Indiana AG Todd Rokita files appeal on injunction of transgender sports ban law

Caroline Beck – Indianapolis Star

TAG: House Bill 1024

Indiana Attorney General Todd Rokita announced on Thursday that he filed an appeal of a district court’s preliminary injunction that blocked enforcement of Indiana’s transgender sports ban.

Rokita filed his appeal on Tuesday with the U.S. Court of Appeals for the Seventh Circuit saying that House Bill 1041 does not violate Title IX protections, which he says only mentions protections of “sex” and not “gender identity.”

“And in prohibiting ‘discrimination’ and exclusion from activities on the ‘basis of sex,’ Congress did not require schools to blind themselves to sex-based differences that affect athletic performance and safety,” reads the appeal.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction in July which allowed a 10-year-old girl at the heart of the legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

Rokita said in an emailed statement that allowing transgender athletes to compete alongside cis-gender female student-athletes is an “assault on girls’ equality of opportunity and even their physical safety.”

“Males possess certain physiological advantages that make them faster and stronger,” Rokita said. “And it’s unconscionable to ignore these scientific realities. The Left must stop sacrificing women’s well-being on the altar of transgender woke-ism.”

The American Civil Liberties Union of Indiana is who filed the original lawsuit against the Indianapolis Public School district which is where the 10-year-old’s softball team is located.

The ACLU of Indiana declined IndyStar’s request for comment on Thursday.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became law. On the Statehouse floor, she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect in July.

Advocates for the LGBTQ community have criticized the law, saying it is discriminatory and could further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

IndyStar reporter Johnny Magdaleno contributed to this reporting.

Reference: https://www.indystar.com/story/news/2022/09/08/todd-rokita-files-appeal-on-injunction-of-transgender-sports-law/66846636007/

Continue ReadingIndiana AG Todd Rokita files appeal on injunction of transgender sports ban law

Indianapolis man sentenced in 2020 murder of transgender woman

Author: WTHR.com staff

According to the Marion County Prosecutor’s Office, 39-year-old Sara Blackwood was walking home from work on the city’s near east side when she was shot and killed.

INDIANAPOLIS — An Indianapolis man was sentenced to 55 years for the murder of a transgender woman in October 2020 on the city’s near east side.

According to the Marion County Prosecutor’s Office, 39-year-old Sara Blackwood was walking home from work on Oct. 11, 2020, in the 2600 block of East Washington Street, near North Rural Street, when she was shot and killed. She was taken to the hospital but died from her injuries.

Investigators identified Johnny Viverette as a suspect based on video footage from nearby businesses. IMPD arrested Viverette less than one month after the shooting.

After pleading guilty to murder, Viverette received a 55-year sentence with 45 years in the Indiana Department of Correction, followed by two years of probation.

“Sara Blackwood’s life was tragically cut short while simply walking home from work. She was beloved by coworkers and friends for her thoughtful and curious spirit,” Marion County Prosecutor Ryan Mears said. “We hope that this resolution brings closure to Sara Blackwood’s family, friends and all those affected by her death.”

People experiencing fear, trauma and other concerns as a result of this incident are encouraged to seek assistance.

In Indianapolis, Gender Nexus and Indiana Youth Group, for people 21 and under, provide support services to the local community.

For immediate assistance, the national 24/7 hotlines are available through the Trans Lifeline (1-877-565-8860) and the Trevor Lifeline for people 25 years old and under (1-866-488-7386 or text the word START to 678678).

Reference: https://www.wthr.com/article/news/crime/indianapolis-man-sentenced-55-years-murder-transgender-woman-sara-blackwood/531-60bf7375-1957-441b-ac38-f228d91562e7

Continue ReadingIndianapolis man sentenced in 2020 murder of transgender woman

Judge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

Johnny Magdaleno – Indianapolis Star

A federal judge has ordered that Indianapolis Public Schools must allow a 10-year-old girl at the heart of a legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction Tuesday in response to a lawsuit against IPS filed by the girl in federal court in May.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

A spokesperson for IPS told IndyStar it will comply with the court’s order.

“We will continue to support our students, including our transgender students, with the same care and attention we’ve demonstrated prior to the passage of (the law) and the filing of the current lawsuit,” the spokesperson said in a statement.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

In a Tuesday statement the ACLU of Indiana’s legal director Ken Falk said the legal organization was “pleased” by the decision. They filed the lawsuit on behalf of A.M.

When misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people – on the basis of sex,” Falk said.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became the law. On the Statehouse floor she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Advocates for the LGBTQ community criticized the law, saying it would further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect earlier this month.

