Appeals court teaches Georgia county an expensive lesson in anti-trans discrimination

Another week, another court victory for transgender Americans and this one comes with a hefty price tag for those who sought to discriminate against her.

From The Associated Press

A federal appeals court has upheld a lower court’s ruling that a Georgia county illegally discriminated against a sheriff’s deputy by failing to pay for her gender-affirming surgery. In its ruling Monday, the 11th U.S. Circuit Court of Appeals said it was tasked with determining whether a health insurance provider can be held liable under the Civil Rights Act of 1964 for denying coverage for a procedure because an employee is transgender. 

The three-judge panel decided in a 2-1 vote that it can and that the lower court had ruled correctly. Houston County Sgt. Anna Lange, an investigator for the Houston County sheriff’s office, had sued Sheriff Cullen Talton and the county in 2019 after she was denied coverage. 

 . . .U.S. District Court Judge Marc Treadwell ruled in 2022 that the county’s refusal to cover Lange’s prescribed gender-affirmation surgery amounted to illegal sex discrimination under the Civil Rights Act of 1964. Treadwell’s order cited the U.S. Supreme Court’s 2020 decision finding that a Michigan funeral home could not fire an employee for being transgender.

 The judge ordered the county’s insurance plan to pay for the surgery and Lange eventually underwent the procedure. A jury awarded Lange $60,000 in damages in 2022. The county sought to undo Treadwell’s order and the damage award. 

 According to LGBTQ Nation, the county spent $1.2 million in legal fees when the surgery would have only been $10,000. Oh well. That's what the county gets. Some people aren't content unless they learn the hard way. 

And I'm here for it.

Expansion of Alabama 'Don't Say Gay' bill dies in on final day of legislative session

Alabama legislators pushing an expansion of a statewide 'Don't Say Gay' bill nearly brought it closer to being a law.  But they stumbled at the finish line.

From The Alabama Reflector

A bill that would have expanded Alabama’s “Don’t Say Gay” law died on the final day of the 2024 regular session. HB 130, sponsored by Rep. Mack Butler, R-Rainbow City, would have extended Alabama’s prohibition on discussion of sexual orientation and gender identity from kindergarten to fifth grade to kindergarten to eighth grade. It also would have banned flags or other insignia indicating gender identity or sexual orientation. Butler said in a Friday phone interview that he didn’t know what the issues were in the final days of the session but said there was a filibuster in the Senate “which is not uncommon.” 

 So what exactly happened? According to LGBTQ Nation, the bill died because of confusion regarding what it meant:

 Alabama public school teachers are already prohibited from leading discussions on LGBTQ+ identities through fifth grade. The new legislation, H.B. 130, would extend that restriction through 12th grade. The bill would also remove a line from existing law stating that teachers cannot discuss LGBTQ+ identities “in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards” and completely ban such discussions. Opponents of the bill said that it would force LGBTQ+ students and staff to go back into the closet in schools since the law was vague about what discussions, exactly, would be restricted.

 . . . Some of the confusion about the bill was discussed in the Alabama Senate, where state Sen. Larry Strutts (R) asked whether it would apply to bumper stickers on cars in school parking lots. Butler replied that school property doesn’t include parking lots.

 “The property is not the parking lot?” Stutts asked. “Well, we’re talking about the actual building,” Butler replied. Butler later told reporters that the concern was “ridiculous” but admitted that confusion around the bill may have prevented it from passing. 

 And apparently, according to LGBTQ Nation, this was just one of the many problems. Another one sprang up after someone attempted to add an amendment about the state's Space Camp,

Butler also reportedly tried to add an amendment – which failed – specifically stating that the state’s Space Camp may not teach children about LGBTQ+ issues. The amendment was issued in reaction to the revelation that a single employee of the Huntsville Space Camp is transgender. The revelation angered a slew of parents and politicians who called for the employee to be fired.

Several state and federal lawmakers targeted the trans employee. However, she was defended by the U.S. Space & Rocket Center and, as far as I know, has been able to keep her job.

Donald Trump promises to roll back protections for trans students 'on day one' if he is elected

Yet another reason why November's election is important to the LGBTQ community. Trump promises to reverse protections for trans students is bad enough in itself. But if you think the rest of us in the community aren't going to be targeted, you're being very naive. We can stop this before it happens, if we do the right thing. No need to march en masse in the streets after the fact if we took the time to march en masse to the voting booth in November.

From The Hill:

Former President Trump said Friday he would roll back transgender student protections enacted last month by the Biden administration “on day one” of his presidency if he is reelected in November. The Education Department in April unveiled a final set of sweeping changes to Title IX, the federal civil rights law preventing sex discrimination in schools and education programs that receive government funding. The new regulations, which are slated to take effect Aug. 1, cover discrimination based on sexual orientation and gender identity for the first time. 

