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India Supreme Court agrees to reconsider sodomy ruling

Lawyer: decision an ‘opportunity’ to ‘apply a course correction’

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Supreme Court of India, gay news, Washington Blade

India Supreme Court (Photo by Legaleagle86; courtesy Wikimedia Commons)

The Indian Supreme Court on Tuesday said it would consider a motion to reconsider last December’s controversial ruling that recriminalized homosexuality in the South Asian country.

A three-judge panel agreed to hear oral arguments in the motion – known as a curative petition – the Naz Foundation Trust, an HIV/AIDS advocacy group that challenged India’s sodomy law, filed after the court reinstated Section 377 of the country’s penal code. Voices Against 377, a group of LGBT advocates, teachers and mental health professionals and filmmaker Shyam Benegal also petitioned the Indian Supreme Court to reconsider its ruling in the Koushal v. Naz case.

“The curative petition is an opportunity for the court to apply a course correction and rethink a decision which has been universally condemned,” Arvind Narrain of the Alternative Law Forum in Bangalore told the Washington Blade on Tuesday.

LGBT rights advocates in India and across the world protested the December 2012 decision that overturned a 2009 Delhi High Court ruling that decriminalized homosexuality in the world’s second most populated country.

A two-judge panel in January rejected activists’ request to reconsider the ruling.

Vikram Doctor of the Times of India newspaper described Tuesday’s announcement as “wonderful, like getting a second chance.”

“We hope that this will turn out to be an opportunity for the court to admit the curative petitions and begin to correct a decision which perpetuated stigma and entrenched discrimination against LGBT persons merely for being who they are,” added Narrain.

The announcement to reconsider the recriminalization of homosexuality comes a week after the Indian Supreme Court issued a landmark ruling that recognizes transgender people as a “third gender.”

Sapna Pandya, president of KhushDC, a group for LGBT South Asians who live in the Washington metropolitan area, told the Blade she hopes the justices will “use precisely the reasoning it utilized” in the aforementioned decision to strike down India’s sodomy law.

“It is impossible to empower and protect transgender Indians while declaring the sexuality of so many of them to be criminal,” she said.

Doctor told the Blade he feels the April 15 decision “likely” influenced Tuesday’s announcement to reconsider the ruling that reinstated Section 377.

“That throws up various conflicts with Koushal v. Naz and it does seem like a larger bench must decide on this,” he said.

The Indian Supreme Court next week is slated to hear oral arguments in the motion to reconsider its ruling in the Koushal case.

“Our work on HIV prevention with MSM [men who have sex with men] and transgender communities has been noticeably affected by the December ruling, so our fingers are crossed for some progress,” said James Robertson, executive director of the India HIV/AIDS Alliance in New Delhi.

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Trans woman sues D.C. Jail for placing her in men’s unit

Lawsuit charges city with exposing inmates to ‘risk of sexual violence’

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Sunday Hinton (Photo courtesy of the American Civil Liberties Union of D.C.)

The American Civil Liberties Union of D.C. and the D.C. Public Defender Service filed a class action lawsuit on May 11 on behalf of a transgender woman being held in the D.C. Jail on grounds that the city violated its own Human Rights Act and the woman’s constitutional rights by placing her in the men’s housing facility at the jail.

The lawsuit charges that D.C. Department of Corrections officials violated local and federal law by placing D.C. resident Sunday Hinton in the men’s unit at the D.C. Jail against her wishes without following a longstanding DOC policy of bringing the decision of where she should be placed before the DOC’s Transgender Housing Committee.

The committee, which includes members of the public, including transgender members, makes recommendations on whether a transgender inmate should be placed in either the men’s or the women’s housing unit based on their gender identity along with other considerations, including whether a trans inmate’s safety could be at risk. Under the policy, DOC officials must give strong consideration to the recommendations of the committee.

The lawsuit, which was filed in U.S. District Court for the District of Columbia, says the committee has not met or acted on any trans-related jail housing matter since January 2020.

