A transgender woman from Zimbabwe who lives in Rockville won her asylum case in late October after living in the U.S. for the past five years.
Mattie Tux Horton was represented by Ankush Dhupar from the Los Angeles law firm Paul Hastings LLP.
“I feel at ease,” said Horton. “Although a lot is going on in the [United States], it’s [significantly] different compared to where I’m coming from.”
Horton said that she now considers the U.S. to be her home.
Although she has been living in Maryland for a while now, receiving asylum stripped away the anxiety associated with returning to Zimbabwe had the U.S. Citizenship and Immigration Services agency denied her request.
With protection from the U.S. government, Horton gets to live in a safe environment and without the vile treatment she encountered in Zimbabwe because of her transness.
In her hometown of Bulawayo, Horton faced constant public humiliation and was once fired from her job as a graphic artist because of her dress presentation, according to an interview she did with Medium.
She was attacked by a violent group of men in 2014, and was outed later that year following a holiday trip to South Africa, according to the interview.
This incident garnered media attention and The Sunday News, a Zimbabwean newspaper, published an article in which it misgendered Horton throughout the entire piece.
This prompted Horton to apply for a U.S. visa so she could attend an LGBTQ leadership conference in D.C. and remove herself from the cacophony in her town.
The Sunday News later ran a story about Horton’s departure in which they misgendered her again and referred to her as a “transgender man” and “alleged gay.”
Horton arrived in D.C. in December 2016 and began her asylum process there.
While visiting a friend in Los Angeles, she connected with the city’s Human Rights First chapter that referred her to Dhupar, who represented her pro bono.
Dhupar is a labor and employment law attorney at Paul Hastings LLC and he volunteered to work on Horton’s case as part of his firm’s partnership with Human Rights First to do pro bono LGBTQ advocacy work.
Horton’s asylum was his first ever immigration case.
While the legal underpinnings of immigration were new to him, Dhupar did not struggle to situate his modus operandi because of how compelling Horton’s case was.
“I always referred to the facts of the case because the law is geared towards helping situations like [Horton’s] where someone fears for their life in their home country,” said Dhupar.
Dhupar also added that Horton’s case was a prime example of why the asylum process exists.
Horton submitted a psychological evaluation in February 2021 that would expedite her asylum case and grant her an interview notice sooner than usual.
At that point she had lived in the U.S. for more than four years, but she still had to wait a couple more months before she was called for an interview. This caused Horton to feel trepid about whether her case was strong enough.
“I went through depression and had psychological breakdowns,” said Horton. “I have friends who were called in for an interview months after moving here and didn’t have to wait five years [like I did].”
This hurdle, however, gave Horton and Dhupar adequate time to build an indisputable case. The two built a personal relationship that kept them vigilant despite the abounding uncertainty.
“She was a perfect advocate for herself and took the initiative to make sure the case did not fall on the backburner,” said Dhupar.
Now that she has won her case, Horton is taking time to relish on her recent success.
“I’m going to take a breather,” she said.
She also plans to secure full-time employment in 2022 and build a makeup brand. Horton currently works part time as a steering committee member — a role she says is fulfilling — at the Black LGBTQIA+ Migrant Project- Transgender Law Center.
There, she links Black trans and gender nonconforming individuals to education, employment, legal and healthcare resources.
In plea deal, D.C. trans woman’s killers could be free in 3 years
Two in 2016 killing of Dee Dee Dodds guilty of voluntary manslaughter
A D.C. LGBTQ anti-violence group will be submitting a community impact statement for a D.C. Superior Court judge scheduled to sentence two men on Dec. 10 for the July 4, 2016, shooting death of transgender woman Deeniquia “Dee Dee” Dodds in a case D.C. police listed as a hate crime.
Stephania Mahdi, chair of the D.C. Center for the LGBT Community’s Anti-Violence Project, told the Washington Blade the project has been in contact with the Office of the U.S. Attorney for D.C., which is prosecuting the case against the two defendants set to be sentenced this week, to arrange for the submission of a statement on the impact the murder of Dodds has had on the community.
The impact statement would also apply to the sentencing of two other men charged in the Dodds murder case who are scheduled to be sentenced on Dec. 20.
The Dec. 10 sentencing for Jolonta Little, 30, and Monte T. Johnson, 25, was set to take place a little over two months after Little and Johnson pleaded guilty on Sept. 30 to a single count of voluntary manslaughter as part of a plea bargain deal offered by prosecutors.
In exchange for the guilty plea for voluntary manslaughter, prosecutors with the U.S. Attorney’s Office agreed to drop the charge of first-degree murder while armed originally brought against the two men. The plea agreement also called for dropping additional charges against them in connection with the Dodds murder, including robbery while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm.
In addition, the plea agreement includes a promise by prosecutors to ask D.C. Superior Court Judge Milton C. Lee, who is presiding over the case, to issue a sentence of eight years in prison for both men. Under the D.C. criminal code, a conviction on a voluntary manslaughter charge carries a maximum sentence of 30 years in prison.
