READ IT HERE: w/ UPDATE: Gavin Grimm’s brief in his challenge to Gloucester County School Board’s transgender bathroom use policies
February 23, 2017
LGBT Legal Cases Transgender Rights
The U.S. Supreme Court. Attribution: Jeff Kubina
The Court will likely decide whether Title IX protects students on the basis of gender identity. The case has narrowed a bit since the Trump administration has rescinded a guidance letter interpreting a regulation to include gender identity in its references to “sex.”
The brief can be read here. The school board’s opening brief can be found here.
UPDATE: The Court is asking for briefs from the parties on how best to respond to the Trump administration’s rescission of the guidelines. The briefs are due March 1.
Thanks to Equality Case Files for these filings
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43 Comments
1.
VIRick | February 23, 2017 at 9:38 pm
North Carolina: More Fallout from US Withdrawal of Transgender Guidance
Per Equality Case Files:
In "United States v. North Carolina," the federal case in which the DOJ is suing the state and North Carolina officials over HB2, the United States has notified the court in this case of its decision to withdraw the Title IX guidelines.
"This notice is to inform the Court that, on 22 February 2017, the Department of Education, in conjunction with the Civil Rights Division of the Department of Justice, announced their decision to withdraw that guidance and a subsequent joint guidance letter, not to rely on the views expressed in the guidance, and instead to consider further and more completely the legal issues involved."
The United States’ Notice of Additional Authority is linked here:
http://files.eqcf.org/cases/116-cv-0042-235/
2.
VIRick | February 23, 2017 at 9:47 pm
Pennsylvania: Lambda Legal's Transgender Rights Case to Proceed
Per Equality Case Files:
On 23 February 2017, in "Evancho v. Pine-Richland School District," Lambda Legal's federal suit against a Pennsylvania school district for implementing a new policy that discriminates against transgender students, Judge Hornak held a telephonic status conference "to address specific questions to counsel related to actions of the Departments of Justice and Education on the evening of 22 February 2017."
Per the Minute Entry following the conference, "All counsel fully responded to all of the Court's questions and indicated that they had no need to file any supplemental papers. All counsel confirmed that all pending claims and motions remain in the case."
Plaintiffs in this case have moved for a preliminary injunction. Defendants seek dismissal. A hearing on those motions was held on 1 December 2016. Judge Hornak has not yet issued a decision.
Briefs for these motions are available here: http://bit.ly/2mq8rEn
Minutes of Telephonic Status Conference, 23 February 2017, before Judge Mark R. Hornak are here:
http://files.eqcf.org/cases/216-cv-01537-75/
3.
guitaristbl | February 24, 2017 at 11:52 am
Worth noting that the plaintiff is the transgender sister of singer Jackie Evancho who sang at Trump's inauguration only to act shocked and dissapointed today after he rescinded Obama's order protecting her sister's rights.
4.
VIRick | February 24, 2017 at 1:10 pm
The sister is the lead plaintiff, as there are actually three plaintiffs to the case.
And thanks for looking up and verifying that information about the direct connection, something I had already suspected, given the same unusual surname, and the fact that the case is being heard in federal court in Pittsburgh, while knowing that Jackie Evancho has a transgender sister and lives in the Pittsburgh area.
This family strikes me as being quite perverse (and it has to be the parents because the kids are still minors). Simultaneously, while being plaintiffs in a federal transgender rights suit, filed on behalf of one daughter, they're also chumming up to Trump by encouraging/allowing the other one to sing the "Star Speckled Banana" at his yuuuuuuuge inauguration. Somehow, despite the federal suit, the words "attention whore" come to mind.
5.
VIRick | February 27, 2017 at 5:09 pm
Pennsylvania: Transgender Rights Upheld in Federal Court, Judge Reams Defendants
Per Equality Case Files:
On 27 February 2017, in "Evancho v. Pine-Richland School District," Lambda Legal's federal suit against a Pennsylvania school district for implementing a new policy that discriminates against transgender students, the Court has issued its preliminary injunction, effective 1 March 2017, in favor of the plaintiffs, based on their Equal Protection claims.
The Order Granting in Part Plaintiffs’ Motion for Preliminary Injunction and Denying Without Prejudice the Defendants’ Motion to Dismiss is here:
http://files.eqcf.org/cases/216-cv-01537-77/
From the Order:
The Court hereby preliminarily restrains and enjoins Defendants, their officers, employees, and agents; all persons acting in active concert or participation with any Defendant, or under any Defendant's supervision, direction, or control; and all other persons within the scope of Federal Rule of Civil Procedure 65( d)(2), from
(1) enforcing as to the Plaintiffs the Defendant District' s Resolution 2 or any policy, practice, or custom of the Pine-Richland School District and/or Pine-Richland High School that denies Plaintiffs the access and use of the District's restrooms consistent with the Plaintiffs' gender identities (or the use by any student including the Plaintiffs of the District's single-user restrooms otherwise made available to students);
(2) taking any formal or informal disciplinary action against Plaintiffs because they used the District's restrooms consistent with their gender identities so long as such use is otherwise not in violation of the District's Code of Student Conduct; and (3) otherwise modifying the manner in which the Defendants interacted with the Plaintiffs prior to the adoption of Resolution 2 with regard to the Plaintiffs' gender identities and in relation to the Plaintiffs' attendance in the District and/or the Plaintiffs' participation in any District program or activity.
The Opinion is here:
http://files.eqcf.org/cases/216-cv-01537-76/
6.
