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Anti-trans referendum won’t make 2014 California ballot

Opponents of law found to be 17,276 short of valid names

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

Gov. Jerry Brown signed a law that says schools must allow trans students to use the bathrooms and locker rooms and play on sports teams that match their gender identification. (Photo public Domain)

Despite the efforts of anti-transgender groups, a referendum on a law allowing California students to participate in student activities in accordance with their gender identity won’t appear before state voters in 2014.

On Monday, California Secretary of State Debra Bowen announced via Twitter that the signature check on the referendum for the law, known as the School Success & Opportunity Act, didn’t yield enough valid signatures to place the measure on the state ballot. A spokesperson for the office confirmed for the Blade the measure failed to qualify.

After a signature-check process that lasted months, state officials found opponents of the law submitted 487,484 valid names — which is 17,276 short of the necessary 504,760 names to qualify. They submitted 619,387 names, but 131,903 were deemed invalid.

The law, signed by California Gov. Jerry Brown on Aug. 13, requires California public schools to respect students’ gender identity and ensures transgender students have access to school activities, facilities and sports teams in accordance with their gender identity. But critics say it violates the rights of students who may feel uncomfortable sharing facilities with someone of a different biological sex.

LGBT advocates responded to the news by saying the law, which went into effect Jan. 1, ensures all students, including those who are transgender, can do well in school.

Masen Davis, executive director of the San Francisco-based Transgender Law Center, said the law fosters a positive environment for students in California schools.

“This law gives schools the guidelines and flexibility to create an environment where all kids have the opportunity to learn,” Davis said. “We need to focus on creating an environment where every student is able to do well and graduate. This law is about doing what’s best for all students — that’s why it’s supported by school boards, teachers, and the PTA.”

The Transgender Law Center is part of a coalition known as the Support All Students campaign, which consists of nearly 100 state and national organizations including Equality California, National Center for Lesbian Rights, ACLU of California, Gay-Straight Alliance Network, the L.A. Gay & Lesbian Center and Gender Spectrum.

Chad Griffin, president of the Human Rights Campaign, said the failure of the referendum to qualify for the ballot reflects the growing support for transgender rights.

“The forces of discrimination tried to go after California’s LGBT young people, and it’s a sign of our progress that they fell short of their goal,” Griffin said. “Yet unfortunately there are groups out there that are actively working to make the lives of LGBT youth harder. This law does nothing more than safeguard transgender students from being excluded and ensures all students are provided the same opportunities – regardless of gender identity.”

The lack of insufficient valid signatures to place the measure on the ballot isn’t surprising. John O’Connor, executive director of Equality California, predicted in November that it was “unlikely, [but] it’s not impossible” for the measure to qualify given the signature validation rate at that point.

Enough signatures deemed valid last month after a randomized spot-check was conducted to trigger a full count of all of the signatures acquired in the 58 counties. But, as revealed on Monday, the full count revealed the anti-trans campaign had failed to gather enough names to put the issue up for referendum.

Brad Dacus, president of the Pacific Justice Institute, nonetheless vowed in a statement to continue the fight against the trans student law through other means.

“Make no mistake, Pacific Justice Institute is committed to protecting the privacy of children,” Dacus said. “We are ready to review and challenge every signature that was not counted towards the referendum of this impudent and in-your-face bill. Our children’s privacy is worth doing all that we can.”

The statement says the Privacy for All Students, the coalition behind the referendum effort, has a right to review and appeal to the courts each of the around 131,000 signatures that were rejected. Additionally, the organization “to defend any child who has their privacy rights violated” because of the trans law.

It’s also still possible for opponents of the law to repeal it through a separate ballot initiative process different from the referendum process. But the deadline has passed for such a measure to qualify for the 2014 ballot, so the soonest that would be is 2016. A statutory ballot initiative would require 504,760 signatures to qualify for the ballot; a constitutional amendment would require 807,615 names.

Erik Olvera, spokesperson for the National Center for Lesbian Rights, said the odds aren’t favorable for path anti-trans groups have to strip the student law from the books.

“They would have to do an initiative or go to the legislature — both very hard,” Olvera said.