Magnus-Stinson wrote Tuesday that she was granting the preliminary injunction because A.M. “has a likelihood ofsucceeding on the merits of her claim” that the state law violates her civil rights guaranteed under federal law. She also said there wasn’t evidence the public would experience harm if she issued an injunction.

A.M.’s lawsuit challenging the law is ongoing.

IndyStar reporter Arika Herron contributed.

Reference: https://www.indystar.com/story/news/education/2022/07/26/indiana-transgender-sports-ban-judge-says-girl-can-rejoin-softball/65383081007/

Continue ReadingJudge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

House Bill 1041 – Indiana General Assembly 2022 Session

House Bill 1041 – Indiana General Assembly 2022 Session

01/04/2022 Authored by Representative Michelle Davis

Co-Authored by Rep. Chris Jeter, Rep. Joanna King, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jean Leising, Sen. Jack Sandlin, Sen. Dennis Kruse, Sen. Gary Byrne, Sen. Blake Doriot, Sen. Michael Young.

Digest
Participation in school sports. Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, and certain athletic associations to expressly designate an athletic team or sport as one of the following: (1) A male, men’s, or boys’ team or sport. (2) A female, women’s, or girls’ team or sport. (3) A coeducational or mixed team or sport. Prohibits a male, based on the student’s biological sex at birth in accordance with the student’s genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women’s, or girls’ athletic team or sport. Requires school corporations, public schools, certain nonpublic schools, and certain athletic associations to: (1) establish and maintain grievance procedures; or (2) maintain grievance or protest procedures established before July 1, 2022; for a violation of these provisions. Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

Actions for House Bill 1041

H01/04/2022 Authored by Representative Davis
H01/04/2022 Coauthored by Representatives Jeter, King, Heaton
H01/04/2022 First reading: referred to Committee on Education
H01/24/2022 Committee report: amend do pass, adopted
H01/26/2022 Second reading: amended, ordered engrossed
H01/26/2022 Amendment #1 (Davis) prevailed; voice vote
H01/26/2022 Amendment #3 (DeLaney) motion withdrawn
H01/27/2022 Third reading: passed; Roll Call 135: yeas 66, nays 30
H01/27/2022 Senate sponsor: Senator Donato
H01/28/2022 Referred to the Senate
S02/07/2022 First reading: referred to Committee on Education and Career Development
S02/14/2022 Senator Leising added as second sponsor
S02/14/2022 Senator Sandlin added as third sponsor
S02/14/2022 Senator Kruse added as cosponsor
S02/17/2022 Committee report: do pass, adopted
S02/21/2022 Senator Byrne added as cosponsor
S02/22/2022 Second reading: ordered engrossed
S02/22/2022 Amendment #3 (Ford J.D.) failed; Roll Call 223: yeas 13, nays 35
S02/22/2022 Amendment #1 (Ford J.D.) failed; Roll Call 224: yeas 11, nays 37
S02/22/2022 Amendment #2 (Ford J.D.) failed; Roll Call 225: yeas 16, nays 33
S02/24/2022 Senator Doriot added as cosponsor
S02/28/2022 Senator Young M added as cosponsor
S03/01/2022 Third reading: passed; Roll Call 278: yeas 32, nays 18
S03/02/2022 Returned to the House without amendments
H03/04/2022 Signed by the Speaker
S03/07/2022 Signed by the President Pro Tempore
S03/15/2022 Signed by the President of the Senate
H03/21/2022 Vetoed by the Governor
H05/24/2022 Veto overridden by the House; Roll Call 402: yeas 67, nays 28
S05/24/2022 Veto overridden by the Senate; Roll Call 382: yeas 32, nays 15
H05/27/2022 Public Law 177

Continue ReadingHouse Bill 1041 – Indiana General Assembly 2022 Session

IYI – Helping Hoosier LGBTQ youth to thrive

Helping Hoosier LGBTQ youth to thrive

From Indiana Youth Institute – Helping Hoosier LGBTQ youth to thrive

By Tami Silverman

Throughout the pandemic, we repeatedly have been reminded about the crucial role that teachers and youth workers play in creating affirming and supportive environments for our kids. This month, as we celebrate LGBTQ History Month, we highlight the impact educators have in ensuring that LGBTQ+ students feel protected and empowered.

As of September 2020, Indiana was home to 43,000 LGBTQ+ youth ages 13 to 17, including more than 3,000 transgender youth. Two out of three Indiana LGBTQ students hear their families make negative comments about LGBTQ+ people. Furthermore, our LGBTQ+ youth of color, due to their intersecting identities, often face additional stress and adverse impacts on their health and well-being.

Students spend large amounts of time at school, surrounded by teachers, counselors, administrators, support staff, coaches, and many other adults. Our LGBTQ+ students look to each of these individuals for signs of understanding and caring.

