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Mexico City lawmakers approve trans rights bill

Measure to allow legal gender changes without court order

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Mexico City, gay news, Washington Blade

Jacqueline L'Hoist Tapía, Mexico City Council to Prevent and Eliminate Discrimination, gay news, Washington Blade

Jacqueline L’Hoist Tapía, president of the Mexico City Council to Prevent and Eliminate Discrimination, supports transgender people’s ability to legally change their gender in the Mexican capital without a court order. (Photo by Angélica Pineda)

Mexico City lawmakers on Thursday approved a bill that would allow transgender people to legally change their gender without a court order.

Members of Legislative Assembly of the Federal District, in which Mexico City is located, approved the measure by a 42-0 vote margin. Six lawmakers abstained from the vote on the measure that Mexico City Mayor Miguel Ángel Mancera proposed.

Manuel Granados Covarrubias of the Party of the Democratic Revolution, known by the Spanish acronym PRD, welcomed the proposal’s approval.

“It eliminates cumbersome trials and judicial proceedings, procedures, to generate the administrative change of a legal action to which everyone has the right,” said Granados in a press release the Legislative Assembly of the Federal District released after lawmakers approved the measure. “Their dignity is also recognized.”

The Mexico City Commission to Prevent and Eliminate Discrimination, known by its Spanish acronym COPRED, launched a campaign in support of the measure.

COPRED spokesperson René Said Nieto told the Washington Blade that Mexico City on Thursday “took a major step forward” towards the recognition of trans people.

“(The measure) guarantees the rights of people to the recognition of their gender identity,” said the Human Rights Program of the Federal District in a statement.

Mexico City is the first city in Latin America to allow trans people to legally change the gender on their birth certificates without a medical examination. The Mexican capital’s comprehensive anti-discrimination law already includes gender identity and expression and designates transphobia as a form of discrimination.

Argentina President Cristina Fernández de Kirchner in 2012 signed a law that allows trans Argentinians to legally change their gender on official documents without sex-reassignment surgery and an affidavit from a doctor or another medical provider. The Chilean Senate next week is expected to vote on a bill that would allow trans people in the South American country to legally change their name and sex without sex-reassignment surgery.

Supporters of Mariela Castro, daughter of Cuban President Raúl Castro, credit her with successfully lobbying her father’s government to begin offering free sex-reassignment surgery under the country’s national health care system in 2008.

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Biden names civil rights veteran to U.S. Education Dept.

Catherine Lhamon’s portfolio will include LGBTQ rights, sexual misconduct, racial discrimination

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Nominee for Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education Catherine Lhamon. (Photo public domain))

The White House announced Thursday that President Joe Biden has nominated Catherine Lhamon to serve as the Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education.

Lhamon currently serves as a Deputy Assistant to the President and Deputy Director of the Domestic Policy Council for Racial Justice and Equity at the White House, where she manages the President’s equity policy portfolio. She is a former attorney for the American Civil Liberties Union, (ACLU) and served as chair of the U.S. Commission on Civil Rights from 2017 to 2021.

She has also served as Legal Affairs Secretary to California Governor Gavin Newsom.

Her portfolio at Education, where she previously served in the same position under former President Barack Obama, will include LGBTQ rights, sexual misconduct and racial discrimination in the nation’s K-12 schools, universities and colleges. Lhamon was Assistant Secretary for Civil Rights at the Department of Education, to which President Obama nominated her and the Senate confirmed her in 2013.

“I am thrilled that President Biden is nominating Catherine Lhamon to serve as Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education. Catherine has devoted her career to ensuring equity is at the core of all her work,” U.S. Secretary of Education Miguel Cardona said in a statement released by his office Thursday.

“She has a strong record of fighting for communities of color and underserved communities, whether as the current Deputy Director of the Domestic Policy Council, the former chair of the U.S. Commission on Civil Rights, or as a civil rights educator at Georgetown University. We are thrilled to have Catherine serving as Assistant Secretary for Civil Rights and know she will continue to fight for fairness, equity, and justice for all of America’s students.”

