U.S. Marine charged with murder of transwoman in Philippines

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Prosecutors in the Phillipine Islands today (Monday, Dec. 15) charged a U.S. Marine in the October murder of a transwoman.

According to the Associated Press, Prosecutor Emilie de los Santos found “probable cause” that Marine Pfc. Joseph Scott Pemberton attacked Jennifer Laude after learning she was trans. He has been in custody since shortly after the October incident.

“It’s murder,” de los Santos said after filing the charge against the 19-year-old Pemberton. “It was aggravated by treachery, abuse of superior strength and cruelty.”

Pemberton will not be allowed to post bail, she said. Murder is punishable by up to 40 years in jail, reported The Guardian.

“This is not an ordinary murder. This is heinous because she was beaten up,” the Laude family lawyer, Harry Roque, told reporters.

Pemberton and friends met Laude and other woman the night of the murder. According to witnesses, Pemberton and Laude checked into a motel, and Pemberton fled after he killed Laude.

Marine Lance Corporal Jairn Michael Rose was among those with Pemberton that night. He told prosecutors Pemberton admitted to the murder back at their ship.

“I think I killed a he/she,” Pemberton said, according to Rose.

The incident reignited a debate between the Philippines and the United States regarding custody of U.S. military personnel accused of crimes in the Phillipines. U.S. officials evenutally agreed to move Pemberton from custody aboard a U.S. Navy vessel into the custody of Phillipino officials.

The case is a haunting reminder to transgender activists of the case of  U.S. Marine Lance Cpl. Daniel Smith, who was sentenced to 40 years in jail in 2006 after being found guilty of raping a transwoman. He was, however, acquitted in 2009 after his accuser recanted her statement.

—  James Russell

Texas Voter ID law ruled unconstitutional. Here’s a breakdown on its impact.

vote-buttonA federal district judge on Friday, Oct. 10, struck down Texas’ voter photo identification law, just 10 days before early voting in the state is to begin.

In her 140-plus-page decision, federal Judge Nelva Gonzales Ramos called the law “a poll tax” and “discriminatory”  against African-Americans and Hispanics.

Texas Attorney General Greg Abbott immediately appealed the decision, urging the Fifth Circuit to “resolve this matter quickly to avoid voter confusion in the upcoming election,” said Lauren Bean, a spokeswoman for the AG’s office.

Explaining his appeal, Abbott said he believed the sudden ruling could confuse voters and burden election administrators. “Voters need certainty when they go to the polls and having this decision come out just 10 days before early voting begins injects uncertainty so I’m asking a court of appeals to decide this before early voting begins a week from Monday,” he told KXAN.

In the meantime, the law’s opponents praised the decision.

“Now we must redouble our efforts to restore the Voting Rights Act and to ensure that every LGBTQ voter gets the opportunity to vote at the upcoming election,” said the Rev. Darlene Nipper, deputy executive director of National LGBTQ Task Force.

Texas state. Sen. Wendy Davis, who is running against Abbott for governor, blasted Abbott’s appeal. “This is great news for democracy. I call on Attorney General Greg Abbott to drop his defense of a law that a court has now called a ‘poll tax’ and ‘discriminatory’ against African-Americans and Hispanics.”

U.S. Rep. Marc Veasey, D-Fort Worth and a plaintiff in the lawsuit, agreed. “Abbott should do what’s best for all Texans instead of pushing his discriminatory political agenda that would disenfranchise eligible voters.”

While the judge believes the law discriminates against African-Americans and Hispanics, the ruling impacts the transgender community as well.

According to the Williams Institute, a LGBT policy think tank, of the 25,000 eligible transgender voters in Texas, around 6,800, or 27%, do not have updated voter ID records.

Should the ruling be upheld, said Nell Gaither of the Trans Pride Initiative, “It makes it easier for transpeople to vote.” But she added that the transgender community still faces barriers most other voters do not.

Texas does not have a statewide law accommodating people who have transitioned from one gender to another; voters or would-be voters must rely on their county laws.

Chad Dunn, an attorney who represented the plaintiffs, told the Lone Star Project he believes Abbott will appeal to the Fifth Circuit and likely ask for the U.S. Supreme Court’s final say.

