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House votes to defund trans military ban in rebuke to Trump

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Rep. Chris Pappas (D-N.H.), on left, and Rep. Jackie Speier (D-Calif.), second from right, join transgender service members in the Capitol Rotunda before the State of the Union Address on Feb. 5, 2019. (Washington Blade file photo by Michael Key)

The U.S. House delivered on Tuesday evening a stinging rebuke to President Trump’s transgender military ban, adopting an amendment that would bar the use of U.S. funds to pay for the policy.

The vote on the amendment, introduced by Reps. Anthony Brown (D-Md.) and Jackie Speier (D-Calif.), was 243-183 and largely along party lines. The measure was adopted as part of $983 billion minibus legislation for fiscal year 2020 seeking to fund the Defense Department, as well as labor, health and human services, education, state-foreign operations and energy and water development.

The amendment passed with bipartisan support. Nine Republicans — Reps. Justin Amash (Mich.), Mario Diaz-Balart (Fla.), Tom Emmer (Minn.), Brian Fitzpatrick (Pa.), Anthony Gonzalez (Ohio), Trey Hollingsworth (Ind.), Will Hurd (Texas), John Katko (N.Y.) and Tom Reed (N.Y.) — voted “yes” on the measure.

However, one Democrat voted against it: Rep. Colin Peterson (Minn).

Before April, transgender people could enlist and serve openly in the military thanks to a policy change during the Obama administration. But under the new Trump administration policy, a diagnosis of gender dysphoria disqualifies potential enlistees, and a diagnosis of gender dysphoria — with the exception of transgender people already serving in the armed forces — is cause for discharge.

It’s not the first time the House has voted to rebuked the transgender military ban. In March, the chamber approved a non-binding resolution introduced by Kennedy against the Trump administration policy.

After the House approves the underlying minibus legislation, it will head to the Senate, which has yet to take up any appropriations bills for fiscal year 2020.

Any version of the spending bill with a provision against the transgender military ban would likely not fare well in the Republican-controlled chamber. (But passage isn’t impossible. Ending a filibuster on budgetary legislation requires a majority vote in the Senate, unlike the 60 votes needed to proceed with policy legislation.)

The White House has already issued a veto threat over the minibus legislation, but for reasons wholly unrelated to the transgender military ban. In a White House Office of Management & Budget Statement of Administration Policy opposes the legislation, citing concerns about raising discretionary spending caps by more than $350 billion in fiscal years 2020 and 2021 and putting the U.S. government on track to add nearly $2 trillion in deficits over 10 years.

The vote on the Brown-Speier amendment will likely not be the last word from the House on the transgender military ban. Rep. Adam Smith (D-Wash.), chair of the House Armed Services Committee, said he expects a floor vote against the policy as the part of the fiscal year 2020 defense authorization bill, which is legislation separate from the appropriations bill.

Jennifer Levi, director of the transgender rights project at GLBTQ Legal Advocates & Defenders, commanded the House in a statement for approving the amendment against the transgender ban.

“A policy that turns away qualified, dedicated Americans who want to serve their country is baseless, discriminatory, and ultimately weakens our military,” Levi said.

Shannon Minter, legal director for the National Center for Lesbian Rights, referenced in a statement on the amendment polls showing a supermajority of the American public are against the policy.

“Military leaders don’t want this ban and the American people don’t want this ban — including a growing percentage of the president’s own party,” Minter said. “We won’t stop fighting in the courts to end the ban for good and we applaud members of Congress for continuing to fight for our transgender service members as well.”

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Immigrant rights groups demand ICE release transgender, HIV-positive detainees

Letter notes Roxsana Hernández case

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The Adams County Correctional Center in Natchez, Miss., is a privately-run facility that U.S. Immigration and Customs Enforcement uses to house some of its detainees. Eight immigrant rights groups have demanded ICE release all transgender people and people with HIV in their custody. (Washington Blade photo by Michael K. Lavers)

Eight immigrant advocacy groups this week demanded the release of all transgender and HIV-positive people who are in immigrant detention facilities.

