HRC, Lambda Legal and OutServe-SLD’s Challenge to Military Trans Ban on Course to Proceed to Trial

HRC, Lambda Legal and OutServe-SLD’s Challenge to Military Trans Ban on Course to Proceed to Trial

“We look forward to putting the capriciousness and cruelty of this discriminatory ban against transgender people on trial, where it can be relegated for good to the trash heap of history, alongside other vile military policies that discriminated based on race, sex, and sexual orientation.”

A federal court in Seattle rejected the Trump Administration’s claim that its “new” discriminatory plan to ban transgender people from serving openly in the U.S. Armed Services passes muster.  Instead, the court found that the implementation plan the Administration issued in late March was not a new policy but rather threatens the very same constitutional violations and that the lawsuit brought by Lambda Legal and OutServe-SLDN can proceed to trial. Furthermore, the court also found that the effort to ban transgender people from military service must meet the most demanding level of scrutiny because it so clearly targets transgender people. Meanwhile, the preliminary injunction the court previously granted remains in place, preventing the implementation of the ban pending trial.

“The court wants to expose this bigoted ban for all of its ugliness at trial, and we are happy to oblige. If it’s a full record the judge wants, then it’s a full record we will give her,” Lambda Legal Senior Attorney Natalie Nardecchia said. “We look forward to putting the capriciousness and cruelty of this discriminatory ban against transgender people on trial, where it can be relegated for good to the trash heap of history, alongside other vile military policies that discriminated based on race, sex, and sexual orientation.”

“Until the ban is put on trial, transgender people serving or wishing to serve in the military are protected by four separate court injunctions barring its implementation,” Lambda Legal Senior Attorney Peter Renn added. “If history is any prediction of the future, the ban is still doomed at its next reckoning.”

Today’s ruling came in response to several motions argued late last month before the U.S. District Court for the Western District of Washington. While the judge did not grant the Motion for Summary Judgment requested by Lambda Legal and OutServe-SLDN, the court also rejected the Trump Administration’s Motion to Dismiss President Trump from the lawsuit.

“I remain resolute,” Staff Sergeant Cathrine (“Katie”) Schmid said. “I will continue to perform my duties as I always have. Being transgender has no impact on my ability to perform those duties, and I look forward to demonstrating that, both in court and at my unit every day.”

”While it does not grant the ultimate relief—a judgment without trial—the court’s decision gets us well on the way to defeating this ban,” OutServe-SLDN Legal Director Peter Perkowski said. “Significantly, the court rejected the government’s position that last month’s announcement was a ‘new policy,’ it kept the preliminary injunction in place, and set a high bar for the government to prevail. We remain confident that the facts presented at trial will prove determinative and we can finally put this discriminatory and harmful ban out of our misery.”

In the lawsuit, Lambda Legal and OutServe-SLDN represent nine individual plaintiffs and three organizational plaintiffs. The individual plaintiffs, all of whom are transgender, include:

•            Staff Sergeant Cathrine (“Katie”) Schmid, a 33-year-old woman and 12-year member of the U.S. Army currently serving in Joint Base Lewis-McChord in Washington, who has applied to become an Army Warrant Officer;

•            Petty Officer Terece Lewis, a 33-year-old woman and 14-year member of the U.S. Navy serving on the U.S.S. John C. Stennis out of Bremerton, Washington;

•            Chief Warrant Officer Lindsey Muller, a 36-year-old woman and 17-year member of the U.S. Army serving at Camp Humphreys in South Korea;

•            Petty Officer Second Class Phillip Stephens, a 30-year-old man and five-year member of the U.S. Navy serving at Eglin Air Force Base near Valparaiso, Florida;

•            Petty Officer Second Class Megan Winters, a 29-year-old woman and five-year member of the U.S. Navy serving in the Office of Naval Intelligence in Washington, D.C.;

•            Ryan Karnoski, a 23-year-old Seattle man who currently works as a social worker and wishes to become an officer doing social work for the military;

•            Conner Callahan, a 29-year-old man who currently works in law enforcement in North Carolina;

•            Drew Layne, a recent high-school graduate from Corpus Christi, Texas, who is 17 years old and, with parental support, wants to join the Air Force; and

•            A ninth individual currently serving in the military who remains anonymous.

The organizational plaintiffs are the Human Rights Campaign (HRC), Seattle-based Gender Justice League, and the American Military Partner Association (AMPA), who joined the lawsuit on behalf of their transgender members harmed by the ban. The case has also been joined by the state of Washington.