“To my knowledge, a law found to be intentionally discriminatory, after a full trial on the merits, has never been allowed to remain in effect,” Dunn said.

—  James Russell

All female California college changes policy to allow trans students

Mills_Hall_(Oakland,_CA)Mills College, a women’s liberal arts college in Oakland, Calif., recently amended its undergraduate admissions policy to allow transgender students to enroll. Following a unanimous vote in favor of the policy by the school’s trustees in May, the undergraduate admissions policy went into effect today, the school’s first day of classes.

The historically progressive women’s college is the only of the country’s 119 single-sex colleges to have a codified policy, according to the San Francisco Chronicle.

The policy amendments only impact applicants and students in the undergraduate program. Its graduate programs are co-educational.

Under the new policy applicants may now include self-identified females as well as those who identify as gender-fluid but were born female. Applicants who were assigned female at birth but have legally become male are not allowed to apply to the undergraduate program. The amendments also now allow current students who transitioned after enrolling to graduate.

“Of the roughly 1,000 undergraduates at Mills, three to five each year are transgender or identify as something other than the gender they were assigned at birth,” Brian O’Rourke, vice president of enrollment and admissions, told the Chronicle.

Incoming student body president Skylar Crownover, who identifies as male, said it was always understood at Mills, but not codified. “Mills has the most open policy with regards to trans students” he said.

 

 

—  James Russell

BREAKING NEWS: HERO petition rejected but city will delay implementation

Parker.AnniseThe Houston Equal Rights Ordinance will not appear on the November ballot, Mayor Annise Parker announced at a press conference today.

“The petition is simply invalid,” said David Feldman, the city’s attorney.

Officials said there were too many irregularities in the petition. Some of the pages weren’t notarized, and too many of the signatures were not registered voters, they said. Feldman said, essentially, that there were so many problems with the petition as it was submitted that the city couldn’t accept it.

Mayor Annise Parker predicted that opponents will take legal action. Because of expected legal action, she will then delay implementation of the ordinance.

The petition was submitted by opponents of the ordinance, which added protections for the LGBT and other communities.

The decision came as proponents of the ordinance questioned the legitimacy and tactics of the petition drive lead by opponents, putting in to doubt whether or not the drive would succeed.

Late last week, an anonymous group published the names of the signatories, calling for transparency and independent reviews of each signature. Among the names found by this reporter are State Rep. Dwayne Bohac and Ryan Patrick, the son of Republican lieutenant governor nominee and state Senator Dan Patrick.

Under state law, petitions submitted to government agencies are public record.

—  James Russell

BREAKING: Obama will sign executive order banning discrimination

Barack ObamaPresident Obama announced today he will sign an executive order on Monday that bars federal contractors from discriminating against employees based on their sexual orientation or gender identity. The president said last month that he planned to sign the two orders.

The announcement follows the recent collapse of the Employment Non-Discrimination Act — ENDA — in Congress. LGBT groups withdrew their support for the bill in opposition to its sweeping religious exemptions, which many feared would basically gut protections  following the Supreme Court’s Hobby Lobby decision. The Huffington Post’s Gay Voices editor-at-large Michelangelo Signorile has more on the collapse here.

UCLA School of Law’s Williams Institute’s research suggests that up to 34 million employees, or one fifth of the national workforce, will be included.

Senior White Officials noted that President Obama will not include exemptions for contractors based on their religious beliefs, as many activists initially feared. But he will keep intact an amendment signed by George W. Bush in 2002 allowing religiously affiliated contractors to discriminate on the basis of religion.

—  James Russell

Transgender news briefs

Trans woman murdered in Baltimore

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Mia Henderson

Baltimore City Police announced July 16 that they are investigating the murder of trans woman Mia Henderson, sister of NBA player Reggie Bullock. Henderson, 26, is at least the second trans woman killed in Baltimore in as many months. According to a press release from the National Gay and Lesbian Task Force, her murder is “the latest in a string of Baltimore area homicides in the last two months in which transgender women have been killed.”

