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Trump budget assailed for ‘troubling’ cuts to LGBT civil rights

Proposal would zap agency charged with enforcing Obama LGBT order

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impeachment, gay news, Washington Blade

President Donald Trump has proposed a budget that includes cuts to civil rights agencies. (Washington Blade photo by Michael Key)

President Trump’s commitment to upholding civil rights for LGBT people has come into renewed question in the wake of a budget proposal that makes substantial cuts to agencies enforcing non-discrimination laws and cumulative actions over the course of his administration undermining those statutes.

Trump’s $4.1 trillion budget proposal for fiscal year 2018 — unveiled late last month — calls for major cuts from Obama-era levels to civil rights agencies within federal departments across the board, including the Justice Department, the Department of Health & Human Services and the Education Department.

Also, the budget proposes the elimination of the Labor Department’s Office of Federal Contract Compliance — which is charged with enforcing President Obama’s executive order barring anti-LGBT workplace discrimination among federal contractors — and merging it with the U.S. Equal Employment Opportunity Commission, the U.S. agency that enforces federal employment non-discrimination law.

Sharita Gruberg, associate director of LGBT research and communications for the Center for American Progress, said the proposed cuts are “really troubling” for the continued enforcement of laws barring discrimination against LGBT people.

“There are cuts across every single federal agency charged with enforcing civil rights laws and it would undo a lot of the gains that we’ve gotten over the last administration in ensuring that civil rights are robustly enforced,” Gruberg said.

A White House Office of Management & Budget official pointed to other aspects of the Trump budget the administration says demonstrates a commitment to civil rights, such as $2.7 million for the Education Department’s Civil Rights Data Collection program, which is three times more than what was planned for FY-17.

“The president’s budget proposal maintains the administration’s commitment to the enforcement of the nation’s civil rights laws,” the official said. “It straightlines funding for DOJ’s Civil Rights Division, supporting efforts to combat human trafficking; prosecute hate crimes; protect the rights of U.S. workers, service members, and veterans; safeguard the voting rights for all Americans; and promote fair housing and educational opportunities.”

For the HHS Office of Civil Rights, the Trump budget proposes a 15 percent cut — down from an estimated $53 million from FY-17 to $44 million in FY-18 — and a 10 percent staff reduction, from 177 to 161.

That office is charged with enforcing Section 1557 of the Affordable Care Act, which bars discrimination on the basis of sex in health care. The Obama administration issued a rule clarifying that provision applies to transgender people, ensuring access to transition-related care and gender reassignment surgery.

Although U.S. District Judge Reed O’Connor in Texas issued an injunction barring the Obama administration from applying the Section 1557 to cases of transgender discrimination, Gruberg said the HHS Office of Civil Rights “presumably should still be investigating complaints from LGBT people of discrimination in health care” and the cuts would be harmful.

“These are complaints that would not get the resources or staffing needed to ensure that they are investigated and that LGBT people are getting the health care that they’re entitled to without discrimination,” Gruberg said.

For the Education Department’s Office of Civil Rights, which is charged with enforcing Title IX of the Education Amendments of 1972, the funding is maintained between FY-17 and FY-18 at $107 million. However, with the same level of funding the proposed budget calls for a seven percent reduction in staff, from 569 employees to 523.

Courts are beginning to construe Title IX, which bars discrimination on the basis of sex, to apply to LGBT students. The Obama administration issued guidance indicating schools that bar transgender kids from the restroom consistent with their gender identity may lose funding under this law, but U.S. Attorney General Jeff Sessions and Education Secretary Betsy DeVos revoked the guidance.

Even though the Trump administration rescinded the guidance, Gruberg said the Education Department’s Office of Civil Rights is still charged with investigations under Title IX, citing a 75 percent increase in complaints from 2009 to 2015.

“The law is still the law and this would hurt the office’s ability to provide technical assistance about what their obligations are under the law even without the guidance in place,” Gruberg said.

For the Justice Department’s Civil Rights Division, the Trump budget proposes the elimination of 121 staff positions. That division is responsible for upholding civil rights laws, including Title VI of the Civil Rights Act of 1964, which bars employment discrimination based on sex, and the Violence Against Women Act, which specifically bars anti-LGBT discrimination in domestic abuse relief programs.

