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Trans inmate sues Va. corrections department over denial of surgery

Lawsuit says refusal of medical care is ‘cruel and unusual punishment’

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The LGBTQ litigation group Lambda Legal on Aug. 26 filed a lawsuit in federal court against the Virginia Department of Corrections on behalf of a transgender man incarcerated at a state prison on grounds that he was illegally denied “medically necessary” care, including breast removal surgery.

The lawsuit charges that the denial of surgery for Jason Yoakam, 42, who has been assigned to the Fluvanna Correctional Center for Women in Troy, Va., since 2004, violates the Eighth Amendment of the U.S. Constitution, which prohibits “cruel and unusual punishment.”

According to the lawsuit, prison officials also denied Yoakam treatment from qualified mental healthcare providers for gender dysphoria, a medical condition experienced by transgender people widely recognized by professional associations representing the medical and mental health professions, including the American Psychiatric Association.

A statement released by Lambda Legal points out that gender dysphoria is listed as a medical condition that some transgender people experience as significant distress when their gender identity is not congruent with their sex assigned at birth.  

“Mr. Yoakam is not seeking special treatment, just access to medically necessary health care and reasonable accommodations,” said Richard Saenz, a senior attorney for Lambda Legal and one of a team of attorneys representing Yoakam in the lawsuit. “Every incarcerated person has a right to basic health care based on their medical needs and should not face discrimination because of their sex,” Saenz said in the Lambda Legal statement.

“The only thing I am asking is to be treated fairly and have access to the same standard of healthcare that other incarcerated people receive,” Yoakam said in the statement. “It has been traumatizing, isolating, and stigmatizing to be denied health care services to treat the gender dysphoria that VDOC’s own providers have diagnosed,” he said.

The lawsuit says that from an early age Yoakam has believed his female body was a “mistake” and he finds his breasts an image of “shame and disgust.” It says prison officials did provide him with a “chest binder” that compresses his breasts, but which also causes pain and skin irritation and cannot provide the necessary treatment and remedy that only surgery can bring about.

By denying him surgery and other needed medical or mental health care, the lawsuit charges, prison authorities have also violated the Equal Protection Clause of the Constitution’s 14th Amendment as well as nondiscrimination provisions under the Americans with Disability Act and the Affordable Care Act.

A spokesperson for the Department of Corrections and the facility where Yoakam is being held could not immediately be reached for comment on the lawsuit

Lambda Legal says in its statement that prison officials told Yoakam he could not be approved for the bilateral mastectomy or chest surgery he requested because it considered the surgery an “elective” procedure that was not medically necessary for treatment of gender dysphoria.

The Washington Post reports that a Department of Corrections official told the Post in an email message that its internal guidelines for medical care for inmates calls for deciding on treatment and care requests on a case-by-case basis.

“All medically necessary treatment is available,” the spokesperson told the Post. “We follow the community standard of care.”

Court records show that Yoakam pleaded guilty in 2004 to a charge of first-degree murder and was sentenced by a Virginia judge to 30 years in prison, with nine years suspended for a total of 21 years of incarceration. An inmate information page on the Fluvanna Correctional Center’s website shows that Yoakam is scheduled to complete his sentence and to be released on May 23, 2022, after serving just over 18 years.

A corrections department spokesperson couldn’t immediately be reached about Yoakam’s release schedule, but correctional systems often reduce the time served for inmates based on a number of factors, including good behavior.

Court records and all official references to Yoakam at the Fluvanna Correctional Center for Women refer to him by his legal female birth name. Saenz of Lambda Legal said Yoakam is in the process of legally changing his name to Jason Yoakam.

The court records and news media reports show that Yoakam, at age 24, was arrested on a first-degree murder charge and other related charges, including illegal firearms possession, on March 3, 2004, just over four months after he allegedly shot and killed James “Jamie” Lane, 39, on Oct. 15, 2003.

The incident occurred in Lee County, Va., located in the southwestern corner of the state near the Kentucky and Tennessee borders. The Kingsport, Tenn., Times-News reported in a Dec. 3, 2003, story that Yoakam was identified at that time as a lesbian woman who became enraged when his girlfriend left him to begin a relationship with Lane.

“Testimony from a number of witnesses indicated that the shooting may have stemmed from a love triangle with a twist,” the Times-News reported.

The newspaper reported that Lane’s ex-wife, Tonya Garrett Lane, 30, who is Yoakam’s half-sister, was charged with allegedly conspiring to murder the ex-girlfriend of Yoakam who reportedly left Yoakam to begin a relationship with her ex-husband.

“The ex-Mrs. Lane was apparently involved because she didn’t want her children ‘being raised by a (expletives deleted) lesbian,’” the Times-News reported based on testimony in court.

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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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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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Target limits Pride Month collection sales 

Attacks against employees, threats prompted company to remove LGBTQ products in 2023

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(Photo by Jonathan Weiss via Bigstock)

The Minneapolis-based retail giant Target has announced that it has scaled back availability of its LGBTQ Pride Month collection to select stores and online sales. In May of last year the retailer was forced to remove its LGBTQ merchandise after attacks on employees and emailed threats including bomb threats.

In a media statement to the Washington Blade deflecting on specifics regarding the company’s decision to only offer its Pride collection to only about roughly half of its nearly 2,000 stores nationwide, a spokesperson for Target said:

“Target is committed to supporting the LGBTQIA+ community during Pride Month. Beyond our own teams, we will have a presence at local Pride events in Minneapolis and around the country, and we continue to support a number of LGBTQIA+ organizations. Additionally, we will offer a collection of products for Pride, including adult apparel, home products, food and beverage, which has been curated based on guest insights and consumer research. These items, starting at $3, will be available in select stores and on Target.com.”

In an emailed statement reacting to the news Human Rights Campaign President Kelley Robinson said:

“Pride merchandise means something. LGBTQ+ people are in every zip code in this country, and we aren’t going anywhere. With LGBTQ+ people making up 30 percent of Gen Z, companies need to understand that community members and allies want businesses that express full-hearted support for the community. That includes visible displays of allyship. 

Target’s decision is disappointing and alienates LGBTQ+ individuals and allies at the risk of not only their bottom line but also their values.”

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In May 2023, police departments in Utah, Ohio, and Pennsylvania aided by assistance from agents from Federal Bureau of Investigation Field Offices in Ohio and Utah investigated threats, including a bomb threat to multiple Utah locations, made by email to local media referencing the retail chain Target’s LGBTQ merchandise collections celebrating Pride Month.

At the time last May, Target spokesperson Kayla Castañeda 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.”

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