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Trump administration moves to dissolve final order against trans military ban

DOJ cites stays from Supreme Court allowing implementation

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David Bright, Startwaune Anderson, conversion therapy, gay news, Washington Blade
The Justice Department has filed a request to lift the remaining court order barring enforcement of the transgender military ban.

With the U.S. Supreme Court green lighting President Trump this week to proceed with a ban on transgender military service, the U.S. Justice Department moved on Tuesday to dissolve the last court order standing in the administration’s way.

In a one-page notice signed by Assistant Attorney General for the Civil Hunt Joseph Hunt, the Justice Department informs U.S. Judge District George Russell in Maryland of the Trump administration’s intent to a file motion to request a stay on his preliminary injunction preventing Trump from enforcing the anti-trans policy.

Hunt cites the Supreme Court’s decision to issue stays challenging the transgender ban in two other cases before the U.S. Ninth Circuit Court of Appeals. In both those cases, trial courts issued orders barring the Trump from enforcing the policy as litigation proceeded, but stays from the Supreme Court abrogated those orders.

“The preliminary injunctions stayed in Karnoski and Stockman are indistinguishable from the preliminary injunction in this case, and the Supreme Court’s order is binding precedent on the application of the stay factors to the injunction at issue here,” Hunt writes.

Once the preliminary injunction issued by the Maryland court is lifted, nothing will block the Trump administration its policy. As envisioned in an implementation plan issued by former Defense Secretary James Mattis, the policy would bar new transgender enlistments, but allow openly transgender people currently in the military to remain in the armed forces and receive transition-related care. (Individuals in the military who later decide to come out as transgender and transition, however, will face discharges.)

With the nation’s most superior court directing the Ninth Circuit to dissolve identical orders, it’s hard to see how Russell could keep the last remaining order against the transgender ban in place.

Russell issued the order in the case of Stone v. Trump, a legal challenge against the transgender military ban filed by the American Civil Liberties Union on behalf of six transgender service members.

In a brief Wednesday responding to the Justice Department, the ACLU points out the Supreme Court merely stayed orders against the ban until the Ninth Circuit renders a decision in those cases, thus a dissolution would be inappropriate.

The ACLU concedes “it would be appropriate for this court to stay the nationwide effect of its injunction pending appeal” in the aftermath of the orders from the Supreme Court, but urges Russell to keep his order in effect for at least the named transgender plaintiffs in the case.

“Defendants’ argument before the Supreme Court centered on the nationwide effects of the Karnoski and Stockman injunctions,” the brief says. “Every page of the Argument section of their Applications focused on Defendants’ concerns regarding a nationwide injunction, and no plaintiffs in those cases urged the Supreme Court to preserve a stay as to specific individual plaintiffs.”

The ACLU also argues “it is in both parties’ interests to expeditiously reach a resolution of the case,” calling to proceed with discovery process in the lawsuit.

“Defendants previously argued that a stay of compliance with this court’s discovery orders would not prejudice plaintiffs while the preliminary injunction remained in place,” the brief says. “This soon may no longer be the case. Now that plaintiffs may lose the protection of the preliminary injunction, plaintiffs respectfully request that implementation of this court’s discovery orders, and its consideration of the pending dispositive motions, proceed expeditiously.”

On Thursday, the Justice Department responded with another brief calling for a stay pending resolution of the request to dissolve the injunction.

“Because the Supreme Court’s order granted defendants’ stay request in full and stayed the Karnoski and Stockman injunctions in their entirety, a similar stay of this court’s preliminary injunction, in its entirety, is required here,” the brief says.

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U.S. Federal Courts

4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons

Lawsuit filed in May 2023

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(Bigstock photo)

A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents filed their lawsuit in May 2023.

An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.” 

“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.

U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.

“We’re talking about books like ‘Pride Puppy,’ which is light-hearted and affirming,” said ACLU of Maryland Legal Director Deborah Jeon in a press release. “During a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.”

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National

Jimmy Carter’s grandson says his grandfather nearing the end

Former president has been in hospice for more than a year

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Former President Jimmy Carter being interviewed by CBS News in 2006. (CBS News YouTube screenshot)

BY JILL NOLIN | The grandson of former President Jimmy Carter provided an update on his grandfather’s condition Tuesday at the Rosalynn Carter Symposium on Mental Health Policy, which was the first held since the former first lady’s death.

Grandson Jason Carter said he visited his grandfather at his home in Plains a couple weeks ago to watch an Atlanta Braves baseball game.

“I said, ‘Pawpaw, people ask me how you’re doing, and I say, I don’t know.’ And he said, ‘well, I don’t know myself,’” Jason Carter said during the event at the Carter Center in Atlanta. “He’s still there.” 

Jimmy Carter, who at 99 years old is the longest lived president, has been in hospice care since early 2023. Rosalynn Carter, his wife of 77 years, died in November.

Jason Carter said he believes his grandfather is nearing the end.

“There’s a part of this faith journey that is so important to him, and there’s a part of that faith journey that you only can live at the very end. And I think he has been there in that space,” Jason Carter said. 

His grandfather’s time in hospice care has been a reminder of the work Rosalynn Carter did to advance caregiving and mental health, he said.

“The caregiving associated with mental health and mental illness is so crucial and so fundamental to the work that we all do in this room and to her legacy that it is remarkable and important, and we’ve all experienced it very first hand over the last year so we give thanks for that as well,” Jason Carter said. 