Baltimore police Investigators said officers serving a warrant just before 6 a.m. in the 3400 block of Piedmont Avenue found Henderson’s body in an alley. They said the victim had “suffered severe trauma.”

Police said it was too early to tell if the case is related to a similar one a month ago in which another transgender woman was killed. The body of 40-year-old Ricky Hall, known as Kandy, was found stabbed on June 4 in a field near Coldstream Park Elementary-Middle School in northeast Baltimore, according to reports by WBALTV News 11.

 

USDA adopts trans protections

The U.S. Department of Agriculture has added gender identity protections to its federal nondiscrimination regulations regarding programs or activities conducted by the department. This makes USDA is the first federal agency to issue regulations banning gender identity discrimination in all activities conducted by any employee of the department, according to an NGLTF press release issued today.

“Fifteen years ago, the USDA paved the way on federal rights for LGBT people by becoming the first agency to add sexual orientation nondiscrimination protections. Yesterday, the USDA once again demonstrated their leadership and commitment to equality by extending nondiscrimination protections to transgender people in every program the department operates,” NGLTF Executive Director Rea Carey said.

 

Report: Nearly two-thirds of Massachusetts trans people suffer discrimination

The Fenway Institute and Massachusetts Transgender Political Coalition have released their Project VOICE report on transgender discrimination in public accommodations, which found that nearly two-thirds of trans residents of Massachusetts have experienced discrimination in a public accommodation setting in the last 12 years. Those experiencing discrimination were nearly twice as likely to report adverse physical and mental health outcomes, the report indicated.

The state’s Gender Identity Nondiscrimination Act, passed in 2011 and implemented in 2012, does not cover public accommodations.

Other findings reported in the study include:

• Overall, 65 percent of respondents reported discrimination in one or more public accommodation settings in the past 12 months.

• The five most prevalent settings in which discrimination was experienced were transportation (36 percent), retail (28 percent), restaurants (26 percent), public gatherings (25 percent) and health care facilities/services (24 percent).

• Those reported incidences of discrimination had an 84 percent increased risk of adverse physical symptoms, such as headaches, upset stomach or pounding heart, in the last 30 days and 99 percent increased risk of emotional symptoms in the past 30 days.

• 28 percent of respondents reported they had not seen a doctor in the last year.

• 29 percent reported having to teach their health care provider about transgender health issues in the last year.

The Massachusetts Legislature is currently considering passage of the Equal Access Bill, which would improve access to public accommodations for trans people there.

Download a copy of the complete report here.

 

European Court of Human Rights rules against trans woman in marriage case

The European Court of Human Rights has ruled that the country of Finland did not violate the human rights of a trans woman by requiring that her marriage be downgraded to a registered partnership in order for her to be legally recognized as a woman.

Before gender reassignment surgery, Ms. Hamalainen had married a woman, and Finnish authorities argued that legally recognizing her gender as female without ending her marriage would result in a same-sex marriage, which is not allowed under Finnish law.

Evelyne Paradis, executive director of ILGA-Europe, said: “The Finnish authorities argued and the European Court agreed that Ms Hamalainen’s family did not suffer disproportionately by their marriage being downgraded to a registered partnership as a registered partnership is almost identical to marriage in terms of rights and protections. Nevertheless, the court missed an important opportunity to condemn humiliating and discriminatory practices across Europe requiring trans people to end their existing marriage to obtain legal gender recognition.”

Trans people must end existing marriages to partners of the same-gender as they are post-transition to obtain legal gender recognition in 32 of 49 European countries.

—  Tammye Nash

Obama to sign order banning anti-trans discrimination

President Obama announced earlier this month that he intends to sign an executive order banning federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity. Today, according to Politico.com, he President Obamaended National Gay Pride Month by announcing that the White House is also preparing an executive order banning job discrimination among federal employees on the basis of gender identity.

The president mentioned the second executive order during a Pride Month reception at the White House. Spokesman Shin Inouye said Monday he had no details on the second executive order.

—  Tammye Nash

Lumberton ISD suspends trans teacher after parents complain her gender identity is a ‘distraction’

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A substitute teacher was told this week she shouldn’t return to the fifth grade class she was teaching in after parents complained about her being transgender.

