for all of us here in Delaware.”

Neighboring Maryland is among the nine states and D.C. in which same-sex couples can currently marry.

Gays and lesbians can legally tie the knot in Rhode Island on Aug. 1 after the stateā€™s same-sex marriage law that Gov. Lincoln Chafee signed last week takes effect.

Gov. Jack Markell signed HB 75 into law shortly after the Senate approved it.

ā€œToday, we wrote a new chapter in our history and proved, once again, justice and equality continue to move forward in Delaware,ā€ he said. ā€œBy signing House Bill 75 into law, we are another step closer towards achieving that goal.ā€

Delaware Sen. Chris Coons is among those who also applauded HB 75’s passage.

ā€œThis is a truly historic day for our state,ā€ he said. ā€œThe passage of HB 75 ushers in a new era of equality in our state and marks an important moment in our stateā€™s history. I am incredibly proud.ā€

ā€œIn Delaware, we do what is right for our citizens,” state Rep. Melanie George Smith (D-Bear,) who introduced HB 75 in the Delaware House of Representatives last month, added. ā€œThis bill is about equality and treating all couples in a loving, committed relationship with equal respect and dignity.”

Victory Fund CEO Chuck Wolfe also praised Peterson for coming out as he applauded the measureā€™s approval.

ā€œWe congratulate Sen. Peterson for telling her colleagues what marriage equality means to her and her partner and for standing up for freedom and fairness for everyone in Delaware,ā€ he said.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedictā€™s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: ā€œFrom the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.ā€

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedictā€™s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

ā€œAs our community continues to grieve and remember Nex, itā€™s clearer than ever that everyone from Oklahomaā€™s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examinerā€™s office failed to deliver justice for Nex Benedict and Nexā€™s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nexā€™s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,ā€ McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; ā€œTodayā€™s news is the latest disappointing development in Nex Benedictā€™s tragic story. The best way to honor Nexā€™s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.ā€

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedictā€™s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month agoĀ calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

ā€œSince Nexā€™s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. Itā€™s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “Itā€™s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nexā€™s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.ā€

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nexā€™s death. Our hearts remain with Nexā€™s family, with Oklahomaā€™s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.ā€

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

ā€œThe full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nexā€™s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. Whatā€™s clear from Nexā€™s death, and from what weā€™ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahomaā€™s kids actively foster the hostile environment that makes students unsafe.

The release of todayā€™s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.ā€

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRCā€™s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedictā€™s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I canā€™t help but feel a sickness around all of it. As a trans person, reading a trans childā€™s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations ā€“ an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

ā€œFrom restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,ā€ said Heng-Lehtinen. ā€œTRANSform the Vote presents a historical moment for us to empower our community ā€” casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.ā€

Finke, Minnesotaā€™s first openly trans lawmaker who wrote the stateā€™s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, weā€™ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia ā€œLiishā€ Kozlowski, who is one of the countryā€™s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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