Lhamon has also litigated civil rights cases at National Center for Youth Law, Public Counsel Law Center, and the ACLU Foundation of Southern California.  Lhamon taught federal civil rights appeals at Georgetown University Law Center in the Appellate Litigation Program and clerked for the Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit.

“Catherine Lhamon is the right choice to lead the Department of Education’s civil rights division at such a critical time for the country and the agency. There is much work to do in order to roll back the harmful policies and legacies of Betsy DeVos, from her attacks on transgender students to her unconscionable revocation of discriminatory discipline guidance and rewrite of Title IX rules,” Adele Kimmel, Director of the Students’ Civil Rights Project at Public Justice told the Blade in an email.

“During her previous tenure in the same job, Catherine embraced equality, enforced Title IX and ensured students had an ally inside the federal government. She will do so again, and the Senate should move to quickly confirm her so she can begin the work of restoring the Department’s commitment to protecting the civil rights and dignity of students and implementing the Biden Administration’s pledge to undo the damage that DeVos has done,” Kimmel added.

Born in Virginia and raised in California, Lhamon graduated from Amherst College and Yale Law School. Lhamon and her husband and two daughters are transitioning between California and Maryland.

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University student becomes first non-binary mayor in Wales

‘Coming out and living my true me is still the best decision I’ve ever made’

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Owen J. Hurcum (Photo courtesy of Instagram)

 

The small city in Gwynedd in northwest Wales holds the distinction of being the oldest city in Wales. Now, it has earned itself a pair of new accolades, the first city in Wales to elect its youngest mayor and in fact to have the first elected non-binary gender queer mayor in the world.

Owen J. Hurcum, a 23-year-old university student, was chosen by their fellow councilors on the city’s governing council to become the mayor. The post, which is mainly ceremonial, acts as a goodwill ambassador for city in Wales and the greater U.K. as well as overseas.

Hurcum, who identifies as genderqueer or agender, told BBC Radio Wales Wednesday it “wasn’t a huge shock” when they were chosen to take up the reins, having served as a Bangor councilor for five years, including one term as the city’s deputy mayor. But they said it was a shock when they were initially asked to put their name forward because fellow councilors felt they would be a good representative for the city.

 

 

Their election to the office has created considerable controversy in some quarters with hateful vitriol being directed at both them and their fellow councilors. On Thursday the mayor tweeted;

“I would quickly like to point out that whilst I do indeed receive regular amounts of hate online, coming out and living my true me is still the best decision I’ve ever made and if you are thinking of doing it yourself, I promise there will be loved ones around to support you”

According to the BBC, they thanked fellow councilors for their support when facing online abuse. Noting that the city may be viewed as hardly the place one would expect to be a bastion of tolerance, they told the BBC;

 
“There was a trepidation because, obviously, local government has this unfair reputation of possibly being old and backwards, and I was worried that those views may come from fellow councilors. But I have had the exact opposite. Every single councilor has been extremely supportive, and the previous mayor has called me when he has seen that I have been getting hate online, and he has said he is there if I need him. It has been really nice.”
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Family of transgender woman who died in ICE custody sues federal government

Roxsana Hernández passed away in N.M. in 2018

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A picture of Roxsana Hernández, a transgender Honduran woman with HIV who died in U.S. Immigration and Customs Enforcement custody in 2018, hangs on a wall inside the offices of Colectivo Unidad Color Rosa, an LGBTQ advocacy group in San Pedro Sula, Honduras. (Washington Blade photo by Michael K. Lavers)

 

The family of a transgender woman with HIV who died in U.S. Immigration and Customs Enforcement custody in 2018 has sued the federal government.

The Transgender Law Center and two immigration lawyers — Daniel Yohalem and R. Andrew Free — in 2020 filed a lawsuit in U.S. District for the District of New Mexico against five private companies who were responsible for Roxsana Hernández’s care.