Under former U.S. Attorney General Loretta Lynch, the civil rights division filed a lawsuit against North Carolina’s anti-LGBT House Bill 2 based on the laws before the litigation was withdrawn under Trump.

“At a time when they filed the most criminal civil rights complaints and trafficking complaints ever, this staffing cut will severely diminish the ability of DOJ civil rights to file and prosecute criminal and civil rights violations,” Gruberg said.

In addition to merging OFCCP with EEOC, the budget calls for the elimination of 130 full-time staff positions from the latter agency since FY-17, although funding would be flatlined at $364 million.

Gruberg said the cuts were “shocking” and the proposed merger spells trouble because OFCCP has oversight authority to investigate federal contractors for violations unlike EEOC, which generally awaits discrimination complaints filed by employees before taking action.

“They’re able to proactively investigate the status of equal opportunity at companies receiving taxpayer funds and ensure that they are not discriminating in ways that individuals employees might not be able to really grasp, such as hiring disparities, pay disparities, some of these systemic issues that an individual employee in their position might not know what’s happening to them,” Gruberg said.

The Department of Housing & Urban Development is also charged with enforcing a non-discrimination policy for LGBT Americans, a Obama administration rule barring anti-LGBT discrimination in government-sponsored housing and homeless shelters.

But assessing the capacity to enforce the rule is hard, Gruberg said, because that task is spread out across the agency. Primarily, HUD implements the rule through the Office of Fair Housing & Equal Opportunity, but the gender identity equal access piece is primarily implemented by the Office of Community Planning & Development, she said.

In Trump’s proposed budget, staffing levels for the Office of Fair Housing & Equal Opportunity would decrease by 10 and 26 full-time equivalents would be cut from Office of Community Planning & Development.

The proposed reductions in the budget for the enforcement of civil rights law are consistent with assertions the Trump administration has undertaken actions undermining civil rights, including a travel ban, review of police consent decrees and formation of an “election integrity” task force that seems to attempt to justify voter suppression efforts. On LGBT rights, the Trump administration has made anti-LGBT appointments, omitted LGBT questions from federal surveys and declined to defend LGBT rights measures in court.

Led by the Leadership Conference on Civil & Human Rights, a coalition of more than 100 groups this week co-signed a letter to Trump earlier this week urging him to reverse course and defend civil rights.

“Our nation should honor equal protection for all, view its diversity as its strength, and strive to be an inclusive place where all in America can live, work, study, and participate in our democracy as free and equal people,” the letter says. “We call on you and your administration to take affirmative steps to halt the problematic policies and initiatives we have outlined, and to provide positive leadership on these issues in order to promote inclusion and respect for the basic rights and dignity of every person in America.”

The EEOC doesn’t seem fazed by the prospects of having to implement the duties of OFFCP in addition to investigations and prosecutions already underway.

Kimberly Smith-Brown, an EEOC spokesperson, said the merger wouldn’t happen until FY-19 and the agency expects a “smooth transition” into the change.

“The FY 2018 budget refers to the proposed merger which would take place in FY 2019, with 2018 being a transition year during which OFCCP and EEOC would engage in transition talks and planning,” Smith-Brown said. “There were no financial or staffing implications for EEOC in FY 2018. Should the proposal to merge OFCCP and EEOC be approved by Congress, we are committed to a smooth transfer and transition.”

The OFFCP never publicly announced any investigations, charges or victories under Obama’s 2014 executive order against LGBT discrimination. It seems unlikely there were any because the Labor Department usually announces them as they occur.

The Labor Department for a span of years under the Obama administration and Trump administration hasn’t responded to the Washington Blade’s request to comment on whether investigations under the order had taken place.

Even though the EEOC has stated it can handle the transition, Gruberg said she thinks those remarks are aspirational and the proposed changes under the Trump budget aren’t “practically feasible.”

“You’re combining two offices that play very different roles in equal opportunity enforcement,” Gruberg said. “At the same time, you’re severely cutting staffing at these offices. And so, I think the combination of these two moves are really going to hinder the ability of these agencies to secure equal opportunity in the workforce for LGBT people.”

