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Federal court blocks part of Ala. trans medical treatment law

Trump-appointed judge issued late Friday ruling

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Hugo L. Black United States Courthouse, Birmingham, Alabama (Photo Credit: US Courts/DXR)

In a 32 page ruling released Friday evening, U.S. District Judge Liles Burke preliminarily enjoined the state from enforcing the law criminalizing medical care for transgender minors in Alabama.

The law made it a felony for doctors and licensed healthcare providers to give gender-affirming puberty blockers and hormones to trans minors.

Burke, who was nominated to the bench by former President Trump to serve on theĀ U.S. District Court for the Northern District of Alabama, wrote that the section of the Alabama Vulnerable Child Compassion and Protection Act that makes treatment of trans minor children a felony; “the court finds that there is a substantial likelihood that Section 4(a)(1)ā€“(3) of the act is unconstitutional and, thus, enjoins defendants from enforcing that portion of the act pending trial.”

Burke however ruled that all other provisions of the act remain in effect, specifically: (1) the provision that bans sex-altering surgeries on minors; (2) the provision prohibiting school officials from keeping certain gender-identity information of children secret from their parents; and (3) the provision that prohibits school officials from encouraging or compelling children to keep certain gender-identity information secret from their parents.

The U.S. Justice Department had challenged the stateā€™s Senate Bill 184Ā ā€” a bill that would criminalize doctors for providing best-practice, gender-affirming care to trans and non-binary youth.

In the filing by the Justice Department, the complaint alleges that the new lawā€™s felony ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendmentā€™s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect.

SB 184 makes it a felony for any person to ā€œengage in or causeā€ specified types of medical care for transgender minors. SB 184 thus discriminates against trans youth by denying them access to certain forms of medically necessary care.

It further discriminates against trans youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures. The penalties for violating the law include up to 10 years of imprisonment and a fine of up to $15,000. SB 184 would force parents of trans minors, medical professionals, and others to choose between forgoing medically necessary procedures and treatments, or facing criminal prosecution.

The Justice Department’s complaint alleges that SB 184 violates the Equal Protection Clause by discriminating on the basis of sex and trans status.

LGBTQ legal rights advocates SPLC, GLAD, NCLR and HRC, joined by co-counsel King and Spalding LLP and Lightfoot, Franklin and White LLC, had previouslyĀ filed a legal challenge in federal district court against Alabama SB 184.

Shannon Minter, the legal director for the National Center for Lesbian Rights, one of the legal rights advocacy groups who had sued Alabama told the Washington Blade late Friday night:

“We are thrilled by this outcome, which will provide enormous relief to transgender children and their families. As the court recognizes, this is well established medical care that has been endorsed by 22 major medical associations. Thanks to this decision, kids in Alabama can now continue to receive this lifesaving care, and their doctors cannot be prosecuted simply for doing their jobs. This is a huge victory for compassion and common sense and a much needed antidote to the tidal wave of hostile legislation targeting these youth.”

In addition to the Justice Department, the doctors challenging SB 184 inĀ Ladinsky v. IveyĀ are Dr. Morissa J. Ladinsky and Dr. Hussein D. Abdul-Latif, both providers at the Childrenā€™s Hospital of Alabama and members of the medical staff at the University of Alabama at Birmingham Hospital and the teaching staff at UAB School of Medicine. Ladinsky and Abdul-Latif have long-term expertise in caring for trans children of Alabama families. Under SB 184, they both face criminal penalties including up to 10 years in prison if they continue to provide that support to their patients.

The Alabama family plaintiffs are proceeding anonymously to protect their children. They includeĀ Robert Roe, and his 13-year-old trans daughterĀ Mary, of Jefferson County; andĀ Jane DoeĀ and her 17-year-old-trans sonĀ John, of Shelby County. These families have deep ties to Alabama. If SB 184 is allowed to go into effect both families will be forced to choose between leaving the state, breaking the law, or facing devastating consequences to their childrenā€™s health.

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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 ā€œfor blessing me with over two decades of unwavering love, support, laughter and patience,ā€ and their ā€œtwo remarkable sons ā€¦ for gracing me with that special love that is reserved for mothers and sons.ā€Ā 

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.

ā€œSheā€™s proven to be an exceptional jurist with a stellar record,ā€ said the former on the Senate floor, adding, ā€œShe has dedicated her life to public service, and Rhode Island is fortunate that she has once again answered the call.ā€

Whitehouse said, ā€œThis 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 ā€” 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 ā€” 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.

ā€œDenying service to someone simply because of who they are is illegal discrimination, plain and simple,ā€ James said in a press release. ā€œAllowing this kind of behavior would undermine our nationā€™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.ā€

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.Ā 

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 formerĀ Rep. Santos] you fat fucking piece of shit fucker. You better watch your mother fucking back because Iā€™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. Youā€™re gonna get fucking murdered you goddamn lying piece of garbage. Watch your back you fat, ugly, piece of shit. You and [Victim 2Ā 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 ā€œhe feels offended by Santos and does not want him in his (gay) community.ā€ He said he left the message to make Santos ā€œfeel like a piece of shit.ā€

The court filing described Stanzione as ā€œa long-standing, active advocate for gay rights.ā€

In the motion to dismiss, Stanzione claimed his prosecution was ā€œretaliatory and vindictiveā€ and ā€œbased upon his exercise of political speech related to gay rights.ā€

ā€œOthers who have allegedly committed similar acts,ā€ his attorneys stated in the motion, ā€œhave not been prosecuted.ā€ 

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and USCP Chief J. Thomas Manger announced the guilty verdict. The USCP ā€“ 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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