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Montana GOP expel trans lawmaker for remainder of session

“This is an anti-democratic effort to censor one of their own colleagues for using her voice and platform to represent her constituents”

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Democratic Montana state Representative Zooey Zephyr (HD-100) has been silenced by the House Republican supermajority for the remainder of the legislative session. She will lose all speaking privileges and will vote online.

Prior to the vote that barred her from participating on the House floor after she protested House Republican leaders’ decision earlier in the week to silence her, Zephyr said:

“It is my honor today to rise on behalf of my constituents for members of House District 100, and my members who elected me to represent them This legislature has systematically attacked that community. We have seen bills targeting our art forms, our books, our history, and our healthcare. And I rose up in defense of my community that day, speaking to harms that these bills bring.”

“A trans teen attempted to take their life watching that hearing. In that hearing, our caucus pleaded to the leader of that hearing to keep decorum and we were told that many people have many different opinions about those things.”

“If you use decorum to silence people who hold you accountable, then all you are doing is using decorum as a tool for oppression. When I continued to not be recognized, my community came and said that they let me speak. When the speaker gaveled down, he was driving a nail in the coffin of the nail of democracy. But you cannot kill democracy that easily, and that is why they kept chanting let her speak.”

“I’m not sure what comes next here, but I will do what I have always done. I will rise in support of my community. I will take the hard and moral choice to stand up for the people who elected me to do so. And I am grateful for those who stood up in defense of democracy. I hear from my constituents, I hear from your constituents that stood up on my behalf.”

“I know in this building, in these quiet halls, the staff come up to me and say thank you, for defending our community. I will always stand up for them, and I will always stand up for democracy in the state of Montana.”

Zephyr was supported by Native American lawmaker Rep. Jonathan Windy Boy (D) – HD32, who told the chamber: “The community that I represent does have trans. Some tribes, we call them two spirit people. My late uncle, one of my teachers in my way of life, has always told me … no matter who you are, we are all equal under the eyes of the almighty.

“There’s been a lot of things that have happened in this body over the last 21 years. This is nothing compared to things we’ve seen. We had a Democratic representative almost go fist to cuffs in the gallery. That was uncalled for. Why didn’t they get taken to the level of this,” he added noting: “Even in the Senate, we got up and we hit the desks. We almost got charged for messing up the state’s property. Why weren’t we disciplined like this?” “We are picking one person in this body for something she believes is right.”

“We need to just put this behind us, let her represent the people she represents, do the people’s work and move on,” he finished.

Another lawmaker then stood and berated the Republicans for taking this action. Representative SJ Howell (D) – HD 95, a trans nonbinary lawmaker from Missoula said:

“A yes vote on this motion puts our Democratic process and job as legislators second. Though I love my job, I have faced a series of deeply offensive behaviors. There has been a pattern of unwillingness to listen to a diverse set of opinions in front of us.”

“The right to protest is a clearly upheld right in the state and US constitution and we took oaths to protect that constitution. It is deeply unsurprisingly to me that the community responded the way it did. Its not just one of our own that has been silenced. It happened after a session where bills have targeted us, struggling for equal treatment under the law.”

“We are here because we are struggling with a debate we have had since the beginning of this session on a set of bills. Bills that directly impact the safety of the LGBT community. Not one Dem brought any of those bills,” Howell said.

Reaction was swift from LGBTQ and civil rights groups:

“This is an anti-democratic effort by House leadership to censor one of their own colleagues for using her voice and platform to represent her constituents,” said Keegan Medrano, policy director of the American Civil Liberties Union of Montana. “Rep. Zephyr is a duly-elected member of the legislature and entitled to represent the people of their district. In voting to take away her microphone, the House is attempting to silence Montanans and trans people from speaking to the harm of all these bills. This is another shameful day in our state’s history and we’re determined to protect every transgender Montanans from these vile, bigoted attacks on their dignity and equality.”

“There is a name for when elected officials attack and silence other elected officials they don’t agree with to prevent them from fulfilling their duties – it’s called authoritarianism,” said Deirdre Schifeling, national political director at the ACLU. “Freedom of speech is essential to our democracy. Trans people are an essential part of our democracy — both as voters and lawmakers — and must be defended.”