Indiana Youth Institute recently released a three-part series of data reports, including Supporting LGBTQ+ Youth in Schools. Research in the report highlights how LGBTQ+ students in schools with more positive school climates were at lower risk of suicidality and reported fewer depressive symptoms. Schools that intentionally build and sustain environments free of bullying, name-calling, or harassment report fewer skipped classes, missed days of school, and lower dropout rates. Schools that provide caring environments find that more LGBTQ+ students report being open about their identity at school.

Both the Indiana State Teachers Association (ISTA) and the National Education Association (NEA) have tools and training to ensure that students that identify as LGBTQ+ receive the support they need to succeed and thrive. ISTA stresses the importance of providing students a larger, more inclusive world context, aiming to increase understanding and a wider sense of belonging. The ISTA website spotlights the origins and importance of LGBTQ History Month, specifically addressing gaps and inequities. It also provides a link to Learning for Justice, a site providing both information and a guide to creating classroom learning plans.

NEA’s website also provides actionable resources grounded in the stance that educators are often on the leading edge of efforts to build lasting support for LGBTQ+ student rights. 5 Things Educators Are Doing To Support LGBTQ Rights Now:

  • Fostering Safe and Affirming Schools for All Students
  • Helping to Shape LGBTQ-inclusive Curriculum and Textbooks
  • Training Other Educators to Raise their Voices for LGBTQ Students
  • Backing Legislation That Supports LGBTQ Students’ Rights
  • Supporting School Naming Initiatives That Honor Legacies of LGBTQ Activists & Leaders

School staff are critical allies of our LGBTQ+ youth. Ninety-seven percent of students identifying as LGBTQ+ reported at least one supportive school staff member, and 55% could identify six or more supportive educators in their school. Nearly half of LGBTQ students state having access to Gay Straight Alliance clubs, or similar student groups, that bring together LGBTQ+ and allied youth to build community and positive school environments.

Schools around the state and country are adopting programs, policies, and initiatives that address LGBTQ+ bias, bullying, harassment, and discrimination. Educators, youth workers, indeed, all of us, can benefit from continued professional education on LGBTQ+ student issues, ideally including feedback directly from students and families. The benefits of these efforts are clear. By uniting around students that identify as LGBTQ+, educators, youth workers, parents, and students uphold our vision of communities where all students can learn and thrive.

For more context, key data, and recommendations to support LGBTQ+ youth in schools, the child welfare system, and through mental and physical health, find our Supporting LGBTQ+ Youth at About the Indiana Youth Institute:

For over three decades, Indiana Youth Institute (IYI) has supported the youth services field through innovative trainings’, critical data, and capacity-building resources, aiming every effort at increasing the well-being of all children. To learn more about IYI, visit www.iyi.org, follow us on Facebook or Twitter.

Tami Silverman is the president and CEO of the Indiana Youth Institute. She may be reached at “mailto”iyi@iyi.org or on Twitter at @Tami_IYI.

Continue ReadingIYI – Helping Hoosier LGBTQ youth to thrive

Indiana School Sued Over Treatment Of LGBT Student Group

From WFYI/ Associated Press – Indiana School Sued Over Treatment Of LGBT Student Group

PENDLETON, Ind. (AP) — An Indiana school district was sued Wednesday by the American Civil Liberties Union after a group that supports LGBT students said it has been barred from promoting its meetings.

The free speech rights of the Gay-Straight Alliance at Pendleton Heights High School are being violated along with other laws, the lawsuit alleged.

“The differential treatment aimed at Pendleton Heights Gay-Straight Alliance by administrators is unwarranted and these students must be treated in the same manner that all other student groups are treated,” said Kit Malone, advocacy strategist at ACLU of Indiana.

A message seeking comment was left with the superintendent of the South Madison Community School Corp.

The principal at Pendleton Heights High has barred the group from advertising on school bulletin boards or anywhere else on school property, according to the lawsuit.

The group is “severely hindered in its beneficial function to be a place of shelter, support and education, not just for gay, lesbian, transgender and non-binary students, but for all Pendleton Heights High School students,” the lawsuit states.

Continue ReadingIndiana School Sued Over Treatment Of LGBT Student Group

2021 Health Care Heroes: Providing a ‘safe haven’ for transgender patients

From Indiana Business Journal – “2021 Health Care Heroes: Providing a ‘safe haven’ for transgender patients

Honoree, Physician
Dr. Janine Fogel
Eskenazi Health Gender Health Program
Medical director

Dr. Janine Fogel was 25 years into her medical career and on vacation in California when she found what will surely be her legacy.

