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Mich. court rules anti-trans discrimination is illegal, but not anti-gay discrimination

State AG, a lesbian, vows to appeal decision

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Connor Climo, gay news, Washington Blade
A Michigan court has anti-trans discrimination is unlawful, but not anti-gay discrimination.

A judge in Michigan has determined state civil rights law prohibits businesses from discriminating against customers for being transgender, but not on the basis of sexual orientation — a decision the state’s top lawyer on Thursday has vowed to appeal.

In a seven-page decision, Judge Christopher Murray this week ruled case law in Michigan makes clear anti-gay discrimination isn’t covered under the Elliot-Larsen Civil Rights Act, but with no clear precedent on anti-transgender discrimination, the state must defer to U.S. legal jurisprudence.

Although the Michigan Civil Rights Commission has determined anti-LGBTQ discrimination is a form of sex discrimination under state law, Murray reverses the panel with respect to anti-gay and anti-bi discrimination, citing Barbour v. Department of Social Services, a decision from the Michigan Court of Appeals in 1993.

“With respect to whether sexual orientation falls within the meaning of ‘sex’ under the ELCRA, the Court of Appeals has already concluded that it does not,” Murray writes. “Being a decision published after Nov. 1, 1990, Barbour is binding on this court…and must be followed.”

Murray recognizes the U.S. Supreme Court’s landmark decision this year in Bostock v. Clayton County, which found anti-LGBTQ discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964. However, Murray concludes whether or not that ruling has implications for state law with regard to anti-gay discrimination is “a matter for the Court of Appeals, not this court.”

But with respect to anti-transgender discrimination, Murray reaches a different conclusion and finds “no guiding decision exists on the meaning of a provision within the ELCRA,” therefore he must defer to federal law and the Bostock ruling.

“Following the Bostock Court’s rationale, if defendants determine that a person treated someone who ‘identifies’ with a gender different than the gender that he or she was born as, then that is dissimilar treatment on the basis of sex, and they are entitled to redress that violation through the existing MDCR procedures,” Murray writes. “Nothing in the ELCRA would preclude that action.”

Murray takes note the companies asked him to declare enforcing the Elliot-Larsen Civil Rights Act to prohibit anti-LGBTQ discrimination would be inconsistent with freedom of religion under both the U.S. and Michigan Constitutions, but he declines to make that finding on the basis that the issue “has not been sufficiently briefed to resolve at this juncture.”

Michigan Attorney General Dana Nessel, a lesbian, vowed in a statement on Thursday she would appeal the decision to the Michigan Court of Appeals.

“I respectfully disagree with the Michigan Court of Claims on its ruling in this case as it relates to sexual orientation,” Nessel said. “Michigan courts have held that federal precedent is highly persuasive when determining the contours of the Elliott-Larsen Civil Rights Act, and federal courts across the country – including the U.S. Supreme Court in Bostock v Clayton County – have held that discrimination on the basis of sexual orientation is a form of sex discrimination.”

Nessel added she intends to argue on behalf of the Michigan Department of Civil Rights “all Michigan residents are entitled to protection under the law – regardless of their gender identity or sexual orientation – in our appeal to this decision.”

Plaintiffs in the lawsuit – Rouch World, which operates wedding venues in Southern Michigan and Uprooted Electrolysis in Marquette – are businesses denied services based on religious grounds to customers who were either a same-sex couple or an individual was transitioning their gender identity. 

Rouch World declined to host a same-sex wedding in 2019 and Uprooted Electrolysis refused service to a transgender woman. Both companies civil rights faced complaints in state court for anti-LGBTQ discrimination.

Stacie Clayton, chair of the Michigan Civil Rights Commission, said in a statement the commission “welcomes” Nessel’s decision to appeal the ruling.

“We are encouraged that the Michigan Court of Claims has ruled the word ‘sex’ in ELCRA encompasses gender identity, but we will continue to argue that the U.S. Supreme Court was right to conclude, as did the Michigan Civil Rights Commission, that ‘sex’ in this context is also inclusive of sexual orientation,” Clayton said. “We are confident that Michigan’s appellate courts will do the same.”

Federal law would be no help to LGBTQ people in Michigan who face discrimination from business as customers. Although the Bostock applies to every federal law that bars sex discrimination, no federal law bars discrimination on the basis of sex in public accommodation, so the ruling doesn’t apply to businesses in this context.