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Jill Nolin

Jill Nolin has spent nearly 15 years reporting on state and local government in four states, focusing on policy and political stories and tracking public spending. She has spent the last five years chasing stories in the halls of Georgia’s Gold Dome, earning recognition for her work showing the impact of rising opioid addiction on the state’s rural communities. She is a graduate of Troy University.

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The preceding article was previously published by the Georgia Recorder and is republished with permission.

The Georgia Recorder is an independent, nonprofit news organization focused on connecting public policies to the stories of the people and communities affected by them. We bring a fresh perspective to coverage of the state’s biggest issues from our perch near the Capitol in downtown Atlanta. We view news as a vital community service and believe that government accountability and transparency are valued by all Georgians.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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National

FBI warns of potential threats to Pride Month events

Advisory notes June 12 marks eight years since Pulse nightclub massacre

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FBI Director Christopher Wray (NBC News screen capture)

Citing the rising numbers of violent threats primarily across the digital landscape online including emailed bomb and death threats, officials from the Federal Bureau of Investigation and Homeland Security Investigations have issued warnings that foreign terrorist organizations or their supporters are targeting the LGBTQ community during Pride Month.

In a notice released on May 10, the FBI and HSI warn that efforts to commit or inspire violence against LGBTQ celebrations, including Pride celebrations or other LGBTQ-related venues, are compounded by the current heightened threat environment in the U.S. and other Western countries. 

The FBI and HSI noted that June 12 marks the eighth anniversary of the Pulse nightclub shooting in Orlando, Fla., during which the attacker killed 49 people and wounded 53 others. After the Pulse shooting, pro-ISIS messaging praised this attack as one of the high-profile attacks in Western countries, and FTO supporters celebrated it. There are concerns that instances like the Pulse anniversary could spark a violent attack.

In addition to the threats posed by off-shore groups, increased threat levels domestically including recently documented instances of homophobic and transphobic threats exemplified recently from reporting by multiple media outlets regarding Libs of TikTok’s creator Chaya Raichik, who had initiated an ongoing campaign against Planet Fitness, demanding a boycott in retaliation for the gym’s transgender-inclusive locker room policy.

At least 53 locations of Planet Fitness have reported hoax bomb threats in recent weeks; the threats were primarily reported through emails, and in some cases, phone calls, continuing what has become a trend of violent threats against institutions targeted by Raichik. 

Raichik has a long documented history of fostering anti-LGBTQ animus through her posts which in turn has led to what NBC News, Media Matters, the SPLC, the Washington Blade, and others documenting Raichik’s anti-LGBTQ acts of arguably stochastic terrorism.

In February, NBC News Technology Reporter David Ingram, detailed bomb threats and violent threats inspired by Raichik’s social media posts. NBC News identified 33 instances, starting in November 2020, when people or institutions singled out by Libs of TikTok later reported bomb threats or other violent intimidation. 

During his April 11 testimony on Capitol Hill, FBI Director Christopher Wray issued a warning to lawmakers telling a House subcommittee that there is a growing fear among law enforcement officials of possible “coordinated attack” inside the U.S. telling committee members that a “lone-wolf” attack promulgated by events in Middle East are the agency’s overarching worry.

Speaking with the Blade on background, a senior FBI official noted that Pride events in locales other than major urban settings, particularly the largest Pride gatherings in New York, San Francisco, Los Angeles, and D.C., which have a traditionally large police presence, smaller cities and towns are at elevated risk.

In an emailed statement, the FBI said it has, in general, observed an increase in threats of violence targeting institutions like hospitals and schools.

“As a country and organization, we have seen an increase in threats of violence targeting government officials and institutions, houses of worship, schools, and medical facilities, just to name a few. The FBI and our partners take all threats of violence seriously and responding to these threats ties up law enforcement resources.

“When the threats are made as a hoax, it puts innocent people at risk, is a waste of law enforcement’s limited resources, and costs taxpayers. The FBI and our state and local partners will continue to aggressively pursue perpetrators of these threats — real or false — and hold them accountable,” the FBI statement said.

Reacting to the elevated threat levels in a statement, GLAAD President Sarah Kate Ellis said:

“A fringe few extremists, domestically and overseas, are irrationally threatened by the rising tide of acceptance for LGBTQ people. It is important to keep Prides safe for all attendees, and for people to keep showing up during Pride and throughout the year to speak up for the equality and safety of their communities and all marginalized people.”

The FBI is asking that Pride event planners, organizers, and others be aware of possible indicators of potential threat activity:

  • Violent threats made online, in person, or via mail.
  • Unusual or prolonged testing or probing of security measures at events or venues.
  • Photography of security related equipment, personnel, or access points consistent with pre-operational surveillance without a reasonable alternative explanation.
  • Unusual surveillance or interest in buildings, gatherings, or events.
  • Attempts to gain access to restricted areas, bypass security, or impersonate law enforcement officials.
  • Observation of or questions about facility security measures, including barriers, restricted areas, cameras, and intrusion detection systems without a reasonable alternative explanation.
  • Eliciting information from facility personnel regarding the nature of upcoming events, crowd sizes, busiest times of day, etc., without a reasonable alternative explanation.
  • Attempts to enter a restricted area, bypass security, or impersonate law enforcement officials.

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