VIRick | February 27, 2017 at 5:28 pm
Pennsylvania: More on the Federal Transgender Rights Case Ruling
The transgender sister of a performer who sang at President Trump’s inauguration and two of her schoolmates must be given access to school restrooms that match their gender identity, a federal judge in Pennsylvania ruled on Monday, 27 February 2017, less than a week after the Trump administration withdrew a policy that said schools must provide that access to transgender students.
US District Court Judge Mark R. Hornak issued a temporary injunction barring Pine-Richland School District from enforcing a policy that said transgender students could either use single-person bathrooms or facilities matching their birth sex.
In issuing his opinion suspending that policy, Hornak ruled that the students would likely prevail on their claims that the rule denied their equal protection rights under the equal protection guarantee of the Fourteenth Amendment to the US Constitution.
However, the court sidestepped a national debate about whether civil rights laws already ensure transgender students access to restrooms — a question scheduled to go before the Supreme Court in March. In doing so, Hornak did not address the question about whether the students would prevail on a claim the school district policy violated Title IX of the Education Amendments of 1972.
https://www.buzzfeed.com/dominicholden/transgende…
7.
Elihu_Bystander | February 27, 2017 at 7:18 pm
I think that it is really progressive that the students do not complain, it is only their adults/parents.
8.
scream4ever | February 27, 2017 at 9:08 pm
That's how it's always been 🙂
9.
VIRick | February 23, 2017 at 10:09 pm
Chihuahua: Civil Society Groups Request Congress to Act on Marriage Equality
Per México Igualitario:
Chihuahua será el primer Estado en donde la sociedad civil doblegue al Congreso y le de una lección de democracia ciudadana.
Acto público de solicitude de integración de la jurisprudencia por el derecho al matrimonio igualitario en Chihuahua:
28 de febrero 2017:
10:20 horas, Caravana motorizada
11:00 horas, Conferencia de prensa frente al Congreso del Estado
https://twitter.com/MX_Igualitario
Chihuahua will be the first state in which civil society groups will bend Congress and give it a lesson in citizens' democracy.
A public act of solicitation for the integration of the jurisprudence for the right to marriage equality in Chihuahua:
28 February 2017:
10:20 AM, Motorized caravan
11:00 AM, Press Conference in front of the State Congress
Note: Although marriage equality has been in effect ever since the Governor of Chihuahua signed an Executive Order in 2015 giving it legal effect, since then, the State Congress of Chihuahua has not lifted a finger to revise the State Code to reflect the change.
10.
JayJonson | February 24, 2017 at 6:13 am
Same-Sex Marriages begin in Slovenia
Reuters reports that Slovenia has authorized same-sex marriages for the first time today (Feb. 24) under a law giving gay couples largely the same rights as heterosexuals though barring them from jointly adopting children.
The head of the unit in charge of weddings in Slovenia's second largest city Maribor, Ksenija Klampfer, told Reuters the first lesbian wedding would take place there on Saturday.
"We are very happy and proud that we will perform the first same-sex wedding. We believe that such marriages are an important step towards formation of an inclusive society where people have equal rights," Klampfer said.
The law was passed ten months ago after a December 2015 referendum rejected a draft which would also have given gay couples the right to adopt children.
Homosexual couples in Slovenia have been able to register their relationship since 2006 and are also allowed to adopt children from a partner's previous relationship – though not the children of others.
http://uk.reuters.com/article/uk-slovenia-rights-…
11.
DevilWearsZrada | February 24, 2017 at 10:14 am
These are not marriages but partnerships. It's sad that Reuters made such a stupid mistake.
12.
JayJonson | February 24, 2017 at 1:41 pm
Thanks. I wondered about that since I have seen nothing else about it.
13.
guitaristbl | February 24, 2017 at 11:50 am
This mistake is being reported all over credible media, even LGBT specific like pinknews. Slovenia's partnership law comes into effect today, nothing to do with marriage even if they advertise it as such,
14.
VIRick | February 24, 2017 at 1:40 pm
See if this edited account of the Reuters report more accurately reflects the reality of the change which went into effect from today, 24 February 2017, in Slovenia:
Same-Sex Partnership Ceremonies Authorized in Slovenia
From today, 24 February 2017, Slovenia has authorized same-sex partnership ceremonies under a new law which just went into effect giving same-sex couples largely the same rights as heterosexuals, though barring them from jointly adopting children.
The head of the unit in charge of civil marriages in Slovenia's second largest city Maribor, Ksenija Klampfer, told Reuters the first lesbian partnership ceremony would take place there on Saturday, 25 February 2017.
"We are very happy and proud that we will perform the first same-sex partnership ceremony. We believe that such partnerships are an important step towards formation of an inclusive society where people have equal rights," Klampfer said.
The law was passed ten months ago after a December 2015 referendum rejected a draft which would also have given same-sex couples the right to adopt children.
Same-sex couples in Slovenia have been able to register their relationship since 2006 and are also allowed to adopt children from a partner's previous relationship, though not the children of others.
15.
VIRick | February 24, 2017 at 4:46 pm
This incorrect interpretation of the new law in Slovenia is all over the Spanish-language news as well, with the same exaggerated mis-information:
Eslovenia Dice "Sí" al Matrimonio Igualitario
Slovenia Says "Yes" to Marriage Equality
Ljubljana – Desde hoy, 24 de febrero 2017, estarán permitidas las bodas entre personas del mismo sexo en Eslovenia, aunque seguirán sin poder realizar adopciones. Autoridades anunciaron que en la ciudad de Maribor, este sábado, 25 de febrero 2017, se celebraría la primera boda de una pareja de mujeres. Según las autoridades de Ljubljana, capital del país, ninguna pareja homosexual se ha registrado para casarse ahí.