The Equality Act, legislation to expand the prohibition on anti-LGBTQ discrimination under federal civil rights law, would make anti-LGBTQ and sex discrimination in public accommodations illegal and expand the definition of public accommodations under federal law to include retail stores, banks, transportation services and health care services.

h/t LGBTQ Nation

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Patrick O’Connell, acclaimed AIDS activist, dies at 67

Played key role in creating red ribbon for awareness

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Activist Patrick O’Connell was instrumental in creating the red ribbon to promote AIDS awareness. (Photo courtesy of Allen Frame; courtesy Visual AIDS)

Patrick O’Connell, a founding director of the New York City-based AIDS advocacy group Visual AIDS who played a lead role in developing the internationally recognized display of an inverted, V-shaped red ribbon as a symbol of AIDS advocacy, died on March 23 at a Manhattan hospital from AIDS-related causes, according to the New York Times. He was 67.

Visual AIDS said in a statement that O’Connell held the title of founding director of the organization from 1980 to 1995.

During those years, according to the statement and others who knew him, O’Connell was involved in the group’s widely recognized and supported efforts to use art and artist’s works to advocate in support of people with HIV/AIDS and efforts to curtail the epidemic that had a devastating impact on the art world.

Thanks to a grant from the Art Matters foundation, Visual AIDS was able to retain O’Connell as its first paid staff member in 1990, the group said in its statement.

“Armed with a fax machine and an early Macintosh computer, Patrick helped Visual AIDS grow from a volunteer group to a sustainable non-profit organization,” the statement says. “A passionate spokesperson for the organization, he helped projects like Day Without Art, Night Without Light, and the Red Ribbon reach thousands of people and organizations across the world,” the group says in its statement.

“We were living in a war zone,” the statement quoted O’Connell as saying in a 2011 interview with the Long Island newspaper Newsday. “But it was like a war that was some kind of deep secret only we knew about,” O’Connell said in the interview. “Thousands were dying of AIDS. We felt we had to respond with a visible expression,” he told the newspaper.

With O’Connell’s help, Visual AIDS in 1989 organized the first annual Day Without Art in which dozens of galleries and museums in New York and other cities covered art works with black cloths to symbolize the mourning of those who died of AIDS. Among those participating were the Brooklyn Museum, the J. Paul Getty Museum in Los Angeles, and the Metropolitan Museum of Art in New York, which replaced a Picasso painting with a “somber informational placard,” according to the New York Times.

In 1990 O’Connell helped Visual AIDS organize the first Night Without Light, which was held at the time of World AIDS Day. New York City’s skyscraper buildings, bridges, monuments, and Broadway theaters turned off their lights for 15 minutes to commemorate people who lost their lives to AIDS, the New York Times reported.

In the kickoff of its Red Ribbon Project in 1991, McConnell helped organize volunteers to join “ribbon bees” in which thousands of the ribbons were cut and folded for distribution around the city, the Times reports. Those who knew McConnell said he also arranged for his team of volunteers to call Broadway theaters and producers of the upcoming Tony Awards television broadcast to have participants and theater goers display the red ribbons on their clothes.

Among those displaying a red ribbon on his label at the Tony Awards broadcast was actor Jeremy Irons, who was one of the hosts. In later years, large numbers of celebrities followed the practice of wearing the red ribbon, and in 1993 the U.S. Postal Service issued a red ribbon stamp.

The Times reports that O’Connell was born and raised in Manhattan, where he attended Fordham Preparatory School and later graduated from Trinity College in Hartford, Conn., in 1973 with a bachelor’s degree in history. According to Visual AIDS, O’Connell served as director of the Hallwalls arts center in Buffalo, N.Y. from 1977 to 1978 before returning to New York City to work for a gallery called Artists Space.

The Times reports that O’Connell learned in the middle 1980s that he had contracted AIDS and began a regimen of early AIDS treatment with a cocktail of over 30 pills a day. His involvement with Visual AIDS, which began in 1989, ended on an active basis in 1995 when his health worsened, the Times reports.

As one of the last remaining survivors of his New York contemporaries who had HIV beginning in the 1980s, O’Connell continued in his strong support for AIDS-related causes through 2000s and beyond, people who knew him said.
Visual AIDS says it is gathering remembrances and photos for a tribute post for O’Connell on its website. It has invited people to share their memories of him by sending written contributions and images via email to: [email protected].

