SCOTUS Will Rule If Existing Civil Rights Laws Ban LGBTQ Discrimination

The current U.S. Supreme Court (image via SupremeCourt.gov)

The United States Supreme Court has announced it will weigh in on whether existing civil rights laws prohibits discrimination based on sexual orientation or gender identity.

Currently, federal law bans discrimination in the workplace on the basis of religion, race, color, sex or national origin. While there is no specific federal law that protects LGBTQ individuals at work, advocates for the LGBTQ community say Title VII of the Civil Rights Act of 1964prohibits being fired due to sexual orientation because that is a form of sex discrimination.

Lower courts have been split on the issue.

Of the cases that SCOTUS accepted for review Monday, two appeals courts ruled that the firings of a gay man and a transgender woman were illegal discrimination under Title VII, while a third case court ruled being fired for being gay does not fall under the purview of the civil rights law.

According to NBC News, here are the three cases:

• A New York skydiving instructor, Donald Zarda, said he was fired after telling a female client she didn’t need to worry about being tethered together by confiding he is gay. The 2nd Circuit Court of Appeals found, in that case, that sexual orientation discrimination is a subset of sex discrimination.

• A transgender woman in Michigan, Aimee Stephens, sued her former employer, a funeral home, after she was fired in the aftermath of sharing that she is transgender. The 6th Circuit Court of Appeals said transgender discrimination is banned due to Title VII.

• A Georgia man, Gerald Bostock, was dismissed by his employer after discovering his participation in a gay softball league (yes, that really happened), the 11th Circuit Court of Appeals ruled the 1964 civil rights law does not include sexual orientation.

Judge Diane Wood, of the 7th Circuit Court of Appeals, wrote in a 2017 ruling that "it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex."

But over in the 11th Circuit, Judge William Pryor pointed to lawmakers in his ruling saying that Congress "has not made sexual orientation a protected class."

The high court will hear the cases during its next term that begins in October.

JoLynn Markison, a partner at the international law firm Dorsey & Whitney in its labor and employment practice and an advocate for the LGBTQ community, has been following this issue closely.

“This shift in the Supreme Court’s willingness to rule on the issue of whether Title VII’s prohibition on sex discrimination extends to gender identity and sexual orientation—which are quintessential expressions of “sex”—has been a long time coming,” Markison says.

Markison points to the newest member of the high court, Justice Brett Kavanaugh, as a fairly substantial ‘unknown’ in the upcoming deliberations in that he doesn’t have a clear judicial record on LGBTQ issues.

However, we do know his nomination was heavily supported by far-right, conservative groups like the Family Research Council, which has long advocated against LGBTQ equality.

That said, there’s another wild card player to watch here.

“Is there a swing vote on the Supreme Court? Or is this issue already as good as decided? The balance could lie with Chief Justice John Roberts, who notably did not join the conservative dissenters in Pavan v. Smith, in which the Supreme Court held that married same-sex couples are entitled to be listed on their children’s birth certificates the same as married heterosexual couples," said Markison.

GLAAD, the world’s largest LGBTQ media advocacy organization, tweeted, “With more than 100 anti-LGBTQ attacks from the Trump Administration, this is exactly why we need to pass the #EqualityActnow and look toward explicitly protecting LGBTQ people with a constitutional amendment.”

With more than 100 anti-LGBTQ attacks from the Trump Administration, this is exactly why we need to pass the #EqualityAct now and look toward explicitly protecting LGBTQ people with a constitutional amendment. https://t.co/9AlJCy6qUz

— GLAAD (@glaad) April 22, 2019

Sarah Kate Ellis, CEO of GLAAD, followed that with her own tweet: “With Trump stacking the Supreme Court with anti-LGBTQ judges it’s clear that we need a constitutional amendment that protects LGBTQ people and all marginalized communities.”