Johnson has been held without bond for five years and three months since his arrest in the Dodds case in September 2016. Little has been held without bond since his arrest for the Dodds murder in February 2017. Courthouse observers say that judges almost always give defendants credit for time served prior to their sentencing, a development that would likely result in the two men being released in about three years.
The plea deal for the two men came two and a half years after a D.C. Superior Court jury became deadlocked and could not reach a verdict on the first-degree murder charges against Johnson and Little following a month-long trial, prompting Judge Lee to declare a mistrial on March 6, 2019.
The two other men charged in Dodds’ murder, Shareem Hall, 27, and his brother, Cyheme Hall, 25, accepted a separate plea bargain offer by prosecutors shortly before the start of the 2019 trial in which they pled guilty to second-degree murder. Both testified at Johnson and Little’s the trial as government witnesses.
In dramatic testimony, Cyheme Hall told the jury that it was Johnson who fatally shot Dodds in the neck at point blank range after he said she grabbed the barrel of Johnson’s handgun as Johnson and Hall attempted to rob her on Division Ave., N.E., near where she lived. Hall testified that the plan among the four men to rob Dodds did not include the intent to kill her.
In his testimony, Hall said that on the day of Dodd’s murder, he and the other three men made plans to commit armed robberies for cash in areas of D.C. where trans women, some of whom were sex workers, congregated. He testified that the four men got into a car driven by Little and searched the streets for victims they didn’t expect to offer resistance.
D.C. police and the U.S. Attorney’s office initially designated the murder charge against Little and Johnson as an anti-trans hate crime offense based on findings by homicide detectives that the men were targeting trans women for armed robberies. But during Johnson and Little’s trial, Judge Lee dismissed the hate crime designation at the request of defense attorneys on grounds that there was insufficient evidence to support a hate crime designation.
At the request of prosecutors, Judge Lee scheduled a second trial for Johnson and Little on the murder charge for Feb. 25, 2020. But court records show the trial date was postponed to June 22, 2020, and postponed several more times – to Jan 11, 2021, and later to Feb. 17, 2022, due to COVID-related restrictions before the plea bargain offer was agreed to in September of this year. The public court records do not show why the trial was postponed the first few times prior to the start of COVID restrictions on court proceedings.
Legal observers have said long delays in trials, especially murder trials, often make it more difficult for prosecutors to obtain a conviction because memories of key witnesses sometimes become faulty several years after a crime was committed.
“The D.C. Anti-Violence Project is disappointed to hear about the unfortunate proceedings in the case to bring justice for Dee Dee Dodds,” Mahdi, the Anti-Violence Project’s chair, told the Blade in a statement.
“A plea bargain from first-degree murder to voluntary manslaughter as well as a reduction of years in sentencing from 30 to 8 communicates not only a miscarriage of justice, but a message of penalization for victims who attempt to protect themselves during a violent assault,” Mahdi said. “The continual impact of reducing the culpability of perpetrators who target members of specifically identified communities sends a malicious message to criminals that certain groups of people are easier targets with lenient consequences,” she said.
“As a result of this pattern, the D.C. community has failed to defend the life and civil rights of Dee Dee Dodds and leaves criminally targeted LGBTQ+ community and other cultural identity communities critically undervalued by stewards of justice in the nation’s capital,” Mahdi concluded.
William Miller, a spokesperson for the U.S. Attorney’s Office, has declined to disclose the reason why prosecutors decided to offer Johnson and Little the plea bargain deal rather than petition the court for a second trial for the two men on the first-degree murder charge.
Attorneys familiar with cases like this, where a jury becomes deadlocked, have said prosecutors sometimes decide to offer a plea deal rather than go to trial again out of concern that another jury could find a defendant not guilty on all charges.
During the trial, defense attorneys told the jury that the Hall brothers were habitual liars and there were inconsistencies in their testimony. They argued that the Halls’ motives were aimed strictly at saying what prosecutors wanted them to say so they could get off with a lighter sentence.
The two prosecutors participating in the trial disputed those claims, arguing that government witnesses provided strong evidence that Johnson and Little should be found guilty of first-degree murder and other related charges.
Before the jury announced it was irreconcilably deadlocked on the murder charges, the jury announced it found Little not guilty of seven separate counts of possession of a firearm during a crime of violence and found Johnson not guilty of five counts of possession of a firearm during a crime of violence.
Howard County activists and allies hit back at censorship, hate
More than 100 people attended ‘We ARE the People’ rally
A diverse crowd of 100 to 200 folks gathered at the Columbia Lakefront on Saturday to attend a rally to push back against censorship in the county’s public schools as well as homophobia and transphobia emanating from a group of conservative parents.
The rally called “We ARE the People” was organized in response to the comments and actions by members of a Maryland-based conservative group “We the People 2” that among other things are anti-masks, anti-vaccinations and are opposed to teaching racial history in the schools. They also oppose two books that are in Howard County Public Schools library shelves: “Gender Queer” and “Lawn Boy.”