In October, a U.S. District Court judge in Washington, D.C., granted a preliminary injunction in a similar lawsuit challenging the transgender military service ban filed by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD). In November, a U.S. District Court judge in Maryland granted a preliminary injunction in a case filed by the American Civil Liberties Union. And, in December, in addition to the ruling out of Seattle, a U.S. District Court judge in California granted a preliminary injunction in a case filed by Equality California, also joined by NCLR and GLAD. The D.C. and Fourth Circuit Courts of Appeals denied the Trump Administration’s efforts to secure stays on open enlistment in the two earlier cases.

The lawsuit is Karnoski v. Trump. Read today ruling here: www.lambdalegal.org/in-court/legal-docs/karnoski_wa_20180413_opinion. Read more about the case here: www.lambdalegal.org/in-court/cases/karnoski-v-trump

The Lambda Legal attorneys working on the case are: Peter Renn, Camilla B. Taylor, Tara Borelli, Natalie Nardecchia, Sasha Buchert, Kara Ingelhart, and Carl Charles. They are joined by co-counsel Peter Perkowski of OutServe-SLDN. Also on the legal team are pro-bono co-counsel at Kirkland & Ellis LLP and Newman Du Wors LLP.

Statements from Organizational Plaintiffs:

“The upcoming trial will only serve to further demonstrate that this impulsively tweeted ban is fueled by nothing more than the president’s personal prejudices,” said HRC National Press Secretary Sarah McBride. “Transgender people are serving with distinction and enlisting with bravery this very moment and there continues to be no legitimate rationale to change that. We continue to stand with all transgender service members and enlistees in this fight — and we thank our attorneys at Lambda Legal and Outserve-SLDN for their tireless work.”

“We are confident that justice will prevail as the unconscionable Trump-Pence transgender military ban is weighed against the facts in court,” said American Military Partner Association President Ashley Broadway-Mack. “Our transgender service members are serving our nation with pride, and it’s time that Donald Trump and Mike Pence abandon their vicious assault and begin supporting them as the brave American heroes they are. No administration can claim to truly support our military while singling out some service members for blatant and unfounded discrimination just because of who they are.”

www.hrc.org/blog/lambda-legal-challenge-to-military-trans-ban-to-proceed-to-trial1?utm_source=rss&utm_medium=rss-feed

Lambda Legal Challenge to Military Trans Ban on Course to Proceed to Trial

Lambda Legal Challenge to Military Trans Ban on Course to Proceed to Trial

“We look forward to putting the capriciousness and cruelty of this discriminatory ban against transgender people on trial, where it can be relegated for good to the trash heap of history, alongside other vile military policies that discriminated based on race, sex, and sexual orientation.”

A federal court in Seattle rejected the Trump Administration’s claim that its “new” discriminatory plan to ban transgender people from serving openly in the U.S. Armed Services passes muster.  Instead, the court found that the implementation plan the Administration issued in late March was not a new policy but rather threatens the very same constitutional violations and that the lawsuit brought by Lambda Legal and OutServe-SLDN can proceed to trial. Furthermore, the court also found that the effort to ban transgender people from military service must meet the most demanding level of scrutiny because it so clearly targets transgender people. Meanwhile, the preliminary injunction the court previously granted remains in place, preventing the implementation of the ban pending trial.

“The court wants to expose this bigoted ban for all of its ugliness at trial, and we are happy to oblige. If it’s a full record the judge wants, then it’s a full record we will give her,” Lambda Legal Senior Attorney Natalie Nardecchia said. “We look forward to putting the capriciousness and cruelty of this discriminatory ban against transgender people on trial, where it can be relegated for good to the trash heap of history, alongside other vile military policies that discriminated based on race, sex, and sexual orientation.”

“Until the ban is put on trial, transgender people serving or wishing to serve in the military are protected by four separate court injunctions barring its implementation,” Lambda Legal Senior Attorney Peter Renn added. “If history is any prediction of the future, the ban is still doomed at its next reckoning.”

Today’s ruling came in response to several motions argued late last month before the U.S. District Court for the Western District of Washington. While the judge did not grant the Motion for Summary Judgment requested by Lambda Legal and OutServe-SLDN, the court also rejected the Trump Administration’s Motion to Dismiss President Trump from the lawsuit.

