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Obama admin to recognize Michigan same-sex marriages

Holder’s announcement benefits more than 300 couples who wed in Wolverine State

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Eric Holder, United States Department of Justice, gay news, Washington Blade, LGBT Pride
Eric Holder, United States Justice Department, Barack Obama Administration, Lincoln Memorial, the 50th Anniversary of the March on Washington, civil rights, gay news, Washington Blade

U.S. Attorney General Eric Holder has announced the federal government will recognize Michigan same-sex marriages (Washington Blade file photo by Michael Key).

The marriages of same-sex couples who wed in Michigan when marriage equality was briefly allowed in the state will be recognized for federal purposes, U.S. Attorney General Eric Holder announced on Friday.

“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government,” Holder said. “These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages.”

More than 300 same-sex couples wed in Michigan on Saturday after U.S. District Judge Bernard Friedman struck down the state’s 2004 ban on same-sex marriages. But after Michigan Gov. Rick Snyder and Attorney General Bill Schuette appealed the decision and requested a stay, the U.S. Sixth Circuit Court of Appeals indefinitely halted the weddings pending appeal of the lawsuit.

Snyder announced the marriages were legal under state law, but couples will receive no state benefits until the stay is lifted. As they criticized Snyder for withholding the state benefits, Democratic members of Michigan’s federal delegation to Congress called on the Obama administration to deem the marriages valid for the purposes of federal recognition.

In his statement announcing the decision, Holder noted a similar situation in which he deemed same-sex marriages performed in Utah were valid in the eyes of the Obama administration.

“For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled,” Holder said.

After a federal court struck down Utah’s ban on same-sex marriage, an estimated 1,300 same-sex couples wed in the state before the U.S. Supreme Court halted the weddings with stay pending appeal. Gov. Gary Herbert announced he wouldn’t recognize the weddings, but Holder announced they would be valid at the federal level.

The Human Rights Campaign, which had also called for federal recognition of the Michigan same-sex marriages, praised Holder in an organizational statement.

“Last week 300 committed and loving same-sex couples were legally wed in Michigan,” the statement says. “As such they deserve the recognition and treatment that all other married couples receive. Attorney General Eric Holder has once again demonstrated his steadfast commitment to equality and upholding the core values of the U.S. Constitution by affirming federal recognition of these marriages.”

Rep. Dan Kildee (D-Mich.), who organized a letter to Holder seeking federal benefits for married same-sex couples, called the development “welcome news” and turned to Snyder for additional action.

“These legally married and loving couples shouldn’t have to wait any longer for the recognition and benefits they are entitled to under the U.S. Constitution,” Kildee said. “It’s my hope that Governor Rick Snyder and Attorney General Bill Schuette will also drop their appeals in this matter and recognize the inherent rights of these Michiganders to love and marry one another.”

In the wake of the U.S. Supreme Court’s decision against the Defense of Marriage Act, Holder said the Justice Department continues to work to ensure same-sex marriages are recognized under federal law.

“Last June’s decision by the Supreme Court in United States v. Windsor was a victory for equal protection under the law and a historic step toward equality for all American families,” Holder said. “The Department of Justice continues to work with its federal partners to implement this decision across the government. And we will remain steadfast in our commitment to realizing our country’s founding ideals of equality, opportunity, and justice for all.”

Holder’s full statement follows:

STATEMENT BY ATTORNEY GENERAL ERIC HOLDER
ON FEDERAL RECOGNITION OF SAME-SEX MARRIAGES IN MICHIGAN
 
WASHINGTON—Attorney General Eric Holder issued the following statement today on the status of same-sex marriages performed in the state of Michigan:
“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government.  These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages. The Governor of Michigan has made clear that the marriages that took place on Saturday were lawful and valid when entered into, although Michigan will not extend state rights and benefits tied to these marriages pending further legal proceedings.  For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled.
 
“Last June’s decision by the Supreme Court in United States v. Windsor was a victory for equal protection under the law and a historic step toward equality for all American families.  The Department of Justice continues to work with its federal partners to implement this decision across the government.  And we will remain steadfast in our commitment to realizing our country’s founding ideals of equality, opportunity, and justice for all.”
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Homofobia y transfobia, las otras violencias usadas contra los manifestantes del 11 de julio en Cuba

Miembros de la comunidad LGBTQ detallen abusos por parte de la policía

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Leonardo Romero Negrín, izquierda. (Foto cortesía de María Lucía Expósito)

Tremenda Nota es el medio socio del Washington Blade en Cuba. Esta nota salió en su sitio web el 19 de julio.

