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Court upholds Calif. law banning ‘conversion’ therapy

Anti-gay groups to appeal Ninth Circuit ruling

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California, Gov. Jerry Brown, Gay News, Washington Blade
California, Gov. Jerry Brown, Gay News, Washington Blade

California Gov. Jerry Brown signed the ‘ex-gay’ therapy ban into law in September 2012. (Photo public Domain)

The Ninth Circuit U.S. Court of Appeals on Thursday upheld a 2012 California law that prohibits licensed therapists from attempting to change the sexual orientation or gender expression of a person under the age of 18 through so-called “conversion” or “reparative” therapy.

The ruling by a three-judge panel states that two separate lawsuits filed by anti-LGBT groups challenging the law could not succeed in their assertion that the law infringes on the free speech rights of therapists who seek to perform the therapy.

The appeals court also rejected claims by the groups filing the lawsuits that the law, known as SB 1172, interferes with the rights of parents to provide therapy seeking to change the sexual orientation or gender expression of their children on religious grounds.

“Fundamental rights of parents do not include the right to choose a specific type of provider for a specific medical or mental health treatment that the state has reasonably deemed harmful,” 9th Circuit Judge Susan Graber wrote in the unanimous three-judge decision.

In defending the law, California officials argued that virtually all of the organizations representing the medical and mental health professions, including the American Psychiatric Association, have called the therapy harmful and ineffective in changing someone’s sexual orientation or gender identity or expression.

All of the nation’s leading medical and mental health organizations have also warned that therapy seeking to change someone from gay to straight, especially youth, places them at risk for depression and suicide.

“The court’s decision today on Senate Bill 1172 is a major victory for anyone who cares about the well-being of our youth,” said John O’Connor, executive director of the statewide LGBT group Equality California. “It will directly impact the lives of thousands of young people by protecting them from this horrific practice.”

Brad Dacus, president of the Pacific Justice Institute, one of the groups seeking to overturn the law, said the group plans to appeal the 9th Circuit Appeals Court’s decision.

“This decision is a dark day for those who believe in the First Amendment and the right of parents over the proper upbringing of their children,” the San Jose Mercury News quoted him as saying.

California Gov. Jerry Brown, who signed the measure into law in September 2012, said it was needed to protect children and teenagers under the age of 18 from “non-scientific ‘therapies’ that have driven young people to depression and suicide.”

Brown added, “These practices have no basis in science or medicine and they will now be relegated to the dustbin of quackery.”

The decision by the 9th Circuit panel followed an earlier split decision by two U.S. District Court judges in Sacramento last December. One of the judges ruled the lawsuit challenging the law had merit and issued a stay temporarily preventing the state from enforcing the law. Another District Court judge ruled that the plaintiffs in the lawsuit most likely could not succeed in their constitutional challenge because the law didn’t violate their free speech rights.

Thursday’s ruling by the 9th Circuit Court of Appeals panel upheld the ruling of the District Court judge who asserted the case challenging the law would not likely succeed on constitutional grounds.

However, the 9th Circuit panel ordered that the two cases be sent back to their respective District Court judges for deliberation and a decision on other legal challenges filed by the plaintiffs, according to a statement released on Thursday by the National Center for Lesbian Rights.

NCLR Legal Director Shannon Minter said the overall action by the 9th Circuit judges clears the way for the eventual permanent upholding of SB 1172.

“The court of appeals ruled in very clear terms that state-licensed therapists do not have a constitutional right to engage in discredited practices that offer no health benefits and put LGBT youth at risk of severe harm, including depression and suicide,” Minter said in a statement.

On Aug. 13, New Jersey Gov. Chris Christie signed a similar bill into law. Other bills calling for banning “conversion” therapy for minors have been introduced in Massachusetts, New York and Pennsylvania.

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Pennsylvania

Pa. House passes bill to repeal state’s same-sex marriage ban

Measure now goes to Republican-controlled state Senate

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Democratic-controlled Pennsylvania House of Representatives on July 2 passed a bill that would repeal the state’s same-sex marriage ban.

The marriage bill passed by a 133-68 vote margin, with all but one Democrat voting for it. Thirty-two Republicans backed the measure.

The bill’s next hurdle is to pass in the Republican-controlled Pennsylvania Senate.

State Rep. Malcolm Kenyatta (D-Philadelphia), a gay man who is running for state auditor, noted to the Pittsburgh Tribune-Review the bill would eliminate a clause in Pennsylvania’s marriage law that defines marriage as “between one man and one woman.” The measure would also change the legal definition of marriage in the state to “a civil contract between two individuals.”

