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Elated plaintiffs call court decisions victory for families

Gay couple in Prop 8 case invites Obama to upcoming wedding

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David Boies, Proposition 8, gay news, Washington Blade
Proposition_8_plaintiffs_victory_with_David_Boies_and_Chad_Griffin_insert_c_Washington_Blade_by_Michael_Key

HRC President Chad Griffin joined plaintiffs in the Prop 8 case on the Supreme Court steps Wednesday. (Washington Blade photo by Michael Key)

The lesbian and gay couples that served as the main plaintiffs in Wednesday’s historic Supreme Court decision overturning California’s Proposition 8 ban on same-sex marriage said the decision would have a profound positive impact on gay families in their home state and beyond.

California residents Kris Perry, after whom the case has been named, and her partner Sandy Stier told reporters and a crowd of onlookers outside the Supreme Court that the enormity of the legal ramifications of the case was for them overshadowed by its impact on their family, especially their four sons.

“Today is a great day for American children and families,” Perry told the gathering. “Sandy and I want to say how happy we are not only to be able to return to California and finally get married but to be able to say to the children in California, no matter where you live, no matter who your parents are, no matter what family you’re in, you are equal.”

Perry added, “And today we go back to California and say to our own children, all four of our boys – your family is just as good as everybody else’s family. We love you as much as anybody else’s parents love their kids. And now we’re going to be equal to every other family in California.”

Californians Jeff Zarrillo and his partner Paul Katami, the other couple that served as lead plaintiff’s in the Prop 8 case, told the gathering outside the Supreme Court that they, too, look forward to returning to their home state to get married.

“Prop 8 allowed us to turn our anger into action,” Katami told the gathering. “So although we celebrate today, we work to make sure that everyone like Jeff and I and Kris and Sandy can just get married because it’s the natural next step in our relationship,” he said.

“We want to join the institution of marriage not to take anything away but to strengthen it, to live up to its ideals.”

In a development that prompted both cheers and tears from onlookers, Katami turned to Zarrillo, his voice breaking, and said, “And today I finally get to look at the man I love and say, ‘Will you marry me?’”

With Zarrillo nodding in the affirmative, the two men kissed and embraced as news photographers TV camera crews recorded their action.

Following the two couples’ initial comments, which came at a news conference organized jointly by the Human Rights Campaign and the American Foundation for Equal Rights (AFER), which initiated the legal challenge to Prop 8 five years ago, the couples walked along the sidewalk outside the Supreme Court building speaking to individual television news outlets whose camera crews lined the sidewalk.

During one of those interviews, HRC President Chad Griffin, who accompanied the couples, excitedly informed them that President Obama just called Griffin’s cell phone from Air Force One, which was taking the president on a state visit to Africa.

Reporters and onlookers watched with interest as Griffin handed his cell phone to the couples, who spoke briefly with Obama.

“It’s incredible,” Griffin told reporters minutes later. “The president just called from Air Force One and he was thanking our team and the plaintiffs for their courage. And he said because of their courage thousands upon thousands of people will be able to join in the celebration of marriage very soon,” Griffin said.

Katami and Zarrillo told people standing near them that they thanked the president for calling them and invited him to their wedding.

“They’re quick,” observed attorney Theodore Boutrous, the law firm partner of lead plaintiff attorney Ted Olsen in the Prop 8 case. Olsen, who was in court on Wednesday in an unrelated case in Philadelphia, wasn’t able to attend the Supreme Court session announcing the Prop 8 decision.

“They get the president on the phone and they invite him to their wedding,” said Boutrous. “So it’s exciting. Not too many cases end with such a joyous thing, that people who want to get married can get married. This is a good one,” he said.

Perry told the Blade she, too, was excited to hear from Obama.

“When the leader of the free world tells a couple like Sandy and I that he respects our relationship and he hopes we can get married soon and show our kids that we’re a family, it says everything,” she said. “We couldn’t be prouder to have him call and tell us that.”

Fred Sainz, HRC’s vice president for communications, said Edith Windsor, 85, the lead plaintiff in the DOMA case, which bears her name, would be celebrating the decision in New York City. Windsor is a New York State resident who challenged DOMA in court following the death of her wife, whom she married in Canada, and the refusal of the IRS to waive her estate tax in the same way that tax is waived for opposite-sex married couples.

With DOMA overturned Wednesday by the Supreme Court, Windsor’s attorneys are expected to call on the IRS to retroactively refund the estate tax she was forced to pay.

Windsor was also scheduled to serve as a grand marshal in New York City’s LGBT Pride Parade this weekend.

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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 Benedict’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: “From 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.”

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 Benedict’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.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’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 examiner’s office failed to deliver justice for Nex Benedict and Nex’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 Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’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.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’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 ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’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. It’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. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’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.”

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 Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

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

“The 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 Nex’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. What’s clear from Nex’s death, and from what we’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 Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’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.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’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 Benedict’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 can’t help but feel a sickness around all of it. As a trans person, reading a trans child’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 – 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.

“From 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,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’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 “Liish” Kozlowski, who is one of the country’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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