Fogel saw a story in a local newspaper about a health center in Sacramento for transgender patients. She hadn’t realized such programs existed and began reflecting on the lack of anything like it in Indianapolis.

She came home with an idea. After almost 20 years of practicing family medicine at Eskenazi Health, she wanted to start a comprehensive health program for Indiana’s transgender population. She shared her vision with Eskenazi CEO Dr. Lisa Harris, who was immediately supportive.

In March 2016, after nine months of planning and training—and an outpouring of support from her colleagues—Fogel launched the Eskenazi Transgender Health and Wellness Program, a multidisciplinary clinic that serves about 2,000 patients a year from across Indiana and surrounding states.

Those patients know better than anyone how needed the program was.

“From the start, Dr. Fogel has been my safe haven,” said Sydney Dressler, who came to the center in 2018 at the very beginning of his transition from female to male. “I can say very confidently that she has saved many lives from the depths of depression and gender dysphoria. I know full well she saved mine.”

The center offers patients 16 and older a range of medical, surgical and mental health services provided by primary care doctors, psychiatrists, speech pathologists, therapists, a urologist, an attorney, a dietitian and a hospital chaplain. They’re supported by a licensed practical nurse, a medical assistant and a patient-care coordinator. The center also offers pre- and post-operative support and connects its clients with various support groups.

Most research in the field is conducted at well-known centers in San Francisco, Boston and New York, but Eskenazi’s program is beginning to do its own research, said Fogel.

Before starting the center, Fogel had only encountered a handful of patients who identified as gender diverse, but they left an impression. “I was struck by what they had to go through to feel like themselves.”

Depression stemming from relentless discrimination and being alienated from their families is a common challenge for people who are transgender. “That’s heartbreaking to me,” Fogel said. “It’s a privilege to be able to provide good health care to an underserved population. I’ve seen enough people transition and just be happy. It’s very rewarding.”

An outgrowth of her work is the LGBTQ+ residency track she created four years ago within Indiana University’s family-medicine residency program. The IU Family Medicine LGBTQ Healthcare Track is one of only a few programs in the United States to offer advanced training in transgender health. Fogel is pleased that other departments at IU, including psychiatry and obstetrics, are following family medicine’s lead and starting their own LGBTQ+ residency tracks.

Fogel is an inspiration to her colleagues, among them Dr. Dustin Nowaskie, a psychiatry resident at IU whose dedication to LGBTQ+ health has blossomed under Fogel’s guidance.

“She is a constant reminder of the doctor I have always wanted to be,” Nowaskie said.

Continue Reading2021 Health Care Heroes: Providing a ‘safe haven’ for transgender patients

2019 Indiana State Legislature: the Good, the Bad, and the Ugly

Source: Indiana Senate Democrats – The Good, the Bad and the Ugly: 2019 Edition

The Ugly

Bias Crimes

This session, Governor Holcomb made it a priority to pass bias crimes legislation. With the governor’s support, Senate Democrats were confident that Indiana would finally get a comprehensive bias crimes law on the books. Sen. Greg Taylor (D-Indianapolis) worked with the Republican author of SB 12, the bias crimes bill chosen to advance in the Senate, to get a clear, concise proposal containing a list of protected characteristics, passed out of the Senate Committee on Public Policy. Once the bill reached the floor, however, the Supermajority removed the list from the bill’s language. Despite protests by the Democratic caucus, Republicans chose to advance the watered down bill. After receiving backlash, however, Republicans took a different route, amending bias crimes language into an unrelated SB 198. Though the language included a list of protected classes, it left out age, sex and gender identity. Democrats fought to get these important characteristics added back into the bill with no success. Governor Holcomb, who promised to pass an inclusive and comprehensive bias crimes bill, mysteriously had a change of heart and decided that a non-inclusive bill that was ageist, sexist and transphobic was sufficient and signed the bill into law once it reached his desk.

All Democratic amendments removed from budget

Every single item that Senate Democrats have fought for over the past four months was removed from the budget in the final days of session. The Democratic Caucus fought to pass legislation that would improve the lives of Hoosiers and every one of our efforts was eliminated. Those efforts included protecting the Lake Michigan shoreline from erosion, providing adoption subsidies for foster parents to keep kids out of foster homes, relief for Hoosiers unable to pay interest fees on property taxes and funding the Mortgage Foreclosure Program requested by Indiana’s Supreme Court to help Hoosiers not lose their homes.

Shifting funding away from public education
The Statehouse Republican budget prioritizes private and voucher schools over public schools. Many schools in urban or poorer communities saw cuts to their complexity funding, and many of those that saw their total dollars increase, still did not receive increases that match the inflation rate. Moreover, funding for private and charter schools saw large increases, sometimes as much as 10 percent.