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Afghanistan

ICC issues arrest warrants for Taliban leaders over persecution of LGBTQ people, women

Groups ‘non-conforming’ with group’s gender policy targeted

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The International Criminal Court in The Hague, Netherlands. (Photo by STRINGER Image/Bigstock)

The International Criminal Court on Tuesday issued arrest warrants for two top Taliban officials accused of targeting LGBTQ people, women, and others who defy the group’s strict gender norms.

The warrants are for Hibatullah Akhundzada, the Taliban’s supreme leader, and Afghanistan Chief Justice Abdul Hakim Haqqani.

“Based on evidence presented by the Office (of the Prosecutor), the judges found that there are reasonable grounds to believe that they have committed — by ordering, inducing, or soliciting — the crime against humanity of persecution, under article 7(1)(h) of the Rome Statute, on gender grounds, against girls, women, and other persons non-conforming with the Taliban’s policy on gender, gender identity or expression; and on political grounds against persons perceived as ‘allies of girls and women,’” reads an ICC press release that announced the warrants.

Karim Khan, the ICC’s chief prosecutor, in January announced a request for warrants against Taliban officials over their treatment of women and other groups since they regained control of Afghanistan in 2021. The request marked the first time the court specifically named LGBTQ people as victims in a gender persecution case before it.

“The issuance of the first arrest warrants in the situation in Afghanistan is an important vindication and acknowledgement of the rights of Afghan women and girls,” reads the press release the ICC released on Tuesday. “It also recognizes the rights and lived experiences of persons whom the Taliban perceived as not conforming with their ideological expectations of gender identity or expression, such as members of the LGBTQI+ community, and persons whom the Taliban perceived as allies of girls and women.” 

A report that Outright International released in 2023 notes Taliban officials have systematically targeted LGBTQ people — especially gay men and transgender women.

Taliban officials have subjected them to physical and sexual assault as well as arbitrary detention. The Outright International report also notes Taliban authorities have carried out public floggings for alleged same-sex sexual relations, and have collected intelligence on LGBTQ activists and community members.

Artemis Akbary, executive director of the Afghanistan LGBTIQ Organization, praised the ICC.

“Today is a historic moment for LGBTIQ victims and survivors,” he said on social media.

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District of Columbia

LGBTQ voters divided in Ward 8 special election

All four candidates on DC Council seat ballot are allies

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Former Ward 8 D.C. Council member Trayon White (Washington Blade photo by Lou Chibbaro, Jr.)

Political observers, including LGBTQ activists, believe LGBTQ voters in Ward 8, like most if not all voters in the ward, are divided over which of the four candidates to support in the July 15 special election to fill the ward’s vacant D.C. Council seat.

Each of the four candidates, all of whom are Democrats, including ousted Ward 8 council member Trayon White, who is running to recapture his seat, have expressed support for LGBTQ related issues.

The special election was called earlier this year after the D.C. Council voted unanimously to expel White following his indictment and arrest by the FBI on a federal bribery charge in August 2024.

He has pleaded not guilty to the charge and under D.C. law he can legally run for and regain his council seat until the time he is convicted of the charge. His trial is scheduled to begin in January 2026.

The three candidates challenging White — Sheila Bunn, Mike Austin, and Salim Adofo — are longtime Ward 8 community advocates who have been involved in local government affairs for many years and, according to LGBTQ activists who know them, have been supportive of LGBTQ rights.

White also has a record of supporting LGBTQ issues while serving on the council since 2017. Following his indictment, he won re-election by a wide margin in the November 2024 general election against a lesser-known Republican opponent.

Political observers say White’s indictment on a bribery charge is likely to alienate some of his past supporters, but they say he remains popular in the ward, and with three candidates dividing the opposition vote he could win the election with less than 50 percent of the divided vote count.

Two of the candidates, Bunn and Adofo, responded to a request by the Washington Blade sent to each of the four candidates asking for a statement summarizing their positions on LGBTQ related issues. In their respective statements Bunn and Adofo expressed strong support on a wide range of LGBTQ issues.

