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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

Dupont Circle ‘gayborhood’ preserved in Council redistricting bill

All of neighborhood remains in Ward 2

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Brooke Pinto, gay news, Washington Blade
Councilmember Brooke Pinto raised objections to dividing the Dupont Circle neighborhood into two different wards.

A bill approved by the D.C. Council in a first-reading vote on Tuesday to redraw the boundaries of the city’s eight wards keeps all of the Dupont Circle neighborhood, which LGBTQ activists have referred to as the city’s preeminent “gayborhood,” in Ward 2.

The redistricting plan approved by the Council included a change from an earlier proposal by a special redistricting subcommittee that called for transferring part of the North Dupont Circle neighborhood into Ward 1.

Councilmember Brooke Pinto, who represents Ward 2, joined many of her ward’s LGBTQ residents in raising strong objections to dividing the Dupont Circle neighborhood into two different wards.

A number of LGBTQ residents, including Mike Silverstein, one of five openly gay members of the nine-member Dupont Circle Advisory Neighborhood Commission, said the initial subcommittee proposal would unnecessarily split Dupont Circle’s historic “gayborhood,” which he said has served as a safe space for LGBTQ D.C. residents for decades.

“Excising this part of Ward 2 would arbitrarily cut off the LGBTQIA+ community that has such a rich and pronounced presence in North Dupont,” Pinto said in a statement her office released last month. “I will be working with my colleagues to ensure that this community remains in Ward 2,” Pinto said.

A spokesperson for D.C. Council Chair Phil Mendelson (D-At-Large) said Mendelson worked with the three members of the redistricting subcommittee and other Council members to make some changes to the subcommittee’s initial release of three proposed maps with redrawn ward boundary lines. All three of the maps included plans to move the north part of Dupont Circle to Ward 1, each of which was dropped in the final proposal approved by the Council.

The Council is scheduled to hold a second and final vote on the redistricting measure later this month.

City officials have noted that a redrawing of the city’s ward boundary lines is needed to bring the city into legal conformance with the 2020 U.S. Census count for D.C., which shows shifts in population within the city.

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District of Columbia

U.S. Attorney’s Office declines to prosecute anti-gay assault case

D.C. police report says man beaten by neighbors in Northeast

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Antonio Zephir was beaten by neighbors. (Photo courtesy of Zephir)

The U.S. Attorney’s Office has declined to prosecute two women and a man who, according to a D.C. police report, assaulted a gay man after one of the women called him a “Jewish faggot” during an Oct. 13 incident on the grounds of a Northeast Washington apartment building where the victim and the two women live.

The victim, Antonio Zephir, 51, said one of the women, her daughter, and a man he believes to be the daughter’s father repeatedly punched him in the face after he shouted back at the mother in response to the anti-gay and anti-Jewish slur he says she hurled at him.

The incident took place outside the Northwood Gardens Apartments at 4870 Fort Totten Dr., N.E. at about 12:40 p.m. the police report says.

Zephir told the Blade this week that an official with the U.S. Attorney’s Office, which prosecutes crimes committed by adults in D.C., informed him in a phone call that the office decided not to prosecute the case after police and prosecutors viewed a surveillance camera video that reportedly captured the entire incident.

He said the official, Crystal Flournoy, Deputy Chief of the U.S. Attorney’s Office’s Early Case Assessment Section, told him the video showed that he was the “aggressor” in the incident.

Zephir says he strongly disputes that characterization and believes the camera angle from the video may not have captured the full altercation in which he was assaulted first before attempting to defend himself.

A D.C. police spokesperson said police opened an investigation into the incident after Zephir called police immediately after the altercation. A police report lists the incident as a suspected anti-gay hate crime and lists the offense as a misdemeanor simple assault.

Zephir, who was treated and released from the Washington Hospital Center the day after the incident, suffered a fractured nose, a fractured bone surrounding one of his eyes, and other facial injuries, according to a hospital report he provided to the Blade. He said his doctor told him he may need facial surgery to treat ongoing effects from the injuries.

In a Dec. 7 email, a copy of which Zephir sent to the Blade, D.C. Police Lt. Scott Dowling informed Zephir that the U.S Attorney’s Office declined to process an affidavit submitted by police requesting the case be prosecuted.

