News
Mississippi legislature approves ‘turn away the gays’ bill
Legislation along the lines of Arizona bill vetoed by Jan Brewer
The Mississippi legislature approved late Tuesday a “turn away the gays” measure that would enable businesses and individuals in the state to discriminate against or refuse services to LGBT people on religious grounds ā making a signature from the governor the last remaining step before the bill becomes law.
In a development that largely went unnoticed on the national stage, the State House and Senate on the same day both approved a conference report for S.B. 2681, the Religious Freedom Restoration Act. The vote in the Republican-controlled House was 78-43 and the vote in the Republican-controlled Senate vote was 38-14.
Much like the controversial Arizona bill known as SB 1062 vetoed by Gov. Jan Brewer, the six-page legislation never once mentions the words “sexual orientation,” “gender identity” or “gay.” Still, LGBT advocates insist the legislation would have the effect of allowing discriminatory practices against LGBT people seeking services in Mississippi.
Sarah Warbelow, the Human Rights Campaign’s state legislative director, said the bill would in essence make “LGBT people strangers to the law.”
“Before Mississippi has had the opportunity to robustly discuss the lived experiences of LGBT people, this bill would hollow out any non-discrimination protections at the local level or possible future state-wide protections,” Warbelow said. “Just as weāve seen in other states, this bill is bad for business, bad for the stateās reputation, and most of all, bad for Mississippians. Gov. Bryant must veto the measure.ā
Notably, the measure also contains language modifying the state seal in a way adds to it the words “In God We Trust.” The bill also has language that says nothing in the measure “shall create any rights by an employee against an employer if the employer is not the government,” which is different from the Arizona legislation.
Now that the legislature has approved the bill, the last remaining step before it becomes law is a signature from Mississippi Gov. Phil Bryant, who’s known for his conservative views as chief executive of a state in the Deep South. Still, Brewer has the same reputation, but she vetoed the Arizona bill after pressure from LGBT advocates, businesses, religious groups and faith leaders.
If Bryant signs the bill, it’ll go into effect on July 1. Bryant’s office didn’t immediately respond to the Washington Blade’s request to comment on whether he’ll sign the legislation.
It should be noted that sexual orientation and gender identity currently aren’t protected under civil rights law in Mississippi. Based on state and federal law, individuals and businesses could refuse services to LGBT people, such as services for a same-sex wedding, without fear of reprisal regardless of whether or not the bill signed into law.
No municipalities in Mississippi have non-discrimination ordinances, although Starkville, Hattiesburg and Oxford have all passed pro-LGBT resolutions.
Still, according to the Human Rights Campaign, the measure could undermine future state non-discrimination laws, interfere with licensing organizations that have professional regulations protecting LGBT individuals and undermine public university non-discrimination policies.
The measure is part of a nationwide trend of “turn away the gay” bills advancing in state legislatures. Including the one vetoed in Arizona, other similar bills in Georgia, Idaho, Maine, and Ohio were rejected. But similar bills are still pending in Missouri and Oklahoma.
The measure advanced through the legislature after the Mississippi House voted last month to strike text related to religious liberty and instead created a study committee on how to pass such a bill in the future. Despite changes made by the House, the conference committee produced a report that advocates say would subject LGBT people to discrimination anyway.
The legislature’s passage of the bill has won praise from at least one anti-gay group, which says the legislation is along the lines of a federal religious exemption law introduced by the late Sen. Edward Kennedy and then-Rep. Chuck Schumer before being passed by Congress and signed into law by President Clinton.
Tony Perkins, president of the Family Research Council, said the measure simply ensures religious freedom for individuals and businesses in Mississippi.
“This is a victory for the First Amendment and the right to live and work according to one’s conscience,” Perkins said. “This commonsense measure was a no-brainer for freedom, and like the federal RFRA, it simply bars government discrimination against religious exercise. The legislature gave strong approval to a bill that declares that individuals do not have to trade their religious freedom for entrance into public commerce.
Morgan Miller, a spokesperson for the American Civil Liberties Union of Mississippi, told the Blade although lawmakers attempted to align the Mississippi bill with federal law, the end result “falls short.”
“This bill still could open the door for someone who wants to use their religion to discriminate against others,” Miller said. “It exposes virtually every branch and office of the government to litigation; our state will have to spend taxpayer money to defend lawsuits. Itās unnecessary: the Mississippi legislature has been unable to articulate why this law is needed in our state.”
Maryland
Montgomery County police chief discusses arrest of trans student charged with planned school shooting
County executive tells news conference studentās trans identity is irrelevant to criminal charge
Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.
In charging documents and in a press released issued on April 18, Montgomery CountyĀ PoliceĀ identified the arrested student as āAndrea Ye, of Rockville, whose preferred name is Alex Ye.ā
One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Yeās threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about asĀ aĀ character in a 129-page manifesto outlining plans for a schoolĀ shooting. Police have said Ye told them theĀ manifestoĀ was a fictional story he planned to publish. Ā
At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a ābiological female.ā
County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to āadmit that this individual was transgender.ā
āBecause itās not a lead,ā Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is āa white Christian male whoās heterosexual.ā Elrich stated, āNo, you donāt ā You never publish somebodyās sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. Itās not a news story. It is not a crime to be transgender.ā
The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.
In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Yeās manifestoĀ appearingĀ to make threats of a mass school shooting.
āNow, this is a situation that highlights the critical importance of vigilance and community involvement in preventing potential tragedies,ā Jones said. āI commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation, the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,ā he told the gathering.
āThanks to their swift action and cooperation a potentially catastrophic event was prevented,ā Jones said.
Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing mental health services.
āBut this case is different,ā Jones said. āThis case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspectāsĀ manifestoĀ to the authorities. This underscores the value of community engagement and the āsee something say somethingā approach,ā he said.
Jones mentioned at the press conference that Ye was being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.
In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.
In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:
“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”
Federal Government
Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations
New rules to take effect Aug. 1
The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.
Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.
Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.
āThese regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,ā Education Secretary Miguel Cardona said during a call with reporters on Thursday.
While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.
The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.
Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”
āWe applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.
“Todayās rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”
Maryland
Rockville teen charged with plotting school shooting after FBI finds āmanifestoā
Alex Ye charged with threats of mass violence
BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.
Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.
The rest of this article can be found on the Baltimore Banner’s website.
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