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Court: Trans inmate must receive gender reassignment surgery

Panel says denying procedure to prisoner cruel and unusual punishment

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National LGBT Bar Association, Gay News, Washington Blade

The First Circuit Court of Appeals ruled a trans inmate must receive gender reassignment surgery. (Image via wikimedia)

A federal appeals court ruled on Friday that a transgender inmate incarcerated for murdering her spouseĀ must receive taxpayer-funded gender reassignment surgery that was prescribed by her doctors.

In a 2-1 decision, a three-judge panel on the First Circuit Court of Appeals ruled that denying the procedure toĀ Michelle Kosilek, who was sentenced to life in prison for murdering his spouse in 1990, amounts to cruel and unusual punishment under the Eight Amendment to the U.S. Constitution.

The 90-page ruling was written by U.S. Circuit Judge Ojetta Rogeriee Thompson, an Obama appointee, who asserted the Massachusetts Department of Corrections denied Kosilek essential medical care by withholding from her gender reassignment surgery.

“Those findings ā€” that Kosilek has a serious medical need for the surgery, and that the DOC refuses to meet that need for pretextual reasons unsupported by legitimate penological considerations ā€” mean that the DOC has violated Kosilek’s Eighth Amendment rights,” Thompson writes.

The ruling upholds a decision fromĀ U.S. District Judge Mark Wolf in 2012 assertingĀ Kosilek has a right to gender reassignment surgery. The decision was controversial ā€” even among progressive leaders. Then-U.S. Senate candidate Elizabeth Warren (D-Mass.) said she didn’t think the surgery was a good use of taxpayer dollars.

Transgender rights groups lauded the decision from the First Circuit on the basis that prisoners ā€” even those who are transgender ā€” have a right to medical care during their incarceration.

Mara Keisling, executive director of the National Center for Transgender Rights, said the ruling “affirms the increasing consensus among the courts” that transgender-related health care is a right protected under the Constitution.

“Prisoner or not, people should have access to the healthcare they need,” Keisling said. “For some of us, that means sex reassignment surgery. While we celebrate today’s ruling, we know there’s more advocacy needed to ensure that allĀ transgenderĀ people have access to basic and necessary healthcare.”

Ilona Turner, legal director for the Transgender Law Center, said the First Circuit ruling upholds a constitutional right to essential medical treatment in prison.

“It is well established that the failure to provide essential medical care to people in prison is unconstitutional and amounts to torture,” Turner said. “This decision affirms that we as a society do not allow people to be tortured when they are in government custody.”

Afflicted with drug and alcohol problems at an early age,Ā Kosilek in 1992 was sentenced to life in prison after strangling her spouse Cheryl McCaul, a volunteer counselor at a drug rehabilitation facility. The incident took place after McCaul caught Kosilek wearing her clothing.

KosilekĀ is serving her sentence inĀ MCI-Norfolk, a medium security male prison, where she legally changed her name from Robert to Michelle.Ā SheĀ must receive gender reassignment surgery through taxpayer-provided funds because, as an inmate in prison, she lacks access to her own finances for the procedure.

The estimated cost for male-to-female reassignment is $7,000 to $24,000. A footnote in the First Circuit decision notes that figure “pales inĀ comparison to the amount of money it seems the state will beĀ expending to defend this lawsuit.”

U.S. Circuit JudgeĀ Juan Torruella, a Reagan appointee who wrote the dissent in the decision, said he doesn’t find any reason to require Massachusetts to provide gender reassignment surgery to Kosilek when other treatments are available.

“[G]iving due consideration to countervailing security concerns and based on a review of the record that shows the DOC’s proposed care was not outside the realm of professionalism, I cannot say that the DOC has failed to adequately care for Kosilek’s GID or callously ignored her pain,”Ā Torruella writes.

The decision could be appealed to the full First Circuit or the U.S. Supreme Court. The office of Massachusetts Attorney General Martha Coakley declined to comment on the next steps in the lawsuit.

Cara Savelli, a spokesperson for the Massachusetts Department of Correction, said the court ruling is under review.

“We are closely reviewing the lengthy decision issued today by the First Circuit Court of Appeals on this matter to determine next steps,” Savelli said.

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India

India broadcast authority asks TV station to delete video deemed offensive to LGBTQ community

Activist Indrajeet Ghorpad filed complaint

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(YouTube screenshot)

India’s News Broadcasting and Digital Standards Authority on Feb. 28 asked a television stationĀ to delete a video that contained objectionable remarks against the LGBTQ community.Ā 

TheĀ India TodayĀ video report’s headline was “Nudity sparks outrage at USA Pride parades: How India’s LGBTQ+ lead responsibly.”Ā The clip reportedly contained factual inaccuracies, spread fear and demonized the LGBTQ community.