No teacher pay raises

This year, the General Assembly appeared to be in agreement that raising the salary of Indiana teachers was a priority. Despite that, only Indiana Democrats actually drafted and fought for legislation that would allocate new dollars to accomplish this goal. SB 399, drafted by Sen. Eddie Melton (D-Gary), was the only legislation drafted that would provide school corporations with a grant that would be used to specifically to raise teacher pay. The bill would have granted a 5% increase to teacher pay over the biennial, but it died without ever being given a committee hearing. Sen. Melton again attempted to ensure that a guaranteed teacher raise, offering an amendment to the budget with the same language included in his SB 399; it was defeated along party lines. Another Senate Democratic amendment to the budget would have placed a tax on cigarettes and mandated that some of the proceeds be used to raise teacher pay. The amendment was also defeated along party lines.

Attempt to legalize the shooting of teachers

In March, Indiana made national news when several news articles reported that teachers were left with bruises and welts after being shot with rubber pellets during school shooting simulations. To address this issue, language was added to Senate Bill 1253 that would require teachers to consent to being pelted during training. This came after language, added in committee, banning the practice altogether was removed from the bill. Unfortunately, the new proposal requiring teachers to consent failed to become law after Republican author Representative Jim Lucas stopped it from progressing due to other changes in the bill — changes that would have mandated training for all teachers who planned to carry firearms in schools.

Discrimination in publicly-funded private schools

Sen. J.D. Ford filed a bill this session, SB 344, and also offered an amendment to the budget to bar private schools receiving state voucher funds from discriminating against their students, staff and teachers. Both his bill and his amendment were defeated by the supermajority. Sen. Ford fought for this language in response news that Roncalli High School, which has received over $6.5 million in tax dollars, is terminating the employment of two employees simply because of their same-sex marriages.

 

Continue Reading2019 Indiana State Legislature: the Good, the Bad, and the Ugly

Laws of Public Accommodation and the LDS Church Statement about “respect”

Laws of Public Accommodation state that you are not allow to discriminate in providing services to the public if you run a business that is open to serve the public. So if you bake cakes, or do wedding photography, or open a restaurant, you have to accommodate members of the public who come to you to pay for your services. If you are a pharmacist, or an emergency medical technician, or a doctor, or a police officer, you cannot turn people away from your service if they are in a wheelchair, or if they are a person of color, or if they are female, or if they fit into a number of other categories. There are no religious exemptions to public accommodations laws, so what you believe or where you worship is not a legally an excuse for turning people away from your public-facing business, according to current law.

The current U.S. law on the books regarding public accommodation is a part of a back of a larger block of civil rights laws that are grouped under this title – U.S. Code Title 42, Chapter 21 — Civil Rights.

Title 42, Chapter 21 of the U.S. Code prohibits discrimination against persons based on age, disability, gender, race, national origin, and religion (among other things) in a number of settings — including education, employment, access to businesses and buildings, federal services, and more. Chapter 21 is where a number of federal acts related to civil rights have been codified — including the Civil Rights Act of 1866, Civil Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.

Here is what the “public accommodation” section of that larger group of laws states – 42 U.S.C. § 2000a : US Code – Section 2000A: Prohibition against discrimination or segregation in places of public accommodation

(a) Equal access All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. (b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) Operations affecting commerce; criteria; “commerce” defined The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b) of this section; (2) in the case of an establishment described in paragraph (2) of subsection (b) of this section, it serves or offers to serve interstate travelers of a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b) of this section, it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b) of this section, it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Support by State action Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof. (e) Private establishments The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b) of this section.

This morning, the Mormon Church held a press conference saying that they supported LGBT rights – up to a point. They believe that LGBT people should not be denied housing or employment or basic civil rights. BUT – they asserted that they felt that LGBT people should not be added to U.S. Code Title 42, Chapter 21. They didn’t say it in so many terms; they talked about “respect” and how LGBT “activists” had done terrible things to “disrespect” the religious beliefs of LDS Church members.

Apparently pouring millions of dollars into Prop-8 and trying to deny LGBT people basic civil rights, causing LGBT people emotional & financial hardship and pain, is perfectly “respectable” but fighting back for your basic civil rights after being a marginalized group of people for centuries is not.

But their meaning is pretty clear based on the language they were using. This public press conference is a dogwhistle to their members urging them to pour money into a number of lawsuits that are currently moving through the courts where gay, lesbian, bisexual or transgender individuals are seeing redress after being denied public accommodations by business owners citing “religious freedom” as their reason for discriminating against people seeking their services.