It says Hinton was taken to the D.C. Jail on April 26 after a judge ordered her held following an arrest for an alleged unarmed burglary in which she attempted to take $20.

It notes that the Department of Corrections has a “default” policy of placing transgender inmates in either the male or female housing unit at the D.C. Jail and other city detention holding facilities based on the inmate’s “anatomy.” If a female transgender inmate is anatomically male, the inmate – barring other mitigating circumstances – is placed in the male housing facility under the default policy. Similarly, a male transgender inmate who is anatomically female is placed by default in the women’s housing unit under the DOC policy.

“DOC’s policy of focusing on anatomy rather than gender identity is both discriminatory and dangerous,” the ACLU says in a statement released on the day it filed the lawsuit on Hinton’s behalf. “It forces trans individuals, particularly trans women, to choose between a heightened risk of sexual violence and a near-certain mental health crisis,” ACLU attorney Megan Yan said in the statement.

Yan was referring to yet another DOC policy that sometimes gives a transgender inmate placed in a housing unit contrary to their gender identity the option of being placed in “protective custody,” which the lawsuit calls another name for solitary confinement. The ACLU and the Public Defender Service have said solitary confinement in prisons is known to result in serious psychological harm to inmates placed in such confinement.

“Because DOC’s unconstitutional policy exposes every transgender individual in its custody to discrimination, degradation, and risk of sexual violence, Ms. Hinton seeks, on behalf of a class of similarly situated individuals, a court order that strikes down DOC’s unlawful focus on anatomy as the touchstone for its housing decisions regarding transgender individuals,” the lawsuit states.

It further calls on the DOC to use “gender identity, not anatomy, as the default basis for housing assignments” for transgender inmates and to provide all trans individuals a prompt hearing by the DOC Transgender Housing Committee.

It calls for the DOC to be required to implement the recommendations of the Housing Committee “so that each person is housed as safely as possible and without discrimination.”

In addition to the lawsuit, Hinton’s attorneys filed an application for a temporary restraining order to immediately require the DOC to transfer Hinton to the D.C. Jail’s women’s housing facility. The attorneys also filed a motion for a preliminary injunction to stop the DOC from using a transgender person’s anatomy as the default or sole criteria in making housing assignments at the jail.

In response to a request from the Washington Blade, DOC spokesperson Dr. Keena Blackmon sent the Blade a DOC statement responding to the lawsuit.

“The Department of Corrections is dedicated to the safety and security of all residents in its care and custody,” the statement says. “DOC is committed to following its policies and procedures relating to housing transgender residents,” it says. “Ms. Hinton recently arrived in DOC custody and, per the agency’s COVID-19 protocols, was placed into single-occupancy quarantine for 14 days.”

The statement adds, “Once that quarantine ends, Ms. Hinton will go before the Transgender Housing Committee to determine her housing based on safety needs, housing availability, and gender identity. D.C. DOC is sensitive to Ms. Hinton’s concerns and will continue to ensure that its residents’ needs are met.”

DOC spokesperson Blackmon didn’t immediately respond to a follow-up question from the Blade asking why the Transgender Housing Committee has not met for over a year, which the ACLU has said resulted in all transgender female inmates being placed in the male housing facility.

Blackmon also couldn’t immediately be reached for a second follow-up question asking for DOC’s response to the lawsuit’s claim that DOC officials told Hinton’s lawyers that she was being placed in the men’s housing facility because she was anatomically male.

The lawsuit says the DOC default policy of placing Hinton in the jail’s male housing unit violates the D.C. Human Rights Act, which bans discrimination based on gender identity. The act has been interpreted to mean private businesses or the city government cannot prevent a transgender person from using facilities such as bathrooms or locker rooms that are in accordance with their gender identity.