NBDSA has asked India Today to remove all hyperlinks to the video from every one of its platforms.Ā The regulatory agency has issuedĀ guidelinesĀ for broadcasters about the LGBTQ community and asked to circulate it among all its editors and members. The broadcasting authority announced the directives after hearing a complaint thatĀ Indrajeet Ghorpad, an LGBTQ rights activist, filed.

Ghorpad said the program did not comply with the principles of “accuracy, neutrality, objectivity, good taste, decency and others.”Ā Ghorpad also said it portrayed Pride parades in the U.S. in a negative light and unfavorably compared them with India’s LGBTQ community.

The NBDSA had received several complaints on the community’s portrayal. It issued five guidelines to sensitize and bring objectivity when covering the LGBTQ community in India, apart from the existing code of ethics and broadcasting standards.

The NBDSA on March 1 issued guidelines on how to report on issues faced by the LGBTQ community with accuracy, objectivity and sensitivity, and further said that non-sensitive and inaccurate reporting regarding the community has serious social repercussions.

The guidelines say “reporting should not sensationalize or create panic, distress or undue fear among viewers.” They also state broadcasters must avoid broadcasting any news that sensationalizes the issues related to the LGBTQ community, perpetuates stereotypes or creates fear in respect of the community.

The recommendations say broadcasters should refrain from using any expression or slur that may be construed as “hate speech” against the LGBTQ community. They also note broadcasters while covering any issue concerning the LGBTQ community must ensure their reporting does not promote homophobia or transphobia, or negative stereotypes about the LGBTQ community.

The guidelines say broadcasters must respect the privacy of LGBTQ people and not disclose personal information, including gender identity or sexual orientation of a person without their consent. The guidelines further state broadcasters should use inclusive and gender-neutral language, and respect the individuals’ preferred pronouns and names. Broadcasters, according to the guidelines, must strive for diverse representation in their coverage of the LGBTQ community and ensure voices from different segments of the LGBTQ community are provided a platform to express their views.

The incident is not a first Indian media. 

TV9 Telugu, a Telugu language television station, in 2011 did a sting operation on LGBTQ members of a gay dating site, over which the news channel faced the community’s wrath in Mumbai, India’s financial capital. The channel at that time broadcasted the operation all over the country and released profiles and pictures of the site’s users. 

The LGBTQ community protested outside the channel’s office in Mumbai by wearing condoms on their middle fingers.

NBDSA in April 2022 sanctioned TV9 Telugu,Ā andĀ Sakshi TV, another Telugu-language 24-hour news channel, for sensationalizing a police raid in Hyderabad after neighbors complained of loud noise. The two channels broadcasted visuals of the party and individuals attending it, violating privacy and highlighting their sexual orientation without their consent.

Negha Shahin, a transgender Indian actress, told the Washington Blade that social media today has become an unsafe, toxic and hate-spreading tool with regards to trans and queer people.

“Mocking LGBTQIA+ folks is becoming a new trend. Content creators are creating content against queer folks, dangerous things are getting attention and triggering homophobia and transphobia,” said Shahin. “Meanwhile TV media like India Today is playing major part and considered as responsible news network. If they did not follow the guidelines then how will the society will follow? Journalists, politicians, actors, police, lawyers whoever addressing issues related to (the) minorityĀ communityĀ in India, should mind the glossary. They cannot be transphobic or homophobic. They cannot oppress, misgender, following stereotypes and creating false statement or news in the media.”

Shahin said news channels in India that do not following the guidelines are showing their hatred against the LGBTQ community. She said these incidents remind everyone that uprooting stereotypes and homophobia from society in every form is important.

Harish Iyer, a prominent equal rights activist in India, told the Blade that accepting different sexuality is not a Western or Indian concept, but rather a scientific one that cuts across geographies and sex.

“If channels are broadcasting this, they are not doing against gender or sexuality but against science and humanity,” said Iyer. “More than expunging and deleting the video, the corrective actions like watchdogs will ensure corrective actions are required. The guidelines are in sync with what the Supreme Court of India and the Constitution of India stand for. With a name like India Today, they stand against the very tenet of Indianism which is enshrined in the constitution that provides equal opportunity and equal protection of the law against any discrimination regardless of gender and sexuality, so I think, India Today, should not have the India in their name because that goes against the tenet of Indian constitution and the Supreme Court’s verdict as well. There should be something mandatory for the news channels, and not just the guidelines.”