With Trump stacking the Supreme Court with anti-LGBTQ judges it’s clear that we need a constitutional amendment that protects LGBTQ people and all marginalized communities. https://t.co/l5r00C97FB

— Sarah Kate Ellis (@sarahkateellis) April 22, 2019

In terms of state laws, it is currently legal to fire an LGBTQ person in more than 26 states across the nation. You can find information about your state at the Movement Advancement Project.

NY Governor Signs Laws Banning Trans Discrimination & 'Ex-Gay Therapy' For Minors

(image via Depositphotos)

Thanks to new Democratic control of the New York state Senate, Gov. Andrew Cuomo was finally able to sign two important LGBT bills into law today.

With an American flag, a New York state flag, a rainbow flag and a transgender flag displayed prominently, the governor signed his name at a ceremony held at the New York City LGBT Community Center.

After many years of fierce advocacy and activism, we are thrilled to see GENDA and the conversion therapy ban signed into law! Thank you @NYGovCuomo for your commitment to our community. #RiseOut pic.twitter.com/7twVZG4XBs

— The Center (@LGBTCenterNYC) January 25, 2019

One, the Gender Expression Non-Discrimination Act, or GENDA, adds gender identity to the New York Human Rights Law to which bans discrimination in employment, housing, public spaces and education.

GENDA took a 16 year journey to receiving a New York state governor’s signature. While it was passed 11 times in the state Assembly, the Republican-controlled Senate kept the important legislation out of reach.

New York is now the 20th state in the country with statewide protections banning discrimination on the basis of sexual orientation and gender identity.

NY Gov. Andrew Cuomo speaks at signing ceremony at NYC LGBT Community Center

The second piece of legislation bans the use of so-called ‘conversion therapy’ on LGBTQ youth.

Major medical organizations like the American Medical Association, the American Psychiatric Association and the American Academy of Pediatrics have all denounced ‘conversion therapy’ which treats being gay as a mental illness.

Also known as ‘ex-gay therapy,’ the practice has been shown to lead to depression, decreased self-esteem, substance abuse, anxiety and, in some cases, suicidal behavior.

Chad Griffin, president of the Human Rights Campaign, issued a statement which read:

“Today, with Governor Cuomo’s signature, New York has made bold, historic progress by making GENDA the law of the land and banning the abusive and life-threatening practice of so-called ‘conversion therapy’ on LGBTQ youth.

“These laws will literally save lives, and their passage would not have been possible without the tireless work of advocates and allies across New York over the last decade. We also owe today’s celebration in large part to Senator Hoylman and Assemblymembers Gottfried and Glick for their strong leadership on this legislation, and to Senate Majority Leader Andrea Stewart Cousins, who made them a top priority this session.”

New York is now the 15th state to prohibit the harmful practice on LGBTQ youth.

Other states that have enacted similar laws are Connecticut, California, Delaware, Nevada, New Jersey, Oregon, Illinois, Vermont, New Mexico, Rhode Island, Washington, Maryland, Hawaii, New Hampshire, as well as the District of Columbia.

It’s a great day to celebrate in New York state.

Check out video from the event today in New York City below.

New York Legislature Passes Two Pro-LGBTQ Bills

After years and years of attempting to protect transgender New Yorkers, the New York state legislature has passed GENDA, the Gender Expression Non-Discrimination Act.

The legislation explicitly bans discrimination in the state based on gender expression and gender identity. The bill won passage with a vote of 100-40 in the Assembly and 42-19 in the Senate.

Transgender and gender non-conforming people will now be protected in the areas of housing, employment and public accommodations.

“This is truly an historic day,” Eric Lesh, executive director of the LGBT Bar Association of Greater New York, told The Daily Beast. “We are finally welcoming a fairer and more equal New York because of the bold and tireless leadership of trans and gender non-conforming New Yorkers.”

According to the Human Rights Campaign, GENDA passed in the state Assembly 11 times over the years, but the GOP-controlled Senate would kill the bill. Only now that Democrats control the Senate has the legislation finally passed and will head to Gov. Andrew Cuomo’s desk to be signed into law.