If we were just talking about wedding cakes and photographers, this might be an easy issue to dismiss – you can just get a different florist or cake baker, right? But we are not. There have been cases of LGBT people denied emergency medical care, medication that they needed for their health, and police protection because they are lesbian, gay, bisexual or transgender. LGBT people have been denied access to hotels and vacation spots, homeless shelters and domestic violence shelters based on the claims of “religious belief” of the owners or employees of those businesses or services. Some of the cases of denial of public accommodation are in serious, life-or-death situations. People have been irreparably harmed or killed because of this discrimination.

The LDS Church is attempting to frame the civil rights debate over public accommodation for LGBT people as one of “respect” – that LBGT people are being “disrespectful” of the church’s religious beliefs if they are seeking legal redress for being discriminated against. That legal and civil actions, including direct action that LGBT people might take in asserting their rights, are “disrespectful” and “attacks” and that the church is a victim if people challenge the discrimination against them on the basis of their religious beliefs.

It’s an interesting framing, and one that LDS members are anxious to push – I’ve already run across two sets of LDS church members anxious to cast themselves in the role of victim in the debate following this morning’s press conference. Unfortunately it’s also a framing that the average American is primed to accept as legitimate, given the complete lack of understanding of basic civil rights laws in the United States. Hopefully as these lawsuits move through the courts, the legal system won’t be as fooled by the manipulation of language as the average member of the public.

Continue ReadingLaws of Public Accommodation and the LDS Church Statement about “respect”

Transgender Day of Remembrance 2014

Transgender Day of Remembrance is observed to memorialize people killed by prejudice against transgender and gender-variant people. It also raises public awareness of hate crimes committed against transgender people – an action the media doesn’t do well, as we saw during the reporting of Indianapolis resident Ashley Sherman’s death. Day of Remembrance publicly identifies (where possible) and honors victims of violence, especially those that might be forgotten due to living in marginalized circumstances or due to deliberate or unaware misgendering of the victim after their death. We recognize that transgender people are sons and daughters, brothers and sisters, parents and friends.

81 transgender people were murdered around the world in 2014, the vast majority of them women of color, including one woman, Ashley Sherman, who was murdered here in Indianapolis, Indiana last month. Her killer is still unknown. In 2003, Indianapolis resident Nireah Johnson was murdered as well; fortunately her killers were brought to justice and incarcerated for her death and the death of her friend Brandie Coleman.

Continue ReadingTransgender Day of Remembrance 2014

Another black trans woman murdered, misgendered & misnamed in Indianapolis

The body of Ashley Sherman was discovered on the east side of Indianapolis on Sunday evening by a police officer who was making a traffic stop in the area. Ashley was a black trans woman who identified as female according to family members, and called herself Ashley according to co-workers. She had been the victim of numerous cases of harassment and abuse, and was a runaway at age 12. Police later updated their reports with the information that Ashley had been shot in the head. Neighbors in the Tudor Park Condominiums report hearing a shot around midnight that evening.

Initial coverage of Ashley Sherman’s death was complicated by the police and local media misgendering her as male after initially identifying her as female, and mis-naming her as her dead name instead of her chosen name. Misreporting trans women’s murders by mis-gendering has been linked to problems with tracking murders of trans women nationwide and hampered police investigations of those murders. Mis-naming murder victims contributes to lack of police evidence as they attempt to speak to friends who might have known the victim by their chosen name but not their birth name.

GLAAD’s guidelines on trans people call for media to correctly identify and name trans people in news stories by their chosen names and gender markers.

GLAAD Media Reference Guide –Transgender Issues

GLAAD Media Reference Guide – In Focus: Covering the Transgender Community

Fox 59’s coverage currently mis-genders Ashley and mis-names her – Homicide investigation underway after officer finds body near road on east side (originally: Woman’s Body Found Near Road on City’s East Side)

INDIANAPOLIS, Ind. (October 27, 2014) – A man’s body was found near the road on the city’s east side early Monday morning.

An Indianapolis Metropolitan police officer was driving near the Tudor Park Condominiums near the intersection of East 38th Street and North Mitthoeffer Road around midnight when he looked out his car window and saw the deceased person. The officer had just finished a traffic stop nearby.

Officers collected evidence from the scene and removed the body. Detectives say the man, identified as 25-year-old Tajshon Sherman, had been shot in the head.

Sherman was listed as a runaway at the age of 12 and has been mentioned in dozens of Marion County police reports since then. Several of those cases list Sherman as the victim of harassment or abuse. Others list Sherman as the suspect in prostitution and commercial sex arrests.

The exact cause of death will be determined following an autopsy. However, police said they are investigating this as a homicide.

If you know anything, call Crime Stoppers at 317-262-TIPS.