“For anti-LGBTQ lawmakers to launch a verbal and legislative war against transgender Montanans and censure the state’s only trans lawmaker for telling the truth – that they will have blood on their hands – is destructive and absurd. Her comment is incomparable to the harmful and hateful rhetoric of these anti-LGBTQ lawmakers and incomparable to the undeniable harm this legislation will have on trans people. Rep. Zephyr’s voice is needed more than ever at this moment and her opponents understand that. It is the reason they are determined to silence her,: Elliot Imse, executive director of the LGBTQ+ Victory Institute, said in a statement.

“Government representation is essential for LGBTQ+ community members who rarely see themselves reflected in positions of power, especially in conservative states like Montana. Transgender people must be part of the conversations about their lives,” Imse added.

Sarah Kate Ellis, president of GLAAD, issued the following statement:

“The silencing and threats of censure and expulsion against Rep. Zephyr for speaking up in support of transgender Montanans is an attack on our nation’s democratic ideals and free speech values. It’s an assault on democracy to suppress the already marginalized and under-represented voices of LGBTQ people and people of color, and the lawmakers who were duly elected to represent them. The attack against Rep. Zephyr is the latest in a disturbing trend across the country as LGBTQ and ally lawmakers in Tennessee, Oklahoma and other states have also faced recent threats of censure simply for speaking up for their constituents. Speaking up is literally what they were elected to do. This news is a strong reminder that our voices are our power. When we speak, extremist lawmakers can’t help but hear us.”

In the past few months, a number of additional elected officials and/or protestors at state capitals have faced disciplinary action for vocalizing their support for LGBTQ people or progressive issues:

  • Three state lawmakers in Tennessee faced disciplinary action following their participation in a gun violence protest shortly after a school shooting in Nashville. Resolutions for expulsions of two of the three lawmakers — two black men, Rep. Justin Jones and Rep. Justin Pearson — passed with a two-thirds majority, while the third — a white woman, Rep. Gloria Johnson — failed to pass by one vote. (The lawmakers were all later reinstated.)
  • In Oklahoma, protestors opposing a ban on health care for trans residents were escorted out of a House floor hearing, one of whom — a trans man — was thrown by a state trooper to the floor of a stairwell and handcuffed as he was held face down.
  • Shortly afterwards, Republican House leaders announced a censure of Rep. Mauree Turner, a Black Muslim legislator and Oklahoma’s first and only nonbinary elected representative, claiming that Rep. Turner “impeded law enforcement” by helping one of the protestors in their office. Rep. Turner continues to be censured to date as Oklahoma legislators continue considering a slate of anti-LGBTQ bills.

More than 500 anti-LGBTQ bills have been proposed in state legislatures in 2023 seeking to ban health care for trans Americans, prohibit transgender youth from being allowed to participate on school sports teams, prohibit any mention of LGBTQ people or issues in school curriculums, criminalize drag performances and Pride celebrations, and more.

LGBTQ Political Representation

LGBTQ people make up 7.1 percent of the population but only a small number of elected officials, although the number has increased over the past few years:

Number of trans/nonbinary elected officials according to the LGBTQ+ Victory Institute:

  • The number of openly nonbinary elected officials has grown from five in 2019 to 20 in 2023.
  • The number of openly transgender men in elected office has grown from five in 2019 to nine in 2023.
  • The number of transgender women in elected office has grown from 15 in 2019 to 41 in 2023.
  • In total, the number of openly transgender/ nonbinary elected officials has increased from 25 in 2019 to at least 70 in 2023.
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The White House

Biden condemns signing of Uganda’s Anti-Homosexuality Act

National Security Council ‘to evaluate’ law’s implications, U.S. engagement with country

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President Joe Biden (Washington Blade photo by Michael Key)

President Joe Biden on Monday condemned Uganda’s Anti-Homosexuality Act that the country’s president has signed.