India Today did not respond to the Blade’s multiple requests for comment.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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Virginia

Arlington church seeks to offer LGBTQ-affirming senior housing

Project by Clarendon Presbyterian faces opposition from residents

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Clarendon Presbyterian Church (Washington Blade photo by Lou Chibbaro, Jr.)

Leaders and members of the Clarendon Presbyterian Church, which will celebrate its 100th anniversary on April 13, have said they decided to continue to fulfill their mission of religious faith by using the land on which their church is located in the Clarendon section of Arlington, Va., to develop a new, larger church building to include LGBTQ affordable housing for seniors along with an independently run childcare center that currently operates in the church.

ā€œIn line with the churchā€™s deep history of supporting affordable housing, LGBTQ communities, and seniors, in 2021, the church relaunched a visioning process of how we might invest our most valuable physical resources, our church property, for the good of the community,ā€ church leaders said in a Feb. 9, 2024, statement describing the project.

The statement says that in 2022, the congregation voted to partner with the Arlington Partnership for Affordable Housing (APAH), a real estate development company that specializes in affordable housing projects. Through that partnership, the statement says, the two partners in June of 2023 applied to the Arlington County government for a zoning change that would allow the construction of a building that could accommodate as many as 92 residential apartments for seniors 55 or 62 and older.

Among other things, the project calls for demolishing the current church building and constructing a new, larger building that would include a smaller version of the church space for its religious services as well as space for 40 to 58 children ages two through six at the Clarendon Child Care Center, which has operated at the church for more than 60 years.

Rev. Alice Tewell, the current pastor at Clarendon Presbyterian Church, told the Washington Blade another important factor contributing to the decision to redevelop the church property is the high cost of maintaining a 100-year-old building and its aging infrastructure that was becoming less and less affordable for the churchā€™s budget. And like many churches across the country, the membership of Clarendon Presbyterian Church has declined over the years, making it no longer necessary for a worship service space as large as that in the current church building, Tewell said.

The statement describing the development plan says that without a major redevelopment project, the church could no longer afford to remain in the current building, forcing it to move to another location outside of Clarendon and possibly outside of Arlington. 

According to Rev. Tewell, the redevelopment decision came after several years of internal discussion, meetings with longtime church allies, including members of the LGBTQ community and other community groups.

ā€œAnd after all these conversations, we came to where we could serve Christ, which is part of our faith, and where we could be good neighbors in Arlington ā€“ would be to tear down our entire property and rebuild so it would include senior affordable housing as LGBT welcoming, a new church space, which we also plan to turn into a community space, and the new space for our preschool center,ā€ Tewell told the Blade.

She noted that the churchā€™s location at 1305 N. Jackson St. is walking distance to the Clarendon Metro station and many local amenities such as restaurants and retail stores, making it a convenient location for the senior residents in the redeveloped space. 

She also points out that church members have consulted with the New York-based LGBTQ seniors advocacy organization SAGE, which informed them of the great need for LGBTQ welcoming senior housing, including in Northern Virginia.

But news of the churchā€™s redevelopment project, especially reports that it would include a proposed 92-unit apartment building, prompted many nearby residents to raise strong objections and to call on the Arlington County Board, which must make a final decision on a zoning change, to deny the zoning change request.

Most of the opposition comes from residents of single-family houses, who point out that the church is located in a largely low-density residential neighborhood with just a few nearby low-rise apartment buildings. In August of 2023, a group of nearby residents created an online petition that gathered at that time more than 1,000 signatures calling for the county to turn down the church development project.

ā€œWe, the concerned residents of Arlington, Virginia, stand united in opposition to the proposed destruction of the historic, over 100-year-old, Clarendon Presbyterian Church (CPC) and the subsequent construction of a massive 6-story apartment building having 100 units within our cherished residential neighborhood,ā€ the petition states. ā€œWe believe that this development project will have serious detrimental effects on our communityā€™s character, quality of life, and historic heritage,ā€ it says.

The Arlington Partnership for Affordable Housing, or APAH, the development company working in partnership with the church, submitted an official application on June 29, 2023, for a Special General Land Use Plan Study calling for the needed zoning change for the church project with Arlington County Zoning Administrator Arlova Vonhm. APAH officials have said the initial application was the first of a multi-step process seeking final approval of the project.

Garrett Jackson, APAHā€™s Director of Resource Development and Communications, told the Blade that APAH on behalf of the church asked the Zoning Administrator to put the application on hold while the church and APAH consider revisions for the project.

ā€œWe are currently working with our architect, engineer, and construction management team to assess the feasibility of different development options while also considering feedback we have received from the county and the community,ā€ Jackson told the Blade in a March 15 email.

