National
Gay Sandy victims struggle to recover
Storm surge inundated the New York and New Jersey coastlines.
Superstorm Sandy’s surge destroyed homes along Cedar Grove Avenue in Staten Island, N.Y. (Washington Blade photo by Michael K. Lavers)
STATEN ISLAND, N.Y. –Allison Galdorisi and her wife Claire were inside their home on Hett Avenue in the New Dorp Beach section of Staten Island when Superstorm Sandy’s storm surge began inundating their neighborhood shortly after 7 p.m. on Oct. 29.
The couple opened their front door after they heard a noise and saw two feet of water outside their house. The surge had risen to four feet before Galdorisi and her wife left through a back window — they could not open the front door because of the water. The couple, who clipped their cell phones to their shirt collars and held a flashlight above the floodwaters as they waded through them, climbed over a neighbor’s fence before walking to nearby New Dorp Lane.
Galdorisi and her wife reached dry land at Hylan Boulevard, which runs the length of the South Shore of Staten Island.
“The water was so strong; the current,” Galdorisi told the Washington Blade from Staten Island on Monday afternoon. “There was so much debris.”
Nearly a month after Sandy devastated the New York and New Jersey coastlines, the storm’s aftermath remains clearly visible in the most affected areas.
A pile of debris that had once been a house remains on the corner of Cedar Grove Avenue and Maple Terrace in New Dorp Beach – a few blocks away from Galdorisi’s home and in the same area President Obama toured with New York Gov. Andrew Cuomo, local Congressman Michael Grimm and other officials on Nov. 15. Dozens of cars that had been submerged remain abandoned along the side of streets, while boats that came to rest on beaches and in adjacent marshes are visible from Hylan and Father Capodanno Boulevards.
Wayne Steinman took one final look at the water across the street from his townhouse on Father Capodanno Boulevard in the Midland Beach section of Staten Island before evacuating to his husband Sal Ianullo’s parents’ home in Brooklyn around 2 p.m. on Oct. 29. The tide was already high, but he told the Blade the water was “still contained on the beach where it belonged.”
Up to six feet of water inundated the couple’s home a few hours later — the water shattered three large windows at the front of the house as it flowed through the first floor. The surge also tore the shed and air conditioning unit from the outside wall — the latter has not been found.
Up to six feet of water inundated Wayne Steinman and Sal Ianullo’s Staten Island, N.Y., home during Superstorm Sandy. (Washington Blade photo by Michael K. Lavers)
The couple found some furniture that had been in their living room in their front yard when they returned the next day. Their deck looked like what Steinman described as “toothpicks scattered about.”
“The power of it was intense,” he said. “I do have some neighbors who lived through it and did not evacuate. And the best way to describe it is a tsunami. It wasn’t just water rising and then going away; it was a force of moving water.”
Nine of the more than 40 people who lost their lives during Sandy in New York City were in Midland Beach. This figure includes David Maxwell, a 64-year-old gay man who lived alone in his Mapleton Avenue home after his partner moved into a local nursing home after suffering a stroke.
A man and his 13-year-old daughter drowned when the surge washed away their Yetman Avenue home in the Tottenville section of Staten Island. The New York Daily News reported the family decided not to leave after someone broke into their home after the evacuated during Hurricane Irene that struck New York City in Aug. 2011.
On nearby Manhattan Street, Margie DelGesso and a group of other women were gutting her house that had up to six feet of water in it at the height of the storm. She is currently living with a friend in another part of Staten Island.
“They were talking about how bad it was going to be,” DelGesso told the Blade while talking with this reporter in front of her damaged house. “I would never think I was going to have six feet of water in my house. I didn’t even bring my furniture up, which I did last year. I brought a lot of furniture up for Irene. And this year I was like, ‘nah, I’m all right.’”