“The enactment of Uganda’s Anti-Homosexuality Act is a tragic violation of universal human rights — one that is not worthy of the Ugandan people, and one that jeopardizes the prospects of critical economic growth for the entire country,” said Biden in his statement. “I join with people around the world — including many in Uganda — in calling for its immediate repeal. No one should have to live in constant fear for their life or being subjected to violence and discrimination. It is wrong.”

Biden notes “reports of violence and discrimination targeting Ugandans who are or are perceived to be LGBTQI+ are on the rise,” since MPs introduced the Anti-Homosexuality Act.

“Innocent Ugandans now fear going to hospitals, clinics, or other establishments to receive life-saving medical care lest they be targeted by hateful reprisals. Some have been evicted from their homes or fired from their jobs. And the prospect of graver threats — including lengthy prison sentences, violence, abuse — threatens any number of Ugandans who want nothing more than to live their lives in safety and freedom,” said Biden.

“This shameful Act is the latest development in an alarming trend of human rights abuses and corruption in Uganda. The dangers posed by this democratic backsliding are a threat to everyone residing in Uganda, including U.S. government personnel, the staff of our implementing partners, tourists, members of the business community and others,” added Biden. 

The version of the Anti-Homosexuality Act that President Yoweri Museveni signed contains a death penalty provision for “aggravated homosexuality.”

Biden in his statement notes he has “directed my National Security Council to evaluate the implications of this law on all aspects of U.S. engagement with Uganda, including our ability to safely deliver services under the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) and other forms of assistance and investments. My administration will also incorporate the impacts of the law into our review of Uganda’s eligibility for the African Growth and Opportunity Act (AGOA).”  

“We are considering additional steps, including the application of sanctions and restriction of entry into the United States against anyone involved in serious human rights abuses or corruption,” he said.

Ugandan media reports indicate the U.S. has revoked Parliament Speaker Anita Among’s visa.

“The United States shares a deep and committed partnership with the people of Uganda. For more than 60 years, we have worked together to help millions of Ugandans live healthier, more productive lives,” said Biden in his statement. “Our programs have boosted economic growth and agricultural productivity, increased investments in Ugandan businesses, and strengthened our trade cooperation. In total, the U.S. government invests nearly $1 billion annually in Uganda’s people, business, institutions, and military to advance our common agenda. The scale of our commitments speaks to the value we place on this partnership — and our faith in the people of Uganda to build for themselves a better future. It is my sincere hope that we can continue to build on this progress, together and strengthen protections for the human rights of people everywhere.”
 

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Texas

Texas attorney general impeached, suspended pending outcome of Senate trial

Ken Paxton over the last decade has targeted LGBTQ people

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The Texas House of Representatives voted to impeach state Attorney General Ken Paxton on May 27, 2023. (Photo by Bob Daemmrich for The Texas Tribune)

Editor’s note: For the vast majority of the past 10 years the Texas attorney general has waged a relentless campaign to limit the rights and equality of LGBTQ Texans, especially transgender Texans. Today’s vote is significant in terms of the possibility that a Senate conviction would offer a potential respite from Paxton’s attacks on the LGBTQ community.

By  Zach Despart and James Barragan AUSTIN, Texas | In a history-making late-afternoon vote, a divided Texas House chose Saturday to impeach Attorney General Ken Paxton, temporarily removing him from office over allegations of misconduct that included bribery and abuse of office.

The vote to adopt the 20 articles of impeachment was 121-23.

Attention next shifts to the Texas Senate, which will conduct a trial with senators acting as jurors and designated House members presenting their case as impeachment managers.

Permanently removing Paxton from office and barring him from holding future elected office in Texas would require the support of two-thirds of senators.

The move to impeach came less than a week after the House General Investigating Committee revealed that it was investigating Paxton for what members described as a yearslong pattern of misconduct and questionable actions that include bribery, dereliction of duty and obstruction of justice. They presented the case against him Saturday, acknowledging the weight of their actions.

“Today is a very grim and difficult day for this House and for the state of Texas,” Rep. David Spiller (R-Jacksboro), a committee member, told House members.

“We have a duty and an obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain,” Spiller said. “As a body, we should not be complicit in allowing that behavior.”

