Florida
Fla. moves to ban medical care for transgender youth
Florida Agency for Health Care Administration made recommendation
Within hours of a report issued Thursday by the Florida Agency for Health Care Administration recommending state health officials disallow healthcare services for treatment of gender dysphoria for children and adolescents in the state, Republican Gov. Ron DeSantisā administration asked the state board regulating doctors to essentially ban transition-related care.
In a letter that was obtained by NBC 6 in Miami, Florida Surgeon General Joseph Ladapo wrote:
“The current standards set by numerous professional organizations appear to follow a preferred political ideology instead of the highest level of generally accepted medical science. Florida must do more to protect children from politics-based medicine.
Otherwise, children and adolescents in our state will continue to face a substantial risk of long-term harm. The agency ultimately concluded that ‘available medical literature provides insufficient evidence that sex reassignment through medical interventions is a safe and effective treatment for gender dysphoria.’
I encourage the board to review the agencyās findings and the departmentās guidance to establish a standard of care for these complex and irreversible procedures.”
The 46-page report justified banning Medicaid coverage for transgender people of any age who want puberty blockers, hormone therapies or gender-assignment surgery.
NBC 6 pointed out that the two-pronged effort ensures that DeSantis can act quickly and without the need for legislative approval.
EXCLUSIVE: Gov. DeSantis’ admin. asks state medical board to ban transition-related care for minors and Medicaid recipients; the two-pronged effort ensures DeSantis can act quickly and without need for legislative approval. https://t.co/CFBQSt1Xht
ā NBC News (@NBCNews) June 3, 2022
The World Professional Association for Transgender Health and the United States Professional Association for Transgender Health condemned the Florida Agency for Health Care Administration for issuing what those organizations labeled a misleading and distorted report that aims to deny Medicaid coverage for trans health care.
āFloridaās assault on transgender communities has been relentless. This latest attack from the agency that oversees the Medicaid program comes just two months after the Department of Health targeted medically necessary health care for trans youth.”
In a joint statement the groups noted:
As stated in USPATHās detailed position statement responding to Floridaās actions: “These efforts lack scientific merit, and in some cases misinterpret or distort available data, or otherwise lend credence to individual opinions in the literature that are at odds with the overwhelming majority of experts and publications in this field.
Floridaās health agencies have an obligation to support the health and wellbeing of its residents, including those who are transgender. The state has instead chosen to issue misleading and dangerous reports designed to harm transgender people. WPATH and USPATH will continue to challenge each and every one of these unconscionable attempts to thwart trans health care.ā
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.
āThe 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),ā 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 Passosās stepfather confirmed she was transĀ and experiencing homelessness.Ā
āShe had no chance to defend herself whatsoever. I donāt 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,ā said Van Gilst.
āShe 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,ā 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.
āThe 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,ā 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 āwhenever 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.ā
Florida
Professor at Baptist university in Virginia found dead in Florida gay saunaĀ
Orlando police say cause of death undetermined
A beloved professor of psychology at Averett University, a private Baptist university in Danville, Va., was found dead on March 16 of unknown causes at the Club Orlando, a popular sauna and bathhouse for gay men located in Orlando, Fla.
University officials said David Hanbury, 37, an Associate Professor of Psychology who taught at the university since 2015, was in Orlando attending a conference of the Southern Psychological Association and had initially been reported missing by family members before he was found deceased.
Orlando police told USA Today the cause of death had not been determined but the death ādoes not appear suspicious at this time.ā USA Today reports that police said their investigation into the death was āactive and ongoing.ā
A spokesperson for the Orange County, Fla., Medical Examiner told the Washington Blade it would take about 90 days for the completion of blood work and toxicology tests to confirm the cause of death in a case like this, where there were no obvious signs of injury or illness.
Cassie W. Jones, Associate Vice President of University Marketing and Communications at Averett University, declined to disclose whether Hanbury self-identified as gay in response to an inquiry from the Blade
āAs an employer, we cannot comment on our employeesā personal matters,ā Jones said. But when asked if the university would have continued to treat Hanbury with respect and support his tenure at the university if he had come out as gay, she said āabsolutelyā in an email response to Blade questions.
āDr. David Hanbury was a dear professor, colleague and friend whose influence was far reaching,ā Jones said in a March 21 message to the Blade, āWe send our affection, condolences, and prayers of support to Dr. Hanburyās family, friends and all others upon whom he had a lasting impact.ā
The Averett University website shows that it has a policy of nondiscrimination that includes the categories of sexual orientation and gender identity among other categories such as race, religion, and ethnicity. The website also shows that the university has an LGBTQ student group called the Gender and Sexuality Alliance or GSA group.
Jones said the admiration and longstanding support of Hanbury from his fellow professors and students was reflected in a March 18 memorial gathering for him on campus.
āNearly 250 students, faculty, staff, and community members joined as one Averett family, united in grief and sorrow, as we gave thanks for the remarkable life and influence of Dr. Hanbury on our lives and on the University,ā Jones said.
āAverett University is committed to inclusion and belonging for all who learn, work and visit our campus,ā Jone told the Blade. āOpenness and inclusivity are embedded in our institutionās core values, and we know our diversity makes us stronger.ā
The Baptist Standard, an independent newspaper that reports on the Baptist Church, reported in a May 9, 2011, story that the Baptist General Association of Virginia severed ties with Averett University in 2005 over a disagreement with the universityās position on homosexuality. Other news reports at the time said the Baptist organization objected to the universityās support for a gay student group.
