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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

Melissa DuBose becomes first Black and first LGBTQ judge on federal court in R.I.

Senators also advance Nicole Berner’s nomination

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Judge Melissa R. DuBose (Screen capture: Roger Williams University School of Law/YouTube)

Judge Melissa DuBose was confirmed by the U.S. Senate on Tuesday for her appointment by President Joe Biden to the U.S. District Court for the District of Rhode Island, where she will be the first Black and the first LGBTQ judge to serve on the bench.

DuBose thanked her partner Amy “for blessing me with over two decades of unwavering love, support, laughter and patience,” and their “two remarkable sons … for gracing me with that special love that is reserved for mothers and sons.” 

The vote was 51-47, with only two Republicans supporting her nomination, Susan Collins of Maine and Lindsey Graham of South Carolina.

During a confirmation hearing in February, U.S. Sen. John Kennedy (R-La.) grilled DuBose about an article 24 years ago in which she was quoted as saying she had gone through “a Marxist phase.”

Currently serving as associate judge on the Rhode Island District Court in Providence, DuBose’s nomination was enthusiastically supported by her state’s two Democratic U.S. senators., Jack Reed and Sheldon Whitehouse.

“She’s proven to be an exceptional jurist with a stellar record,” said the former on the Senate floor, adding, “She has dedicated her life to public service, and Rhode Island is fortunate that she has once again answered the call.”

Whitehouse said, “This is a person, a lifelong Rhode Islander, who is exceedingly well regarded in our community.”

Nicole Berner’s nomination advances

Another lesbian judge nominated by Biden to serve a lifetime tenure on the federal bench is Nicole Berner, who has long served as general counsel of the Service Employees International Union and was tapped to join the 4th U.S. Circuit Court of Appeals.

The Senate moved for a cloture vote on her nomination Thursday, meaning a final vote is expected as early as next week. She would be the first LGBTQ judge on the circuit court and the 11th confirmed LGBTQ judge nominated by Biden — tying with the record number who were appointed by former President Barack Obama over two terms in office.

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U.S. Federal Courts

N.Y. AG joins multi-state brief in Colo. anti-trans discrimination case

Letitia James and 18 other attorneys general support plaintiff

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trans health care, gay news, Washington Blade
New York Attorney General Letitia James (Photo public domain)

New York Attorney General Letitia James on Wednesday joined a brief by 18 other Democratic state attorneys general urging the Colorado Supreme Court to uphold a lower court ruling against Masterpiece Cakeshop for anti-trans discrimination.

A customer, Autumn Scardina, sued the business over claims that it refused to provide her a cake upon learning that it was for a celebration of her transition. The case is not the first in which owner Jack Smith has faced claims of anti-LGBTQ discrimination.

In 2012, Masterpiece Cakeshop refused to fulfill an order for a wedding cake for a same-sex couple, which led to the 2018 U.S. Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission — and a narrow ruling that did not address core legal questions weighing the constitutionality of First Amendment claims vis-a-vis the government’s enforcement of LGBTQ-inclusive nondiscrimination laws.

“Denying service to someone simply because of who they are is illegal discrimination, plain and simple,” James said in a press release. “Allowing this kind of behavior would undermine our nation’s fundamental values of freedom and equality and set a dangerous precedent.”

She added, “I am proud to stand with my fellow attorneys general against this blatant transphobic discrimination.”

The Colorado Court of Appeals ruled in favor of Scardina, noting that Smith objected to fulfilling her cake order only after learning about her intended use for it “and that Phillips did not believe the cake itself expressed any inherent message.”

The fact pattern in both cases against Masterpiece Cakeshop resembles that of another case that originated in Colorado and was ultimately decided by the Supreme Court last year, 303 Creative LLC v. Elenis.

This time, the justices did not sidestep the question of whether the state’s anti-discrimination law can be enforced against a business owner, Lorie Smith, a website designer who claimed religious protections for her refusal to provide services to a same-sex couple for their nuptials.

The court’s conservative supermajority ruled in favor of Smith, which was widely seen as a blow to LGBTQ rights.

Joining James in her brief are the attorneys general of Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and D.C.

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U.S. Federal Courts

Fla. man found guilty of threatening George Santos

Gay former NY congressman expelled in December

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Former U.S. Rep. George Santos (R-N.Y.) (Washington Blade photo by Christopher Kane)

On Feb. 22, following a two-day trial, a federal jury in Ft. Lauderdale convicted a man for calling the office of former U.S. Rep. George Santos (R-N.Y.) in D.C. and threatening to kill the member of Congress and another person. 

On Jan. 29, 2023, Frank Stanzione, 53, of Boynton Beach, Fla., made a telephone call from his residence in Boynton Beach to the office of a member of the U.S. House of Representatives. Stanzione left a voice message for the member that stated the following:

“[Victim 1 former Rep. Santos] you fat fucking piece of shit fucker. You better watch your mother fucking back because I’m gonna bash your mother fucking fucker head in with a bat until your brains are splattered across the fucking wall. You lying, disgusting, disgraceful, mother fucking fucker. You mother fucking piece of shit. You’re gonna get fucking murdered you goddamn lying piece of garbage. Watch your back you fat, ugly, piece of shit. You and [Victim 2 Redacted] are dead.”

The congressman’s chief of staff reported the message to the U.S. Capitol Police the next morning. The USCP began investigating the voice message as a threat and determined that it was made from a telephone number assigned to Stanzione. 

On Jan. 31, 2023, USCP special agents went to the address associated with the telephone number and interviewed Stanzione. USCP confirmed that Stanzione had left the voice message for the congressman. Stanzione found the telephone number on an online search engine. 

In a motion to dismiss, lawyers for Stanzione noted in the interview he told federal agents that “he feels offended by Santos and does not want him in his (gay) community.” He said he left the message to make Santos “feel like a piece of shit.”

The court filing described Stanzione as “a long-standing, active advocate for gay rights.”

In the motion to dismiss, Stanzione claimed his prosecution was “retaliatory and vindictive” and “based upon his exercise of political speech related to gay rights.”

“Others who have allegedly committed similar acts,” his attorneys stated in the motion, “have not been prosecuted.” 

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and USCP Chief J. Thomas Manger announced the guilty verdict. The USCP – Threat Assessment Section investigated the case. 

Stanzione will be sentenced in May and faces penalties including up to five years in federal prison, a fine of up to $250,000, or both.

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