In a phone interview with the Blade on March 21, Jackson and APAH officials Mitchell Crispell and Brian Goggin, said the decision to put the project on hold did not come as a result of an informal message from the Zoning Administrator that the project was about to be turned down. 

ā€œSo, we were the ones that put it on hold,ā€ said Crispell, APAHā€™s Director of Real Estate Development. ā€œIt wasnā€™t the county that said no to us at all. We wanted to kind of pause for a minute and consider our options, the feasibility of different options and the development plans,ā€ he said.

Crispell noted that the decision to put the project on hold came last fall, a few months after the application was submitted in June and after strong opposition to the project surfaced by nearby residents. Crispell, Jackson, and Goggin pointed out, however, that opposition to development projects is a common phenomenon in Arlington and other jurisdictions and that ongoing dialogue between developers and concerned residents often leads to a resolution to the objections.

ā€œWe understand the back and forth that it takes to get these projects to fruition,ā€ Jackson said. ā€œSo, youā€™ve got to rest assured that this is very much a part of the very thorough process that both APAH and the county go through regularly to make sure that weā€™re getting the absolute best product in the actual building that will go up for Clarendon Presbyterian Church and for the future residents,ā€ Jackson points out.

Jackson and his two APAH colleagues said they couldnā€™t immediately predict when they will resubmit the application for the zoning change. Spokespersons for the Zoning Office, the Arlington County Board, and Arlington County Manager Mark Schwartz didnā€™t immediately respond to a request by the Blade for comment on the church project and the likelihood of the county approving the project.

Among those supporting the church project is James Fisher, a longtime Arlington LGBTQ rights advocate and longtime church member. Fisher and Arlington gay civic activists Jay Fisette, a former elected member of the Arlington Board, and longtime Arlington resident Bob Witeck, who support the project, told the Blade they believe many nearby residents also support the church development project.

Fisette and Witeck said they do not believe anti-LGBTQ bias is a significant factor, if a factor at all, in the opposition to the church project.

ā€œI personally observe this as disquiet about building a larger and taller presence in a space that abuts residential neighbors unsure of the implications or stresses that might come,ā€ Witeck said. ā€œIā€™m no Pollyanna, but really believe that with time, this change will be smoother than people fear or imagine,ā€ he said.

Fisette said the church project comes a short time after the Arlington County Board adopted an ā€œExpanded Housing Optionsā€ policy that allows for larger residential buildings in some areas originally zoned for low-density, single-family homes. This change drew objections among many residents in areas similar to where Clarendon Presbyterian church is located.

ā€œI would say the LGBTQ elements of the proposal are likely more of a plus than a minus,ā€ Fisette told the Blade. ā€œI expect 99 percent of any resistance-anxiety relates to density  and the real-feared impacts of that density,ā€ he said.

Tewell told the Blade the churchā€™s support for the LGBTQ community dates back to the 1980s, when church members voted in support of a then-controversial proposal to allow the D.C.-based Whitman-Walker Clinic, which had a Northern Virginia outreach, to use space in the church for a support group for people with HIV/AIDS and for HIV caregivers.

ā€œAnd that started changing the church to becoming a church that was very welcoming to LGBTQ people,ā€ she said, adding that the church subsequently opened its door for LGBTQ community events, some of which were organized by gay church member James Fisher. Among those using the church now is IMPACTO LGBT, a Spanish-speaking LGBT church that holds its worship services at Clarendon Presbyterian Church.

ā€œThis is how we are living out our faith in the world,ā€ Tewell said. ā€œWe worked out what does Godā€™s embodied love look like for the world? And how do we embody Godā€™s grace, justice, and love? And we really feel that it is through housing for seniors that is welcoming to LGBTQ+ people,ā€ she added. ā€œAnd to transform our church space so itā€™s better equipped to welcome the community.ā€

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Obituary

Joe Lieberman dies at 82

Former senator, vice presidential nominee championed ‘Don’t Ask, Don’t Tell’ repeal

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Then-U.S. Senator Joe Lieberman (I-Conn.) being interviewed in his Hart Senate Office Building suite in February 2012. (YouTube screenshot)

Former U.S. Sen. Joe Lieberman of Connecticut, who had served first as a longtime Democratic senator and then declared himself an independent winning reelection in 2006, died Wednesday at New York-Presbyterian Hospital due to complications from a fall. He was 82 years old.

