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U.S. Supreme Court refuses to block Texas anti-abortion law in 5-4 ruling

The Texas Legislature has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors

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Front row, left to right: Associate Justice Samuel A. Alito, Jr., Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Stephen G. Breyer, and Associate Justice Sonia Sotomayor. Back row, left to right: Associate Justice Brett M. Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, and Associate Justice Amy Coney Barrett. Photo Credit: Fred Schilling, Collection of the Supreme Court of the United States

WASHINGTON – Late Wednesday night the United States Supreme Court issued a ruling in the Texas anti-abortion law case which the court had earlier in the day let take effect. By a 5–4 vote, with U.S. Chief Justice John Roberts joining the liberal justices, the High Court will let stand Texas Senate Bill 8, a law that prohibits abortions after six weeks, with no exception for rape or incest.

“Roe v. Wade is, functionally, overturned.”

Constitutional lawyer and journalist Mark Joseph Stern.

The Texas law is considered the most restrictive in the nation banning abortion procedures after six weeks of pregnancy- a period when many women are unaware that they are pregnant.

In addition to preventing abortions after detection of an unborn child’s heartbeat; the bill further authorizes a ‘private civil right of action,’ that would allow members of the general public to sue those who might have violated the restrictions, which providers call a bounty hunting schemethe Texas Tribune noted.

Individuals who are sued under the ban could be required to pay the person who brought the lawsuit at least $10,000 for each abortion the defendant was involved in.

In her strongly worded dissent, Associate Supreme Court Justice Sonia M. Sotomayor, joined by Associate Justices Elena Kagan and Stephen Breyer, wrote a scathing takedown accusing her fellow Court members of “burying their heads in the sand.”

In his dissent, Chief Justice John Roberts took pains to explain; “Although the Court denies the applicants’ request for emergency relief today, the Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue. But although the Court does not address the constitutionality of this law, it can of course promptly do so when that question is properly presented.”

Justice Sotomayor also notes, “The Act is a breathtaking act of defiance … The Court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law.”

Justice Breyer taking aim at the law’s provisions that allows for third party interference and also be paid what amounts to a bounty to stop providers or women writes; “I agree with the Chief Justice, Justice Sotomayor , and Justices Kagan . Texas’s law delegates to private individuals the power to prevent a woman from obtaining an abortion during the first stage of pregnancy. But a woman has a federal constitutional right to obtain an abortion during that first stage.”

The National Center for Lesbian Rights, (NCLR) Legal Director Shannon Minter decried the High Court’s decision telling the Blade in an email late Wednesday evening;

Tonight’s decision by a majority of the Supreme Court to greenlight a blatantly unconstitutional Texas abortion ban should be a wakeup call to every LGBTQ person in this country. We cannot count on this Court to protect our freedom. Every day that goes by without the passage of a federal anti-discrimination law for LGBTQ people brings us closer to being stripped of the hard won rights and protections we have struggled for decades to secure, and that still do not exist in many states.

The Court’s decision will inspire copycat abortion bans in other states and accelerate the already overwhelming tsunami of anti-LGBTQ state laws. We are in a full blown red-state backlash against equality for women, Black and brown people, and LGBTQ communities, and our Supreme Court has abandoned any pretense of protecting vulnerable minorities. We must turn to Congress for protection and do everything in our power to enact federal protections for reproductive autonomy and a federal law prohibiting discrimination based on sexual orientation or gender identity.” 

In measured tones but with unmistakable underlying anger Justice Kagan in her dissent wrote “The majority’s decision is emblematic of too much of this Court’s shadow-docket decision making—which every day becomes more unreasoned, inconsistent, and impossible to defend.”

She added; “The majority “barely bothers to explain its conclusion” and “rewards Texas’s scheme to insulate its law from judicial review by deputizing private parties to carry out unconstitutional restrictions on the state’s behalf.”

Justice Sotomayor, offered; “In effect, the Texas Legislature has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors’ medical procedures.”