La ley ha sido finalmente aprobada después de que fuera eliminada por referéndum en diciembre de 2015. Aquel primer borrador recogía el derecho a la adopción de las parejas homosexuales.
http://ulisexmgzn.com/eslovenia-dice-al-matrimoni…
Ljubljana – From today, 24 February 2017, in Slovenia, weddings between people of the same sex will be allowed, although they will still not be able to adopt. Authorities announced that in the city of Maribor, this Saturday, 25 February 2017, the first wedding of a pair of women would be celebrated. According to authorities in Ljubljana, the capital of the country, no same-sex couple has registered to be married there.
The law was finally passed after an earlier measure was defeated by referendum in December 2015. That first draft included the right to adoption by same-sex couples.
16.
VIRick | February 24, 2017 at 5:14 pm
In fairness, we need to be extremely mindful of correct, precise legal terminology, particularly when translating. I also have no idea what the original terms were in Slovenian, prior to any translation.
Still, for example, in the article I just translated from Spanish, they use the ceremonial word, "bodas" (weddings), rather than the correct Spanish legal term, "matrimonio civil" (civil marriage). Yet, even here, they further confuse the issue by also throwing in the term "casar se" (to marry, but literally, to house themselves together).
From this, though, it has become apparent that Slovenia is now allowing some sort of civil wedding partnership ceremony to be conducted by the civil authorities, rather than simply having the same-sex couple dryly register their partnership with the civil authorities without any sort of public ceremonial acknowledgment of the union.
In English (without translation), I am also aware that Pink News is quite sloppy in its use of terminology, generally using the words "wedding" and "marriage" interchangeably, along with other meaningless euphemisms, like "tying the knot."
17.
allan120102 | February 24, 2017 at 5:28 pm
I have correct many of my friends who thought Slovenia had became the 23 country in the world to legalize it. I hope many news stations and newspapers who have print this bad information correct them. As many of us know that Slovenia has no marriage equality for now…. I really believe that Slovenia , Czech republic or Germany are the the three prime candidtates in becoming the first central European country to legalize ssm but for now there isnt.
18.
JayJonson | February 25, 2017 at 5:29 am
Yes, Rick, the difference between the registered partnerships that went into effect in 2006 and the laws that went into effect on Friday must be that ceremonies are authorized and that they also now provide the same rights and responsibilities (except adoption) that heterosexual marriage provides.
According to the Associated Press, "The measures formally came into effect Friday after they were approved last year. Same-sex unions now enjoy the same legal protection as married couples in areas including social and health care benefits."
http://abcnews.go.com/International/wireStory/slo…
19.
VIRick | February 25, 2017 at 2:11 pm
Although I have yet to encounter any corrected English-language re-interpretation of the new law which went into effect in Slovenia from 24 February 2017, here's the first paragraph of a very extended article in Spanish, published today, 25 February 2017, with a much more carefully-written, and far more accurate interpretation of that law from Dos Manzanas of Spain:
Eslovenia Estrena Nueva Ley de Uniones Civiles entre Parejas del Mismo Sexo
Slovenia Launches New Civil Unions Law between Same-Sex Couples
Este viernes, 24 de febrero 2017, ha entrado en vigor en Eslovenia la ley de uniones civiles, que concede a las parejas del mismo sexo todos los derechos asociados al matrimonio salvo los referidos a la homoparentalidad (la capacidad de adoptar hijos o de recurrir a técnicas de reproducción asistida). El primer artículo de la ley, de hecho, enuncia de forma explícita que la unión entre personas del mismo sexo “no es un matrimonio." Con la aprobación hace varios meses de esta ley la clase política eslovena buscaba resarcir, de alguna manera, al colectivo LGTB después de que un referéndum promovido desde sectores católicos anulase la ley de matrimonio igualitario que previamente su Parlamento había aprobado.
http://www.dosmanzanas.com/2017/02/eslovenia-estr…
On Friday, February 24, 2017, the law on civil unions entered into force in Slovenia, which grants to same-sex couples all the rights associated with marriage except those related to homoparentality (the ability to adopt children or to resort to assisted reproduction techniques). The first article of the law, in fact, explicitly states that the union between persons of the same sex "is not a marriage." With the passage several months ago of this law, the Slovenian political class was seeking to compensate the LGTB collective, in some way, after a referendum promoted from Catholic sectors annulled the law of marriage equality that its Parliament had previously approved.
20.
guitaristbl | February 24, 2017 at 12:22 pm
Arkansas Supreme Court strikes down Fayeteville's protections for LGBT people.
When is this silly state law in Arkansas and Tennessee going to be challenged in federal corut properly ?
21.
allan120102 | February 24, 2017 at 5:33 pm
The Arkansas supreme court was one of the most liberal courts in the region for lgbt rights even when the marriage case was heard the vote was suppose to be 5-2. After the 2014 elections the court took an extreme turn to the right. Now I believe every member of the court is republican. They are now in par with the courts in Mississippi and Alabama. Especially the bigot Jo hart. who have handed the two anti lgbt decisions. That is why I was pessimistic when the court was to hear the case.
22.
