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No suspects in shooting of Texas lesbian couple

Teens found in park, one dead; coast to coast vigils planned for Wednesday, Friday

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Mary Kristene Chapa, Mollie Judith Olgin, gay news, Washington Blade

Two young lesbians in Texas were shot over the weekend, killing one of the girls.

A national outcry has followed news that on Saturday morning, Mollie Judith Olgin, 19, and Mary Christine Chapa, 18, were found in a Corpus Christi area park with gunshots to the head, according to Portland, Texas police. Olgin was declared dead at the scene, while Chapa is in stable condition.

Friends described the pair as a couple, and say they had been dating for five months before the shooting occurred, fueling speculation that hate may have been a motivating factor behind the crime, according to the Dallas Voice.

However, due to the nature of Chapa’s injuries, police have yet to interview the only witness to the crime, and without a suspect, cannot attribute a motive.

“Information from family and friends indicates that Mollie and Mary were engaged in a same-sex relationship,” Portland Police Chief Randy Wright wrote in a press release Tuesday night. “However, there is no current evidence to indicate the attacks were motivated by that relationship.”

Wright did not return calls regarding the investigation.

“We’re at a point in the investigation where we’re hopeful for the recovery of Mary Christine Chapa because she’s going to be the primary witness at this point in time,” Chuck Smith, deputy executive director of Equality Texas, told the Washington Blade. He noted the group is staying in touch with the Justice Department and the FBI as the investigation unfolds.

“I think the general reaction, both in the Portland area as well as in the larger community is one of shock,” Smith told the Blade. “Portland is a small town, they haven’t had a murder in two years, so it is certainly unusual for the city of Portland to have a violent crime like this. It is also unusual fortunately, to have this type of crime anywhere in the state that’s this violent in nature.”

“They apparently do not have evidence either way whether or not the crime was motivated by bias,” Smith added. “The surviving victim is going to be an important part of helping solve that investigation.”

Smith encouraged anyone with information about the incident to contact the Portland Police Department.

Vigils were planned to call attention to the shooting in San Francisco on Wednesday, as well as planned observances Friday in Portland, where the shooting took place, and Washington, D.C, at 6:00 p.m. at Dupont Circle.

“Whether or not it was a hate crime, it was a crime against humanity and for that reason alone we must stand up as a human family and support all who are in mourning,” said Michael Diviesti, Texas co-state lead organizer for grassroots LGBT group GetEQUAL, in a statement. “When something like this happens to one of us, it happens to all of us.”

GetEqual is maintaining a hub for information regarding the many local vigils being planned at a portal located at getequaltx.org/vigil.

“[The vigil] was initiated by friends of the victims, but it has quickly grown to be of interest to advocacy organizations and advocacy groups all across the state, and I think that is particularly important in terms of the coastal area that includes Corpus Christi, because historically it’s not been an easy place for LGBT people to organize in some respects because people don’t have the level of self-safety in order to be out and open,” Equality Texas’s Smith told the Blade of the Portland vigil, saying the organization will participate and observe, but is not organizing the event. “There is some level of trepidation in that area in terms of being out all the time.”

“I’m pleased to see that it motivates people to speak up,” Smith continued. “I would like to see people be involved all the time, not just when horrendous crimes like this occur. If it is violence against LGBT people that motivates people to wake up and recognize that they can’t just sit on the sidelines and expect other people to work and advance our movement, then on some levels it’s a good thing.”

According to Portland police, a spent shell casing from a handgun matching the bullets that killed Olgin was found at the scene, indicating, according to the release, the shooting occurred at the scene.

The news comes at a time when the Texas LGBT community — particularly along the Gulf Coast — continues to face hostility.

Last year in Corpus Christi, the ACLU intervened on behalf of students after the Flour Bluff Independent School District denied the students’ request to form a gay-straight alliance at the school and school administrators attempted to shut down all extracurricular activities rather than let the GSA form. The school board intervened and the clubs were again allowed in the school, including the GSA.