Immigration Equality, the National Center for Lesbian Rights, the Transgender Law Center, the Santa Fe Dreamers Project, the Center for Victims of Torture, Familia: Trans Queer Liberation Movement, Mijente and the National Immigrant Justice Center made the request in a letter they sent to Homeland Security Secretary Alejandro Mayorkas and acting U.S. Immigration and Customs Enforcement Director Tae Johnson on June 16.

“As you know, transgender and HIV-positive people are severely suffering in U.S. immigration detention facilities,” reads the letter. “Those who do not perish from mortally deficient medical negligence are regularly mistreated, isolated and sexually assaulted.”

The letter notes DHS “for years” has “attempted to create conditions of confinement that are safe for these historically disenfranchised minorities.”

“This has been a fool’s errand,” it says. “Under both Democrat and Republican leadership, DHS has wasted millions of taxpayer dollars attempting to overcome a simple and inevitable truth: It is not possible for the U.S. government to house transgender and HIV-positive asylum seekers safely. Every progressive policy, every well-meaning protocol and every specialized facility has utterly failed. This has to stop. It is in your exclusive power to put an end to this ongoing human rights atrocity.”

“What makes this situation even more intolerable, is that the vast majority of the transgender and HIV-positive people suffering in immigration detention fled to the U.S. to escape persecution and torture,” adds the letter. “To these asylum seekers, the U.S. is more than a symbol of liberty. It is one of the few places in the world where they may hope to build a safer future. And yet, by detaining trans and HIV-positive people in such inhumane and unsafe conditions, the U.S. government is subjecting them to some of the same kinds of mistreatment they sought to escape.”

The groups in their letter demand ICE and U.S. Customs and Border Protection “to immediately release all transgender and HIV-positive people in their custody” and “review its system for identifying transgender and HIV-positive individuals, and work with stakeholders to ensure that it is effective and safe.” The groups also seek the creation of a policy “that deems all transgender and HIV-positive individuals non-detainable.”

The letter notes the case of Roxsana Hernández, a trans asylum seeker from Honduras with HIV who died in a New Mexico hospital on May 25, 2018, while she was in ICE custody.

Hernández’s family in a lawsuit it has filed against the federal government and five private companies who were responsible for Hernández’s care allege she did not have adequate access to medical care and other basic needs from the time she asked for asylum at the San Ysidro Port of Entry in San Diego on May 9, 2018, to her arrival at the Cibola County Correctional Center, a privately-run facility in Milan, N.M., a week later.

ICE in 2017 opened a unit for trans women at the Cibola County Correctional Center. It closed last year.

A picture of Roxsana Hernández, a transgender Honduran woman with HIV who died in ICE 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 letter also notes the case of Johana “Joa” Medina León, a trans woman with HIV from El Salvador who asked for asylum in the U.S. in 2019 after she suffered persecution in her home country because of her gender identity.

Medina was in ICE custody at the privately-run Otero County Processing Center in Chaparral, N.M., until her transfer to a hospital in nearby El Paso, Texas, on May 28, 2019. ICE on the same day released Medina from their custody.

Medina died three days later.

“She became worse, worse, worse,” Medina’s mother, Patricia Medina de Barrientos, told the Washington Blade in an exclusive interview in the Salvadoran capital of San Salvador that took place a few weeks after Medina’s death. “She asked for help because she was a nurse, but they refused. She was denied help. There was no medical attention.”

Johana “Joa” Medina León, a transgender woman with HIV from El Salvador, died on June 1, 2019, at a hospital in El Paso, Texas, three days after ICE released her from their custody. (Photo courtesy of Patricia Medina de Barrientos)

The letter also includes testimonials from dozens of other trans and/or HIV-positive people who say they suffered physical abuse and survived sexual assault while in ICE custody. They also allege they did not receive adequate health care — including access to hormones and antiretroviral drugs — while in detention.