“I remain resolute,” Staff Sergeant Cathrine (“Katie”) Schmid said. “I will continue to perform my duties as I always have. Being transgender has no impact on my ability to perform those duties, and I look forward to demonstrating that, both in court and at my unit every day.”

”While it does not grant the ultimate relief—a judgment without trial—the court’s decision gets us well on the way to defeating this ban,” OutServe-SLDN Legal Director Peter Perkowski said. “Significantly, the court rejected the government’s position that last month’s announcement was a ‘new policy,’ it kept the preliminary injunction in place, and set a high bar for the government to prevail. We remain confident that the facts presented at trial will prove determinative and we can finally put this discriminatory and harmful ban out of our misery.”

In the lawsuit, Lambda Legal and OutServe-SLDN represent nine individual plaintiffs and three organizational plaintiffs. The individual plaintiffs, all of whom are transgender, include:

•            Staff Sergeant Cathrine (“Katie”) Schmid, a 33-year-old woman and 12-year member of the U.S. Army currently serving in Joint Base Lewis-McChord in Washington, who has applied to become an Army Warrant Officer;

•            Petty Officer Terece Lewis, a 33-year-old woman and 14-year member of the U.S. Navy serving on the U.S.S. John C. Stennis out of Bremerton, Washington;

•            Chief Warrant Officer Lindsey Muller, a 36-year-old woman and 17-year member of the U.S. Army serving at Camp Humphreys in South Korea;

•            Petty Officer Second Class Phillip Stephens, a 30-year-old man and five-year member of the U.S. Navy serving at Eglin Air Force Base near Valparaiso, Florida;

•            Petty Officer Second Class Megan Winters, a 29-year-old woman and five-year member of the U.S. Navy serving in the Office of Naval Intelligence in Washington, D.C.;

•            Ryan Karnoski, a 23-year-old Seattle man who currently works as a social worker and wishes to become an officer doing social work for the military;

•            Conner Callahan, a 29-year-old man who currently works in law enforcement in North Carolina;

•            Drew Layne, a recent high-school graduate from Corpus Christi, Texas, who is 17 years old and, with parental support, wants to join the Air Force; and

•            A ninth individual currently serving in the military who remains anonymous.

The organizational plaintiffs are the Human Rights Campaign (HRC), Seattle-based Gender Justice League, and the American Military Partner Association (AMPA), who joined the lawsuit on behalf of their transgender members harmed by the ban. The case has also been joined by the state of Washington.

In October, a U.S. District Court judge in Washington, D.C., granted a preliminary injunction in a similar lawsuit challenging the transgender military service ban filed by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD). In November, a U.S. District Court judge in Maryland granted a preliminary injunction in a case filed by the American Civil Liberties Union. And, in December, in addition to the ruling out of Seattle, a U.S. District Court judge in California granted a preliminary injunction in a case filed by Equality California, also joined by NCLR and GLAD. The D.C. and Fourth Circuit Courts of Appeals denied the Trump Administration’s efforts to secure stays on open enlistment in the two earlier cases.

The lawsuit is Karnoski v. Trump. Read today ruling here: www.lambdalegal.org/in-court/legal-docs/karnoski_wa_20180413_opinion. Read more about the case here: www.lambdalegal.org/in-court/cases/karnoski-v-trump

The Lambda Legal attorneys working on the case are: Peter Renn, Camilla B. Taylor, Tara Borelli, Natalie Nardecchia, Sasha Buchert, Kara Ingelhart, and Carl Charles. They are joined by co-counsel Peter Perkowski of OutServe-SLDN. Also on the legal team are pro-bono co-counsel at Kirkland & Ellis LLP and Newman Du Wors LLP.

Statements from Organizational Plaintiffs:

“The upcoming trial will only serve to further demonstrate that this impulsively tweeted ban is fueled by nothing more than the president’s personal prejudices,” said HRC National Press Secretary Sarah McBride. “Transgender people are serving with distinction and enlisting with bravery this very moment and there continues to be no legitimate rationale to change that. We continue to stand with all transgender service members and enlistees in this fight — and we thank our attorneys at Lambda Legal and Outserve-SLDN for their tireless work.”