Kenyatta did not return the Washington Blade’s requests for comment.

The U.S. Supreme Court in 2015 in Obergefell v. Hodges extended marriage rights to same-sex couples across the country. 

Justice Clarence Thomas in the 2022 decision that struck down Roe v. Wade said the Supreme Court should reconsider the Obergefell decision and the Lawrence v. Texas ruling that said laws that criminalize consensual same-sex sexual relations are unconstitutional. President Joe Biden at the end of that year signed the Respect for Marriage Act, which requires the federal government and all U.S. states and territories to recognize same-sex and interracial marriages.

Republican Virginia Gov. Glenn Youngkin earlier this year signed a bill that codified marriage rights for same-sex couples in state law. Pennsylvania lawmakers say the marriage codification bill is necessary in case the Supreme Court overturns marriage rights for same-sex couples in their state and across the country.

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Pennsylvania

Western Pa. transgender girl killed, dismembered

Pauly Likens, 14, brutally murdered last month

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(Photo courtesy of the LGBTQIA+ Alliance Shenango Valley)

Editor’s note: The Philadelphia Gay News originally published this story.

BY TIM CWIEK | Prosecutors are pledging justice for Pauly Likens, a 14-year-old transgender girl from Sharon, Pa., who was brutally killed last month. Her remains were scattered in and around a park lake in western Pennsylvania.

“The bottom line is that we have a 14-year-old, brutally murdered and dismembered,” said Mercer County District Attorney Peter C. Acker in an email. “Pauly Likens deserves justice, her family deserves justice, and we seek to deliver that justice.”

On June 23, DaShawn Watkins allegedly met Likens in the vicinity of Budd Street Public Park and Canoe Launch in Sharon, Pa., and killed her. Watkins subsequently dismembered Likens’s corpse with a saw and scattered her remains in and around Shenango River Lake in Clark Borough.

On July 2, Watkins was arrested and charged with first-degree murder, aggravated assault, abuse of a corpse and tampering with evidence. He’s being held without bail in the Mercer County jail.

The coroner’s office said the cause of death was sharp force trauma to the head and ruled the manner of death as homicide.

Cell phone records, social media and surveillance video link Watkins to the crime. Additionally, traces of Likens’s blood were found in and around Watkins’s apartment in Sharon, Pa., authorities say.

A candlelight vigil is being held Saturday, July 13, in remembrance of Likens. It’s being hosted by LGBTQIA+ Alliance Shenango Valley. The vigil begins at 7 p.m. at 87 Stambaugh Ave. in Sharon, Pa.

Pamela Ladner, president of the Alliance, mourned Likens’s death. 

“Pauly’s aunt described her as a sweet soul, inside and out,” Ladner said in an email. “She was a selfless child who loved nature and wanted to be a park ranger like her aunt.”

Acker, the prosecutor, said Likens’s death is one of the worst crimes he’s seen in 46 years as an attorney. But he cautioned against calling it a hate crime. “PSP [Pennsylvania State Police] does not believe it in fact is one [hate crime] because the defendant admitted to being a homosexual and the victim was reportedly a trans girl,” Acker asserted.

Acker praised the criminal justice agencies who worked on the case, including the Pennsylvania State Police, the Hermitage Police Department, the Sharon Police Department, park rangers from the Shenango Reservoir, Mercer County Coroner John Libonati, and cadaver dog search units.

“The amount of hours dedicated to the identification of the victim and the filing of charges against the defendant is a huge number,” Acker added. “We take the murder of any individual very seriously, expressly when they are young and brutally killed and dismembered.”

Acker also noted that all criminal defendants are presumed to be innocent until proven guilty in a court of law.

This is a developing story.

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National

TransTech Social removing barriers to trans success

‘Technology was the key to my freedom’

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From left, TransTech members B Hawk Snipes, E.C. Pizarro III, Ang R Bennett, and Adrian Elim. (Photo by Lexi Webster Photography)

It is common knowledge that women earn 84% of the average worker. Less common knowledge? Trans women earn 60% of the average worker. Trans men and non-binary people come in at around 70%, while 16% of all trans people make less than $10,000 annually. 

E.C. Pizarro was lucky, and he knew it. He had a BFA in graphic design and had taught himself how to code. As a stealth trans man in a corporate job, he had access to a stable wage and good benefits. “People that do not have experiences in corporate America or with equitable employment don’t realize [these things] are privileges that a lot of people don’t have access to.” 