 “We’re gonna end it on day one,” Trump said Friday during an appearance on “Kayal and Company,” a conservative talk radio show in Philadelphia. “Don’t forget, that was done as an order from the president. That came down as an executive order. And we’re gonna change it — on day one it’s gonna be changed.”

 President Biden in a 2021 executive order wrote that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.”

 “For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972,” Biden wrote in the executive order, which formally charged the Education Department with overhauling Title IX regulations instituted under Trump

. “Tell your people not to worry about it,” Trump told hosts Nick Kayal and Dawn Stensland on Friday, referring to the new Title IX rule. “It’ll be signed on day one. It’ll be terminated.”

Editor's note - Donald Trump's promise to reverse protections for trans students is an opportunity to remind the LGBTQ community and everyone in general how much of a liar he is. When he ran for president in 2016, he promised to fight for us. 

After he was elected, his policies were just the opposite. And he didn't even bother to give an explanation because the media generally didn't give enough of a damn to demand one. But I kept "receipts." Listed below are just a few.

News brief special - Trump, religious right team up in attempt to devastate LGBTQ equality, health, and wellness 

The Slate reports that Trump's newest trans troops ban was developed in part by anti-LGBTQ activists 

Trump broke all of the promises he made to the LGBTQ community, but the media doesn't care enough to ask why 

The Trump Administration has attacked the LGBTQ community 92 times in policy and rhetoric

Trump's betrayal of the LGBTQ community is central to the dishonesty of his joke of a presidency 

Don't forget Donald Trump's lie to the LGBTQ community

Donald Trump gave LGBTQ Americans lots of broken promises. Anyone telling you different is a liar.

Trashy and dangerous move - SC legislators pass bill banning gender-affirming care. Bill also outs trans kids to parents.

I am completely disappointed, but not surprised that legislators in my state would pass such a dangerous bill. But it's not over. NOT by a longshot. Like I told a friend of mine when this initially passed, we are just in the first inning.

South Carolina has passed a gender-affirming care ban. Here's what families can do​ - Completely ridiculous. They did this after lots of people came out to testify against it. They only had one person testifying for it and he did it via video. A complete stunt. But our community will prevail. 

After originating in the state Senate, H.4624 now heads to Republican Gov. Henry McMaster for his signature. The bill prohibits youth under the age of 18 in the state from receiving all medically necessary transgender health care, including puberty blockers, hormone therapy, and surgery. It also prohibits public funds and Medicaid from being used to cover the cost of transition-related healthcare for transgender people of any age. 

In response, the Campaign for Southern Equality has announced that families of transgender youth in South Carolina are now eligible to apply for support from the Southern Trans Youth Emergency Project (STYEP), a regional project that helps transgender youth whose access to gender-affirming care has been disrupted by government policies.

 “South Carolina lawmakers have turned their backs on transgender youth and passed this dangerous bill, which will needlessly and cruelly disrupt the lives of trans people in our state," said Domenico Ruggerio, Executive Director of We Are Family. "But our community is prepared to support families through this crisis – and we’ll never stop working toward a state where transgender and gender nonconforming people in South Carolina can be themselves and live with peace and power.” 

South Carolina will soon ban gender-affirming & out trans kids to their parents - More details about this awful bill. 

 The bill forbids public funding, including Medicaid, from being used “directly or indirectly” for gender-affirming care. This provision may face an immediate challenge since the 4th U.S. Circuit Court of Appeals, which includes South Carolina, ruled in April that government- and state-funded health care and insurance plans cannot exclude coverage for gender-affirming medical care, The Hill reported.

 The bill also requires school principals and counselors to notify parents if a child indicates in any way that their gender identity doesn’t match the sex they were assigned at birth. This provision will make trans, nonbinary, and gender-fluid students less likely to seek help from trusted adults in schools, leaving them without any adult support if their parents disapprove of their gender identity. 

 In January, Gov. McMaster called the bill “a good idea,” adding, “If they wanna make those decisions later when they’re adults then that’s a different story, but we must prevent our young people from making irreversible errors.” Several studies have shown that most people who receive gender-affirming healthcare do not regret it. 

 A March 2024 poll found that 71% of South Carolina voters felt that the government should not intervene in LGBTQ gender-affirming healthcare decisions that regard individuals under the age of 18.

Judge throws out lawsuit against school by mother who claimed it encouraged and hid her teen's gender expression

From The Associated Press:

A federal judge dismissed a lawsuit brought by a Maine woman who accused school officials of encouraging her teen’s gender expression by providing a chest binder and using a new name and pronouns, without consulting parents. 