“We are confident that justice will prevail as the unconscionable Trump-Pence transgender military ban is weighed against the facts in court,” said American Military Partner Association President Ashley Broadway-Mack. “Our transgender service members are serving our nation with pride, and it’s time that Donald Trump and Mike Pence abandon their vicious assault and begin supporting them as the brave American heroes they are. No administration can claim to truly support our military while singling out some service members for blatant and unfounded discrimination just because of who they are.”

www.hrc.org/blog/lambda-legal-challenge-to-military-trans-ban-to-proceed-to-trial1?utm_source=rss&utm_medium=rss-feed

Jim Parsons accepts Stephen F. Kolzak Award from Ryan Murphy and ‘Boys In The Band’ cast mates

Jim Parsons accepts Stephen F. Kolzak Award from Ryan Murphy and ‘Boys In The Band’ cast mates

Jim Parsons, the out actor popularly known for his role as Sheldon on CBS’ The Big Bang Theory, took home one of the highest honors of the night at the 29th Annual GLAAD Media Awards in Los Angeles on Thursday. The Stephen F. Kolzak Award is given to an LGBTQ media professional who has made a significant difference in promoting LGBTQ acceptance. The award was presented to Parsons by friend and colleague, Ryan Murphy, with a surprise appearance by Parson’s ‘Boys In The Band’ cast mates Matt Bomer, Zachary Quinto, Andrew Rannells, Robin De Jesus, Brian Hutchinson, Charlie Carver, Michael Benjamin Washington, and Tuc Watkins. For tickets visit: www.broadway.com/shows/boys-band/

Parsons and Murphy worked together in the past on the HBO television movie, The New Normal, which received a GLAAD Media Award in 2015. They are currently working on the upcoming Broadway play, Boys In The Band, with Murphy producing and Parsons set to star. The 29th Annual GLAAD Media Awards in Los Angeles will air exclusively on Logo on April 18, 2018 at 8pm ET/PT.

The Stephen F. Kolzak award is named after a legendary casting director, who devoted the last part of his life to raising awareness in the entertainment industry about the discrimination faced by LGBTQ people as well as people living with HIV. Previous Stephen F. Kolzak honorees include Laverne Cox, Ellen DeGeneres, Troye Sivan, Ruby Rose, Chaz Bono, Wanda Sykes, Melissa Etheridge, Alan Ball, Pedro Zamora, Martina Navratilova, Paris Barclay, Robert Greenblatt, and Sir Ian McKellen.

Parsons will star in the upcoming film A Kid Like Jake, in which he will play the father of a young boy exploring his gender identity.

“Jim Parsons’ talent, humor, and impressive body of work have made him one of the most visible and beloved out LGBTQ actors today,” GLAAD’s President and CEO Sarah Kate Ellis said in a statement. “Parsons not only proudly tells LGBTQ stories through his roles, but also works behind the camera with his husband Todd to tell LGBTQ stories that raise the bar for Hollywood and inspire acceptance.”

The 29th Annual GLAAD Media Awards are presented by Delta Air Lines, Gilead, Ketel One Family-Made Vodka, and Wells Fargo. The GLAAD Media Awards recognize and honor media for their fair, accurate, and inclusive representations of the LGBTQ community and the issues that affect their lives. The GLAAD Media Awards also fund GLAAD’s work to amplify stories from the LGBTQ community and issues that build support for equality and acceptance.

April 13, 2018

www.glaad.org/blog/jim-parsons-accepts-stephen-f-kolzak-award-ryan-murphy-and-%E2%80%98boys-band%E2%80%99-cast-mates

Despite Anti-LGBTQ Efforts, Equality Pushing Forward

Despite Anti-LGBTQ Efforts, Equality Pushing Forward

As legislative sessions continue in state capitols across the country, HRC is tracking more than 113 anti-LGBTQ bills and more than 178 pro-equality bills introduced in state legislatures. Twenty-nine legislatures are currently in session.

Despite broad support for LGBTQ equality and the historic national win on marriage equality in 2015, some state lawmakers have continued to advance an anti-LGBTQ agenda. HRC’s 2017 State Equality Index tracked last year’s continued attacks on the LGBTQ community, monitoring 129 bills introduced in 30 states designed to restrict the rights of LGBTQ individuals and their families. And the attacks are continuing in 2018.

But we aren’t just on the defense, we’re also working to pass pro-equality bills across the country. With more than 178 pro-LGBTQ bills filed, we are working hard with our local partners to make sure we are gaining ground in our fight for LGBTQ equality.

