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Transgender Zimbabwean woman in Md. wins asylum case

Mattie Tux Horton lives in Rockville

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Mattie Tux Horton, right, with her lawyer Ankush Dhupar in Los Angeles. (Photo courtesy of Mattie Tux Horton/Facebook)

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.

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District of Columbia

Nex Benedict honored at D.C. candlelight vigil

Upwards of 100 people paid tribute to nonbinary Okla. student at As You Are

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A candlelight vigil is held outside of the LGBTQ café and bar As You Are on Feb. 22, 2024, for 16-year-old nonbinary student Nex Benedict. (Washington Blade photo by Lou Chibbaro, Jr.)

Nearly 100 people turned out on Feb. 22 for a candlelight vigil hosted by the D.C. LGBTQ café and bar As You Are to pay tribute to 16-year-old nonbinary student Nex Benedict.

Benedict died Feb. 8 at a hospital in Owasso, Okla., one day after family members say Benedict was beaten up by three older female students in an Owasso High School bathroom after a fight broke out. Owasso police have said they are investigating the circumstances surrounding Benedict’s death but said preliminary autopsy findings do not show the death was caused by physical injuries.

Family members, including Benedict’s mother, told news media outlets that Benedict suffered severe bruises to their face and head and the family believes the injuries from an assault caused their child’s death. Family members have also said Benedict had been targeted for bullying at school because of their status as a nonbinary person.

People who spoke at the As You Are candlelight vigil said they considered the death an anti-LGBTQ hate crime.

“Today we are brought together to mourn the loss of Nex Benedict,” As You Are co-owner Rachel “Coach” Pike told the gathering, which was held on the As You Are outdoor patio and surrounding sidewalk. “Nex Benedict, your life matters. It will always matter, and more than that your life was precious,” Pike said.

“You had the right to live as you were and all parts of your identity were beautiful and should have been celebrated, supported, and safe,” Pike added.

Pike and other speakers, some of whom identified as nonbinary and transgender, pointed out that Benedict’s family are members of the Choctaw Nation, a Native American community. A speaker at the vigil who identified himself as Bo and said he identified as a two-spirit individual called on the gathering to pay tribute to Benedict’s role as one of the Choctaw people.

“When I first heard the news of Nex Benedict’s murder I was shocked,” Bo said. “I thought of how young. I thought about how much life was taken from this child.”

Another speaker, native American advocate Shiala King, whose family are members of the Sicangu Lakota Nation in South Dakota, arranged for her father, Frank John King, a faith leader and medicine man, to speak to the gathering by phone hookup from his residence in South Dakota. After greeting the gathering and expressing his condolences over the death of Benedict, Frank King further honored Benedict by singing a spiritual song in the Lakota language as part of a tradition of uplifting the spirit of beloved people who pass away.

Jo McDaniel, the other co-owner of As You Are whose also Pike’s spouse, said they were pleased with the response to their announcement of the vigil on social media. 

“To see this child taken from us this way, it’s chilling and it’s horrible and it’s not right and it’s not fair,” McDaniel told the Washington Blade after the vigil ended. “And so, we knew that the only thing we could do to help our community heal was to gather. And we wanted to do that in as honorable and wonderful a way as possible as that kid deserves,” she said.

Sue Benedict, Nex Benedict’s mother, told the British newspaper The Independent that Nex was a “courageous, smart teenager who had simply been living their true identity.” The Independent reports that Sue Benedict said Nex had been subjected to taunts, insults and bullying due to their gender fluid identity for over a year. 

Owasso police officials have said detectives were interviewing school officials and students to obtain more details on how the fight started and whether charges will be brought against those who allegedly assaulted Benedict. A police spokesperson told The Independent police were awaiting the findings of toxicology and autopsy reports from the Oklahoma Medical Examiner’s Office to determine whether anyone will be charged with a criminal offense.

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District of Columbia

New gay bar on 14th Street to open in April

Owners say Crush to offer ‘cozy, inclusive space’

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Exterior of Crush. (Photo courtesy of Crush)

A new D.C. bar catering to the LGBTQ community called Crush is expected to open for business in April in a two-story building with a roof garden at 2007 14th St., N.W., in the center of one of the city’s bustling nightlife neighborhoods. 

A statement released by co-owners Mark Rutstein and Stephen Rutgers says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that once was home to a popular music store and radio supply shop.

“This new venue, catering especially to the LGBTQ+ community, offers a cozy, inclusive space that reminisces about the times of record stores and basement hangouts with friends,” the statement says. “In its past life as a music store and radio supply shop, Crush transforms its legacy into a modern-day haven,” the statement continues. “It features top-notch DJ booths, a dance floor and a summer garden, alongside a premium sound system to ensure every night is memorable.” 

Rutstein told the Washington Blade the new bar will have a capacity of accommodating 300 people on its two floors. He notes that the name ‘Crush” stems from the romantic crush that people often have for one another and his and Rutgers’ new bar is aimed at providing a friendly space for people to meet and socialize. 

“We’re looking to be inclusive to everyone,” Rutstein said. “It’s certainly going to be heavy on the LGBT community” because he and Rutgers have been part of that community for many years. But he added, “We want to be inclusive to gays and lesbians being able to bring their friends and allies in along with them and not feel weird about it.” 

Crush will be located across the street from the Reeves Center D.C. municipal building where government agencies and community groups, including the D.C. Center for the LGBT Community, has its office. 

“Crush isn’t just our name,” the statement issued by Rutstein and Rutgers says. “It’s the essence of our space. We aim to create an atmosphere where everyone can celebrate life and love.”

Editor’s note: Stephen Rutgers is the Blade’s Director of Sales and Marketing.

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Maryland

Are Md. prisons out of bounds with federal requirements for trans prisoners?

Department of Correctional Services says transgender prisoners ‘housed according to physical genitalia’

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BY BEN CONARCK | Nearly a year after formerly incarcerated transgender people testified to Maryland lawmakers about the troubling conditions they faced in state prisons and Baltimore jails, the agency in charge of their care continues to violate federal standards in how it houses trans prisoners, according to a coalition of trans rights advocates.

The Trans Rights Advocacy Coalition, bolstered by policy experts and attorneys, contends that while the Maryland Department of Public Safety and Correctional Services has made some strides towards improving conditions, its policy of housing trans prisoners “according to physical genitalia” violates the federal standard that those individuals should be housed on a case-by-case basis determined by health and safety and any security problems, among other factors. The group laid out its argument in a 15-page memo presented to the department and lawmakers this week.

The rest of this article can be read on the Baltimore Banner’s website.

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