He wanted to give back and was gearing up to bring more volunteer work into his life by participating in a fraternity for trans men. When he went to a TransTech event and learned about the educational and career resources for trans people who face barriers to entering the workforce, he knew he had found his place. 

At the event he met, Angelica Ross. Yes, that Angelica Ross, of “Pose” and “American Horror Story.”

Before she was Candy, Ross was a self-taught coder. She went from posing for an adult website to doing its back-end coding to teaching her trans siblings how to succeed in tech. 

“Technology was the key to my freedom,” Ross said in an interview with The Plug. “Technology took me from being exploited on someone’s website to building my own websites and to building websites for other people and getting paid to do so.”

Pizarro was impressed and wanted to help. “I went up to Angelica and I was like ‘Hey, I’m a trans man. These are my skills. I’m down to volunteer and do any type of work—the one caveat is that I’m stealth. You can’t tell anybody that I’m trans.’”

For four years, Pizarro helped from mostly behind the scenes, sometimes getting side-eyed since people thought he was a cis man in trans spaces. “I was still stealth as the Director of Social Media and Communications for the National Trans Visibility March in 2019,” Pizarro says, chuckling a little.

But by that point, Ross — who headlined the 2019 march — was overextended trying to balance being a world-famous actress, advocate, and businesswoman. 

She needed someone to step in as executive director of TransTech and looked to the group of dedicated volunteers. Pizarro was elected by his peers to take the reins of the organization. 

This was a turning point for Pizarro. “I’m very passionate about tech and for me a small sacrifice of being open with my trans experience to liberate other trans people,” he said. “I felt like if that’s something I got to do, then I’m gonna do it.”

And he did it. The infrastructure Ross put together worked: with mentorship, education, community, and networking with trans-accepting employers, trans people were gaining financial security and independence. 

So, Pizarro focused on expanding TransTech as widely as possible. “We have grown exponentially over the last three years,” he says. “When I took over in 2021, we had about 800 members based in the United States. Now we support over 6,700 members across 50 countries.”

TransTech is filling a demonstrated need within specifically the trans community. New research from LGBT Tech found that 68% of transgender adults use the internet to find LGBTQ-friendly employment (compared to 38% of cisgender LGBTQ+ adults). More than 70% of all LGBTQ adults use the Internet to access educational content.

Accessibility is central to the TransTech programming. Despite the growth, everything remains free. “There’s no membership fee. All of our programming is free. All of the certifications and educational resources are free,” Pizarro says. 

They know the financial burden the trans community faces — 29% of trans adults live in poverty. “If we’re asking anyone to up-skill [for a cost] and these are the things they are going through, we are asking them to invest in their future versus their meal today.” 

Pizarro believes that accessibility is more than just making the training free. He wants the community to understand that tech work is something they are innately capable of doing. 

“TransTech was built on the foundation of nontraditional tech. It’s not always coding. It’s graphic design. It’s social media. It’s video editing. It’s anything that uses a piece of technology and nowadays almost everything uses a piece of technology,” says Pizarro.

He emphasizes to participants: “You’re in tech and you don’t even know it,” pointing out how many already utilize tech skills like marketing and monetization with their social media accounts.

Some people involved in the programming are nervous about entering the “tech world” because of headlines about tech layoffs. He makes sure to emphasize that unlike in some other jobs, tech companies often pay generous severance packages, which gives employees “breathing room.” Pizzaro explains that “once you have experience with one tech company, you can go someplace else and make a substantial amount of money as well.” 

While TransTech is designed for the gender-diverse community, the programming is open to everyone Pizarro explains. “We just ask that you don’t be transphobic.” (Or any of the other -phobics too, he says, listing them off.) He also emphasizes that this allows trans members who are not out to comfortably participate. 

Pizarro wants everyone to understand that they don’t just belong in tech, but they make tech better. “Tech is most profitable when you have diverse people building the tech and using the tech,” Pizarro says. “There is an intentional funding as well as support to diversity tech because they understand how that impacts the product.”

He also reminds participants that they have developed transferrable skills in every part of their lives. “I like to tell people if you can manage your life as a trans person in the United States or anywhere you can manage a project.”

Angelica Ross was a self-taught coder before she hit it big with ‘Pose.’ (Washington Blade file photo by Linus Berggren)
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