#BREAKING: The New York State Senate just passed the Gender Expression Non-Discrimination Act, prohibiting discrimination based on gender identity or expression and adding protections for transgender NYers to the state’s Hate Crimes Law.

Recognition, at long last. #GENDA pic.twitter.com/Irmht2L4KW

— Senator Brad Hoylman (@bradhoylman) January 15, 2019

Additionally, a ban on so-called ‘conversion therapy’ passed in both chambers, making New York the 15th state to protect LGBTQ youth from the harmful practice.

The legislation passed in the state Assembly 134 to 3, and in the state Senate by a vote of 57-4.

“Today’s historic action in New York is the result of years of hard work and it is a vivid illustration of the importance of electing pro-equality lawmakers,” said Human Rights Campaign President Chad Griffin in a statement.

“Due to the efforts of countless advocates and leaders, transgender New Yorkers will now be explicitly protected from discrimination on the basis of gender identity and LGBTQ youth will be protected from the dangerous, debunked practice of so-called ‘conversion therapy,'" he added. "This is a monumental day for fairness and equality across the Empire State.”

Major medical organizations like the American Medical Association, the American Psychiatric Association and the American Academy of Pediatrics have all denounced ‘conversion therapy’ which treats being gay as a mental illness.

So-called ‘ex-gay therapy’ has been shown to lead to depression, anxiety and, in some cases, suicide.

Ohio Gov. Kasich Bans Trans Discrimination With Executive Order

Ohio Gov. John Kasich

Ohio Gov. John Kasich Wednesday issued an Executive Order, 2018-12K, changing the anti-discrimination policy for state employees to include "gender identity or expression,” reports local NBC News affiliate, WCMH.

With just weeks left in Kasich’s term as governor, the order bans discrimination based on "gender identity and expression" in state personnel decisions.

The new language replaces the executive order put in place by Kasich when he took office in 2011, which included race, color, religion, gender, national origin, military status, disability, age and sexual orientation, but not gender identity.

LGBTQ advocacy group Freedom for All Americans says the executive order makes Kasich “the first Republican Governor of a state without statutory protections for LGBTQ people to issue an executive order protecting state employees on the basis of sexual orientation and gender identity or expression.”

An outspoken critic of Donald Trump, Kasich has indicated he’s considering a 2020 challenge for the Republican presidential nomination in 2020, and this may be an attempt to show GOP voters a more moderate side of the Republican Party.

It’s just the right thing to do.
https://t.co/xQTWzRYsrO

— John Kasich (@JohnKasich) December 19, 2018

A statement from Equality Ohio applauded the move:

This leadership has never been more important. At a time when the basic rights of transgender people to exist in public, to serve in our military, and to access basic health care are at risk, we applaud Governor Kasich for his recognition of our shared humanity with common-sense protections.

Although Kasich’s successor, Governor-elect Mike DeWine (R), could rescind the order when he takes office next month, Freedom for All Americans reports he has “expressed an openness to preserving Kasich’s executive orders.”

Massachusetts: Anti-Trans Campaign Drops New Fear-Mongering Ad

While most of the country’s political attention currently revolves around who will control Congress after the November mid-term elections, LGBTs should be aware that an item on the Massachusetts ballot could have widespread effects on the community.

A law passed in 2016 protects transgender citizens in the state from discrimination in regard to public accommodations, including the use of bathrooms that align with transgender folks’ gender identity.

But conservative, anti-trans groups have managed to put the law up for a vote by the general public after only two years.

Question 3 will ask voters in the Bay state if the law should remain (a ‘yes’ vote) or be repealed (a ‘no’ vote).

The “No on 3” campaign has released a new ad spot that stokes fears about “men in women’s bathrooms” predicting male predators will hide out and lie in wait to attack women and children.

In the spot, a woman enters a locker room as a sinister-looking male predator hides inside a bathroom stall.