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4 Comments

4 Comments

  1. David Kay

    February 25, 2014 at 5:44 am

    Are pervert going to suddenly identify as "female", just so they can go into female locker room, etc?

    So much easier than trying to poke a hole through the wall and legally protected. If they bring in cell phone, they can even take pictures of naked girls showering.

    • Chris

      February 25, 2014 at 3:26 am

      behold, the logic of the people opposed to the new law. small wonder they couldn’t gather the signatures to put this on the ballot.

    • Doug

      February 25, 2014 at 4:40 pm

      Please don’t presume to imagine that everyone will stoop to your level….

    • rachel

      February 26, 2014 at 9:12 pm

      O generation of vipers, how can ye, being evil, speak good things? for out of the abundance of the heart the mouth speaketh. 35 A good man out of the good treasure of the heart bringeth forth good things: and an evil man out of the evil treasure bringeth forth evil things. 36 But I say unto you, That every idle word that men shall speak, they shall give account thereof in the day of judgment. 37 For by thy words thou shalt be justified, and by thy words thou shalt be condemned.

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Virginia

Va. businessman apologizes for burning of rainbow flag poster

‘Shocked and horrified’: Ashburn incident caught on video

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Organizers of an event where a Pride symbol was burned say the incident was a misunderstanding.

The owner of a Virginia technology company that hosted a private Veterans Day party on the grounds of an Ashburn, Va., brewery in which a company employee used a flame-throwing device to ignite a rainbow flag poster said the selection of the poster was a mistake and he and his company have no ill will toward the LGBTQ community.

The Washington Blade learned about the poster burning from a customer of the Old Ox Brewery in Ashburn, where the incident took place on its outdoor grounds. The customer made a video of the incident with his cell phone and sent a copy of the video to the Blade.

The video, which includes an audio recording, shows a man using a hand-held flame-throwing device to ignite the rainbow poster, which was hanging from a cable and appeared to be mounted on cardboard or a thin sheet of wood. Bystanders can be heard laughing and cheering as the poster is set on fire.

The poster consisted of a variation of the LGBTQ Pride rainbow flag that included the word “love” configured from an upper white stripe on the rainbow symbol.

The customer who took the video, who has asked not to be identified, thought the decision to set the poster on fire was a sign of disrespect if not hatred toward a longstanding symbol of LGBTQ equality and pride.

Chris Burns, Old Ox Brewery’s president, shared that view, telling the Blade he and his staff were “shocked and horrified” when they learned later that a rainbow flag poster had been burned on the brewery’s grounds. Burns said Old Ox supports the LGBTQ community and participated in LGBTQ Pride month earlier this year.

He said the company that held the private party paid a fee to hold the event on the brewery’s grounds, but the brewery did not know a rainbow poster would be burned.

“I’m mortified that our event was interpreted in this way,” said Nate Reynolds, the founder and partner of Hypershift Technologies LLC, the Falls Church, Va.-based technology company that organized the Nov. 11 party at Old Ox Brewery. “I can assure you that ZERO ill-will or offense was meant,” Reynolds told the Blade in a Nov. 24 email.

“We held a small private party for a few clients, which included a demonstration of Elon Musk’s Boring Company ‘Not a Flamethrower,’” he said in his message. He was referring to one of billionaire businessman Elon Musk’s companies that specializes in boring through the ground to create tunnels for cars, trains, and other purposes. 

“After so many being isolated during COVID, we wanted to have an event that was lighthearted and to some small effect, silly,” Reynolds said in his message to the Blade.

According to Reynolds, in thinking about what should be used for “fodder” for the flame-thrower, he went to a Five Below discount store and purchased items such as stuffed animals and posters, including a “Space Jam” movie poster as well as what he thought was a poster of the British rock group The Beatles.

“When I pulled the Beatles poster out of the tube it was instead the ‘Love’ poster,” he said, referring to the rainbow flag poster the Blade asked him about in an earlier email.

“All I focused on was the ‘Love’ wording and not the rainbow and did not draw the conclusion that the poster was an icon that represents the LGBTQ community,” Reynolds said. “It was my own ignorance of not connecting the symbolism of the poster. If I had realized it was a symbol of the LGBTQ community, I would not have used it,” he said.