Initially Fox gave Ashley correct pronouns in the video report, but “corrected” their written story after police identified Ashley and “updated” their report. Evidence of the initial story remains in the link to the news item: http://fox59.com/2014/10/27/womans-body-found-near-road-on-citys-east-side/. In addition, the sensationalism of noting Ashley’s arrests for sex work contributes to discrimination against her, as evidenced by the comments on some of the news reports about her.

The IndyStar similarly reported and then misreported Ashley’s discovery, as can be seen in their news story – Body found on Far Eastside ruled homicide

Police have identified the person whose body was found late Sunday night on the Far Eastside as 25-year-old Tajshon Sherman of Indianapolis.

Sherman’s body was found in the 3600 block of Tudor Park Drive about 11:40 p.m. Sunday, said a dispatcher with the Indianapolis Metropolitan Police Department.

That is the area of Tudor Park Condominiums, which are east of Post Road and south of 38th Street.

Police have ruled the death a homicide.

The body was found outdoors in a grassy area along a road by an IMPD officer who spotted it as he drove past the area after making a traffic stop, IMPD Sgt. Kendale Adams said. Police originally identified the body as a woman’s but later said it was a man’s.

The body appeared to have sustained severe head injuries, Adams said. Police are unsure where or how the man was killed.

Anyone with information that could prove helpful to investigators may call Crime Stoppers at (317) 262-TIPS (8477).

WISH-TV’s coverage is mixed on identifying Ashley as she identified. They mention that she identified as female but neglect to mention Ashley’s chosen name and use her birth name instead – Mother calling for justice in Tajshon’s murder

INDIANAPOLIS (WISH) – An Indianapolis mother calls for justice after learning her child was found shot to death near the side of a road.

Deshea Sherman is pleading for whoever is responsible to come forward. Late Monday afternoon the Marion County corner identified the victim 25-year old Tajshon Sherman.

“That was my son. He had a life like everybody else did. He didn’t deserve to have to die like this,” Sherman said.

You could hear the pain and heartache in Sherman’s voice. She’s grieving about the tragic death of her son Tajshon. Police found the 25 year-old’s body lying under a light pole outside Tudor Park Condominiums. Investigators said Tajshon was shot to death.

“He didn’t deserve to die like that; no body deserves to be shot and killed,” said a family friend.

Family and friends gathered at the crime scene to console one another. They said Tajshon lived as a woman. The lead detective on the case was also on the scene looking for more clues into Tajshon’s death. He said right now they are not investigating Tajshon’s death as a hate crime.

“Everybody knew what he was and what he was about. That was still my child,” said Sherman.

“Shon was like a brother to me; he called me brother. He stayed at my house,” said family friend Kenneth Hearn.

Marleeta Wilcox lives in the east side neighborhood. She didn’t know Tajshon, but brought this small brown teddy bear to the scene.

“It’s just sad that (it) took someone’s child, somebody’s relative. Somebody loved that person and now they are gone,” Wilcox said.

“Not only did you hurt our family, but you hurt your own family for the crime that you have done,” said a family friend.

“You was wrong for what you did, you could have just let him go,” said Sherman.

Sherman said she will always be proud of Tajshon.

“Still proud to be his mother to this day and I love him no matter what and I just want justice done for him,” she said.

Police are not sure if Tajshon was killed where the body was found or if the body was dumped there.

It was after midnight when an officer on patrol doing a traffic stop found the body.

Anyone with information that could help police should call Crime Stoppers at 262-TIPS.

Tuesday at 5 p.m., the family will hold a candlelight vigil in the same spot where Tajshon’s body was found.

WRTV-6 has done better about telling Ashley’s story, although identifying her as trans might help police investigate her murder and they aren’t using her chosen name – Woman’s body found in east-side yard

INDIANAPOLIS – Indianapolis police are investigating the death of a 25-year-old woman whose body was found Sunday night.

The Indianapolis Metropolitan Police Department said the woman’s body was found in the yard at 3752 Tudor Park Drive, which is near the intersection of 38th Street and Mitthoeffer Road on the city’s east side.

The body was later identified as Tajshon Sherman, 25, of Indianapolis. Her death has been ruled a homicide.

Police spotted the body during a routine patrol of the area.

In 2003, 17-year-old Nireah Johnson, a black trans woman was murdered after a man she was interested in found out she was trans. Nireah was killed along with her friend Brandie Coleman. News coverage of the two young women’s deaths was complicated and sensationalized by the mis-gendering and mis-naming of Nireah, which continued long after her death. She is currently buried at Crown Hill Cemetery under her birth name, Gregory Johnson.