“What does the Question 3 mean to you?” asks female voice in the ad. “It means any man who says he is a woman can enter a woman’s locker room, dressing room or bathroom at any time, even convicted sex offenders, and if you see something suspicious and say something to authorities, you could be arrested and fined up $15,000.”

During the voiceover, the woman begins to undress but looks up to see the man emerge from the stall.
The voiceover ends: “Vote No on 3. This bathroom bill puts our privacy and safety at risk. It goes too far.”

Here’s the spot.

It's worth repeating that there have been zero reports of straight men posing as 'trans women' in order to get their rocks off preying on women in bathrooms.

While this may seem like an issue in just one state, Massachusetts has a long history in leading the fight for LGBTQ rights.

Massachusetts was the first state to legalize marriage equality, and the second (after Wisconsin) to prohibit discrimination based on sexual orientation in employment, housing, and public accommodations.

And while many may think Massachusetts is a ‘safe liberal haven’ for civil rights, don’t forget that in ‘liberal’ California, the dreadful Prop. 8 took away same-sex marriage after LGBT folks already had won the right to marry those they love.

That’s a setback we, as a community, can’t allow to happen again.

If Question 3 in Massachusetts were to pass, it would embolden opponents of the community to attack LGBTQ protections anywhere.

Fortunately, there are people fighting for our side and getting the truth out to the public.

Here’s the recent ad from the ‘Yes on 3’ team below. And for more information about how you can help, head over to freedommassachusetts.org.

(h/t Washington Blade)

New Hampshire Approves Gender Identity Law, Bans "Ex-Gay Therapy"

New Hampshire's LGBT advocates celebrated GOP Gov. Chris Sununu for signing into law a new bill which prohibits discrimination on the basis of gender identity.

The transgender rights bill passed the New Hampshire House by 195-129 votes, and in the Senate with all Democrats in favor and enough Republicans in support to pass it, 14-10.

“Discrimination – in any form – is unacceptable and runs contrary to New Hampshire’s Live Free or Die Spirit,” Sununu said in a statement after signing House Bill 1319.

But wait - Sununu wasn't done.

He also signed on Friday legislation banning so-called conversion therapy for gay minors.

Connecticut, California, Nevada, New Jersey, the District of Columbia, Oregon, Illinois, Vermont, New York, New Mexico, Rhode Island, Washington, Maryland, Hawaii and now New Hampshire all have laws or regulations protecting youth from this abusive practice.

A growing number of municipalities have also enacted similar protections, including cities and counties in Ohio, Pennsylvania, Washington, Florida, New York, Arizona, and Wisconsin.

There is no credible evidence that conversion therapy can change a person’s sexual orientation or gender identity or expression. To the contrary, research has clearly shown that these practices pose devastating health risks for LGBTQ young people such as depression, decreased self-esteem, substance abuse, homelessness, and even suicidal behavior. The harmful practice is condemned by every major medical and mental health organization, including the American Psychiatric Association, American Psychological Association and American Medical Association.

Good on you, New Hampshire!

NY State Republicans Kill Gender Identity Protections Bill For 11th Year In A Row

Incredible as it may seem, the New York state Assembly has approved legislation prohibiting discrimination based on gender identity for 11 years in a row.

And for the 11th year, the NY state Senate (controlled by Republicans) has killed that bill in committee. The legislation failed on a party line 5-4 vote.

From Chris Johnson of The Washington Blade:

Any hopes that New York would join other states this year and enact a law explicitly prohibiting discrimination on the basis of gender identity were dashed Tuesday when a Republican-controlled Senate committee voted down a transgender rights measure.

The Gender Expression Non-Discrimination Act, or GENDA, was defeated in the New York Senate Investigations & Government Operations Committee by a 5-4 party-line vote.

The measure would have amended the state human rights law to bar discrimination on the basis of gender identity or expression and would have added transgender people to the state human rights law.