The lawsuit named Management and Training Corporation, LaSalle Corrections, Global Precision Systems, TransCor America and CoreCivic as defendants. The Transgender Law Center, Yohalem and Grant and Eisenhofer Law on Wednesday petitioned the court to add the federal government to the lawsuit.

“This amended complaint adds the United States, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the United States Department of Homeland Security (DHS) to the list of entities who had a direct role in Roxsana’s death,” said the Transgender Law Center in a press release.

Hernández, who was from Honduras, entered CBP custody on May 9, 2018, when she asked for asylum at the San Ysidro Port of Entry in San Diego. She arrived at the Cibola County Correctional Center, a facility in Milan N.M., that CoreCivic operates, a week later.

Hernández was admitted to Cibola General Hospital in Grants, N.M., shortly after she arrived at the privately-run detention center. Hernández died at Lovelace Medical Center in Albuquerque, N.M., on May 25, 2018.

The lawsuit, among other things, alleges Management and Training Corporation personnel “denied Roxsana and her fellow detainees food, water and restroom access throughout their transfer” from California to a facility in San Luis, Ariz., that LaSalle Corporations operates. The lawsuit also states Hernández did not receive necessary medical care from LaSalle Corporations, Global Precision Systems and TransCor personnel as they transported her to the Cibola County Correctional Center.

CoreCivic officers, according to the lawsuit, delayed Hernández’s medical care once she was hospitalized.

An autopsy the New Mexico Office of the Medical Investigator performed concluded Hernández died from Castleman disease associated with AIDS.

A second autopsy that former Georgia Chief Medical Examiner Kris Sperry performed at the Transgender Law Center’s request concluded the cause of death was “most probably severe complications of dehydration superimposed upon HIV infection, with the probable presence of one or more opportunistic infections.” The second autopsy also found “evidence of physical abuse” that included bruising on Hernández’s rib cage and contusions on her body.

“Defendants’ discriminatory, negligent, and reckless acts and omissions: (a) caused Roxsana to suffer severe emotional and physical distress; (b) created an unreasonable risk that Roxsana’s condition would deteriorate, especially in light of her known HIV-positive status; (c) caused Roxsana’s condition to deteriorate; (d) diminished the opportunity for Roxsana’s condition to improve; (e) caused her to lose her chance to survive and participate in the federal immigration process; and (f) ultimately, caused her death,” reads the motion the Transgender Law Center filed on Wednesday.

“My sister came to the U.S. in search of safety and protection from the horrific violence she experienced as a trans woman in Honduras, and what she found instead was abuse, discrimination and neglect,” said Hernández’s sister, Jenny Hernández Rodríquez, in the Transgender Law Center press release. “The tragic fact that she is no longer with us is a direct result of that discrimination and neglect.”

A spokesperson for the Department of Homeland Security — which oversees ICE and CBP — with whom the Washington Blade spoke on Thursday declined to comment.

The Cibola County Correctional Center in Milan, N.M. (Photo courtesy of U.S. Immigration and Customs Enforcement)

Hernández’s death sparked widespread outrage among immigration advocates. Her case also intensified calls for ICE to release all trans women in their custody.

The Transgender Law Center, the Rapid Defense Network and the Ballard Spahr law firm in April 2020 filed a class action lawsuit that demanded the release of all trans people in ICE custody.

More than 40 Democratic members of the U.S. House of Representatives in January 2020 called for ICE to release all trans people in their custody. Illinois Congressman Mike Quigley on Thursday during a House Appropriations Committee hearing asked Acting ICE Director Tae Johnson about the treatment of trans people in his agency’s custody.

“We have made some efforts on sort of improving our training and identifying specific facilities which would focus on housing these individuals in a less restrictive environment but there’s always more work we can do,” said Johnson. “We’re looking at all aspects of our vulnerable population to include transgender, and this is going to continue to be a priority for us as we move forward in assessing our detention framework.”

A unit for trans women in ICE custody opened at the Cibola County Correctional Center in 2017. It closed in 2020.

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