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Abortion rights in post-Roe Maryland, Delaware

Practice generally legal, with some restrictions

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Maryland Gov. Larry Hogan (Public domain photo)

The U.S. Supreme Court on Friday overturned Roe v. Wade, which in 1973 found that the decision to receive an abortion was generally protected by the Constitution of the United States. With the broadest federal protection of abortion access now rescinded, the legality of abortion will by and large be determined on the state level.

In Delaware, abortion is legal through the Medical Practice Act — but with some restrictions.

After fetal viability, or the point where a fetus can survive outside the uterus, abortion in the First State becomes illegal unless necessary for the patient’s “life or health,” or if the fetus has a condition “for which there is not a reasonable likelihood” that it will survive outside the uterus, according to Subchapter IX of the act

Additionally, under the state’s Parental Notice of Abortion Act, physicians cannot perform a surgical abortion on minors under the age of 16 unless the patient’s parent or guardian has received at least 24 hours notice from a medical professional. Notice is not required for nonsurgical abortions.

On the federal level, the funding of abortion is illegal through the 1977 Hyde Amendement “except in cases of life endangerment, rape or incest,” according to the Guttmacher Institute, a sexual and reproductive rights advocacy organization. States are only federally required to fund abortions that meet these conditions through federal-state Medicaid programs. 

While some states also fund abortions deemed medically necessary regardless of whether they endanger a patient’s life, Delaware state law does not extend beyond federal guidelines: The state only funds abortions in cases of life endangerment, rape or incest.

Abortion legislation in Delaware mirrors neighboring Maryland, whose laws include similar restrictions on abortion after fetal viability and abortion for minors under the age of 16. But abortion laws in these states are generally more restrictive than other mid-Atlantic counterparts, such as New Jersey and New York.

Maryland Gov. Larry Hogan (R) weighed in on the state’s abortion law on Friday.

“In 1992, Maryland voters approved a constitutional referendum legalizing and protecting access to abortion as a matter of state law – that measure remains in effect today following the Supreme Court decision in Dobbs v. Jackson. I swore an oath to uphold the Constitution and the laws of Maryland, and that is what I have always done and will continue to do as governor.”

The impact of Roe v. Wade’s fall in Delaware remains uncertain. While the abortion rate in Delaware steadily declined between 2014 and 2017, recent findings show that instances of abortion are increasing once again in the state, reflecting a rise on the national level.

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Maryland

Va., Md., advocates brace for next fight after Supreme Court sports ruling

Neither state has statewide ban on trans student athletes

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

On June 30, the U.S. Supreme Court cleared the way for states to enforce laws barring transgender students from participating on school sports teams consistent with their gender identity, a decision LGBTQ advocates say could encourage additional restrictions across the country.

While neither Maryland nor Virginia currently has a statewide ban on trans student athletes, advocates say the decision could reshape future legislative battles and school policies throughout the region.

Directly following the case, attorneys for trans student athletes spoke out about the case and how detrimental it could be to students.

“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, senior attorney and director of the Nonbinary and Transgender Rights Project for Lambda Legal, in a press release from the American Civil Liberties Union.

The next step is figuring out how states will move forward, specifically in Maryland and Virginia.

As of right now, neither state has bans on trans athletes in schools. The new Supreme Court decision also does not require states to enact bans, only that bans are allowed if states or school districts choose to enforce them.

According to the ACLU, 27 states have banned trans youth from participating in school sports since 2020. Most of these states also require sex testing, which the organization says is invasive for all female athletes.

Equality Virginia Executive Director Narissa Rahaman said that while she has heard a lot of frustration following the decision, people are ready to take action.

“Families, parents and youth have lived through disappointing changes to the Virginia Department of Education’s model policies for the treatment of transgender students, and the Virginia High School League’s decades-old policy that allowed transgender students an opportunity to play sports with their friends,” Rahaman said in a statement to the Washington Blade.

She believes they are not ready to give up this fight quite yet.

As of now, trans and nonbinary students are protected under Virginia law, and Rahaman wants that to continue.

“This ruling will likely embolden right-wing members of the General Assembly to pursue trans athlete bans, and we will continue to defeat every bill like we have the past five legislative sessions. Now is our time to be proactive,” Rahaman said.

She also calls upon Democratic Gov. Abigail Spanberger to defend trans youth in Virginia from what she describes as bullies and to continue to stand up to federal attacks on the trans community in general.

For trans students, Rahaman wants to ensure that they continue to know that they belong and have a place in school sports. 

“To the transgender young people watching this decision unfold: you belong on your team, in your school, in your community, and here in Virginia. This ruling does not change that. A single Supreme Court decision cannot define your worth or your future,” Rahaman said.

For people who may be outside the community but want to help, she encourages them to speak with trans and nonbinary people in their community, befriend the families of youth to show their support, and continue to speak up on these issues when needed.

According to ACLU of Virginia, high schooler Eliza Munshi was told she could not compete on the girls’ track team because she was trans. To prove a point, she decided to compete with the boys.

She had previously competed on the girls’s track team before her Virginia school decided to enforce the ban demanded by President Donald Trump. With pink hair and pink makeup, she decided to continue her love for the sport alongside boys. According to Munshi, her entire community rallied for her.

“I did it to prove a point. I knew I could do it. I knew it wouldn’t phase me. My gender itself and that label has been the least important part of my transition: I want to look how I want to look. I want to dress how I want to dress. If you don’t like that, then that’s not my business,” Munshi said.