Speakers at a We the People 2 rally last month at an Elkridge warehouse condemned the books, which contain LGBTQ characters, as sexually explicit. The group later filed police reports against the Board of Education alleging the books constitute pornography with “graphic sexual content and materials being used and disseminated in public schools,” according to the group’s press release. A flier announcing this action used the loaded terminology, “We must not allow our children to be abused and victimized.”
Among the speakers at the Elkridge rally was Republican Gordana Schifanelli who is running for lieutenant governor on the ticket with Daniel Cox. Another speaker, George Johnson, a teacher from Baltimore City, was heard on a video of the event saying, “We’re doing God’s work because Marxism, homosexuality and transgenderism is the devil.”
In response, the pro-LGBTQ rally in Columbia announced the following:
We are taking a stance against hate in the community as we raise our voices in support of equity in our schools. Attacks on teachers and school staff have prompted us to stand united and drown out the noise.
In addition, We ARE the People states:
We stand for LGBTQ+ students and educational professionals
Teaching accurate history to our students
Supporting equitable practices in our schools
Providing students with relevant LGBTQ+ media through their school libraries
The two-hour rally, which was attended by several county council members, featured speakers representing a wide swath of community, educational, religious and political organizations. They included: Community Allies of Rainbow Youth (CARY), Black Lives Activists of Columbia (BLAC), Absolutely Dragulous, Howard County Schools, PFLAG-Columbia/Howard County, IndivisibleHoCoMd, Columbia Democratic Club, Howard Progressive Project, Unitarian Universalist Congregation of Columbia (UUCC), HoCo Pride, Progressive Democrats of Howard County, and the Columbia United Christian Church.
Many of the speakers denounced the censorship of materials that are needed by many LGBTQ students. Genderqueer and non-binary students, they point out, are most vulnerable and need affirming literature to help with their development and self-acceptance. The speakers also decried hate speech, which has surfaced again, as well as the opposition to teaching history as it relates to race.
Others argued that the community must not sit back and take it from extremist groups.
“You are all defenders,” said Cynthia Fikes, president of the Columbia Democratic Club, in a fiery speech. “But to succeed a strong defense also needs a strong offense.”
The two books in question were recently the center of controversy in the Fairfax County (Va.) school system. The books were removed in September from the shelves of the high schools pending a comprehensive review following opposition from a parent at a school board meeting. It should be noted that both books were previous winners of the American Library Association’s Alex Awards, which each year recognize “10 books written for adults that have special appeal to young adults, ages 12 through 18.”
The board established two committees consisting of parents, staff and students to assess the content of the books and make recommendations to the assistant superintendent of instructional services who would make the final determination.
One committee found that “Lawn Boy” includes themes that “are affirming for students” with marginalized identities. “There is no pedophilia in the book,” the committee added. The other committee found that “Gender Queer” depicts “difficulties non-binary and asexual individuals may face.” The committee concluded that “the book neither depicts nor describes pedophilia.” The books were restored to the shelves.
“As this backlash against LGTBQ+ literature demonstrates, we must be ready to stand up and defend the progress we have made,” said Jennifer Mallo, member of the Howard County Board of Education, expressing her own point of view. “We must ensure our elected officials understand and share our values and will fight for our marginalized students.”
The enthusiastic crowd was clearly pleased with the event.
“Today’s rally was meant to inspire our community to take action,” said Chris Hefty, who was the lead organizer of the rally and the emcee. “Action that protects our youth. Action that protects our educators and admins. This action comes in the form of advocacy, communication with elected officials so they know your voice, and through well informed voting to ensure those who represent us are those we know will support us. We shared a message of love, acceptance, and warmth.”
Hefty adds, “The unity we facilitated through this rally was a sight to behold. As the lead organizer I couldn’t have been more pleased! In the future we will be sure to better meet the needs of all our community members. We thank all those in our community for their support and feedback and look forward to accomplishing great things together moving forward.”
Comings & Goings
Nathanson takes role at Outright Action
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 Rikki Nathanson on her new position as Senior Advisor – Global Trans Program with OutRight Action International in New York. Nathanson will be based in D.C.
“I am absolutely thrilled to be taking on this new role as Senior Advisor in OutRight’s Global Trans Program,” said Nathanson. “I have finally found the perfect fit for me: as a trans woman who has been fighting for equality not only for myself, but for others globally, this position is not only a job, it’s intrinsically part of who I am. So, what better way to live, nurture and grow myself.”
Nathanson will be working closely with all program staff to ensure a cohesive and intentional approach to gender issues throughout OutRight’s programs, including its approach to gender ideology movements. She will lead new initiatives on gender advocacy and policy change, focused but not limited to legal gender recognition and anti-discrimination legislation and policies.
Prior to this Nathanson was director of housing programs at Casa Ruby in D.C. She has also held a number of other positions including: founder/executive director of Trans Research, Education, Advocacy & Training (TREAT), Zimbabwe; chairperson Southern Africa Trans Forum, SATF, Cape Town, South Africa; executive director, Ricochet Modeling Agency, Zimbabwe; and company secretary for Dunlop Zimbabwe Limited, Zimbabwe.
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