“I feel terrible, and I want to emphasize that I am solely responsible for this mistake – not the Old Ox Brewery,” he wrote in his message. “Nobody at Old Ox had anything to do with this activity.”

Reynolds added, “Hate has no place in my heart, and I sincerely apologize for any offense that could have been drawn from what I now realize was poor judgement on my part. I simply didn’t correlate this poster with the LGBTQ pride symbol.”  

(Washington Blade photo by Michael Key)

Before Reynolds issued his statement of apology, Burns, the Old Ox Brewery co-owner, told the Blade in an email he was “saddened and upset” over the rainbow poster burning on the grounds of his brewery.

“We do not wish to benefit from this event,” he said in his email message. “Therefore, Old Ox is donating 100% of the revenue generated from the private event to GLSEN.”

GLSEN is a national LGBTQ advocacy group that focuses on education and support for LGBTQ youth. Burns said Old Ox Brewery also donated proceeds from a Pride month event it organized earlier this year to GLSEN.

LGBTQ activists and organizations contacted by the Blade said they were unfamiliar with the variation of the rainbow flag with the word “love” that was the subject of the poster burning incident. The poster is available for sale at Five Below stores in the D.C. metropolitan area for $5.

Small print writings on the poster show it is produced by Trends International LLC, which describes itself on its website as “the leading publisher and manufacturer of licensed posters, calendars, stickers and social stationery products.” The Blade couldn’t immediately determine who designed the poster.

 The video of the poster burning incident can be viewed here:

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Fairfax schools returns LGBTQ-themed books in high school libraries

Review found ‘no pedophilia’ in texts as critics claimed

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(Book cover insert courtesy of Amazon)

The Fairfax County Public Schools announced on Tuesday that following a detailed review by two committees appointed by school officials it has returned two LGBTQ themed books to its high school libraries that had been temporarily withdrawn after being challenged by critics who claimed they included sexually explicit content inappropriate for students.

The two books, “Lawn Boy,” a novel by author Jonathan Evison, and “Gender Queer: A Memoir,” which is described as an illustrated autobiography by non-binary author Maia Kobabe, each contain descriptions of sexual acts.

But supporters of the books have argued that they have won praise by literary critics and, while describing intimate relationships, they tell stories that do not fall into the category of pornography.  

Fairfax County Public Schools, the name used for the county’s public school system, on Tuesday said in a statement that a thorough review of the books by two committees consisting of educators, school officials, parents and some students found that neither book contained content that could be considered to depict pedophilia as claimed by some parents and others opposing the two books.

School officials announced they had temporarily withdrawn the two books from school libraries following a Sept. 23 meeting of the Fairfax County School Board where strong objections to the two books were raised by parents.

“Two books that were subject to formal challenge have been deemed appropriate for high school readers following a two-month review process and will be reinstated to Fairfax County Public Schools (FCPS) libraries,” Tuesday’s statement by the school system says.

“The decision reaffirms FCPS’s ongoing commitment to provide diverse reading materials that reflect our student population, allowing every child an opportunity to see themselves reflected in literary characters,” the statement continues. “Both reviews concluded that the books were valuable in their potential to reach marginalized youth who may struggle to find relatable literary characters that reflect their personal journey,” the statement says.

The statement says the final decision to reinstate the books was made by Noel Klimenko, the Fairfax County Public Schools’ assistant superintendent for its Instructional Services Department.

The two books have received favorable reviews in various literary publications. Both have received the American Library Association’s Alex Award, an annual award that recognizes the year’s 10 books written for adults that the association says have a special appeal to young adults ages 12 through 18.

“The robust committee process took place over several weeks and considered whether the books flouted regulations by being obscene or harmful to juveniles as defined by the Code of Virginia,” the school system statement says. “The members also considered the work in line with an excerpt from the FCPS Student Rights and Responsibilities Handbook pertaining to possessing obscene visual imagery as defined in the Code of Virginia,” the statement says.

“After careful consideration, neither books were deemed to have fallen foul of these regulations,” it concludes.