“Operation Chocolate Chip Cookie” offers food, coffee to storm victims
A group of women who call themselves “Operation Chocolate Chip Cookie” served pasta and meatballs, homemade turkey soup, potato and egg sandwiches, cookies, cupcakes and hot coffee they were able to brew with a generator the New York Police Department donated from a tent they set up at a nearby intersection as DelGesso and her neighbors gutted and repaired their damaged homes. They have volunteered in other storm-devastated Staten Island neighborhoods.
“We’re just hitting different parts of the island that have been impacted by this tragedy,” South River, N.J., resident Pam McClellan, who grew up on Staten Island, told the Blade before she and other volunteers offered this reporter pasta, bread and three boxes of cookies and cupcakes to bring back to D.C. “We find places to set up shop. We’ll get as many people as we can. We got a good group of girls, a good group of friends who are just willing to help out.”
Volunteers offering clothing, food and other donated items to storm survivors from makeshift distribution centers along the street remain a common sight throughout many Staten Island neighborhoods — several remain along Midland Avenue in Midland Beach. Members of a Brooklyn motorcycle club continue to distribute these items on Cedar Grove Avenue in New Dorp Beach. Galdorisi said they stopped a looter while on patrol a couple of weeks ago.
The Stephen Siller Tunnel to Towers Foundation, which was established in honor of firefighter Stephen Siller who died in the Sept. 11 terrorist attacks after he ran through the Brooklyn Battery Tunnel to join his New York Fire Department colleagues at the World Trade Center, has created a Sandy relief fund. The American Red Cross, which initially faced criticism from Staten Island Borough President James Molinaro in the days immediately after the storm, continues to have a visible presence in Staten Island.
The Federal Emergency Management Agency has six disaster recovery centers in the borough — DelGesso said FEMA deposited two months of rent assistance into her checking account after she applied.
A group of women serve food and coffee in the Tottenville neighborhood of Staten Island, N.Y., on Nov. 25, 2012 (Washington Blade photo by Michael K. Lavers)
Gay Staten Islander coordinates Sandy relief efforts
Michele Karlsberg, who is lesbian comedian Kate Clinton’s publicist, raised $2,500 that she distributed to DelGesso, Galdorisi, Steinman and Iacullo and two other gay Staten Islanders she knew Sandy directly impacted. She directed up to $10,000 she helped raise to the Stephen Siller Tunnel to Towers Foundation.
Karlsberg, whose mother lost everything during the storm and the house in the borough’s Ocean Breeze neighborhood in which she grew up had eight feet of water inside of it after Sandy, continues to post recovery information to her Facebook page. She told the Blade she recently spoke with an NYPD lieutenant who wanted to know where he could send 100 cots and heaters.
Karlsberg directed him to a woman who set up a donation distribution center in New Dorp Beach.
“I sent the guy to her, so that was great,” she said.
As Staten Islanders begin to rebuild, those in other affected areas continue to recover from the storm.
Normal ferry service to Fire Island Pines and Cherry Grove on Fire Island, which saw widespread flooding and severe beach erosion, has resumed. The Long Island Power Authority has also restored electricity to the vast majority of homes in the gay resort communities.
A group of drag queens who perform in Cherry Grove took part in a fundraiser at the Stonewall Inn in Greenwich Village on Sunday night that raised money for the Red Cross and the fund that maintains the dunes to which many local residents point as the reason the hamlet suffered comparatively less damage from Sandy than other areas of Fire Island. Jay Pagano, president of the Fire Island Pines Property Owners Association, is scheduled to meet with local beach erosion control officials to discuss ways to rebuild his community’s dunes.
“Restoration of the dunes is a FIPPOA priority,” he wrote in a Nov. 20 e-mail to Pines residents.
Homeless LGBT youth drop-in center relocates
The Ali Forney Center’s drop-in center for homeless LGBT youth in Manhattan’s West Chelsea neighborhood that flooded during the storm has relocated to the nearby LGBT Community Center.