Jones, in her message to the Blade, said Averett University currently āis a part of the Baptist General Association of Virginia family of educational partners.ā She added, āWe are aligned in our commitment to meet students wherever they are in their faith journey, and welcome those of all faiths or no faith.ā
Florida
Settlement and clarification reached in Fla. ‘Donāt Say Gay’ law
Republican Gov. Ron DeSantis signed statute in 2022
A settlement reached with the Florida State Board of Education, Florida Department of Education and various school districts and the attorneys and plaintiffs clarifies what is allowed in Florida classrooms under the stateās controversial āParental Rights in EducationāĀ law colloquially referred to as the āDonāt Say Gayā law.
The plaintiffsā lawyers at Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights filed the agreement with the 11th U.S. Court of Appeals on Tuesday. The agreement effectively nullifies the most dangerous and discriminatory impacts of the law, and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.
Cameron Driggers and Jack Petocz, who led the statewide student protest against the āDonāt Say Gayā law in March 2022, reacted in a text message to the Washington Blade saying:
āLGBTQ+ students and allies are breathing a sigh of relief today in response to the news that litigation has successfully mediated some of the most extreme aspects of Gov. DeSantisā ‘Donāt Say Gay’ legislation. Just about two years ago, we led a statewide school walkout all across the state of Florida in response to that bill. We knew then that it infringed on the basic civil liberties of students and teachers and we look forward to future challenges to other pieces of authoritarian legislation.ā
āThe settlement restores the ability of students, teachers and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork,ā the legal teams noted in a statement. āIt also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send todayās agreement to every school district, and to make clear that the settlement reflects the considered position of the state of Florida on the scope and meaning of this law.ā the statement continued.
Specifically, the historic settlement agreement clarifies the following:
- Classroom references. The law does not prohibit references to LGBTQ+ persons, couples, families, or issues, including in literature, in classroom discussion (such as student-to-student speech or teachers responding to studentsā questions), in studentsā academic work product or teachersā review of the same, in teachers identifying same-sex or transgender spouses or partners, or in any other context in which a teacher is not āinstructingā on the subject of sexual orientation or gender identity.
- Nondiscrimination.Ā The law does not target LGBTQ+ persons, couples, families or issues.Ā Rather, it requires neutrality and prohibits āclassroom instructionā on the subjects of sexual orientation or gender identity, whether the subject addresses heterosexuality, homosexuality, bisexuality, cisgender identities, transgender identities or otherwise. It would violate the law, then, to instruct that heterosexuality is superior to other sexualities, or that cisgender identities are superior to transgender identities.
- Anti-bullying and acceptance. The law does not prohibit instruction or intervention against bullying on the basis of sexual orientation or gender identity, nor does it require the removal of safe space stickers or elimination of safe space areas for the benefit of LGBTQ+ persons.
- Extracurricular activities.Ā The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members.Ā The law also does not prohibit book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with oneās perceived gender identity.
- Library books. The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity.
- Third parties. The law does not apply to non-school-personnel, including parents, other family members, and guest lecturers, so long as the school is not delegating to such third party the role of providing classroom instruction on the subjects of sexual orientation or gender identity.
āWe made a promise to LGBTQ+ families, students and educators across the state to ensure that they received equal dignity under the law, and to protect our schools from a censorship agenda that harms the education system as a whole,ā saidĀ Equality Florida Executive Director Nadine Smith.Ā āFlorida has already endured nearly two years of book banning, educators leaving the profession and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community.Ā This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools and our state.Ā The message to school districts, superintendents and teachers alike is clear: Protect every student and respect every family.ā
In early 2022, Republican Gov. Ron DeSantis signed House Bill 1557, commonly known as the āDonāt Say Gayā bill. The plaintiffs sued the next day, alleging that the law was impermissibly vague, was obviously motivated by hostility to LGBTQ people and families and created an enforcement system that enabled discrimination and discouraged efforts to fight it. The plaintiffs claimed that the law violated their rights to equal protection, due process, and free speech. The plaintiffs litigated aggressively, and engaged in months of negotiations with the stateās lawyers to forge Monday’s historic settlement.
āThis settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Floridaās ‘Donāt Say Gay or Trans’ law, it codifies important new protections that were not previously clearly established, such as the right of teachers and staff to talk about LGBTQ people, to put safe space stickers in their classrooms, and to be open about their own LGBTQ identities or same-sex partners, just as straight teachers are able to be,ā said NCLR Legal Director Shannon Minter in a phone statement to the Blade. āI am thrilled to be part of this historic moment, which is a strong sign that the tide of anti-LGBTQ hatred and persecution is turning, thanks to the hard work of so many.ā
Human Rights Campaign National Press Secretary Brandon Wolf issued the following statement:
āThis is more evidence: The tide is turning on the anti-LGBTQ+ agenda. In state legislatures and courtrooms in Florida and beyond, discriminatory policies are starting to collapse. The DeSantis administration was forced to acknowledge that their vague, broad law was having sweeping consequences. And this settlement makes clear that every student deserves a safe, welcoming school environment where their families are treated with the respect that they deserve ā and that what applies to LGBTQ+ people must apply to others equally. Thank you to the legal team and courageous plaintiffs for challenging this discriminatory law.ā
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