VIRick | February 24, 2017 at 2:39 pm
New York Governor Calls Trump ‘Misguided’ and Issues Transgender Directive
Albany NY — New York Gov. Andrew Cuomo says the state will continue to allow transgender students to use public school bathrooms that match their gender identity after Trump‘s administration reversed a similar federal policy on 22 February 2017. The Democratic governor called the administration’s actions “misguided” and said they seek to move the country backward.
Cuomo issued a directive to state education officials Thursday, 23 February 2017, that he says makes it clear public schools in the state must abide by a state statute protecting students from discrimination, harassment, or bullying based on gender and gender identity.
http://www.lgbtqnation.com/2017/02/new-york-gover…
23.
VIRick | February 24, 2017 at 2:44 pm
Connecticut Governor Orders Protections for Transgender Students
Hartford CT — Gov. Daniel P. Malloy has signed an executive order to ensure transgender students in Connecticut can still use the bathroom or locker room of their gender identity.
On Thursday, 23 February 2017, the Democrat ordered that bathrooms and locker rooms in public schools and institutions of higher education be considered places of public accommodation, therefore making discrimination based on sex or gender identity expression illegal under Connecticut law.
On the same day, state officials also delivered a memo to every public school superintendent outlining Connecticut’s anti-discrimination laws, explaining more formal guidance will be issued soon.
http://www.lgbtqnation.com/2017/02/connecticut-go…
24.
VIRick | February 25, 2017 at 10:39 am
Vermont Reaffirms Transgender Protections
Montpelier VT — Top Vermont officials are reaffirming the state’s policy of protecting the rights of transgender students to use the bathrooms that correspond to their gender identity. In a release issued Friday, 24 February 2017, Republican Gov. Phil Scott, Secretary of Education, and other top officials say the decision by the Trump Administration to back away from an Obama Administration policy on the issue would not change Vermont’s interpretation of the underlying law.
Education Secretary Rebecca Holcombe sent a memo to educators on Thursday, 23 February 2017, saying the state’s guidance on the issue remains in force and the state intends to ensure the safety of the state’s children. Scott, Holcombe and the others say state law protects Vermonters based on sex, sexual orientation, and gender identity.
http://www.lgbtqnation.com/2017/02/vermont-reaffi…
25.
VIRick | February 25, 2017 at 11:18 am
Trump’s Roll-Back of Transgender Rights Causes Worldwide Scare
Dublin — Coming out as a transgender boy brought untold relief to Irish student Lucas Cross. After years of holding it in, he could finally start using the boys’ restrooms at school, because Ireland, like some other parts of the world, doesn’t make a federal issue about where children do their business. As Trump and US courts seek to make transgender use of toilets an American battleground in schools, the more progressive corners of Europe and Latin America are shaking their heads in bewilderment. From Tipperary to Tierra del Fuego, schools let children go to the bathroom that suits their identity, a trend that could be reversed if the bitter US debate travels overseas.
“What happens in the US has a cultural impact here, and it’s scary,” said Catherine Cross, Lucas’ mother, who helps Irish schools nationwide set policies on how to support transgender students. “There’s always going to be people who are frightened of change. It could give them license to shout louder when they see what’s going on in the States.”
The right of transgender students to use restrooms in keeping with their own identity has become an afterthought in Norway and Argentina, where the world’s most far-reaching laws allow children to have their sexual identity reversed on their birth certificates, passports and other official identification without any formal medical diagnosis. Acceptance of identity from age 6 onward is the order of the day.
“When someone changes gender, the corresponding bathroom is respected. If it’s a trans girl, she goes to the girl’s bathroom. If it’s a trans boy, he goes to the boy’s,” said Barbara Magarelli, a gay rights activist in Argentina, where she advocates supports for transgender children, including her own 12-year-old, whose official documents were changed three years ago to reflect her identity as a boy.
In Norway, 10-year-old Anna Thulin-Myge is feeling liberated by a 2016 law that allowed her to be officially redefined as a girl. That means she can use the girls’ toilets and the girls’ locker room for gym. The only special arrangement is that she arrives five minutes ahead of the other girls to change. The nation’s sports federation advises schools and leagues that transgender girls should be allowed to play on girls’ teams, arguing that inclusiveness trumps any concerns about competitive advantages.
http://www.lgbtqnation.com/2017/02/218195/
Not mentioned in the article, but in addition to Argentina, many other jurisdictions in Latin America, like Puerto Rico, Costa Rica, Uruguay, Colombia, Ecuador, Chile, Bolivia, and Perú have also taken some rather progressive steps in favor of transgender rights. In fact, in the latter two, Bolivia and Perú, transgender rights recognition has progressed faster and farther than those for LGBs, a point which also matches with South Asia (Pakistan, India, Nepal, Bangladesh, Thailand).
26.
allan120102 | February 25, 2017 at 3:08 pm
Breaking
Even Though Chihuahua has defacto marriage equality by a decision of the previous governor, Chihuahua has become the 1st state to have surpass its 5 resolution limits. That means that by force the congress will need to vote in favor of a bill to legalize ssm whether they like it or not. If not they will be in contempt for not following a decison of the supreme court.
After five judgments obtained by the Supreme Court of Justice of the Nation (SCJN) in defense of egalitarian marriage, organizations will request to integrate jurisprudence for the right to marriage.
The Congress of Chihuahua will have to legislate the civil code to integrate the figure of equal marriage before the sentences obtained by amparos interposed since 2013.
The next February 28 will be a public act in the Congress of Chihuahua to request to integrate this jurisprudence, pre-making a motorized caravan at 10:20 in the morning and giving a press conference at eleven
Tamaulipas, Sinaloa and Nuevo Leon are the next ones. Btw there is a nice banner in the article that celebrates that Chihuahua has its 5 resolutions. Sad that I cannot paste it in here but you all should check it out. http://entrelineas.com.mx/local/chihuahua-tendra-…
27.