LA HABANA — La homofobia y la transfobia usadas por la policía con las personas detenidas en las protestas del pasado 11 de julio, fueron denunciadas por el estudiante Leonardo Romero Negrín en una entrevista publicada este lunes por La Joven Cuba, a una semana de los incidentes.

“Cuando llegamos a la unidad nos desnudaron a todos. Nos decían que nosotros éramos unos maricones chupapingas y que nos iban a coger el culo”, contó el estudiante de física, detenido en las cercanías del Capitolio mientras intentaba impedir la violencia de la policía contra Marco Antonio Pérez Fernández, de 17 años.

“Nos tuvieron contra la pared durante dos horas, llevábamos cuarenta minutos desnudos esperando, venían por detrás y me halaban el pelo, lo tengo largo, y me decían: ‘Chinita, con este pelito se puede hacer tremendo peluquín'”, relató Leonardo.

“Me tocaban las nalgas, a mí y a otros también”, detalló también.

En una conversación con Tremenda Nota, el estudiante reflexionó sobre la gravedad de este incidente, que revela contradicciones en la posición de las autoridades sobre la comunidad LGBTIQ+.

Leonardo no es gay ni trans, pero ha contribuido en muchas ocasiones con las campañas del activismo a favor del matrimonio igualitario en Cuba.

Tremenda Nota entrevistó durante la manifestación a tres mujeres trans que señalaron las razones particulares que tuvieron las personas LGBTIQ+ para unirse a las protestas.

“Vine porque estoy cansada de la represión que tiene la policía con los trans, no nos dejan salir a las calles, nos piden carnés, nos llevan por prostitución”, explicó Adriana Pérez Fernández mientras marchaba con sus amigas hacia la Plaza de la Revolución.

“Nos llevan para las unidades sin necesidad ninguna, nos meten en ‘peligro’, las familias pasando trabajo, cargando sacos para una prisión, al final de cuentas sin ninguna necesidad”, confirmó Analía Escalona, una mujer que dijo estar calificada como maestra y no tener empleo solo por ser trans.

Analía denunció que las autoridades usan frecuentemente contra ellas la categoría penal vigente en Cuba de “Estado Peligroso”, un recurso que les permite procesar a personas sin cometer un delito.

“Necesitamos plazas de trabajo para personas trans, donde podamos ir vestidas de mujer”, reclamó Adriana Pérez Fernández.

Tremenda Nota no ha podido confirmar si estas mujeres trans se encuentran entre los más de 500 detenidos registrados por activistas independientes, o si pudieron llegar a un lugar seguro después que la policía disolvió violentamente la manifestación en los alrededores de la Plaza de la Revolución.

Otras mujeres trans, participantes de las protestas ocurridas en el municipio de Arroyo Naranjo, La Habana, y entrevistadas en la prisión provisional conocida como “El Vivac”, fueron tratadas por la policía como hombres y denunciaron que el sistema penal cubano, en general, sigue desconociendo la identidad de género.

La última información sobre estas detenidas conseguida por Tremenda Nota, hace suponer que fueron procesadas la pasada semana por su participación en las manifestaciones.

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Trans woman found murdered in P.G. County apartment

Police seek help from community in identifying suspect

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Taya Ashton was found shot to death in her apartment in Suitland, Md., on July 17. (Photo courtesy Stuart Anderson)

A 20-year-old transgender woman was found shot to death in her apartment in the D.C. suburb of Suitland, Md., on Saturday, July 17, shortly before 10 p.m., according to a statement released by Prince George’s County police.

The statement identifies the victim as Taya Ashton, who lived in an apartment on the 2300 block of Brooks Drive in Suitland, where police were called to respond to a shooting.

“The victim was located inside her apartment suffering from a gunshot wound and was pronounced dead on the scene,” the police statement says.

“Detectives are working to identify a suspect(s) and determine a motive,” according to the statement. “Based on the preliminary investigation, at this time, detectives do not believe this was a random crime,” the statement continues.

“At this point in the investigation, we have uncovered no evidence suggesting Taya’s murder was due to her gender identity, but as in all cases, we explore all possibilities,” the statement says.

The statement adds, “We are asking anyone with information that could help detectives to please reach out by calling 301-516-2512. Callers wishing to remain anonymous may call Crime Solvers at 1-866-411-TIPS, go online at pgcrimesolvers.com, or use the ‘P3 Tips’ mobile app.” The statement says callers are asked to refer to Case 21-0032181.