Sen. Brad Hoylman, the only openly LGBT member of the New York state Senate, was disgusted. His office issued this statement:

“In 21st century New York State, it’s appalling that Senate Republicans would vote along party lines against GENDA. Human rights shouldn’t be a partisan issue – and they aren’t in other states.

"Earlier this month, in fact, the Republican legislature in New Hampshire passed protections for LGBT people, making it possible that New York will soon be the only state in the northeast without statutory protections for its transgender citizens.

"As the Trump Administration continues to roll back protections for LGBT Americans, New York has the obligation to protect its transgender citizens from discrimination and hate crimes.

"Unfortunately, the State Senate failed miserably in its duties. Moving forward, I’ll continue to fight for passage of GENDA in a new State Senate after the midterms.”

New Hampshire State Senate Approves Transgender Non-Discrimination Protections

The New Hampshire state Senate, by a 14-10 vote margin, has approved a bill that will add gender identity to the state's nondiscrimination law.

New Hampshire is the only state in the New England area without transgender protections in its non-discrimination law.

Notable - both chambers of the state legislature are controlled by Republicans.

Openly gay state Rep. Ed Butler (D) introduced the measure in the House as HB 1319, which was approved in March by a vote of 195-129, with 51 Republican votes.

Gov. Chris Sununu (R) has indicated he will sign the bill into law.

BREAKING: In bipartisan vote, #NewHampshire Senate passes H.B. 1319, extending nondiscrimination protections to #transgender Granite Staters. The bill now goes to Gov. Chris Sununu's desk. Congrats to @FreedomNH_! pic.twitter.com/Bvzs7oL9fl

— Trans Equality (@TransEquality) May 2, 2018

BREAKING: NH Senate votes to pass #HB1319 #TransBillNH 14-10 that would update anti-discrimination protections to include transgender folks across the state!! On to the @GovChrisSununu's desk for signing. #NHPolitics pic.twitter.com/XvxUhKgYkY

— ACLU_New Hampshire (@ACLU_NH) May 2, 2018

Podcast: Drag Queen Ada Vox Makes American Idol's Top 10; Massachusetts To Get LGBT Curriculum; New Study Says Gay Couples Are Least Likely To Part Ways

In this week’s podcast:

• Ada Vox becomes American Idol's first drag queen contestant in the Top 10

• A new study shows surprising results - gay male couples are least likely to part ways

• High school students in Massachusetts will soon have courses that will include LGBTQ history and literature by gay authors

• The Trump administration launches a new attack on transgender people

• Prince Harry and Suits' Meghan Merkle reaffirmed their commitment to LGBTQ rights

All that and more in this episode of The Randy Report podcast

Podcast: "Will & Grace" Finale; New Documentary On The Life Of Sir Ian McKellen "Playing The Part;" MGM Resorts Releases Gender-Flipped Love Songs

In this week's podcast:

• MGM Resorts released a new collection of wedding songs for LGBTs from Kesha, Bob Dylan and more.

• The finale of Will & Grace aired this week with some surprise couplings.

• A new documentary of the life and legacy of Sir Ian McKellen - Playing The Part.

• Natti Vogel's new music video "Brown Rice" starring Matthew Wilkas explores the pressures of Instagram fame

• Maryland’s state legislature moves closer to banning so-called "conversion therapy."

• Anchorage, Alaska, says “no” to transgender discrimination.

All that and more on this episode of The Randy Report.

If you enjoy catching up on LGBTQ headlines in 15 minutes with The Randy Report podcast, please share it with your friends.

I like to think of my newsmagazine podcast as "the 60 Minutes of gay news" - only shorter.

News Round-Up: January 12, 2018

(photo by @pascalpprl)

Some news items you might have missed:

• Can we just skip ahead to summer, please? (above)

• Pre-Exposure Prophylaxis (PrEP) will soon be available for free to gay and bisexual men in Florida in the state’s attempt to reduce HIV-infections.