VIRick | February 25, 2017 at 9:12 pm
Chile: Liberal Party Declares for Marriage Equality
Per Partido Liberal de Chile:
Los liberales estamos por el matrimonio igualitario para Chile. En un estado laico no hay razones para discriminar por opciones sexuales.
We liberals are for marriage equality for Chile. In a secular state, there is no reason to discriminate against sexual options.
The Liberal Party of Chile self-describes itself as:
Centro, laico, y reformista, inspirados en los liberales visionarios del siglo XIX, asumimos las causas del siglo XXI.
https://twitter.com/Liberales_Chile
Centrist, secular, and reformist, inspired by the visionary liberals of the 19th century, we assume the causes of the 21st century.
Downside: The Liberal Party has only 1 deputy of 120 in Chile's House, and zero Senators of 38 in Chile's Senate. Their singular deputy represents Arica, Chile's northernmost city, sitting right on the border with Perú. (Ever since Chile legalized civil unions for same-sex couples, couples from Perú have been crossing the border to be "civil unioned" in Arica).
There are 13 different political parties currently holding as least one seat of the 116 occupied in the House (4 are vacant), and 9 political parties currently holding at least one seat of the 36 occupied in the Senate (2 are vacant). President Bachelet's pro-marriage Socialist Party is actually only the third strongest, with 16 Deputies and 6 Senators.
28.
VIRick | February 26, 2017 at 12:08 pm
UK Guidance: Afghan Refugees, Return to Kabul, Pretend to Be Straight
In the UK, new guidance for LGBTQ Afghan asylum applicants issued last month has come under fire from multiple quarters for telling refugees to go back to Kabul and pretend to be straight. The document states: “While space for being openly gay is limited, subject to individual factors, a practising gay man who, on return to Kabul, would not attract or seek to cause public outrage, would not face a real risk of persecution. In the absence of other risk factors, it may be a safe and viable option for a gay man to relocate to Kabul, though individual factors will have to be taken into account.”
Human Rights Watch denounced the guidance as a violation of international law. The United Nations‘ guidelines on refugees say that LGBT people should not be required to change or conceal their identities.
Senior researcher Heather Barr said, “The Home Office’s approach seems to be to tell asylum seekers, ‘Pretend you’re straight, move to Kabul and best of luck.' Living a life where you are forced to lie every day about a key part of your identity, and live in constant fear of being found out and harassed, prosecuted or attacked, is exactly the kind of persecution asylum laws are supposed to prevent.”
Even a note from the UK’s Home Office Afghanistan unit attached to the guidance expresses concern. It says “homosexuality remains wholly taboo” in Afghanistan and stresses that the lack of prosecutions does not reflect increased openness, just increased fear of the law. “There is very little space in Afghan society, in any location, to be an individual that openly identifies as LGBT. Social attitudes and the legal position of homosexuality means that the only option for a homosexual individual, in all but the very rarest of cases, would be to conceal their sexual orientation to avoid punishment.”
http://www.lgbtqnation.com/2017/02/afghan-refugee…
29.
allan120102 | February 26, 2017 at 12:46 pm
Costa Rica is doing amazing progress for the transgender community even better than most states in the USA. Costa Rica has also extend benefits in its civil partnership law giving more rights to lgbt couples.
Government recognizes rights to civil servants
An official of the Ministry of Public Works and Transport (MOPT), who worked in road maintenance, complained in 2013 to Sala IV that he was warned because he was dressed as a woman. In addition, she suffered constant mockery of her companions for being a trans woman.With the reform of the regulations of the Civil Service Statute, which entered into force on Tuesday with the publication in the official newspaper La Gaceta, an employee in the same situation, can wear as a woman, if you wish, and use a female name. In addition, his companions will be sanctioned and could even be fired, in case of making fun of or derogatory comments by their appearance.
These are just some of the changes that the Civil Service included in its regulations, in compliance with an order emanating from executive decree No. 38999, of May, 2015, to eradicate from the public institutions the discrimination towards the lesbian, gay population , Bisexual, transgender and intersexual (LGTBI).
Since the person enters the institution, you must inform Human Resources how you want to be known about your gender identity. This department must provide a card that includes the photograph and the name that the individual wants to be called. You can go dressed according to the gender with which you feel identified.
According to the regulation, sexually diverse persons have the right to express themselves without fear of being mocked, rejected, harassed or harassed of any kind, or that comments, jokes or gossip of any kind are issued. Their identity must be recognized by calling them by the name they chose.
More changes. Another of the reforms included is the obligation of the headquarters to grant leave for up to one week with pay, in the cases of death of the couple of the person, as long as this proves the public coexistence and notorious.
"Before that, same-sex couples did not enjoy this benefit, they had to ask for vacations or a leave without salary. Now the headquarters have the legal possibility of granting that license. Care for the partner in cases of illness, convalescence or medical treatment, before could not, "said Stone.
The 125,000 employees of the 47 public institutions covered by the Civil Service Regime are obliged to abide by the regulations. The Ministry of Public Education (MEP), the Ministry of Finance, the Ministry of Security (in the administrative area) and the Ministry of Health are just some of the institutions that must comply with the provision.