DOE has launched Title IX probe against Md. school districts

In the weeks leading up to the ruling, multiple Maryland school districts were included in a Title IX probe stating that not enforcing sex-based protections guaranteed by federal law. Currently, there have been no updates on the lawsuit or the district’s decisions.

According to the U.S. Department of Education, the federal probe is based on parent complaints that the school districts were violating a specific Trump-Vance administration addition to Title IX, stating it aligned the sex-based protections “with biological reality, not ideological fantasy.”

According to FreeState Justice, an LGBTQ advocacy group in Maryland, while this is a disappointing ruling to see, they will continue to fight for trans student-athletes in Maryland and want trans youth to know that they belong.

“Every young person deserves the opportunity to participate in school and community life without being singled out because of who they are. These decisions send a harmful message to transgender youth that they are somehow less deserving of that opportunity,” said Phillip Westry, the group’s executive director.

Westry wants to make sure the community knows that their commitment to the organization has not changed and will continue to provide the same legal services they have prior and to advance policy solutions, to ensure “every LGBTQ+ Marylander can live with dignity, safety, and equal opportunity.”

Another issue brought up by trans advocates is the issue of testing women to determine whether they are biologically female or not.

According to Human Rights Watch, as of 2023, World Athletics required cis women with increased testosterone levels to undergo medical procedures to have it reduced to avoid advantages. Other forms of “sex verification” may include genetic testing, screenings of an athlete’s anatomy or chromosomes. 

However, this can become detrimental because not all women have ovaries, a uterus, or XX chromosomes, meaning cisgender women could potentially be included in these bans, depending on how the specific state plans to enforce them.

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Eastern Shore school board wants an 18-and-over rule for young adult books

Classics like ‘To Kill a Mockingbird’ and ‘Little Women’ might be off limits to most students

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(Photo by Sumnersgraphics, Inc., via Bigstock)

By LIZ BOWIE | Somerset County’s school board is considering barring students under the age of 18 from reading any young-adult literature in school libraries, essentially restricting all but 12th graders from checking out books written for teens and tweens.

The proposed policy also calls for the superintendent to discipline librarians if “adult” reading material appears in the children’s section.

The policy defines young adult as students over 18. “Young adults are not minors and books suitable for young adults shall be placed on a separate Young Adults library section to reflect age-appropriate literature,” a draft of the policy says.

The rest of this article can be read on the Baltimore Banner’s website.

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‘Girlfriends’ wanted for murder in Silver Spring arrested in Ohio

Montgomery County police charged both with killing mother of one of them

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Vanessa Wahanganisa Tjongarero-Henderson and Samantha Raebel were arrested. (Photos courtesy of Montgomery County, Md.)

Two women identified as a couple who have been wanted by Montgomery County, Md. police for allegedly killing the mother of one of them in her Silver Spring home on May 22 were arrested on June 10 in Ohio, according to a police statement.

The little-noticed statement released on June 11 says Vanessa Wahanganisa Tjongarero-Henderson, 29, of Clarksburg, Md., and Samantha Raebel, 36, of Phoenix, Ariz., who police earlier described as “girlfriends,” were apprehended by police in Genoa, Ohio after a local resident recognized them from news media coverage of the murder.

In their initial statement on June 4 announcing their investigation of the murder, Montgomery County Department of Police said they had charged the two women with first-degree murder for the death of Hilde Henderson, 67, who was the mother of Vanessa.     

“Through the course of the investigation, detectives identified Henderson’s daughter, Vanessa Tjonhgarero-Henderson, and Vanessa’s girlfriend, Raebel, as the suspects,” the police statement said. It said detectives obtained an arrest warrant for the two women for first-degree murder and asked the public for help in locating them.

“A nationwide search was launched for the suspects, with media coverage extending throughout Ohio, Nashville, and Phoenix,” the most recent statement on June 11 announcing the two women’s arrest says. “Major Crimes Division detectives received multiple tips from several states before the two women were ultimately located in Genoa, Ohio,” it says.

It adds that an autopsy determined the cause of Hilde Henderson’s death was blunt-force trauma injuries brought about by a murder. Police have yet to disclose whether they have determined a motive for the murder.

“Tjongarero-Henderson and Raebel are currently being held at the Ottawa County [Ohio] Detention Center awaiting extradition to Maryland,” the statement concludes.  

A spokesperson for the Office of the Montgomery County State’s Attorney, which prosecutes criminal cases in the county, told the Washington Blade the extradition was still pending and the two women had yet to be brought back to Maryland for prosecution as of June 29.

CBS News reported on June 16 that shortly after the two women fled almost 500 miles to Genoa, Ohio, they met a local resident at a fast-food restaurant and asked her for help, claiming they were homeless.

“They said they were living in Maryland,” CBS News quoted the resident, Adrienne Behrman, as saying. “They had taken what little money they had and left a toxic living situation, and they were headed to Arizona,” Behrman told CBS.

According to the CBS report, Behrman, who allowed the women to temporarily stay in her home, became suspicious that the stories they were telling her did not add up.

When one of them asked her for cigarettes and offered to reimburse her through the online Cash App payment platform, Behrman learned the woman’s real name—Henderson—through the app. Behrman then did an online search, “and that is when everything unraveled,” CBS reports, saying the search led to multiple press reports that the women were wanted for murder.

After leaving her home with the two women inside she called 911 to report the location of two people wanted for murder, CBS reports, adding that at least six police cars arrived and used a loud speaker to order the women out of the house and arrested them.

“I just hope the family and friends who knew the mother can have some peace,” Behrman told CBS News.     

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