In his analysis, Stern writes; “It is simply impossible to say that Roe v. Wade is still the law of the land. The Supreme Court just allowed Texas to enforce a six-week abortion ban—giving other states a roadmap to do the same. Roe is no longer good law. The right to abortion has been functionally overturned.”

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Florida House committee passes “Don’t Say Gay” bill

Equality Florida quickly condemned the measure

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The Florida State Capitol (Washington Blade photo by Yariel Valdés González)

The Republican majority Florida House Education and Employment Committee on Thursday passed House Bill 1557, the Parental Rights in Education bill, colloquially referred to as the “Don’t Say Gay” bill advancing the measure to the full House.

HB 1557 and its companion bill, Senate Bill 1834, would ban classroom discussions about sexual orientation and gender identity in schools, erasing LGBTQ identity, history, and culture — as well as LGBTQ students themselves.

The bill also has provisions that appear to undermine LGBTQ support in schools and include vague parental notification requirements which could effectively “out” LGBTQ-identifying students to their parents without their consent.

“The Trevor Project’s research has found that LGBTQ youth who learned about LGBTQ issues or people in classes at school had 23 percent lower odds of reporting a suicide attempt in the past year. This bill will erase young LGBTQ students across Florida, forcing many back into the closet by policing their identity and silencing important discussions about the issues they face,” said Sam Ames, director of advocacy and government affairs at the Trevor Project. “LGBTQ students deserve their history and experiences to be reflected in their education, just like their peers.”

In an email to the Los Angeles Blade, Brandon J. Wolf, the press secretary for Equality Florida noted; “Governor DeSantis’ march toward his own personal surveillance state continues. Today, the Don’t Say Gay bill, a piece of legislation to erase discussion of LGBTQ people from schools in Florida, passed its first committee and became another component of an agenda designed to police us in our classrooms, doctor’s offices, and workplaces. Make no mistake — LGBTQ people are your neighbors, family members, and friends. We are a normal, healthy part of society and we will not be erased.”

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than 42 percent of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of transgender and non-binary youth.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85 percent of transgender and non-binary youth — and two-thirds of all LGBTQ youth (66 percent) — say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health.

When asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 56 percent of transgender and non-binary youth said it made them feel angry, 47 percent felt nervous and/or scared, 45 percent felt stressed, and more than 1 in 3 felt sad.

If you or someone you know needs help or support, the Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Get-Help, or by texting START to 678678. 

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NCAA adopts new policy amid fervor over transgender athletes

Sport-by-sport approach requires certain levels of testosterone

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NCAA, gay news, Washington Blade
The NCAA has adopted new policy amid a fervor over transgender athletes.

The National Collegiate Athletic Association has announced it has adopted new procedures on competition of transgender athletes, creating a “sport-by-sport” approach that also requires documentation of testosterone levels across the board amid a fervor of recently transitioned swimmers breaking records in women’s athletics.

The NCAA said in a statement its board of governors voted on Wednesday in support of the “sport-by-sport” approach, which the organization says “preserves opportunity for transgender student-athletes while balancing fairness, inclusion and safety for all who compete.”

Although the policy defers to the national governing bodies for individual sports, it also requires transgender athletes to document sport-specific testosterone levels beginning four weeks before their sport’s championship selections. The new policy, which consistent with rules for the U.S. Olympics, is effective 2022, although implementation is set to begin with the 2023-24 academic year, the organization says.

John DeGioia, chair of the NCAA board and Georgetown president, said in a statement the organization is “steadfast in our support of transgender student-athletes and the fostering of fairness across college sports.”

“It is important that NCAA member schools, conferences and college athletes compete in an inclusive, fair, safe and respectful environment and can move forward with a clear understanding of the new policy,” DeGioia said.

More specifically, starting with the 2022-23 academic year, transgender athletes will need to document sport-specific testosterone levels beginning four weeks before their sport’s championship selections, the organizational. These athletes, according to the NCAA, are also required to document testosterone levels four weeks before championship selections.

In terms of jurisdiction, the national governing bodies for individual sports are charged determines policies, which would be under ongoing review and recommendation by the NCAA, the organizational says. If there is no policy for a sport, that sport’s international federation policy or previously established International Olympics Committee policy criteria would be followed.