The announcement of his death was released by Liebermanā€™s family and noted ā€œhis beloved wife, Hadassah, and members of his family were with him as he passed. Senator Liebermanā€™s love of God, his family and America endured throughout his life of service in the public interest.ā€ 

Lieberman, who nearly won the vice presidency on the Democratic ticket with former Vice President Al Gore in the disputed 2000 election and who almost became Republican John McCainā€™s running mate eight years later, viewed himself as a centrist Democrat, solidly in his partyā€™s mainstream with his support of abortion rights, environmental protection, gay rights and gun control, the Washington Post reported.

The Post added that Lieberman was also unafraid to stray from Democratic orthodoxy, most notably in his consistently hawkish stands on foreign policy.

Lieberman was first elected to the U.S. Senate as a Democrat in 1988. He was also the first person of Jewish background or faith to run on a major party presidential ticket.

In 2009 he supported the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which was passed as an amendment to the National Defense Authorization Act for Fiscal Year 2010 on Oct. 22, 2009, and then was signed into law on the afternoon of Oct. 28 by then-President Barack Obama.

Lieberman, who served in the Senate for more than two decades, alongside with U.S. Sen. Susan Collins (R-Maine), were the original co-sponsors of the legislation in the successful effort to repeal the Pentagon policy known as ā€œDonā€™t Ask, Donā€™t Tell,ā€ which barred open service by gay and lesbian servicemembers in 2011.

Lieberman said the effort to repeal ā€œDonā€™t Ask, Donā€™t Tellā€ in Congress was one of the most satisfying and thrilling experiences heā€™s had as a senator.

ā€œIn our time, I think the front line of the civil rights movement is to protect people in our country from discrimination based on sexual orientation ā€” all the more so when it comes to the United States military, whose mission is to protect our security so we can continue to enjoy the freedom and equal opportunity under law,ā€ Lieberman said.

In an statement to the Washington Blade on Wednesday, Human Rights Campaign Vice President for Government Affairs David Stacy said:

ā€œSenator Lieberman was not simply the lead Senate sponsor of the repeal of ‘Donā€™t Ask, Donā€™t Tell’ ā€” he was its champion, working tirelessly to allow lesbian, gay, and bisexual people to serve in the military as their authentic selves. The nationā€™s first Jewish vice presidential nominee, Lieberman had a historic career and his unwavering support for lesbian, gay and bisexual military servicemembers is a powerful legacy. Our hearts go out to his family and friends as they grieve a tremendous loss.ā€

In September 2011, during a press conference marking the repeal of the Pentagon policy, questions emerged about how to extend greater benefits to LGBTQ service members.

In addition to the legislation that would repeal ā€œDonā€™t Ask, Donā€™t Tell,ā€ reporters asked lawmakers about legislation in the Senate known as the Respect for Marriage Act which was aimed at the repeal of the Defense of Marriage Act, which prohibited same-sex marriage. Collins and Lieberman werenā€™t co-sponsors of that legislation.

Collins had left the news conference at the start of the question-and-answer period. In response to a question from the Blade, Lieberman offered qualified support for the Respect for Marriage Act.

The Connecticut senator said he had issues with the ā€œfull faith and creditā€ portion of the Respect for Marriage Act enabling federal benefits to flow to married gay couples even if they live in a state that doesnā€™t recognize same-sex marriage.

ā€œI do support it in part ā€” I think weā€™ve got to celebrate what weā€™ve done today ā€” I certainly support it in regard to discrimination in federal law based on sexual orientation,ā€ Lieberman said.

That issue became a mute point after June 26, 2015, when in a landmark decision of the U.S. Supreme Court, Obergefell v. Hodges, justices ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment.

Lieberman by that time however, had retired from the U.S. Senate. He announced he would not seek another term on Dec. 12, 2012, and left the Senate the following year. He was succeeded by Democratic Congressman Chris Murphy.

Following his retirement from the Senate, Lieberman moved to Riverdale in the Bronx and registered to vote in New York as a Democrat. 

In 2024 Lieberman was leading the search to find a presidential candidate for the third-party group No Labels to run against former President Donald Trump and incumbent President Joe Biden, with whom he had served with in the Senate.Ā 

In a post on X (formerly Twitter) former President Barack Obama paid tribute to Lieberman:

“Joe Lieberman and I didnā€™t always see eye-to-eye, but he had an extraordinary career in public service, including four decades spent fighting for the people of Connecticut. He also worked hard to repeal ā€œDonā€™t Ask Donā€™t Tellā€ and helped us pass the Affordable Care Act. In both casesĀ the politics were difficult, but he stuck to his principles because he knew it was the right thing to do. Michelle and I extend our deepest condolences to Hadassah and the Lieberman family.”

Liebermanā€™s funeral will be held on Friday atĀ Congregation Agudath Sholom in his hometown of Stamford, Conn. An additional memorial service will be announced at a later date.

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