D.C. resident Stuart Anderson, Taya Ashton’s grandfather, told the Washington Blade that her parents and extended family members accepted Ashton’s status as a transgender woman and are devastated over the taking of her life by violence.

Anderson said he arrived at his grandchild’s apartment after being alerted to the shooting by another family member minutes after police arrived. He said he and other family members did not observe any signs of a forced entry into the apartment, leading them to believe Taya Ashton may have known the assailant and possibly invited the person to her home.

“We saw her. It looked like a struggle might have taken place,” Anderson said.

P.G. County police spokesperson Corp. Nicholas Clayton told the Blade on Monday that detectives were actively investigating the case and would be looking for any and all available evidence to identify the person responsible for Ashton’s murder.

He said police could not disclose details related to the condition of the body or other evidence found at the scene, including whether or not there was a forced entry into the apartment, because doing so could jeopardize the investigation.

“Today is a somber and sad day for the Transgender Community as we remember yet another life so precious taken away,” said D.C. transgender advocate Earline Budd in a statement responding to the announcement by P.G. County police on Monday that the murder had occurred.

“This murder only reminds us of the tragic shooting in 2019 of both Ashanti Carmon and Zoe Spears,” Budd said in her statement. “Both were brutally gunned down between March 30 and June 19 of 2019, less than a mile from each other.”

Budd was referring to the location in Fairmont Heights, Md., also in Prince George’s County near the D.C. border, where the two trans women were fatally shot. P.G. County police arrested 33-year-old Baltimore resident Gerardo Thomas later that year for the Spears murder. No arrest has been made in the case of Carmon’s murder.

“Transgender individuals are experiencing violence locally and around the country almost every day,” Budd said in her statement. “D.C. and P.G. County are only separated by a line, and we must come together as one community to address this violence.”

Budd added, “There should be no rest in the LGBTQ community when something as tragic as this happens. Our prayers go out to the family of Taya.”

Anderson said he and other family members were making arrangements for a vigil in Taya Ashton’s honor at 4 p.m. on Wednesday, July 21, at River Terrace Park, which is located in D.C. at Benning Road and Anacostia Ave., N.E. along the Anacostia River. He said the vigil would take place at or near the site of the park’s main gazebo.

Budd said she is helping the family set up the vigil.

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California appellate court rules Trans pronouns law violates freedom of speech

Law protects LGBTQ seniors in long-term care facilities from discrimination & mistreatment based on sexual orientation & gender identity

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The State of California Third District Court of Appeals Sacramento Courthouse (Photo Credit: California Courts)

SACRAMENTO – The State of California Third District Court of Appeals ruled on Friday that a state statute requiring nursing home staff to use the correct pronouns for trans and nonbinary patients is a freedom of speech violation.

The Court, in a unanimous 3-0 decision, struck down this key provision of the LGBTQ Long-Term Care Facility Residents’ Bill of Rights, created by SB 219 in 2017, authored by Senator Scott Wiener (D-San Francisco) and sponsored by Equality California. The Court upheld the provision in the law that requires nursing homes to place transgender patients in rooms that match their gender identity.

“The Court’s decision is disconnected from the reality facing transgender people. Deliberately misgendering a transgender person isn’t just a matter of opinion, and it’s not simply ‘disrespectful, discourteous, or insulting.’ Rather, it’s straight up harassment. And, it erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home. This misguided decision cannot be allowed to stand,” Senator Wiener said in a statement.

SB 219, also known as the LGBTQ Senior Bill of Rights, protects LGBTQ seniors in long-term care facilities from discrimination and mistreatment based on their sexual orientation and gender identity. Wiener authored and passed SB 219 in 2017, and then-Governor Jerry Brown signed the bill into law.

“The Court’s decision is a beyond disappointing, especially for our state’s transgender and nonbinary seniors. Let’s be clear: refusing to use someone’s correct name and pronouns isn’t an issue of free speech — it’s a hateful act that denies someone their dignity and truth,” said Equality California’s Executive Director Rick Chavez Zbur.

“Study after study has shown that trans people who are misgendered face alarming and life-threatening rates of depression and suicidal behavior. And older LGBTQ+ people face feelings of isolation, poor mental health and extreme vulnerability to communicable diseases like COVID-19. California’s nursing home patients deserve better than this — and we’ll be fighting until this decision is overturned,” he added.

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