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Court orders fed’l prison to provide immediate transgender surgery for inmate

Procedure would be granted for the first time ever

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The federal prison system must provide inmate gender reassignment surgery for the first time ever.

The U.S. Bureau of Prisons is required to allow a federal inmate to have for the first time gender reassignment surgery as a result of a court order Wednesday determining the agency was waiting too long to provide the procedure.

The 31-page order, issued by U.S. District Nancy Jo Rosenstengel, an Obama appointee, follows three years of litigation after Cristina Nichole Iglesias sought gender reassignment surgery, but faced repeated denials and delays from the Bureau of Prisons.

The judge previously ordered the agency to provide the procedure, prompting the Bureau of Prisons to order it provided for Iglesias in January 2022, but at this point it still hasn’t happened.

“As previously noted, throughout this litigation the Federal Bureau of Prisons has employed tactics similar to the game of Plinko on The Price is Right,” Rosenstengel said. “BOP was warned for employing these tactics, and it apologized. Now BOP’s tactics are turning into a game of ‘whack-a-mole.’ Indeed, it appeared the last of BOP’s moles had been ‘whacked.’ Then another one ‘popped-up.’ This time BOP represented it had an appointment with a surgeon for a consultation of gender confirmation surgery (“GCS”) on April 7, 2022, but the surgeon does not even perform vaginoplasties.”

Rosenstengel, clearly indignant over the continued delays in fulfilling the terms of her previous decision, also directs officials within the Bureau of Prisons to appear before the court in a separate case to explain why they shouldn’t face sanctions for slow-walking the process.

Iglesias is now expected to be the first person in custody of the Federal Bureau of Prisons to receive gender-affirming surgery, according to the American Civil Liberties Union.

The Bureau of Prisons declined to comment on the decision or whether it will appeal the order, citing a policy of withholding comment on litigation underway in court. Iglesias is represented by ACLU of Illinois, the American Civil Liberties Union, the Chicago-based Winston & Strawn LLP, and Feirich/Mager/Green/Ryan.

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U.S. Supreme Court

Supreme Court declines to hear lawsuit against Montgomery County schools gender guidelines

4th Circuit last August dismissed parents’ case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Monday declined to hear a lawsuit against Montgomery County Public Schools guidelines that allow schools to create plans in support of transgender or gender nonconfirming students without their parents’ knowledge or consent.

Three parents of students in the school district — none of whom have trans or gender nonconfirming children — filed the lawsuit. 

A judge on the 4th U.S. Circuit Court of Appeals last August dismissed the case. The plaintiffs appealed the decision to the Supreme Court.

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National

Bill to support LGBTQ seniors in rural areas reintroduced

Advocates praise Elder Pride Act

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(Washington Blade file photo by Lou Chibbaro, Jr.)

Representatives Suzanne Bonamici (D-Ore.), Mark Pocan (D-Wis.), and Sharice Davids (D-Kan.) reintroduced legislation to increase access to needed services and resources for LGBTQ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging located in rural communities to better serve and support LGBTQ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ people live in rural American communities.

“LGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,” SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. “We commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.”

“LGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,” said Bonamici, chair of the Equality Caucus’s LGBTQ+ Aging Issues Task Force.”Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.”

“The Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. I’m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,” Bonamici added.

“Rural LGBTQI+ seniors have been lacking access to necessary services and care for too long,” said Pocan, co-chair of the Congressional LGBTQ+ Equality Caucus. “The Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.”

“Many of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,” said Davids. “While they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.”

The Elder Pride Act complements the Older American Act, which was updated under Bonamici’s leadership, by establishing a rural grant program designed to fund care and services for LGBTQ seniors. The grant would also support programs that:

• Provide services such as cultural competency training for service providers;

• Develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

• Expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

• Disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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State Department

State Department travel advisory warns of potential anti-LGBTQ violence

FBI issued similar warning this week

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(Photo courtesy of the Library of Congress)

The State Department on Friday issued a worldwide travel advisory that warns of potential violence against LGBTQ people and LGBTQ-specific events.

“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises U.S. citizens overseas to exercise increased caution,” reads the advisory. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”  

The advisory further urges U.S. citizens to:

  • Stay alert in locations frequented by tourists, including Pride celebrations and venues frequented by LGBTQI+ persons.
  • Enroll in the Smart Traveler Enrollment Program (STEP) to receive information and alerts and make it easier to locate you in an emergency overseas.
  • Follow the Department of State on Facebook and Twitter.

The Federal Bureau of Investigation and the Homeland Security Investigations earlier this week issued a similar advisory.

The advisory notes June 12 will mark eight years since the massacre at the Pulse nightclub in Orlando, Fla.

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