“[T]he affidavit submitted to the United States Attorney’s Office was declined, meaning that their office is not willing to move forward with criminal charges,” Dowling told Zephir in his email message. “As a result, there will be no arrests relating to the offense you reported,” Dowling said. “As the Affidavit was declined, our investigation is closed,” Dowling wrote in the message.

“The U.S. Attorney’s Office declined to prosecute this matter after reviewing the evidence,” William Miller, a spokesperson for the office, told the Blade in a statement on Wednesday. “Beyond that, we typically do not comment on charging decisions and have no further comment,” Miller said.

Zephir said he doesn’t think the video, which he hasn’t seen, shows that one of the two women involved in the altercation was the first to assault him. He identified her in court papers he filed seeking a stay away protection order as Aurlora Ellis.

Court records show that a D.C. Superior Court judge on Nov. 30 issued a “Consent Stay Away Order” requiring Ellis and her daughter, identified as Latera Cox, and a woman who Zephir says lives at Ellis’s apartment, to “stay at least 100 feet away from Plaintiffs Zephir or Johnson.”

Steve Johnson, who is cited in the stay away order, is Zephir’s roommate who the police report says attempted to stop the Oct. 13 altercation in which Zephir says he was assaulted.

The court order further states that the three women “shall not contact Plaintiffs Zephir or Johnson in any manner, including but not limited to by telephone, in writing, and in any manner directly or indirectly through another person, including social media,” and that the order will remain in effect for one year.

“Ms. Ellis was the person who made those threats and slurs against me,” Zephir said. “I responded with not-so-kind words. She ran towards me and assaulted me with hard punches toward my face,” Zephir recounted. “I punched back in an attempt to defend myself,” he said.

According to Zephir, during the altercation Ellis told him, “Call the police, you bitch faggot. They’re not going to do anything. This isn’t over yet.” He said he continues to worry that Ellis’s comment that the matter “isn’t over yet” was a threat and that she may try to harm him again.

Ellis couldn’t immediately be reached for comment.

Zephir said the October altercation wasn’t the first time Ellis has acted in a hostile way toward him.

“For several months, every time Ms. Ellis sees me, she shouts homophobic slurs and I continued to ignore her,” he told the Blade in October after contacting the Blade about the incident.

On Tuesday, Zephir told the Blade that Ellis later apologized for the altercation and asked him to drop the charges he filed against her with D.C. police. He said he declined her request, but said he’s now dismayed that the U.S. Attorney’s Office has refused to prosecute what he calls a “serious hate crime” against him.

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District of Columbia

Dignity Washington opens new center in Dupont Circle

Proceeds from sale of old building used to expand programming

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Dignity Washington President Tom Yates. (Washington Blade photo by Michael Key)

The local LGBTQ Catholic organization Dignity Washington recently opened its new Dignity Center office and community meeting space at a Dupont Circle condominium building that includes first-floor offices for small businesses and community organizations.

Dignity Washington President Tom Yates said the new space at the Imperial House condominium building at 1601 18th Street, N.W., is currently being used as Dignity’s office headquarters and for meetings of the group’s board and committees. He said as COVID-related restrictions are relaxed the space will be used for various events and possible use by other LGBTQ community organizations.

Yates said the group purchased the 1,700-square-foot office space in March of this year, eight months after selling its former Dignity Center building at 721 8th St., S.E., in the Barracks Row section of Capitol Hill. Dignity officials have said the Capitol Hill building was larger than the space the group needed and the proceeds from its sale would provide funds to expand its programs.

“Dignity Washington, making use of the fiscal support made possible by the change of properties, hopes to become more active speaking truth to power of the Catholic Church,” Yates told the Blade. “The new facility is only a handful of blocks from the Cathedral of St. Matthew,” he said, referring to one of the city’s largest Catholic churches.

Noting the Catholic Church’s historic lack of support for the LGBTQ community, Yates said the proximity of the new Dignity Center would help the group’s mission of showing “the local same-sex community that one can be both Catholic and same-sex loving.” 

Yates said Dignity Washington, founded in 1972, is the largest chapter of the national LGBTQ Catholic organization Dignity USA. 

Dignity Washington, among other things, organizes a weekly 6 p.m. Sunday Mass for LGBTQ Catholics and their friends and families at St. Margaret’s Episcopal Church at 1830 Connecticut Ave., N.W.

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