The NCAA adopts the policy amid controversy over University of Pennsylvania swimmer Lia Thomas smashing records in women’s swimming. Thomas, which once competed as a man, smashed two national records and in the 1,650-yard freestyle placed 38 seconds ahead of closest competition. The new NCAA policy appears effectively to sideline Thomas, who has recently transitioned and unable to show consistent levels of testosterone.

Prior to the NCAA announcement, a coalition of 16 LGBTQ groups, including the Human Rights Campaign and Athlete Ally, this week sent to a letter to the collegiate organization, urging the organizations strengthen non-discrimination protections as opposed to weakening them. The new policy, however, appears to head in other direction, which the LGBTQ groups rejected in the letter.

“While decentralizing the NCAA and giving power to conferences and schools has its benefits, we are concerned that leaving the enforcement of non-discrimination protections to schools will create a patchwork of protections rather than a comprehensive policy that would protect all athletes, no matter where they play,” the letter says. “This would be similar to the patchwork of non-discrimination policies in states, where marginalized groups in some states or cities are protected while others are left behind by localities that opt not to enact inclusive policies.”

JoDee Winterhof, vice president of policy and political affairs for the Human Rights Campaign, said in a statement after the NCAA announcement the new policy was effectively passing the buck.

“If the NCAA is committed to ensuring an environment of competition that is safe, healthy, and free from discrimination, they cannot dodge the question of how to ensure transgender athletes can participate safely,” Winterhof said. “That is precisely why we and a number of organizations across a wide spectrum of advocates are urging them to readopt and strengthen non-discrimination language in their constitution to ensure the Association is committed to enforcing the level playing field and inclusive policies they say their values require. Any policy language is only as effective as it is enforceable, and with states passing anti-transgender sports bans, any inclusive policy is under immediate threat. We are still reviewing the NCAA’s new policy on transgender inclusion and how it will impact each and every transgender athlete.”

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Transgender rights group’s Los Angeles office receives bomb threat

[email protected] Coalition evacuated

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(Public domain photo)

A bomb threat was phoned in Wednesday afternoon to the Wilshire Boulevard Koreatown offices of the [email protected] Coalition, Bamby Salcedo, the president and CEO of the non-profit organization told the Los Angeles Blade.

According to Salcedo, an unidentified male caller told the staff person who answered at approximately 3 p.m., while delivering the threat said; “You’re all going to die.” The staff immediately evacuated everyone from their offices and then contacted the Los Angeles Police Department for assistance.

Officers, specialists and detectives from the Rampart Division of the LAPD responded and swept the building. A spokesperson for the LAPD confirmed that the incident is under active investigation but would make no further comment.

On a Facebook post immediately after the incident the non-profit wrote; “To ensure the safety of our clients and staff members, we ask that you please NOT come to our office.”

In a follow-up post, Salcedo notified the organization and its clientele that the LAPD had given the all-clear and that their offices would resume normal operations Thursday at 9:00 a.m. PT.

“Thank you for your messages and concern for our staff and community,” Salcedo said.

“No amount of threats can stop us from our commitment to the TGI community,” she added.

The [email protected] Coalition was founded in 2009 by a group of transgender and gender non-conforming and intersex (TGI) immigrant women in Los Angeles as a grassroots response to address the specific needs of TGI Latino immigrants who live in the U.S.

Since then, the agency has become a nationally recognized organization with representation in 10 different states across the U.S. and provides direct services to TGI individuals in Los Angeles.

In 2015, the [email protected] Coalition identified the urgent need to provide direct services to empower TGI people in response to structural, institutional, and interpersonal violence, and the Center for Violence Prevention and Transgender Wellness was born.

Since then, the organization has secured funding from the state and local government sources as well as several private foundations and organizations to provide direct services to all TGI individuals in Los Angeles County.

The [email protected] Coalition’s primary focus is to change the landscape of access to services for TGI people and provide access to comprehensive resource and services that will improve the quality of life of TGI people.

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