“In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community,” Bunn said in her statement. She noted that much of her work on behalf of LGBTQ rights took place when she served as chief of staff for D.C. Congressional Delegate Eleanor Holmes Norton and as a senior staff member for former D.C. Mayor Vincent Gray.

In his statement, Adofo said he advocated for a wide range of LGBTQ issues, including housing programs for homeless LGBTQ youth and supportive employment training programs for transgender residents.  

“At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them,” his statement says. Adofo’s positions in support of LGBTQ rights are also posted on his campaign website.

GLAA D.C, formerly known as the Gay and Lesbian Activists of Washington, released its ratings of three of the four candidates on June 22, based on its recent policy of basing its ratings mostly on non-LGBTQ specific issues. The group rates candidates on a scale of -10, the lowest possible rating, to +10, its highest rating.

It assigned a rating of +7.5 for Bunn, +6.5 for Austin, and +4.5 for Adofo. In a statement accompanying its ratings, GLAA said each of the three have a record of support on LGBTQ issues, but they lost rating points for not supporting non-LGBTQ related issues deemed important by GLAA.

GLAA said it did not issue a rating for White based on its policy of not rating candidates who are removed from office or resign due to allegations of ethics violations.

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, chose not to make an endorsement in the Ward 8 special election.

“We thought that this is best because this is a special election and in these unfamiliar times, we decided not to take a stand,” Howard Garrett, the group’s president, told the Blade.

Ward 8 gay Democratic activist Phil Pannell is supporting Adofo, he told the Blade, on grounds of Adofo’s strong support on LGBTQ issues and Adofo’s role as the only candidate in the Ward 8 special election who supported Initiative 83, the ballot measure passed by D.C. voters in November 2024 calling for a ranked choice voting system and open D.C. primaries. A lawsuit challenging the initiative filed by the D.C. Democratic Party has delayed its implementation.

Another longtime Ward 8 gay Democratic activist, David Meadows, is supporting Bunn. Meadows cites Bunn’s support for LGBTQ rights and her positions on other issues he supports as his reason for backing her candidacy.   

The D.C. Board of Elections website shows that the board mailed ballots for the special election to all Ward 8 registered voters. The website shows that as of July 7, 2,483 voters sent back their ballots by mail or placed them in drop boxes located throughout the ward.  

Early in-person voting at several polling places was scheduled to begin July 11, the website says, prior to the official election date of July 15 at all polling places throughout the ward.

Salim Adofo statement on LGBTQ issues:

Our campaign is rooted in the belief that everyone deserves to live with dignity, security, and opportunity. We are committed to building a safer, healthier, and more equitable District for all — where every voice is heard and every community is empowered. At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them. We recognize that the fight for equity is interconnected, and we prioritize action in the areas that most deeply impact our residents’ daily lives. As [a] council member, I will advocate for healthcare for all, boost funding for HIV/AIDS, Hepatitis, STD, and TB Administration (HAHSTA) programs to address disparities in health outcomes.

• Expand access to care by exempting digital-only telehealth services from the Certificate of Need (CON) process and increasing funding through the Department of Behavioral Health (DBH).

• Build a culturally competent workforce by removing licensure barriers and expanding the pipeline of LGBTQ+ mental health providers.

• Employment and economic equity: sustain workforce development efforts like Project LEAP, a successful investment in economic empowerment for TGD residents.

• Foster public-private partnerships by requiring D.C. HR to work with labor unions and local employers to host trans-affirming job fairs.

• Fund community-led training by supporting programs developed by TGD organizations, modeled after California’s Transgender Economic Empowerment Initiative.

• Housing with dignity: every LGBTQ+ resident deserves stable, affirming, and permanent housing. End youth homelessness with a community-centered strategic plan focused on expanding permanent housing and wraparound services.

• Support inclusive housing by continuing funding for LGBTQ+ housing vouchers and senior housing initiatives. 

• Safety and community support: create safe shelters by investing $2 million in a 20-bed LGBTQIA2S+ shelter for survivors of intimate partner violence and sexual assault.

• Empower community organizations with no-cost capacity-building support and streamlined access to D.C. grants for LGBTQ+-serving CBOs.