Paxton supporters criticized the impeachment proceedings as rushed, secretive and based on hearsay accounts of actions taken by Paxton, who was not given the opportunity to defend himself to the investigating committee.

“This process is indefensible,” said Rep. John Smithee (R-Amarillo), who complained that the vote was taking place on a holiday weekend before members had time to conduct a thorough review of the accusations. “It concerns me a lot because today it could be General Paxton, tomorrow it could be you and the next day it could be me.”

Saturday’s vote temporarily removes a controversial but influential Republican figure in Texas and nationally. He has led an office that initiated lawsuits that overturned or blocked major Biden and Obama administration policies, sought to reverse Trump’s electoral defeat in 2020, aggressively pursued voter fraud claims and targeted hospitals that provided gender care to minors.

The Legislature had impeached state officials just twice since 1876 — and never an attorney general — but the House committee members who proposed impeachment argued Saturday that Paxton’s misconduct in office was so egregious that it warranted his removal.

“This gentleman is no longer fit for service or for office,” said committee member Rep. Ann Johnson (D-Houston). “Either this is going to be the beginning of the end of his criminal reign, or God help us with the harms that will come to all Texans if he’s allowed to stay the top cop on the take, if millions of Texans can’t trust us to do the right thing, right here, right now.”

Rep. Charlie Geren (R-Fort Worth), a member of the investigative committee, used his presentation time to criticize Paxton for calling representatives as they worked on the House floor to “personally threaten them with political consequences in the next election” if they supported impeachment.

Speaking against impeachment, Rep. Tony Tinderholt (R-Arlington), called the process “wrong.”

“Don’t end our session this way. Don’t tarnish this institution,” Tinderholt said. “Don’t cheapen the act of impeachment. Don’t undermine the will of the voters. Don’t give Democrats another victory handed to them on a silver platter.”

The vote came as hardline conservatives supportive of Paxton’s aggressive strategy of suing the Biden administration were lining up in support of him. Former President Donald Trump — a close political ally to Paxton — blasted the impeachment proceedings as an attempt to unseat “the most hard working and effective” attorney general and thwart the “large number of American Patriots” who voted for Paxton.

Trump vowed to target any Republican who voted to impeach Paxton.

As lawmakers listened to the committee members make their case, Paxton took to social media to boost conservatives who had come to his defense, including Trump, U.S. Rep. Marjorie Taylor Greene (R-Ga.) and conservative radio host Grant Stinchfield, who tweeted, “Kangaroo Court in Texas.”

About 90 minutes into the debate, the official Twitter account of the Texas attorney general’s office began tweeting at members of the committee to challenge some of the claims being made.

“Please tell the truth,” the agency’s account said.

Because Paxton was impeached while the Legislature was in session, the Texas Constitution requires the Senate to remain in Austin after the regular session ends Monday or set a trial date for the future, with no deadline for a trial spelled out in the law.

Impeachment represents the greatest political threat to date for Paxton, who has been reelected twice despite a 2015 indictment for felony securities fraud and an ongoing federal investigation into allegations of official misconduct that began in 2020.

The impeachment vote, on the third-to-last day of the regular legislative session, capped a tumultuous week at the Capitol. From Tuesday to Thursday:

  • Paxton abruptly accused House Speaker Dade Phelan of presiding over the chamber while drunk and demanded that he resign.
  • The House General Investigating Committee revealed it had been investigating Paxton in secret since March.
  • The committee heard a three-hour presentation from its investigators detailing allegations of corruption against the attorney general.
  • The committee’s three Republicans and two Democrats voted to forward 20 articles of impeachment to the full House.

Paxton, who was comfortably elected to a third term last year, made a rare appearance before assembled reporters Friday to criticize the process, saying he was not given a chance to present favorable evidence. He called impeachment an effort by Democrats and “liberal” Republicans to remove him from office, violating the will of voters and sidelining an effective warrior against Biden administration policies.

“The corrupt politicians in the Texas House are demonstrating that blind loyalty to Speaker Dade Phelan is more important than upholding their oath of office,” Paxton said. He added, “They are showcasing their absolute contempt for the electoral process.”