D.C. Superior Court records show that Hinton has been arrested a total of 24 times in D.C. between 2006 and 2018. All except three of those arrests are listed as misdemeanor offenses, with just three listed as alleged felony offenses. One of the arrests is listed as a traffic offense.
In nearly all of the prior arrests, the court records identify Hinton by her birth first name, with her last name of Hinton used in all of the arrest records.
The burglary offense for which Hinton was charged on April 26 of this year and for which she is currently being held the D.C. Jail would  normally not result in a defendant being held in jail while awaiting trial. The fact that Hinton is being held rather than released pending trial suggests her prior arrest record may have prompted a judge to order her incarceration.
ACLU attorney Yan, who is among the attorneys representing Hinton in the lawsuit, said Hinton’s prior arrest record should not be a factor in the lawsuit.
“We don’t think any of the underlying things are relevant to her claim in this lawsuit, which is based on her identity and the fact that her constitutional and statutory rights to be free from discrimination are being violated,” Yan said. “At the end of the day, Sunday is a transgender woman and she’s a woman and she deserves to be held according to her gender identity as she desires.”
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Gay Iranian man murdered in so-called honor killing

State Department describes Ali Fazeli Monfared’s death as ‘appalling’

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Ali Fazeli Monfared (Photo courtesy of Facebook)

Reports indicate an Iranian man’s relatives killed him after they discovered he was gay.

The Iranian Lesbian and Transgender Network wrote on its website that Ali Fazeli Monfared, 20, was kidnapped in Ahvaz, a city in Iran’s Khuzestan’s province on May 4.

The advocacy group said Monfared, who was known as Alireza, was beheaded. His body was reportedly found on May 5, the day after he was kidnapped.

The Iranian Revolutionary Guard Corps had exempted Monfared from military service because he is gay, even though consensual same-sex sexual acts remain punishable by death in the country. An activist who has known Monfared since late 2019 told the Iranian Lesbian and Transgender Network his half-brother discovered he was gay when he opened an envelope from the Iranian Revolutionary Guard Corps that contained his military exemption card.

Masih Alinejad, an Iranian journalist and activist, reported Monfared at the time of his murder was planning to flee Iran and live with his boyfriend, who previously sought refuge in Turkey. Alinejad said Monfared’s half-brother and cousins killed him “as part of an honor killing.”

The Iranian Lesbian and Transgender Network says authorities have arrested Monfared’s half-brother and cousins and charged them with first-degree murder. A State Department spokesperson on Tuesday in a statement to the Washington Blade described the Fazeli Monfared’s murder as “appalling.”

“The United States firmly opposes abuses against LGBTQI+ persons. The struggle to end violence, discrimination, criminalization and stigma against LGBTQI+ persons is a global challenge, and one that remains central to our commitment to promote human rights and fundamental freedoms for all individuals,” said the spokesperson.

“Iran must do more to ensure the human rights of LGBTQI+ persons are protected,” added the spokesperson. “We extend our deepest sympathies to Mr. Monfared’s loved ones.”

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D.C. mayor to lift all restrictions on bars, nightclubs on June 11

‘We will definitely be celebrating Pride’ next month

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Mayor Muriel Bowser announced Monday that she will fully lift capacity and other restrictions on most businesses, including restaurants and places of worship, on May 21. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser announced at a news conference on Monday that a continuing trend of significantly lower numbers of coronavirus cases and deaths in the city has enabled her to fully lift capacity and other restrictions on most businesses, including restaurants and places of worship, on May 21.

The mayor said bars and nightclubs will be allowed to increase indoor capacity from the current 25 percent to 50 percent on May 21, with all capacity restrictions for bars and nightclubs to be removed on June 11.

The mayor’s announcement came after representatives of the city’s nightlife businesses, including the city’s gay bars and restaurants, expressed concern that D.C. had yet to lift its capacity restrictions beyond 25 percent while surrounding jurisdictions in Maryland and Virginia had already lifted most restrictions.

“On May 21, restrictions on public and commercial activity, including capacity limits, types of activities, and time restrictions, will be lifted,” the mayor’s directive says.