A fund established to help the organization raise money for a second drop-in center that is scheduled to open in Harlem early next year has thus far raised more than $250,000. Gay MSNBC anchor Thomas Roberts and his husband, Patrick Abner, were among those who attended post-Sandy fundraiser for the Ali Forney Center at a Manhattan bar earlier this month.
Carl Siciliano, the group’s executive director, told the Blade he expects it will cost more than $400,000 to recover what was lost in damaged drop-in center and to move into the new Harlem space.
“To have our drop-in center reduced, to have smaller spaces and all of that is difficult for the kids,” he said. “The basic needs are the same as they were right before the hurricane that they’re not being met. They’re like in a constant state of crisis. By virtue of our space being totally destroyed, in a lot of ways we became the focal point of how LGBT folks were understanding how our community had been hurt by Sandy, although we certainly weren’t the only ones who were badly hurt. Bailey House [an organization that offers housing for people with HIV/AIDS] was badly hurt as well, so in a way it generated a lot more support for us than normal, but the kids are in a constant state of crisis so there’s not nearly enough resources for them. It just escalates it.”
A group of Ali Forney clients and staff recently brought supplies to a group helping Sandy victims in Brooklyn’s hard-hit Red Hook neighborhood. Roberts, who emceed the Ali Forney Center’s annual fall fundraiser four days before Sandy made landfall near Atlantic City, N.J., helped cook Thanksgiving dinner with Abner, actress Ally Sheedy and another couple at a Brooklyn facility that has beds for 20 homeless LGBT youth.
“We live in Hell’s Kitchen and we were not affected at all,” Roberts, who reported from New Orleans after Hurricane Katrina’s storm surge inundated the city in 2005, told the Blade. “I walk to work so I didn’t have to worry about the subway. The lights never went off, so it’s been a real education to hear about and also to cover what everyone has been living through and the pictures really tell the tale of only a small part of it. I know for certain places like Staten Island or Seaside Heights in New Jersey the devastation is as far as the eye can see.”
Lynette Molnar of Provincetown for Women, who produces annual events for lesbian visitors to the resort town on Cape Cod, coordinated the collection of coats, blankets, toiletries, cell phone chargers and other items from local businesses and guesthouses to send to the Stephen Siller Tunnel to Towers Foundation. Her group sent close to 40 large boxes of donations to Staten Island with the Human Rights Campaign paying for the shipping.
“It feels so close to home and there are so many gay people too who live on Staten Island,” Molnar told the Blade. “People just really poured their hearts out. It was so wonderful to be able to see that kind of support.”
Staten Islanders struggle against lack of housing, rumors
Back on Staten Island, gay state Assemblyman Matt Titone said a lack of affordable housing and what he described as the “rumor mill” remain two of the most pressing issues for those recovering from the storm. Shoes, winter clothing and other donated supplies are readily available, but Karlsberg said replacing washing machines and other appliances has proven more of a challenge.
“So much stuff is out there, but people have no place to put it,” she said. “All these things came instantly, but when you get back in your house and you say ‘oh, I don’t have a toaster. You know oh, I don’t have plates.’ But you can’t get any of that stuff now.”
Galdorisi, who grew up in New Dorp Beach, is currently living with family on Staten Island. She hopes she and her wife will return in three months once they rebuild their now gutted house.
“Right now, a lot of people in my neighborhood are actually living in their houses because they are not lucky enough to have family that they can go stay with,” Galdorisi said. “I’m actually one of the lucky ones. Even though I lost my house, I have family that I can stay with. Some of them are still living there. They’re just getting electric back now.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
National
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Annual event aims to ‘inspire a lot of people to get active’
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.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
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.
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.”
4th Circuit rules gender identity is a protected characteristic
Out in the World: LGBTQ news from Europe and Asia
Weekend brings two shootings in U Street, Dupont Circle areas
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Homeless transgender woman murdered in Miami Beach
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Argentina government dismisses transgender public sector employees
Mexican Senate approves bill to ban conversion therapy
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