The decision by Fairfax school officials to reinstate the two books came about six weeks after more than 425 LGBTQ students and allies from over 30 Fairfax County public high schools sent a letter to the school board and the school system’s superintendent urging them to reinstate the two books.

The Pride Liberation Project, a coalition of LGBTQ and allied students in Fairfax County, organized the joint letter.

“Student representatives from over 30 schools, including nearly every high school in Fairfax County Public Schools, have signed this letter, and many of us are students of color, low-income, gender expansive and not out to our families and communities,” the letter states.

“We are writing to ask you to reject calls to remove Maia Kobabe’s ‘Gender Queer’ and Jonathan Evison’s ‘Lawn Boy’ from Fairfax County Public Schools libraries,” the letter says.

It points out that “hundreds of books in our schools already depict heterosexual relationships and physical intimacy,” and says singling out LGBTQ themed books with similar stories of intimacy for rejection is unfair.

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En Espanol

Matrimonio igualitario a un paso de ser ley en Chile

Solo falta una última votación en el Senado

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Una manifestación en favor del matrimonio igualitario en Santiago, Chile, en 2017. (Foto cortesía de Francisca Becker)

VALPARAÍSO, Chile — Como un triunfo “histórico” para los derechos de la diversidad sexual y de género, calificaron los activistas LGBTQ en Chile el avance del proyecto de ley de matrimonio igualitario el martes en el Congreso. Ahora solo falta una última votación en el Senado para convertirse en ley.

“Con 101 votos a favor, 30 en contra y dos abstenciones se aprueba el proyecto de ley que regula el matrimonio igualitario, que pasa a su tercer y último trámite en el Senado”, ha informado el Congreso Nacional chileno en un comunicado.

La votación se enmarca en uno de los momentos políticos más complejos para la población queer de ese país latinoamericano, luego de que el pasado domingo en las elecciones presidenciales y de congresistas la ultraderecha y anti-LGBTQ liderada por el candidato presidencial, José Antonio Kast del Partido Repúblicano obtuvieran un buen desempeño electoral.

Kast, que ha afirmado en muchas ocasiones que existe un “lobby gay” que “busca influir a las personas”, fue el candidato más votado y se enfrentará en el balotaje del 19 de diciembre al izquierdista Gabriel Boric.

“Frente a los discursos de violencia y odio, hace falta responder con amor. No queremos sesgos dogmáticos ultra ideologizados”, apuntó el diputado Diego Ibáñez, del Frente Amplio, la coalición que lidera Boric.

El proyecto de matrimonio igualitario fue firmado por la expresidenta Michelle Bachelet en 2017 y presentado ante el Congreso durante su segundo mandato. Sin embargo, no fue hasta enero de 2020 cuando la sala del Senado aprobó en general el proyecto con 22 votos a favor, 16 en contra y una abstención.

Posteriormente, el presidente del país, Sebastián Piñera, mostró su apoyo a la medida y ordenó suma urgencia.”Pienso que ha llegado el tiempo de garantizar esa libertad y esa dignidad a todas las personas, el tiempo del matrimonio igualitario en nuestro país”, dijo el jefe de Estado en su última cuenta pública.

“Luego de tres décadas de lucha, falta solo un trámite en el Senado para conquistar la hasta ahora esquiva igualdad legal que merece todas las parejas y familias”, destacó la vocera del Movimiento de Integración y Liberación Homosexual (Movilh), Javiera Zúñiga, a través de un comunicado de prensa.

“Festejamos este nuevo paso, ahora con la total convicción de que estamos en la recta final. Especialmente felices porque se aprobaron por amplia mayoría todos las indicaciones sobre filiación y adopción homoparental que introducimos en la Cámara. Hablamos de 30 años de lucha, pero de siglos de segregación, cuyos días están contados, lo cual terminará con las injusticias y desigualdades que sufren las parejas del mismo sexo y las familias homoparentales”, añadió Zúñiga.

De no ser aprobado en el Senado, el proyecto de ley pasaría a una comisión mixta. Sin embargo, la actual presidenta de la Cámara Alta se comprometió a realizar su mayor esfuerzo para que sea despachado lo antes posible.

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