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U.S. Federal Courts

Federal appeals court rules trans Honduran woman should have received asylum in U.S.

Kelly González Aguilar spent nearly three years in ICE custody

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Kelly González Aguilar spent nearly three years in U.S. Immigration and Customs Enforcement custody. (Photo courtesy of National Immigrant Justice Center)

A federal appeals court on Tuesday ruled a transgender woman from Honduras should have received asylum in the U.S. because of “extensive evidence of widespread violence against transgender individuals” in her homeland.

The 10th Circuit Court of Appeals in Denver ruled in favor of Kelly González Aguilar, who is from San Pedro Sula in Honduras’ Cortés department.

González claims her uncle beat her because of her “feminine behavior.”

She fled to Mexico with her sister when she was 12. They tried to find her mother, but the ruling notes González and her sister “suffered further abuse in Mexico, leading them to flee again — this time for the United States.” González transitioned once she arrived in the U.S.

An immigration judge denied González’s asylum claim. She appealed the decision to the Virginia-based Board of Immigration Appeals, which also rejected it.

“Any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras,” reads the 10th Circuit ruling.

González spent nearly three years in U.S. Immigration and Customs Enforcement custody until her release from the Aurora Contract Detention Center, a privately-run facility in suburban Denver, on July 14, 2020. González currently lives in the San Francisco Bay Area.

“This is an important decision that recognizes what it is like for people like me in Honduras, and I am happy that other trans people will be able to benefit from my experience,” said González in a press release the National Immigrant Justice Center, which represents her, issued after the 10th Circuit issued its ruling. “Waiting for three years in detention for this decision to come was very hard, but I am proud and grateful for all of the activists, campaign partners and lawyers who helped me along the way. I hope that with this decision they change many laws that violate human rights of LGBTQI immigrants who only ask for refuge.”

Violence and discrimination based on gender identity remains commonplace in Honduras.

Thalía Rodríguez, a prominent trans activist who led Asociación Cozumel Trans, a trans advocacy group, was murdered outside her home in Tegucigalpa, the country’s capital, on Jan. 11. A trans man who was a bus driver in San Pedro Sula fled to the U.S. in February in order to escape persecution and harassment that he and his family suffered because of his gender identity.

A street market in downtown San Pedro Sula, Honduras, on March 11, 2019. (Washington Blade photo by Michael K. Lavers)

The Inter-American Court of Human Rights last June issued a landmark ruling that found the Honduran state responsible for the murder of Vicky Hernández, a trans activist who was killed in San Pedro Sula, the country’s second largest city, after the 2009 coup that ousted then-President Manuel Zelaya.

Zelaya’s wife, Xiomara Castro, took office as Honduras’ first female president on Jan. 26.

Cattrachas, a lesbian feminist human rights group in Tegucigalpa, notes Hernández and Rodríguez are two of the more than 400 LGBTQ people who have been reported killed in Honduras since 2009.

Alma Rosa Silva-Bañuelos, trans asylum advocacy director for the TransLatin@ Coalition, in the press release said the 10th Circuit decision “will save transgender lives.”

“I recall my visits inside detention and weekly phone calls with Kelly while she survived three years in ICE detention,” said Silva-Bañuelos. “Her courage, strength and kindness are part of her resilience, as she waited for her case to be decided she supported other transgender asylum seekers while they were in detention. Kelly became a pillar of strength and support for other trans siblings and with this decision her determination will continue to have a ripple effect for transgender lives.”

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U.S. Federal Courts

Court halts removal of two transgender service members

Case challenging anti-trans military ban proceeds in D.C.

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Laila and Logan Ireland (Photo courtesy of the couple)

A federal court in New Jersey issued a temporary restraining order on Monday that will halt the separation of two transgender service members from the U.S. military while their case in D.C. challenging the Trump-Vance administration’s ban moves forward.

The order by Judge Christine O’Hearn pauses proceedings against Staff Sgt. Nicholas Bear Bade and Master Sgt. Logan Ireland, who “have been pulled from key deployments and placed on administrative absence against their will because of the ban,” according to a joint press release Monday by the National Center for Lesbian Rights and GLAD Law, which are representing the service members together with other litigants in Ireland v. Hegseth and in the case underway in the U.S. District Court for the District of Columbia, Talbott v. Trump.

“That court granted a preliminary injunction March 18 barring the Department of Defense from implementing the ban, finding that it discriminates based on sex and transgender status; that it is ‘soaked in animus;’ and that, due to the government’s failure to present any evidence supporting the ban, it is ‘highly unlikely’ to survive any level of judicial review,” the groups noted in their press release.

Ireland spoke with the Washington Blade in January along with other trans service members and former service members who shared their experiences with the military and their feelings on the new administration’s efforts to bar trans people from the U.S. armed forces.

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U.S. Federal Courts

Federal judge blocks Trump’s trans military ban

Cites ‘cruel irony’ of fighting for rights they don’t enjoy

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President Donald Trump aims to ban trans people from serving in the military.

A federal judge in D.C. on Tuesday blocked President Donald Trump’s ban on transgender service members, which was scheduled to take effect on Friday.

U.S. District Judge Ana Reyes issued the preliminary injunction, saying the policy violates the Constitution. 

“Indeed, the cruel irony is that thousands of transgender service members have sacrificed — some risking their lives — to ensure for others the very equal protection rights the military ban seeks to deny them,” Reyes wrote.

The legal challenge to Trump’s trans military ban executive, Talbott v. Trump, was brought by LGBTQ groups GLAD Law and National Center for Lesbian Rights. 

Reyes found that the ban violates equal protection because it discriminates based on trans status and sex and because “it is soaked in animus,” noting that its language is “unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”

The lead attorneys in the case are GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and NCLR Legal Director Shannon Minter.

“Today’s decisive ruling speaks volumes,” said Levi. “The court’s unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation. Given the court’s clear-eyed assessment, we are confident this ruling will stand strong on appeal.”

Nicolas Talbott, a second lieutenant in the Army Reserves, and Erica Vandal, a major in the U.S. Army, are two of the 14 plaintiffs in the case. They spoke during a virtual press conference with Levi and Minter on Wednesday.

“Yesterday’s ruling is just such a tremendous step forward for transgender service members,” said Talbott.

Vandal added the ruling “clearly recognizes that transgender soldiers, sailors, airmen, and Marines have been serving openly as our authentic selves for nearly a decade in every capacity, at every echelon, in every theater and combat zone across the world, all while meeting and exceeding the same standards as every one else without causing any degradation or unit cohesion.” 

Levi said Reyes’s ruling requires “the military to return to business as usual.”

The decision is stayed until 10 a.m. on Thursday. It is not immediately clear whether the Trump-Vance administration will challenge it.

“What the order does is stave off, put off any effect of the ban actually being implemented against any individuals,” said Levi.

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district court’s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.”

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks it’s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ‘mutilation’ and ‘an abomination’ and have called the providers of this care ‘evil,’” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.” 

“Transgender adults don’t need state officials looking over their shoulders, and families of transgender youth don’t need the government dictating how to raise their children,” said Shannon Minter, legal director of NCLR. “The district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.” 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, “The state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, The defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 “Not only does this dangerous law take away parents’ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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