Many of the articles of impeachment focused on allegations that Paxton had repeatedly abused his powers of office to help a political donor and friend, Austin real estate developer Nate Paul.

In fall 2020, eight top deputies in the attorney general’s office approached federal and state investigators to report their concerns about Paxton’s relationship with Paul.

All eight quit or were fired in the following months, and most of the details of their allegations against Paxton were revealed in a lawsuit by four former executives who claim they were fired — in violation of the Texas Whistleblower Act — in retaliation for reporting Paxton to the authorities. Paxton’s bid to dismiss the lawsuit is awaiting action by the Dallas-based 5th Court of Appeals.

According to the lawsuit, the whistleblowers accused Paxton of engaging in a series of “intense and bizarre” actions to help Paul, including intervening in an open-records case to help Paul gain documents from federal and state investigations into the real estate investor’s businesses. They also accused Paxton of directing his agency to intervene in a lawsuit between Paul and a charity, pushing through a rushed legal opinion to help Paul avoid a pending foreclosure sale on properties and ignoring agency rules to hire an outside lawyer to pursue an investigation helpful to Paul’s businesses.

In return, the whistleblower lawsuit alleged, Paul paid for all or part of a major renovation of a home Paxton owns in Austin. Paul also helped Paxton keep an extramarital affair quiet by employing the woman Paxton had been seeing, the lawsuit said, adding that the attorney general may also have been motivated by a $25,000 contribution Paul made to Paxton’s campaign in 2018.

In their report to the House General Investigating Committee on Wednesday, the panel’s investigators concluded that Paxton may have committed numerous crimes and violated his oath of office.

Investigators said possible felonies included abuse of official capacity by, among other actions, diverting staff time to help Paul at a labor cost of at least $72,000; misuse of official information by possibly helping Paul gain access to investigative documents; and retaliation and official oppression by firing employees who complained of Paxton’s actions to the FBI.

The articles of impeachment accused Paxton of accepting bribes, disregarding his official duties and misapplying public resources to help Paul.

The articles also referred to felony charges of securities fraud, and one felony count of failing to register with state securities officials, that have been pending against Paxton since 2015, months after he took office as attorney general. The fraud charges stem from Paxton’s work in 2011 to solicit investors in Servergy Inc. without disclosing that the McKinney company was paying him for the work.

The impeachment articles also accused Paxton of obstruction of justice by acting to delay the criminal cases with legal challenges and because a Paxton donor pursued legal action that limited the pay to prosecutors in the case, causing further delays “to Paxton’s advantage.”

Taken in total, the accusations showed a pattern of dereliction of duty in violation of the Texas Constitution, Paxton’s oaths of office and state laws against public officials acting against the public’s interest, the impeachment resolution said.

“Paxton engaged in misconduct, private or public, of such character as to indicate his unfitness for office,” the articles said.

An attorney general had never before been impeached by the Legislature, an extraordinary step that lawmakers have reserved for public officials who faced serious allegations of misconduct. Only two Texas officials have been removed from office by Senate conviction, Gov. James Ferguson in 1917 and District Judge O.P. Carrillo in 1975.

If Paxton is to survive, he will need to secure the support of 11 senators. With the 12 Democratic senators likely to support his removal, votes for acquittal would need to come from the 19 Republican members.

None has publicly defended Paxton. In a television interview Thursday, Lt. Gov. Dan Patrick, who presides over the Senate, said merely that he believed senators would be responsible jurors and “do their duty.”

A complicating factor is Sen. Angela Paxton (R-McKinney), Paxton’s wife. State law requires all senators to attend an impeachment trial, though whether she will recuse herself from voting is unclear.

Paxton’s political base lies in the far-right faction of the Republican Party, where he has positioned himself as a champion of conservative causes and a thorn in the side of Democratic President Joe Biden. Paxton has criticized his opponents as RINOs (Republicans in name only) who “want nothing more than to sabotage our legal challenges to Biden’s extremist agenda by taking me out.”

He also retained the backing of the state Republican Party, led by former state Rep. Matt Rinaldi, who frequently attacks Republicans he considers to be insufficiently conservative. On Friday, Rinadi said the impeachment was Phelan’s fault for allowing Democrats to have too much influence in the House.