• Kenosha School District in Wisconsin has agreed to withdraw its challenge to a ruling from the 7th Circuit Court of Appeals in favor of Ash Whitaker, a transgender high school student seeking to use the restroom consistent with his gender identity. In doing so, the 7th Circuit Court's ruling remains the precedent. Plus, the school district has agreed to pay Ash $800,000 for the harm caused to him and for his legal fees.

• Remember how Donald Trump claimed massive voter fraud to the tune of 3 million fake votes cost him the popular vote? His commission found zero fake votes, so they disbanded the voter fraud commission. #Fail

• A man found guilty of killing a gay couple decides it would be prudent to flip-off the families of his victims after being found guilty. Umm, the death penalty is on the table, asshole.

• Remember TLC's Trading Spaces? The reboot is coming soon. There's no official launch date yet, but check out the new promo video below.

Attorney General Sessions Reverses Course On Policy Protecting Transgender Folks In Workplace

Attorney General Jeff Sessions

Deeply disappointing but not a surprise by any means, Attorney General Jeff Sessions announced today that his Department of Justice has reversed course on the Obama era position that federal law bans sex discrimination in the workplace.

Going forward the DOJ's position is that Title VII does not offer any protections for transgender individuals in the workplace.

From Reuters:

The memo sent to U.S. Attorneys’ offices on Wednesday by Attorney General Jeff Sessions says Title VII of the Civil Rights Act of 1964 only prohibits discrimination on the basis of a worker’s biological sex, and not their gender identity.

Sessions rescinded a Justice Department memo from 2014 that said Title VII does protect transgender people, a position also taken by several federal appeals courts in recent years.

It was the Trump administration’s latest move to roll back Obama administration policies on LGBT issues. In August, President Donald Trump signed a memo directing the U.S. military not to accept transgender men and women as recruits, reversing a policy that allowed transgender people to serve openly.

And last month, the Justice Department appeared before a federal appeals court in Manhattan to argue that Title VII does not provide protections to gay and lesbian workers.

Yet another hostile move against the LGBTQ community from Donald "Better for the Gays" Trump.

Here's just a few of the LGBTQ advocacy groups responding to the memo.

Stacey Long Simmons, Director of Advocacy and Action, National LGBTQ Task Force:

"This memo contradicts what is already established legal precedent. Courts across the country have agreed that sex protections include gender identity. The plain truth is that Attorney General Sessions is running the Justice Department with a clear anti-transgender bias, not current law.

"This is only the latest example of the administration’s broad reaching anti-LGBTQ policy changes. There is a pungent stench coming from the Trump/Pence Administration and its actors."

Kellan Baker, Board of Directors, Equality Federation

“Sessions' shameful memo is yet another purely political attack on some of the most vulnerable members of our community: transgender people like me.

"The vast majority of Americans and the courts agree that transgender people should have a fair opportunity to provide for ourselves and our families, free from discrimination on the basis of who we are.

"Even as this administration continues its attacks on LGBTQ communities and on our friends and allies, we will continue our fight to live and work safely and with dignity in the communities we call home.”

Laverne Cox: "It's Not About Bathrooms"

Shortly after the U.S. Supreme Court decided to vacate the 4th Circuit Court of Appeals ruling on trans high school student Gavin Grimm's case, and then kick it back for reconsideration at the 4th, actress/trans activist Laverne Cox shared a powerful essay with InStyle about her views on the current state of the rights of transgender folks.

Just a bit from the personal essay:

Over 30 percent of trans people report not eating or drinking so they can avoid going to public bathrooms. Sixty-percent of us have avoided using a public restroom out of fear of being harassed or assaulted. Even when I’m in liberal cities like LA or New York, I would rather not use public bathrooms. But if you leave your house, you have no choice.

But don’t be fooled: These bathroom laws aren’t really about bathrooms. When the current administration rescinded the guidelines for how transgender students should be treated in schools, they made it all about bathrooms. But the Obama-era guidelines also included pronoun and name preferences for these young people as well. These are important components of how trans kids should be treated in school, but all that is lost when we sensationalize this issue. It’s not about bathrooms. It’s about the humanity of trans people, about us having the right to exist in a public space.