For Marco Castillo, president of the Diversity Movement, this is a further achievement in the recognition of the rights of the LGTBI community; He regretted that this was not implemented in private companies. Castillo said a few days ago that he considered that the government of President Luis Guillermo Solis fulfilled the commitments he had made to eradicate discrimination on the basis of gender diversity. http://www.nacion.com/nacional/Gobierno-reconoce-…
30.
VIRick | February 27, 2017 at 1:23 am
Allan, here's a re-worked and re-arranged translation of the same information:
Costa Rica Extends Transgender Rights/Leave Time to Civil Servants
The Government of Costa Rica has recognized the following rights of civil servants as a result of a number of changes which have now been included in the Civil Service regulations, in compliance with an order emanating from Executive Decree No. 38999 of May 2015, whose aim is to eradicate discrimination from all public institutions directed toward members of the LGBTI community.
In 2013, an official with the Ministry of Public Works and Transport (MOPT), who worked in road maintenance, filed a legal complaint with Sala IV of the Supreme Court that they had been warned because they were dressed as a woman. In addition, they suffered constant mockery by their companions for being a trans woman.
With the reform of the regulations of the Civil Service Statute, which entered into force on Tuesday, 7 February 2017, with its publication in the official newspaper, La Gaceta, an employee in the same situation, can dress as a woman, if desired, and use a female name. In addition, their companions will be sanctioned, and could even be fired, for ridiculing or making derogatory comments regarding their appearance. Upon entering a civil service position, the employee must inform Human Resources how they want to be known regarding their gender identity. The department must provide a card that includes the photograph and the name that the individual wants to be called. One can go dressed according to the gender to which one identifies.
Another reform included is the obligation of the governmental department to grant leave with pay for up to one week in cases involving the death of the de-facto spouse of the Civil Service employee. Previously, same-sex couples did not enjoy this benefit. They had to ask for vacation time or leave without pay. This same governmental obligation now also applies for Civil Service employees in cases of illness, convalescence, or medical treatment of their de-facto spouse.
The Ministry of Public Education (MEP), the Ministry of Finance, the Ministry of Security (in the administrative area), and the Ministry of Health are just some of the departments that must comply with these provisions, and which include all of the 125,000 employees of the 47 public, governmental departments and institutions covered by the Civil Service Regime.
http://www.nacion.com/nacional/Gobierno-reconoce-…
Basically put, although it is extremely difficult to translate properly, Costa Rica recognizes de-facto civil unions for couples who have been together in a stable relationship for three years or more, whether they be same-sex or opposite sex.
In English, this is what the arcanely-written, jaw-twisting law states:
“The right to recognition without discrimination contrary to human dignity, social and economic effects of domestic partnerships that constitute publicly, notoriously unique and stable, with legal capacity for marriage for more than three years.”
31.
allan120102 | February 26, 2017 at 12:52 pm
Veracruz by executive order legalize same sex marriage but after revolts from the family foundation the governor rescind the order…… This group is the same one have help measures fail in Durango, in SLP and they tried to do the same in Morelos.
fter the protests of Catholic groups, Governor Miguel Angel Yunes Linares finally decided to abrogate the Decree by which a new Marriage Letter was issued in the state of Veracruz.
Through the Official Gazette of the extraordinary state number 080 of Friday, February 24, it is established:
"This Decree repeals the Decree that issues the Marriage Charter of the State of Veracruz, published on February 20, two thousand and seventeen in the extraordinary number 072 of the Official Gazette, with the Veracruzan Marriage Charter, published under number 175, of Twenty-eight of July of two thousand six. "
The determination is generated after groups such as the "Yes, Yes, Family" Movement protested because the marriage letter did not specify the union of a man and a woman, but of two people (without determining sex), Which opened a window on so-called egalitarian marriages.
It is worth remembering that Arturo Segovia Flores, from the organization "Sí vida. Yes family A.C. "had affirmed that the new Marriage Charter in the state of Veracruz favors egalitarian marriages.
In this regard, he indicated that "the natural family that shaped our society, the one of hundreds of thousands of Veracruz, is overwhelmed and surprised at a stroke from the Ministry of Government with the legal advisors of the State Government represented by Miguel Angel Yunes Linares.
"He did not even come out of some clueless or misinformed group. It came out as a "decree," from the Government Palace. "
The decree, now repealed, was published in the Official Gazette of the State on Monday, February 20 and contains the "Marriage Letter" to be read by the representative authority of the State Government at the end of the ceremony to celebrate the solemn act of civil marriage.
In that sense, Arturo Segovia accuses the Decree of defining marriage as "the union of two persons, not a man and a woman, who coexist to realize the essential purposes of the family as a social and civil institution, which must be held before The officials that the law establishes and with the formalities that it demands ".
With this, he affirms, "following a policy emanated from perredismo, in the style of the city of Mexico, is recognizing to what ignorantly call egalitarian marriage without that the civil legislation in force for the State of Veracruz allows it".
He commented that they will require the position of the local legislators regarding this decree that "confuses the Veracruz society".
Finally, the reason for the annoyance of Catholics has already been abrogated, so that next Monday, February 27, the Civil Registry officials of the state of Veracruz will read again the "Marriage Letter Veracruz" that was established for 11 years . http://sociedadtrespuntocero.com/2017/02/solo-dur…
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VIRick | February 27, 2017 at 6:40 pm
Veracruz: State Congress to Consider Marriage Equality Proposal
Xalapa, Veracruz – Será en el segundo periodo de sesiones cuando los diputados locales puedan dictaminar y discutir la ley de matrimonios igualitarios para el Estado, informó el presidente de la Junta de Coordinación Política del Congreso estatal, Sergio Hernández Hernández.