Sheila Bunn statement on LGBTQ issues:

In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community.

As chief of staff to Congresswoman Eleanor Holmes Norton, I helped prevent Congress from overturning the District’s 2009 marriage equality bill and worked on removing congressional riders from the District’s budget that prohibited the expenditure of locally raised funds for our needle-exchange program, which has been pivotal in HIV/AIDS prevention.

As part of Mayor Vincent C. Gray’s senior staff, I assisted in launching the District’s transgender employment initiative under the Project Empowerment Program, increasing training and job opportunities for transgender residents. We also employed a member of the transgender cohort in the Mayor’s Office of Community Affairs after their tenure, demonstrating our commitment to the program. I facilitated efforts to end health insurance discrimination based on gender identity with DISB’s 2013 bulletin, ensuring coverage for services like mastectomies and hormone replacement therapy. Additionally, I helped to coordinate Mayor Gray’s first LGBTQIA+ Youth Town Hall to address the concerns of LGBTQIA+ youth and participated in cultural competency training to better support the District’s significant LGBTQIA+ population.

Currently, I am a member of the Capital Stonewall Democrats, actively engaging in Pride events and supporting LGBTQIA+ causes like the DC LGBTQ+ Community Center, a one-stop shop for services and programs with critical social service partners. Through direct outreach to organizations serving the LGBTQIA+ community, I aim to understand and represent their issues effectively. I look forward to collaborating with GLAA, Capital Stonewall Democrats, and other allied organizations to shape legislation and policies that benefit our LGBTQIA+ residents and all District residents.

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El Salvador

#JusticiaParaKarla: una lucha por el derecho a la identidad en El Salvador

Karla Guevara inició su camino legal y personal en 2020

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Karla Guevara (Foto de Ernesto Valle por el Washington Blade)

Cinco años han pasado desde que Karla Guevara inició un camino legal y personal para lograr que su nombre y género sean reconocidos en su Documento Único de Identidad (DUI). Cinco años de sentencias, apelaciones, puertas cerradas y vulneraciones que hoy se resumen en una sola palabra: resistencia.

En medio de un país que aún arrastra estructuras jurídicas y sociales poco sensibles a las realidades trans, Guevara se ha convertido en una voz visible. No solo por la denuncia pública de su caso, sino por su capacidad de transformar el dolor en acción: ha iniciado la campaña #JusticiaParaKarla, la cual acompaña con conversatorios llamados “Si tú fueras yo” en diferentes zonas del país.

Su historia se remonta al año 2018, cuando, junto a otras tres defensoras de derechos humanos —Mónica Hernández, Bianca Rodríguez y Verónica López— interpuso una demanda para lograr el cambio de nombre legal. La acción se inspiró en la Opinión Consultiva 24/17 de la Corte Interamericana de Derechos Humanos, que obligó a los Estados miembros de la OEA a garantizar los derechos de las personas trans, incluyendo el reconocimiento de su identidad.

A diferencia de sus compañeras, cuyo proceso fue resuelto favorablemente, Guevara fue la única a quien el Estado salvadoreño le negó el derecho, incluso tras contar con una sentencia favorable. El camino ha sido empinado, desgastante y doloroso, y ha implicado múltiples etapas legales con resoluciones contradictorias.

El 8 de enero de 2020, el juzgado declaró su demanda improponible. Guevara apeló el 22 de ese mismo mes, pero la Cámara de Familia desestimó su recurso. Aun así, perseveró. En abril de 2021 presentó una segunda apelación, y en septiembre se revocó la decisión del juzgado, ordenando admitir su demanda. Una pequeña luz parecía abrirse.

En agosto de 2022, después de varios peritajes que, según Guevara, incluyeron momentos donde se sintió expuesta y violentada, recibió una sentencia favorable: se autorizaba su cambio de nombre y género en la partida de nacimiento. Sin embargo, esta victoria fue parcial y breve. Aunque se ordenó marginar su partida, no se ordenó cancelarla como en otros casos similares.