There's more at the link, and I really encourage you to read it.

Today needs to be just a speed bump, not a stop sign.

National Education Association Responds To Trump Administration Rolling Back Transgender Protections

Lily Eskelsen García, president of The National Education Association, which is represents more than 3 million elementary and secondary teachers, issued this statement in response to the Trump administration's decision to rescind guidance protecting transgender students' use of public bathrooms in schools:

Every student matters, and every student has the right to feel safe, welcomed, and valued in our public schools. This is our legal, ethical and moral obligation. The Trump administration’s plans to reverse protections for transgender students by rescinding the Title IX guidance, is dangerous, ill-advised, and unnecessary.

We reject this discriminatory plan because it is a drastic departure from our core values. We don’t teach hate, we do not tell people how to pray, and we do not discriminate against people based on their religion, gender, or identity. Period.

As the Trump administration threatens our students and our values, we will double-down on our efforts to protect our most vulnerable citizens, including our LGBTQ students and members. We urge more states, school districts, and schools to adopt protections for transgender students. We owe to our students because they need to see us take a bold stand against discrimination whatever form it takes.

Justice Department Signals Step Back On Transgender Protections

During the presidential campaign, Donald Trump initially suggested he supported transgender rights during the campaign, but later retreated saying it should be left to the states.

Now, just two days after Jeff Sessions became Attorney General, his administration is signaling a step back from support for trans protections in a current lawsuit in the 5th Circuit Court of Appeals.

From Buzzfeed:

The Justice Department took a step back Friday from its prior position of advancing transgender people’s rights under existing civil rights laws. On just the second day of Attorney General Jeff Sessions’ tenure at the helm of the Justice Department, the federal government filed a notice in the lawsuit Texas and other states had brought against the Obama administration’s pro-transgender policies.

The moves taken in the filing — a joint filing made with the states — suggest that the federal government’s position on the pending legal questions surrounding transgender people’s rights could be changing soon. At the least, it suggests the new administration is pulling back while it determines the position it will be taking in the case.

The Justice Department announced in the short filing that it was withdrawing its request that the US Court of Appeals for the Fifth Circuit limit a lower court’s nationwide injunction of the pro-transgender policies to instead cover only those states that had brought the litigation. Then, in a joint request with the states challenging the policy, the states and the Justice Department both requested that the oral arguments on that issue be removed from the court’s calendar.

Pro-Transgender Rights Spot To Air On Fox News During Trump Acceptance Speech

This new ad - created by the Movement Advancement Project, Freedom For All Americans, and Equality Ohio - is set to air on Fox News the evening that Donald Trump is expected to accept the nomination for president at the Republican national convention.

The spot features Alaina Kupec, a transgender woman from North Carolina, in a scenario that many trans people say takes place regularly in states that don't have transgender protections in place.

As a voiceover explains the difficulties involved in the simple act of accessing a gender-aligned restroom, the scene unfolds showing Kupec being stopped at a restroom door by an restaurant employee and being directed to the men's room. That exact scenario is currently legal in 32 states.

The spot is direct and effective. Here's hoping the message is heard.

Massachusetts Becomes 19th State To Enact LGBT Non-Discrimination Protections

Via The Human Rights Campaign:

Today, Massachusetts Republican Governor Charlie Baker signed into law legislation extending commonsense, non-discrimination protections to transgender residents and visitors to the state. While Massachusetts state law already prohibits discrimination against transgender people in housing and employment, the new law extends these same crucial protections to public accommodations, such as access to restaurants, malls, restrooms, and locker rooms.

“By signing this bipartisan legislation into law, Governor Baker has joined the growing list of fair-minded Republicans who are standing up for equality,” said HRC President Chad Griffin. “Equality is not a Republican or Democratic value, it’s an American value. This crucially important measure will help ensure transgender Bay State residents and visitors are protected from discrimination in public spaces.”