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Caitlyn Jenner releases campaign ad and social media reacts- ‘enough already’

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MALIBU – Former Trump presidential campaign manager Brad Parscale released the first campaign advert Tuesday for reality television celebrity Caitlyn Jenner who is running to replace California Governor Gavin Newsom in the recall election race.

The ad drew an immediate and overwhelmingly negative reaction for exasperated social media users, many who identify as LGBTQ, decrying the reality TV personality getting into politics.

Jenner, 71, who is Trans herself, had drawn a firestorm of criticism over the past few days after she was caught outside a Malibu coffee spot Saturday and made remarks to a reporter from celebrity tabloid media outlet TMZ, saying that she didn’t think it was fair to have trans women athletes competing in girls’ and women’s sports.

In Tuesday’s advert, Jenner claims to be a “compassionate disrupter” and offers to rebuild and reopen California while in imagery silently alludes that Newsom in conjunction with ‘big government’ has somehow destroyed the state.

“I came here with a dream 48 years ago, to be the greatest athlete in the world,” she says in the ad, noting her own history in the state. “Now I enter a different kind of race, arguably my most important one yet: to save California.”

Reaction to the ad has been brutal. (Sampling below)

Another challenger to Newsom also released a campaign video Tuesday Sacramento’s Fox affiliate KTXL reported.

California businessman John Cox, who has challenged Newsom previously for the governorship launched his Meet the Beast Bus Tour Tuesday morning at Miller Regional Park in Sacramento. Cox brought a live bear with him.

Throughout the news conference, Cox attacked Newsom’s handling of the state’s response to the COVID-19 pandemic, water management and strain on the power grid.

Cox lost the 2018 general election to Newsom by 23 points.

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National transgender military advocacy group elects new president

Bree Fram has been SPARTA member since 2014

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Lt. Col. Bree Fram (Photo courtesy of SPARTA)

SPARTA, the nation’s leading transgender military service advocacy organization, announced Saturday that it had elected Bree Fram as its new board chair and president of the organization.

She has been a member of SPARTA since 2014 and has served on the board of directors since April 2018, most recently as vice president. Fram is also a lieutenant colonel and astronautical engineer in the U.S. Air Force and will soon be recommissioning into the U. S. Space Force.

She is currently a student at the U.S. Naval War College with a follow-on assignment to the Department of Defense at the Pentagon.

“I’m honored and humbled to serve as SPARTA president on behalf of so many amazing transgender service member,” said Fram. “We will do our utmost to continue SPARTA’s a rich history of incredible dedication and progress. My heartfelt thanks go to the previous leaders of the organization, including Sue Fulton, Jacob Eleazar, Blake Dremann, and Emma Shinn, and all our members for the incredible achievements of the past eight years. Despite setbacks, their desire to make transgender military service possible is reality again as of yesterday as the new Department of Defense Policy went into effect.”

The immediate past president, Emma Shinn served through a challenging time as President Trump’s ban on transgender service went into effect in April 2019. Her leadership rallied the organization and ensured SPARTA remained dedicated to positive change.

With the January 2021 executive order from President Biden directing the Defense Department to re-implement open transgender service, she and the organization celebrated a major success that will benefit all members of SPARTA and the nation.

“Leading SPARTA for the past two years has been a tremendous honor and privilege,” stated Shinn as her time at the head of SPARTA came to an end. She continued, “I am confident that SPARTA will continue to help our military and nation recognize the value trans service members bring to the mission. I am thankful for the opportunity SPARTA has given me to work with leaders in the DoD, legislators, and partner groups to make open trans service a reality again. I look forward to continuing to work with this amazing group of people under Bree’s leadership. I am excited for the future of our organization and nation.”

In a press release the organization noted that Fram’s remarks highlighted the fact that SPARTA’s mission is not over. “Although transgender service members have already proven they belong on the battlefield and here at home,” she said. “We need to ensure they can’t be erased in the future by an administration set on turning back the clock. Beyond ensuring our members can thrive in their careers, my top priority is to ensure the opportunity to serve is enshrined in law.”

Fram spoke on additional goals for SPARTA during her tenure and listed the following:

·  Minimize the administrative burden and career impact of transition in the military

·  Advocate for inclusion of transgender voices in policy making

·  Push for inclusive policies regarding intersex and non-binary military service

“All Americans who are otherwise qualified to serve in the military should have the opportunity to do so,” Fram summarized. “This nation will be better and better defended with inclusive policies that enable the military to draw upon the best talent this nation has to offer.”

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