It says restrictions for bars and nightclubs would continue at a 50 percent capacity from May 21 through June 11. The directive says restrictions for large sports and entertainment venues would also continue from May 21 to June 11, which includes a requirement such events apply for a waiver of the restrictions on a case-by-case basis.

“On June 11, capacity limits and restrictions will be lifted on those venues that cannot fully reopen on May 21,” the directive says.

In response to a question at the news conference, Bowser said the June 11 date would essentially end all restrictions on nightclubs and bars, including the current requirement that they close at midnight rather than the pre-epidemic closing times of 2 a.m. on weekdays and 3 a.m. on weekends.

In a development that could have a major impact on plans for D.C.’s LGBTQ Pride events, the mayor’s revised health directive announced on Monday includes the lifting of all capacity restrictions on large outdoor and indoor sports and entertainment events beginning on June 11.

That change would remove restrictions that have, up until now, prevented D.C.’s Capital Pride Alliance from holding its annual Pride Parade and Festival in June during Pride Month.

Capital Pride Executive Director Ryan Bos told the Washington Blade shortly after the mayor’s announcement that Capital Pride is assessing its options for expanding its current plans for in-person events in June.

“We will definitely be celebrating Pride in June,” Bos said. “We just received this information as well. So, we will be getting further information,” he said. “We have not been informed that they will be issuing any permits yet, so at this time we are moving forward with our original plans for doing things.”

Bos was referring to a city requirement for obtaining permits for street closings and use of other public spaces for events such as a parade or street festival. He said existing plans, among other things, call for an informal parade of cars and other vehicles on June 12 that will drive throughout the city to view homes and businesses that will be decorated with Pride displays such as signs, photos, and other symbols of Pride.

Those familiar with the city’s past Pride events don’t think there will be enough time for Capital Pride to organize the traditional large parade and street festival in time for June. But Capital Pride officials have talked about holding a possible parade and festival in October, and the lifting of the capacity restrictions announced by Bowser on Monday would likely make that possible.

In addition to lifting all capacity restrictions on May 21 for restaurants, the mayor’s May 21 timeframe for lifting restrictions includes these additional venues and events:

  • Weddings and special events
  • Business meetings and seated conventions
  • Places of worship
  • Non-essential retail
  • Personal services
  • Private at-home gatherings
  • Libraries, museums, galleries
  • Recreation Centers
  • Gyms and fitness centers
  • Pools
  • Office space
  • Schools
  • Childcare

“We’re very pleased that over the last several days, we have seen our case spread, our community spread numbers, venture out of the red into the yellow and fast approaching the green,” Bowser said in referring to a health department chart that shows the changes in coronavirus cases in the city.

“You might remember that our daily case rate peaked in January at 45.9. And today you can see it’s down to 6.6,” she said at her news conference on Monday.

“Throughout this process I have said how proud I am of D.C. residents and businesses who have responded, who have followed health guidance and have worked together to help protect our community throughout the pandemic. And we see it in these numbers today,” she said.

“Containing the virus will continue to require all of us to be focused on maintaining a robust health system,” the mayor said, adding that while over 200,000 D.C. residents have been fully vaccinated since December 2020, “many more thousands” still need to be vaccinated. “Vaccines are free and available on demand at walk-up sites across the District,” she said.

The mayor also noted that the city will continue to require residents and visitors to use a mask in accordance with existing and updated guidance set by the U.S. Centers for Disease Control and Prevention.

Mark Lee, coordinator of the D.C. Nightlife Council, an association that represents restaurants, bars, nightclubs and other entertainment venues, said the mayor’s directive on May 10 leaves some details to be addressed but will open the way to bring nightlife businesses back to life.

“What we do know is that on Friday, May 21, businesses begin returning to normal operations and, three weeks later, on June 11, all restrictions for all businesses in the District will end,” Lee said. “It’s a day we’ve long awaited and one that will save much of our community enterprise from financial ruin.”

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