Continue ReadingAnother black trans woman murdered, misgendered & misnamed in Indianapolis

Same-sex marriage is legal in Indiana

Craig Bowman and Jake Miller - first same-sex married couple in Marion County
Craig Bowman and Jake Miller – first same-sex married couple in Marion County

Yesterday, a federal court judge threw out Indiana’s ban on same-sex marriage, ruling that the Gay marriage ban violates Equal Protection Clause and Due Process Clause. See the the summary judgement here [pdf]. Because there was no stay on the ruling, Indiana couples could begin marrying immediately, and the Marion County Clerk’s office was prepared for the lines of same-sex couples who showed up to apply for a license.

Lines of same-sex couples waiting to get married in Marion County Clerk's office
Lines of same-sex couples waiting to get married in Marion County Clerk’s office

Lines of same-sex couples waiting to get married in Marion County Clerk's office
Lines of same-sex couples waiting to get married in Marion County Clerk’s office

219 marriage license were issue to same-sex couples in Marion County yesterday, and 150 ceremonies were performed in the Marion County Clerk’s Office. And the Clerk’s office is anticipating hundreds more marriages today.

Because Stephanie and I were married in 2008 and our marriage suddenly was valid in Indiana, we thought it would be fun to take flowers to all the folks waiting to get married yesterday. We handed out over 125 flowers to individuals inline – we ran out of the first 9 bouquets and then went to the florist to get more.

Flowers for same-sex couples getting married in Marion County

Flowers for same-sex couples getting married in Marion County

We saw tons of friends getting married yesterday – it was amazing. I’m still giddy.

County Clerks all over the state were issuing licenses and marriages, although there was some confusion and refusals by some counties to issue licenses. This map was accurate as of sometime yesterday evening. Late in the evening Indiana Attorney General Greg Zoeller issued a notice to all county clerks advising them to follow the ruling of the court.

Indiana Counties issuing same-sex marriage licenses

Of course Zoeller waited to make that statement until well after he had filed an appeal for a stay on the federal court ruling.

Continue ReadingSame-sex marriage is legal in Indiana

Essential Follow-up Reading on HJR-3

Indy StarThe intrigue behind the curtain cloaking the HJR-3 debate
“When the Indiana Senate cast its vote Monday on the proposed same-sex marriage ban, it all seemed pretty straightforward, even predictable. The vast majority of Republicans voted for the measure and it passed 32-17.

But outside public view, another story was playing out. In the days and hours leading up to the vote, a group of socially conservative senators was plotting in private to kill the marriage amendment.”

Commentary from inside the organization fighting HJR3 on this article: “I read it twice. A lot of it has an element of reality, some is off base. But we’ve got to be ready for 2015. No question.”

Digital Media News — Reporters Notebook: Indiana Senator’s Twitter War A Fascinating Read
“First, some disclosure. In Indiana State Senator Mike Delph’s world, I am a “liberal”. I am not a moderate, independent…nope…I am a “liberal” because I do not agree with his position regarding gay marriage. Second, Delph was punished, in part, for contents of a Twitter war that topped 250 tweets over two or three days best described as a melt-down over the demise of HJR-3 which was a constitutional amendment banning gay marriage in Indiana. Senate President Pro Tempore David Long has disciplined Delph — taking away leadership roles and even moving his seat — for violating Senate protocol when he tweeted about the same-sex marriage amendment. According to Long’s office, Delph used Twitter to report information, garnered from a GOP private caucus, on the fate of Senate action on House Joint Resolution 3.”

Continue ReadingEssential Follow-up Reading on HJR-3

Zombie HJR-3: Out-of-state groups want to force HJR-3 onto 2014 ballot

According to RTV-6 News – Group may force HJR-3 on 2014 ballot:

Posted: 02/19/2014 Rafael Sanchez
INDIANAPOLIS – A national pro-marriage group is considering whether to take legal action to force HJR-3 on the Indiana ballot in November 2014.

The measure came to a halt on Monday, when the Senate did not return the bill its original status, in which it would impact civil unions.

The National Organization for Marriage tells RTV6 that they met with the House Speaker Brian Bosma on Friday.

“We are building a coalition of the willing and looking for legislators who are willing to join in this task,” said Chris Plante, regional director of NOM.

“We understand it will be heavy lifting, but if we all work together, we believe we have the law on our side. And we believe HJR-3 should go to the people in November 2014 as was promised by legislature on multiple occasions,” said Plante.

Nevermind what Hoosiers want; out-of-state interests are weighing in on what should happen in Indiana, which is at odds with their “states should decide marriage” stance. But anti-gay groups have never been big on consistency.

Continue ReadingZombie HJR-3: Out-of-state groups want to force HJR-3 onto 2014 ballot