 U.S. District Judge Jon Levy acknowledged his decision that a mother such as Amber Lavigne “might expect school officials to keep her informed about how her child is navigating matters related to gender identity” but he concluded that she failed to establish legal claims for which the school district could be held liable. The lawsuit filed last year was the latest to weigh a minor’s right to privacy when confiding in a mental health professional against a parent’s right to supervise their children’s health and education. 

 

 LGBTQ Nation provides details about the failed lawsuit: 

 The mother, Amber Lavigne, filed a lawsuit in April of last year against the school for allegedly violating her rights as a parent. She said that she found a chest binder in her 13-year-old child’s room and that her child said they got it from a social worker at school. Lavigne said administrators did not inform her that her child was given a chest binder and that they were going by a different name and pronouns at school. 

She met with school employees who said that their policy on transgender students is in line with state law. She sued, saying the school had a policy “of intentionally withholding and concealing certain information from parents” that was unconstitutional, but the evidence didn’t show that that was the policy, according to the judge. 

 According to the recently retired Chief U.S. District Judge Jon Levy, none of the claims cited within the lawsuit indicated that the school violated any laws. “It is understandable that a parent, such as Lavigne, might expect school officials to keep her informed about how her child is navigating matters related to gender identity at school,” said Levy in the ruling. “Her Complaint, however, fails to plead facts which would, if proven, establish municipal liability… based on an unwritten custom, ratification by a final policymaker, or failure to train.” 

 The guidelines imposed by the district allow for parents to learn of their child’s gender identity, and they oppose keeping secrets. Lavigne reportedly only identified a single instance of this being violated – not enough to hold the school liable, Levy says.

Video: Top 20 LGBTQ+ Couples on Animated Shows

 

 This was done 10 months ago, but I saw it only recently and it made me think.

 I'm 53 years-old, so I remember a time before Ellen or Will & Grace or having an openly gay member of the Presidential cabinet. I remember when my local tv station pre-empted a movie called Making Love because of the gay storyline. I remember when someone being openly gay for talk show fodder for days. And I remember "special episodes" of television show which featured a gay friend of the main character, and the plot was generally about him or her coming out and how the main character had to deal with it.  These episodes generally had a happy ending, but it still didn't feel right.

So, this video above is nice. It's a definite reminder of where we came from and how hard we fought to get here.

Arizona Republicans furious about Drag Queen Story Hour event in which no children were in attendance

The lies that Drag Queen Story Hour and drag queens in general are integral in some plot to "sexualize" or "trans" kids is a lie. We all knew this from the beginning. A recent incident at the Arizona State Capitol puts an exclamation point to that declaration.

Check out the tweet courtesy of Arizona Republicans:

⚠️ WARNING: THIS CONTENT MAY NOT BE SUITABLE FOR CHILDREN.

Arizona Democrat lawmakers teamed up with Planned Parenthood to host ‘Drag Story Hour’ at the Capitol to encourage parents to transition their kids. This is ahead of LGBTQ+ YOUTH Day at the Capitol tomorrow.

Your… pic.twitter.com/4qpS6lj4Gb

— AZSenateRepublicans (@AZSenateGOP) April 30, 2024

 

The hysterical narrative is that stuff like this is a way of supposedly "sexualizing" or "transing" kids. That in itself is ridiculous, but The Arizona Central also adds more details which underscores the inanity of the claim.

Opinion: Arizona Republicans are scandalized over a 'drag story hour' in the House basement. Quick, grab the smelling salts. https://t.co/XIsFChTPTt

— azcentral (@azcentral) May 2, 2024

From The Arizona Central:

 On Tuesday, the Arizona Legislature was, as usual, not working, and so the Arizona LGBTQ+ Caucus met in the House basement for a “drag story hour.” There were no children present, according to Rep. Lorena Austin, D-Mesa, who organized the event in conjunction with Planned Parenthood Advocates of Arizona. There was nothing sexually explicit or even vaguely provocative, based upon videos posted to social media. Just a person dressed in makeup, a sparkly suit and what looked to be a rather cool hat that Zorro would have totally worn, reading a story to adults about issues confronting the LGBTQ+ community. 

 To reiterate, there was nothing scandalous or sexual about this event. And not only that, NO children were in attendance anyway. 

 But in terms of hypocrisy, the situation gets funnier. While Republicans are all "in the vapors" about the Drag Queen Story Hour event, they said nothing when several weeks ago, other Republicans held a prayer circle on the Senate floor. These folks even knelt on the state seal as one of them spoke in tongues:

So this happened today at the #AZLeg. 🫠🫠🫠#Arizona #AZSenate #AZSupremeCourt pic.twitter.com/g2LVL41UWk

— Jeanne Casteen (@JeanneCasteen) April 8, 2024

Hat tip to JoeMyGod, which recently celebrated its 20-year anniversary. Thank you for your service to the community, Joe Jervis!!!