En entrevista, el diputado del PAN rechazó que la derogación de la Carta Matrimonial, ya publicada en la Gaceta Oficial del Estado, apenas cinco días después, fuera a consecuencia de la presion de grupos católicos quienes amagaron con realizar una movilización. En ese sentido, aseguró que no habrá presión en la legislatura para cuando se analice el tema de los matrimonios igualitarios para Veracruz.
La Comisión de Equidad de Género, a cargo de la diputada Teresa Zuccouloto Feito, otra panista, está dialogando con los distintos sectores involucrados en atraer esta ley de convivencia y matrimonio igualitario a Veracruz. Consideró que será en el segundo periodo de sesiones que inicia en Mayo cuando la ingresen a la agenda legislativa.
http://elheraldodeveracruz.com.mx/noticias-princi…
Xalapa, Veracruz – According to the president of the Political Coordination Board of the State Congress, Sergio Hernández Hernández, it will be during the second session when local deputies can draft and discuss the law on marriage equality for Veracruz.
In an interview, the PAN deputy rejected the idea that the quick repeal, just five days later, of the Marriage Letter, already published in the Official Gazette of the State, was the consequence of the pressure of Catholic groups who threatened to carry out a mobilization. In that sense, he further assured that there will be no pressure in the legislature for when the subject of marriage equality for Veracruz is analyzed.
The Gender Equity Commission, headed by PAN Congresswoman Teresa Zuccouloto Feito, is in dialogue with the different sectors involved in drawing up the law on cohabitation and marriage equality for Veracruz. Hernández stated that it will be during the second session, which begins in May, when it will enter the legislative agenda.
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VIRick | February 26, 2017 at 1:38 pm
Venezuela: New President of TSJ Announced, Justice Maikel José Moreno Pérez
Venezuela: Anunció el Nuevo Presidente del TSJ, Magistrado Maikel José Moreno Pérez
Las Magistradas y Magistrados que integran la Sala Plena del Tribunal Supremo de Justicia eligieron este viernes, 24 de febrero 2017, por unanimidad, como nuevo presidente del Alto Juzgado al magistrado Maikel José Moreno Pérez, quien anunció que junto al resto de los Poderes Públicos asumirá un ataque frontal contra la corrupción y la impunidad.
Moreno Pérez, quien seguirá al frente de la Sala de Casación Penal dio a conocer el resto de las autoridades que le acompañarán en el TSJ, con la Magistrada Indira Alfonzo Izaguirre, como primera vice-presidenta y presidenta de la Sala Electoral; y como segundo vice-presidente asume el Magistrado Juan José Mendoza Jover, quien presidirá a partir de hoy la Sala Constitucional.
http://www.tsj.gob.ve/-/ataque-frontal-contra-la-…
This past Friday, 24 February 2017, the Justices who make up the Full Court of the Supreme Court of Justice unanimously chose as the new president of the High Court, Justice Maikel José Moreno Pérez, who announced that along with the rest of his Public Powers that he will assume a frontal attack against corruption and impunity.
Moreno Pérez, who will continue to lead the Criminal Cassation Court, announced the rest of the authorities who will accompany him in the TSJ, with Justice Indira Alfonzo Izaguirre, as the first vice-president and president of the Electoral Court; and as the second vice-president, the Justice Juan José Mendoza Jover, who from today will preside over the Constitutional Court.
With the same-sex marriage case still pending before the Constitutional Court, we definitely need to continue paying attention to its composition.
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VIRick | February 26, 2017 at 2:52 pm
Apparent HRC Ad on Grindr Targets CPAC Attendees
Men using Grindr at the Conservative Political Action Conference (CPAC) this weekend may have seen a geo-specific ad purchased by HRC. The CPAC is a large annual conference for conservatives, and is being held in the Washington DC suburb of Oxon Hill MD. The CPAC’s general attitude towards LGBT rights is not at all positive.
The ad, which has been running in the DC area this weekend on Grindr, a popular gay hook-up app, and apparently sponsored by the Human Rights Campaign, states, “You can’t be with us in the hotel room and against us in the CPAC ballroom.”
As a further reminder regarding the history of Republican duplicity and hypocrisy, last year, Grindr noted that usage increased in Cleveland around the Quicken Loans Arena during the weekend that the Republican National Convention was held there. During that interval, its typical user also tended to be whiter: “When comparing Quicken Loans visitors to the Grindr community at large, the biggest trend was over-representation of white males. White men normally comprise only 40 percent of the Grindr community, but represented 75 percent of a much larger number of visitors during the RNC.”
http://www.lgbtqnation.com/2017/02/apparent-hrc-a…
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VIRick | February 27, 2017 at 4:32 pm
California: Former Police Officer Sues Department over Discrimination, Abuse, Retaliation
A former officer and Army intelligence analyst is suing the Elk Grove Police Department in California, alleging discrimination based on his sexual orientation. Jeremy LeMire said that during his background interview with the police department, it came out that LeMire was openly gay. His resume noted all the places he had been during his military duty and who had accompanied him to each of those postings, a former boyfriend.
LeMire said a sergeant told him, “We don’t have one of you in this department,” reports "The Sacramento Bee." LeMire said his saying this was a "red flag.” While he was hired, it began a nearly two year period of harassment, which when reported to higher-ups resulted in retaliation, he claims.