The news also comes the same week the Texas Republican Party published an anti-gay party platform, writing, in part, “We affirm that the practice of homosexuality tears at the fabric of society and contributes to the breakdown of the family unit. Homosexual behavior is contrary to the fundamental, unchanging truths that have been ordained by God, recognized by our country’s founders, and shared by the majority of Texans. Homosexuality must not be presented as an acceptable ‘alternative’ lifestyle, in public policy, nor should ‘family’ be redefined to include homosexual ‘couples.’ We believe there should be no granting of special legal entitlements or creation of special status for homosexual behavior, regardless of state of origin. Additionally, we oppose any criminal or civil penalties against those who oppose homosexuality out of faith, conviction or belief in traditional values.”

The platform also calls for the passage of the Federal Marriage Amendment, the repeal of any domestic partnership or civil union legislation anywhere in the country, and states its opposition to the Employment Non-Discrimination Act.

According to Smith, Equality Texas does not operate a specific statewide hate crime reporting mechanism where Texans can seek assistance in dealing with a case of anti-LGBT bias crime or discrimination.

“It’s sort of more done on the local level,” Smith said, saying that while Equality participates in community-based hate crime task forces, and some police departments have hate crime liaisons, the system is a “hodge podge” that causes problems throughout Texas. “While we do have a statewide hate crimes law, it has not been adequately implemented. Law enforcement has not had the level of training that one would need or expect to have in order for law enforcement jurisdictions across the state to adequately enforce and use the law.”

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National

GLSEN hosts Respect Awards with Billy Porter, Peppermint

Annual event aims to ‘inspire a lot of people to get active’

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Billy Porter is among guests at Monday’s Respect Awards in New York.

GLSEN will host its annual Respect Awards April 29 in New York, with guests including Miss Peppermint and Billy Porter. 

Respect Awards director Michael Chavez said that the event will be moving. 

“It will inspire a lot of people to get active and take action in their own communities and see how much more work there is to do, especially with all of the harmful things happening,” he said. 

At the event, they will recognize the Student Advocate of the Year, Sophia T. Annually, GLSEN recognizes a student from around the country who is impacting their community. 

“Sophia is doing incredible work advocating for inclusive sex education that is LGBTQ+ affirming, working with Johns Hopkins University to implement curriculum.” Chavez said. 

Chavez calls the students that attend the Respect Awards the “biggest celebrities” of the evening. 

“It is really important for the adults, both the allies and the queer folks, to hear directly from these queer youth about what it’s like to be in school today as a queer person,” he said.

GLSEN is a queer youth advocacy organization that has been working for more than 30 years to protect LGBTQ youth.

“GLSEN is all hands on deck right now, because our kids are under direct attack and have been for years now,” said actor Wilson Cruz.

Cruz is the chair of GLSEN’s National Board, which works to fundraise and strategize for the organization.

“I think we are fundamental to the education of LGBTQ students in school,” he said. “We advocate for more comprehensive support at the local, national, and federal levels so our students are supported.”

Chavez is one of the students that was impacted by this work. He led his school’s GSA organization and worked with GLSEN throughout his youth. 

Cruz said Chavez is doing what he hopes today’s GLSEN students do in the future, which is pay the work forward. 

“There’s nothing more powerful than people who have experienced the work that GLSEN does and then coming back and allowing us to expand on that work with each generation that comes forward,” he said. 

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Florida

Homeless transgender woman murdered in Miami Beach

Andrea Doria Dos Passos attacked while she slept

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Andrea Dos Passos (Photo courtesy of Equality Florida)

Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.

According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.

She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.

At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.

“The male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),” according to the arrest report.

Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.

Victor Van Gilst, Dos Passos’s stepfather confirmed she was trans and experiencing homelessness. 

“She had no chance to defend herself whatsoever. I don’t know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,” said Van Gilst. 

“She has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,” he added.

Gregory Fitzgerald Gibert booking photo via CBS Miami.

The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged. 

“The suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,” Miami Beach Mayor Steve Meiner said in a statement. 

Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that “whenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.”

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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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