Laura Jane Klug was subbing at Lumberton Intermediate School, but told local news affiliate KBMT 12 News that she was told not to return after some of the students’ parents contacted the school.

Lumberton is a city north of Beaumont.

Klug met with a representative of Lumberton Independent School District’s Human Resources and Superintendent John Valastro Tuesday afternoon. The school board will discuss allowing Klug to return to substituting at its meeting Thursday.

Klug said they suspended her pending a decision by the school board on whether to continue using her as a substitute teacher.

It’s unclear how her gender identity became an issue. Klug said she’s never discussed it in front of students and has always done her job well without any previous complaints.

“I have always conducted myself in a professional manner and would never discuss my gender identity in school,” Klug said.

But some parents are now uncomfortable with her teaching their students.

Roger Beard, whose son was in the class Klug was subbing, said he thinks having a trans teacher to young students is “a very big distraction.”

“If it does affect my child and his ability to learn or if it causes questions that I don’t feel are appropriate then undoubtedly there’s an issue with having somebody transgender, transsexual or transvestite, to be teaching that age group,” Beard said.

Lumberton ISD doesn’t include LGBT protections in its Equal Employment Opportunity policy, but it does include sexual orientation and gender identity in a policy related to career and technical programs. However, in a federal 2012 ruling, it was determined that gender identity was considered discrimination on the basis of sex.

Watch the news report below.

—  Dallasvoice

Employees’ Retirement Fund board takes up city of Dallas pensions

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The board of trustees for the city’s Employees’ Retirement Fund brainstormed ideas Tuesday morning about the best approach to make the pension plan equal for LGBT retirees.

The Dallas City Council passed a comprehensive equality resolution last month directing the city manager to evaluate areas in city employment where disparities for LGBT employees exist. Among them, were the pension plans.

Under the current plan, opposite-sex spouses receive lifetime benefits when their spouses die, but same-sex spouses are treated as designees, and their benefits run out after 10 years.

The ERF board spent half an hour discussing the resolution, as well as the state’s constitutional marriage amendment and the Texas Family Code, both of which prevent the state from recognizing same-sex marriages.

—  Dallasvoice

University of Houston student Senate introduces bill to help trans community

Screen shot 2014-04-03 at 12.19.48 PMStudents at the University of Houston are considering a bill to help transgender students and staff better identify themselves as their gender identity on campus.

The bill, the Josephine Tittsworth Act, was introduced by the student Senate Wednesday and calls upon the university to “fulfill its existing nondiscrimination policy (of the UH Student Handbook)” in regards to LGBT students, the student newspaper The Daily Cougar reports.

The bill seeks to acknowledge that “gender expression is the external characteristics presented by an individual such as masculine or feminine features displayed in mannerisms, speech, social environments or attire,” and to formally acknowledge “the terms, gender identity and gender expression represented trans, transgender and gender-nonconforming students, faculty and staff” on all University documentation.

It would allow students to have their preferred name on rosters and other university documents.

“Honestly, this is a freedom of speech issue. It allows people to choose which box to check. Over the past few weeks, people had unfortunately misinterpreted (the bill). This bill is about respect and tolerance on this campus,” newly elected student body President Charles Haston told the paper.

The bill comes a few months after the student government at the University of Houston-Downtown approved gender-neutral restrooms.

UH students at the meeting Wednesday explained the bill would help address students who go by a name associated with their gender identity only to be outed as trans when the professor calls roll, revealing their legal name.

The bill cites “high rates of harassment, physical violence and sexual assaults” as a result of failing to acknowledge trans and gender-nonconforming identities.

“This bill will translate into people being open with their identity,” said Tanzeem Chowdhury, former undergraduate-at-large senator.

“I think it would create a safer campus. Currently, UH is the second-most diverse campus in the nation. We’re always making progress in acceptance, and this would be a strong move forward — it would create a safer campus not only for members of the LGBT community, but for the entire student body.”

A town hall meeting to discuss the act will be at 5:30 p.m. on Wednesday.

—  Dallasvoice