El 4 de octubre de ese mismo año, la sentencia fue enviada al Registro del Estado Familiar. Pero la respuesta institucional fue sorprendente: el 3 de noviembre, la Alcaldía de San Salvador se negó a realizar el cambio. El jefe del registro y el registrador presentaron un amparo ante la Sala de lo Constitucional, paralizando el proceso.

“No solo me lo negaron, sino que ahora me exponen a un juicio aún mayor”, expresa Guevara. La frustración y la indignación fueron creciendo. En febrero de 2023, presentó una denuncia ante la Fiscalía General de la República, aunque lo hizo con poca esperanza. “Temía que no harían nada”, dijo. Y el 16 de abril de 2024, sus temores se confirmaron: la Fiscalía archivó el caso alegando que “no existe delito que perseguir”.

El 19 de noviembre de ese mismo año, Guevara decidió acudir a instancias internacionales y presentó su caso ante la Comisión Interamericana de Derechos Humanos. La CIDH ya notificó al Estado salvadoreño y le otorgó un plazo de cuatro meses para responder por qué no ha ejecutado el cambio ordenado por el juzgado.

“Obviamente no van a dar respuesta”, lamenta Guevara. Lo dice con la voz entrecortada, como quien ya ha llorado mucho, pero no ha perdido la voluntad de hablar. Reconoce que el proceso le ha afectado emocionalmente. “Cada vez que hablo de esto se me corta la voz”.

Las heridas no solo vienen de las oficinas estatales, sino también de las calles. Las miradas, los comentarios, el momento de presentar el DUI en cualquier trámite. “Es como si cada vez tuviera que explicar mi existencia. Es un juicio constante sobre quién soy”.

Guevara no está sola. Reconoce que hay otras personas trans en la misma situación. “Lo preocupante es que solo pasa en algunas zonas del país. En otras ha habido casos exitosos”, afirma. La disparidad en el trato revela una preocupante arbitrariedad institucional.

Uno de esos casos exitosos es el de Valeria Mejía, coordinadora de monitoreo y evaluación de ASPIDH. Su DUI ya refleja su nombre identitario, aunque no su género. 

“Cuando recibí mi DUI con el nombre que me identifico pensé: aquí empieza una nueva vida”, relata.

Para Mejía, el cambio fue profundamente simbólico. “Uno ve pasar toda su vida frente a los ojos. Toda la discriminación, todos los rechazos. Sentí que algo sanaba”. A pesar de ello, su género asignado al nacer sigue apareciendo en el documento, lo que le genera inseguridad.

“El problema es que tengo que ir a todas las instituciones donde aparezco con mi nombre anterior. En el Seguro Social, por ejemplo, aún estoy registrada con el nombre masculino y no pueden atenderme, aunque el número del DUI sea el mismo”, explica.

Casos como los de Guevara y Mejía visibilizan una problemática estructural: el Estado salvadoreño no garantiza de forma uniforme el derecho a la identidad de las personas trans. Las resoluciones favorables son solo el primer paso. Su implementación efectiva aún tropieza con prejuicios, burocracia y omisiones.

Con la campaña #JusticiaParaKarla, la activista busca más que una solución a su caso personal. Busca generar conciencia, exigir coherencia legal y empujar una transformación cultural. En la marcha del 17 de mayo contra la LGBTIfobia, su presencia se hizo notar con camisetas, banners y mensajes que interpelan directamente al sistema.

Guevara ha hecho de su cuerpo, su voz y su historia una herramienta de resistencia. En cada conversatorio de “Si tú fueras yo”, invita a imaginar, a empatizar, a incomodarse. 

“Lo que me pasa a mí le puede pasar a cualquier persona trans. Y si el Estado no nos reconoce, nos niega también la posibilidad de existir plenamente”, expresa.

Hoy, la resolución está en manos de la CIDH y el tiempo corre. La lucha de Guevara ya no es solo por una partida de nacimiento. Es por el derecho a ser, a vivir sin miedo, a que el nombre que la representa no siga siendo un motivo de juicio, burla o rechazo.

Mientras tanto, sigue esperando. Sigue alzando la voz. Sigue sembrando esperanza en quienes vienen detrás. Porque como ella misma dice: “Esto no se trata solo de mí. Se trata de justicia”.

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