Massachusetts becomes the 19th state with non-discrimination protections on the basis of sexual orientation and gender identity in public accommodations, housing, and employment. In addition, similar protections exist in more than 100 cities across the country, including Atlanta, Dallas, and Louisville.

Obama: We Have "To Try To Create An Environment Of Some Dignity" For Transgender People

President Obama addressed the ongoing issue of transgender rights and protections during a town hall on “PBS News Hour” with Gwen Ifill last night.

A question was asked by Arvis Dawson, who said he believed strongly in equal rights, but didn't understand all the focus on "bathroom rights."

From the Washington Blade:

Obama said many things are indeed before him and denied he sought to make bathroom use an issue, but felt compelled to respond because he thinks transgender children are being treated unfairly. “What happened and what continues to happen is you have transgender kids in schools,” Obama said. “And they get bullied. And they get ostracized. And it’s tough for them.”

Obama told Dawson they’re of a generation where transgender people were out of sight, and so “people suffered silently,” but now things have changed and schools asked the administration for guidance.

“And my answer is that we should deal with this issue the same way we’d want it dealt with if it was our child,” Obama said. “And that is to try to create an environment of some dignity and kindness for these kids. And that’s sort of the bottom line.”

Massachusetts Gov. Charlie Baker Will Sign Transgender Protections Bill Into Law

Massachusetts Gov. Charlie Baker

After months of mixed signals, Massachusetts Gov. Charlie Baker has announced he will sign into law recent legislation that provides for public accommodations for transgender folks.

From the Boston Globe:

“We’ve certainly listened to a variety of points of view from many sides and have said, from the beginning, that we don’t want people to be discriminated against,” Baker said in an interview with The Boston Globe. “If the House bill were to pass in its current form, yeah, I would sign it.”

The bill approved by the Senate and the version that is set to be passed by the House on Wednesday would allow people to use the restrooms and locker rooms that match their gender identity and would protect transgender people from discrimination in barber shops, malls, libraries, restaurants, and other public accommodations.

The bathroom provision has raised sharp concern from opponents who assert that male sexual predators, under the guise of being transgender women, could enter women’s restrooms and locker rooms. Proponents of the bill say those worries are unfounded and not borne out by the almost 20 states that already have similar protections.

Baker was booed at an LGBT event in April when he wouldn't endorse the legislation.

Transgender rights and protections have jumped to the forefront of our national discourse in the past year, with many states passing anti-transgender laws like North Carolina's HB2 which dictates to transgender students they must use bathrooms that align with their gender assigned at birth as opposed to their actual gender identity.

17 School Districts Confirm "Conservative Horror Stories" Regarding Trans Bathroom Rights Are False

(map via GLSEN)

With today's announcement by the federal Departments of Education and Justice on protections for transgender students, it's important to debunk the often-told myth that transgender "bathroom rights" somehow leads to predators dressing as women to prey on female students in school bathrooms.

Media Matters took a comprehensive look into the matter:

Conservative media outlets have attacked transgender-inclusive non-discrimination policies in schools by claiming they create confusion, violate students' privacy rights, and can be exploited by students who will pretend to be transgender in order to sneak into the restrooms for the opposite sex and behave inappropriately.

Media Matters Contacted Officials At The Largest School Districts In 12 States With Gender Identity Protections On The Books. Media Matters contacted school district officials in states with laws prohibiting discrimination in public schools on the basis of gender identity and asked whether they had experienced "any incidences of harassment or inappropriate behavior" as a result of "allowing transgender students to access facilities they're comfortable with." Media Matters specifically raised the oft-heard criticism that protecting transgender students will "result in confusion, harassment, or inappropriate behavior" such as "students pretending to be transgender to sneak into locker rooms or bathrooms."

The responses from across the country were overwhelmingly the same: Seventeen school districts covering 600,000 students experienced no problems after implementing transgender protections.