“Throwing LGBTQ and HIV-positive asylum seekers into prison is cruel, expensive and dangerous. For transgender and HIV-positive people, it can even be deadly,” said Immigration Equality Policy Director Bridget Crawford in a statement. “In response to years of consistently documented abuses against the community, the government has implemented ineffective half-measures that have utterly failed. That is why we have demanded that DHS release all transgender and HIV-positive people immediately. No one should ever be locked into prison because they fled persecution based on their sexual orientation, gender identity, or HIV status. Doing so during a pandemic is a human rights atrocity.”

Immigration Equality is among the groups that have previously demanded ICE release all trans people who are in their custody. Advocacy organizations have also called for the release of people with HIV in ICE custody, especially during the COVID-19 pandemic.

DHS, which oversees ICE, has not responded to the Blade’s request for comment on the June 16 letter.

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Transgender man murdered in Va.

EJ Boykin was shot outside Lynchburg store on June 14

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EJ Boykin (Photo courtesy of Facebook)

A transgender man was murdered in Lynchburg, Va., on June 14.

The News and Advance, a local newspaper, reported EJ Boykin, who was also known as Novaa Watson, was shot outside a Family Dollar store on the city’s Fort Avenue at around 6 p.m. Boykin passed away at Lynchburg General Hospital a short time later.

A spokesperson for the Lynchburg Police Department told the News and Advance the shooting may have been the result of a domestic dispute. Authorities added there is no evidence to currently suggest the shooting was a hate crime based on Boykin’s gender identity.

Pittsburgh Lesbian Correspondents reported Boykin was born and raised in Baltimore and was a student at Morgan State University. The blog said Boykin celebrated his 23rd Birthday on June 10, four days before his murder.

Tori Cooper, the director of community engagement for the Human Rights Campaign’s Transgender Justice Initiative, in a statement notes Boykin is the fifth Black trans person reported killed in 2021. HRC notes at least 29 trans or gender non-conforming people are known to have been murdered so far this year.

“The level of fatal violence we’ve recorded this year is higher than we’ve ever seen,” said Cooper. “All of these individuals deserved to live. We must strike at the roots of racism and transphobia, and continue to work toward justice and equality for trans and gender non-conforming people.”

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Comings & Goings

Jarvis lands lead consultant role at Meridian

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Ted Jarvis

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Ted Jarvis on his new position as Lead Consultant with Meridian Compensation Partners, in D.C. He will work on executive compensation, governance research and development. When asked for a response to news of his new role, Jarvis told this story: “I was on the prowl for a new job, I contacted the CEO of Meridian, who worked closely with me during our years at Towers Perrin. After half an hour on the phone, he asked: ‘Send me a list of things you really like to do.’ I followed up with a list of activities that continually engage my interest. Within a few days he mailed me a job description that reiterated my list almost word-for-word. I feel truly blessed to have a job so aligned with what I enjoy doing. This is going to be great.”

Prior to working for Meridian, Jarvis worked as Managing Director with Main Data Group in D.C. and Wilton Manors, Fla. He has also worked as Global Director of Executive Compensation Data, Research & Publications, Mercer, in D.C.; principal with Willis Towers Watson; and as a research consultant with McKinsey & Company. Jarvis is a member of the Lotos Club (New York); a benefactor at Drew University (Morristown, N.J.). He funded two undergraduate prizes (Wettstein Drama Prize; Norton Wettstein and Jane Brown Memorial Prize for Outstanding Academic Achievement); a benefactor, Woodmere Art Museum (Philadelphia): funded William Joseph Coverley-Smith Prize, awarded annually at the Juried Art Competition; and a benefactor, St. Thomas’s Episcopal Church (Rochester, N.Y.).

Jarvis earned his MBA from The University of Chicago, Booth School of Business; his bachelor’s (cum laude); his Ph.D. (ABD) major in music history, literature and theory from NYU. He earned a Fulbright Scholarship to the University of Vienna.

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