“The impeachment proceedings against the Attorney General are but the latest front in the Texas House’s war against Republicans to stop the conservative direction of her state,” Rinaldi said in a statement.

Paxton also has maintained a close relationship with Trump and filed an unsuccessful U.S. Supreme Court challenge to the 2020 presidential election. Paxton also spoke at Trump’s rally on Jan. 6, 2021, shortly before the president’s supporters attacked the U.S. Capitol.

Related:

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Zach Despart’s staff photo

Zach Despart

[email protected]

@zachdespart

James Barragán’s staff photo

James Barragán

[email protected]

@James_Barragan

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The preceding article was previously published by The Texas Tribune and is republished by permission.

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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. 

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National

Target stores across the country receive bomb threats over LGBTQ merchandise

Company removed Pride-themed items to back of stores in Southern states

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Screenshot from YouTube (Courtesy of 11 Alive Atlanta)

Police departments in Utah, Ohio and Pennsylvania aided by assistance from agents from Federal Bureau of Investigation Field Offices in Ohio and Utah are investigating threats made by email to local media referencing the retail chain Target’s LGBTQ merchandise collections celebrating Pride Month.

KUTV CBS 2 Salt Lake City reported that Sgt. John Ottesen with Layton Utah Police said bomb threats were made to Target stores in Layton, Salt Lake City, Taylorsville and Provo. Ottesen confirmed that multiple law enforcement agencies commenced the investigation after the local new stations received the emailed threats.

A Target store in Layton, Utah, was evacuated after police said they were informed of a bomb threat to multiple Utah locations.

The threats specifically mentioned Target’s Pride merchandise, were three sentences long, and came from a “bogus email address,” according to Ottesen.

WOIO Cleveland 19 News received a bomb threat Friday afternoon against four Target stores in Ohio and a store in Monaca, Pa., purportedly from a person or persons angry over Target Corporation’s decision to remove some of the LGBTQ merchandise after a series of threats and physical threats against its retail clerks and staff in several southern states earlier this week.

It was not immediately known if the threats were legitimate, though precautions were quickly taken to ensure staff and customer’s safety according to officials.

A Target spokesperson who spoke with multiple media outlets said: “The safety of our team members and guests is our top priority. Law enforcement investigated these claims and determined our stores are safe. Our stores are currently open and operating regular hours.”

Speaking for the Minneapolis-based retail giant two days ago, spokesperson Kayla Castañeda noted: “Since introducing this year’s collection, we’ve experienced threats impacting our team members’ sense of safety and wellbeing while at work. Given these volatile circumstances, we are making adjustments to our plans, including removing items that have been at the center of the most significant confrontational behavior.”

Castañeda also released a statement from the company:

“For more than a decade, Target has offered an assortment of products aimed at celebrating Pride Month. Since introducing this year’s collection, we’ve experienced threats impacting our team members’ sense of safety and well-being while at work. Given these volatile circumstances, we are making adjustments to our plans, including removing items that have been at the center of the most significant confrontational behavior. Our focus now is on moving forward with our continuing commitment to the LGBTQIA+ community and standing with them as we celebrate Pride Month and throughout the year.”

Removal of the merchandise from its online store in addition to the storefronts has prompted harsh criticism of the retailer. California Gov. Gavin Newsom tweeted.

Numerous LGBTQ activists and groups have condemned Target for bowing to what is seen as political pressure by a minority of far right extremists:

“Extremist groups and individuals work to divide us and ultimately don’t just want rainbow products to disappear, they want us to disappear,” Kelley Robinson, president of the Human Rights Campaign, said in a statement. “For the past decade, the LGBTQ+ community has celebrated Pride with Target — it’s time that Target stands with us and doubles-down on their commitment to us.”

On Friday, Alejandra Caraballo, a clinical instructor at the Harvard Law Cyberlaw Clinic and an LGBTQ activist tweeted her disgust over the decision by Target to effectively abandon company support for the queer product lines and the creators.

Atlanta LGBTQ community reacts to Target pulling some Pride merchandise:

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