The lawsuit, filed on 13 January 2017, and announced by LeMire’s lawyer earlier this month, alleges that the verbal abuse occurred at the station house, in changing rooms, at crime scenes, and during investigations. LeMire was fired on 25 February 2016, two weeks before he would have completed his probationary hire status.
This lawsuit is scheduled for a case management conference at the Sacramento Superior Court in September.
http://www.lgbtqnation.com/2017/02/former-officer…
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VIRick | February 27, 2017 at 7:12 pm
Querétaro: Santiago de Querétaro Continues to Respect Marriage Equality
Reitera Marcos Aguilar que se Respetará Matrimonio Igualitario durante su Administración
En 27 de febrero 2017, en el inicio de los festejos por el Día de la Familia, el alcalde de Santiago de Querétaro, Marcos Aguilar Vega, reiteró que el municipio es respetuoso de los matrimonios igualitarios, a pesar de que la Legislatura sigue sin reformar el Código Civil.
Aguilar Vega afirmó que el artículo primero de la Constitución Mexicana establece “la libertad que tienen todos los habitantes para realizar actos de registro civil de esta naturaleza, y nosotros no nos oponemos. Este gobierno municipal ha demostrado claramente no solicitar requisitos más allá de lo que el marco jurídico y la constitución establecen”.
Aguilar Vega explicó que Querétaro ha sido congruente y respetuoso con la determinación de la Suprema Corte de Justicia de la Nación (SCJN) sobre el reconocimiento de los matrimonios igualitarios, por lo que en el municipio se han celebrado matrimonios de este tipo. “Hemos sido respetuosos de lo que la norma constitucional establece”, aseguró.
https://codiceinformativo.com/2017/02/reitera-mar…
Marcos Aguilar Reiterates that Marriage Equality Will Be Respected during His Administration
On 27 February 2017, at the beginning of the festivities for Family Day, the mayor of Santiago de Querétaro, Marcos Aguilar Vega, reiterated that the municipality is respectful of egalitarian marriages, despite the fact that the state Legislature still has not reformed the Civil Code.
Aguilar Vega affirmed that the first article of the Mexican Constitution establishes "the freedom that all the inhabitants have of performing acts of this type before the civil registry, and we are not opposed to it. This municipal government has clearly demonstrated that it will not request requirements beyond what the legal framework of the constitution establishes."
Aguilar Vega explained that Querétaro has been congruent with and respectful of the determination of the Supreme Court of Justice (SCJN) on the recognition of marriage equality, and the reason why this municipality has celebrated marriages of this type. "We have been respectful of what the constitutional norm establishes," he said.
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scream4ever | February 27, 2017 at 9:18 pm
This is likely a good sign regarding how they will rule in this case:
http://www.ontopmag.com/article/27012/Supreme_Cou…
The Supreme Court last week rebuked three anti-LGBT groups for misgendering Gavin Grimm, the transgender teen at the center of the transgender bathroom access debate.
Grimm is the Gloucester High School senior who is challenging his school district's policy that prohibits transgender students such as himself from using the bathroom of their choice. The Supreme Court is expected to hear arguments in the case on March 28.
Three briefs in the case filed in support of the school district – one filed by Liberty Counsel and two filed by the National Organization for Marriage together with the Center for Constitutional Jurisprudence – incorrectly used a female pronoun to refer to Grimm in their front page captions, altering “his” to “her.”
Liberty Counsel confirmed that it had not made a mistake.
“Gavin Grimm is a biological girl who now says she subjectively 'identifies' as a 'boy,'” the group told Slate.
In letters to the groups from the Office of the Clerk, the court informed the groups that they had violated Rule 34 of the Rules of the Supreme Court, which requires that each brief “shall bear on its cover … the caption of the case as appropriate in this Court.”
“Please ensure careful compliance with this requirement in this and other cases in the future,” Clerk Scott S. Harris wrote.
Slate noted that these groups were “so eager to deny Grimm this basic dignity that they intentionally flouted the rules of the Supreme Court of the United States. It is difficult to imagine a justice citing anything these groups' briefs say – even those who vote against Grimm.”
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davepCA | February 27, 2017 at 9:34 pm
Excellent.
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Fortguy | February 27, 2017 at 11:14 pm
The HERO haters are targeting Houston again. A challenge to the city's benefits policy recognizing same-sex partners of municipal employees will proceed to the state Supreme Court with the hope on the part of the haters that the case will eventually be heard by SCOTUS.
Alexa Ura, The Texas Tribune: Texas Supreme Court to take up same-sex marriage case
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Elihu_Bystander | February 28, 2017 at 4:31 am
Is anyone questioning whether the two tax paying citizens have standing to bring suit against the City of Houston. I do not believe the plaintiffs can show concrete harm.
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Fortguy | February 27, 2017 at 11:21 pm
Three LGBT-affirming congregations are expelled from the Baptist General Convention of Texas:
Ken Camp, The Baptist Standard: BGCT board votes to remove three churches
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Elihu_Bystander | February 28, 2017 at 4:13 am
I believe Ken Camp, manageing editor, did a very fair account–presenting both sides of the question. How to treat LGBT persons is a struggle that all Christian denominations are going to struggle with including my own Roman Catholic Church.
Is it not interesting that even in the Baptist Convention that the push back comes from the hierarchy of the convention? The congregations and their pastors who are working with the real people have come to a different conclusion on how to be like Jesus by welcoming disenfranchised and marginalized persons.
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ERP_Tom | April 3, 2017 at 6:55 am
Gloucester might be something important. Yet, you may need to look to sac county ia if you are fighting against the addiction.