A recent Washington Post analysis found that despite more than 110 anti-LGBTQ bills introduced across the country, none have passed. In previous years, anti-equality lawmakers in both North Carolina and Texas paid big, and many legislatures are “losing their appetite” to move anti-LGBTQ bills, said HRC State Legislative Director Cathryn Oakley.

Here are major updates from this week:

Alaska

Anchorage voters soundly rejected Proposition 1 — a dangerous ballot measure that sought to eliminate existing municipal non-discrimination protections for transgender people. The ballot measure would have also enshrined discrimination into law by forcing transgender people to use facilities that are inconsistent with their gender identity. HRC served on the executive committee for Fair Anchorage, a coalition that includes local organizations such as the ACLU of Alaska, Planned Parenthood of the Great Northwest and Hawaiian Islands and the Alaskans Together for Equality, Identity and Pride Foundation. HRC worked with Fair Anchorage to uphold the city’s LGBTQ non-discrimination ordinance and had field staff working on the ground with the campaign to mobilize opposition to Proposition 1 and elevate transgender voices and stories in the fight.

BREAKING: In a historic vote, #Anchorage voters refused to succumb to hate and bigotry by voting #NoOnProp1 — a dangerous, anti-transgender ballot measure crafted to enshrine discrimination into law. t.co/2jwuV0qFjI pic.twitter.com/3XcDSl9YC3

— Human Rights Campaign (@HRC) April 7, 2018

California

Last week, AB 2943, a bill to expand existing state protections against conversion therapy using state consumer protection law, received a “do pass” recommendation from the Assembly Committee on Privacy and Consumer Protection by a vote of 8-2 and was referred to the Judiciary Committee. On April 10, the bill was heard by the Assembly Judiciary Committee and received a recommendation of “do pass” with a vote of 8-1.  It now goes to the Assembly for a vote.

Colorado

Last week, HB 1245, a bill to protect youth from conversion therapy, passed the House. The bill was assigned to the Senate State, Veterans and Military Affairs Committee, where it will have a hearing on April 23. In three previous sessions, this bill has passed the House but not the Senate. This committee is the same body that killed the bill last session on a party line vote of 3-2. Advocates are mobilizing to communicate their support for the bill to committee members. Another bill of interest, HB 1256, will be heard by the Senate Judiciary Committee on April 18.  If passed, HB 1256 would restore funding to the Colorado Civil Rights Division, the department charged with protecting the civil rights of all Coloradans in employment, housing and public accommodations. In February, Republicans on the committee voted to block funding for the crucially important division. In addition to investigating claims of discrimination in Colorado, the body provides training and outreach about non-discrimination laws to the general public, local businesses, community groups and federal agencies. The bill now goes to the Senate.

The Colorado House passed HB18-1245 — a bill to protect #LGBTQ youth in the state from the dangerous practice of “conversion therapy.” We urge the Senate to pass this crucially important bill. t.co/bKrw9wqc4c

— Human Rights Campaign (@HRC) April 8, 2018

Hawaii

This week, Hawaii’s House of Representatives passed SB 270,  legislation protecting LGBTQ youth from the dangerous and debunked practice of so-called “conversion therapy.” The version that passed l the House included several amendments, sending it to conference committee before it can move to Governor David Ige’s desk. Last month, Hawaii’s State Senate passed the bill with only one senator voting against the bill.

It is time Hawaii join the growing number of states enacting laws to protect #LGBTQ youth from “conversion therapy.” We urge state legislators to swiftly advance #SB270 through conference committee and send it to @GovHawaii David Ige’s desk. t.co/ng1NZWYniy

— Human Rights Campaign (@HRC) April 10, 2018

Kansas

The Kansas legislature was tentatively scheduled to adjourn on April 6 but, following the passage of a critical school finance bill, it went into recess instead of adjourning. The conference process now continues on HB 2481, a broad adoption bill passed by the Kansas House first as a clean bill, and then by the Senate, which amended it to include an anti-LGBTQ license to discrminate provision. As amended by the Senate, HB 2481 would create a license to discriminate for taxpayer-funded child placement agencies that refuse to place children with LGBTQ foster or adoptive parents, single parents or any parents who don’t meet a contractor’s religious criteria.  In response, the House rejected the changes made by the Senate and the bill was sent to a conference committee. To pass, the bill will either need to be resolved by the conference committee or would face a reconsideration of the House vote not to concur.  The Kansas legislature is scheduled to come back on April 26.

Maine

On April 12, LD912, a bill to protect youth from the harmful practice of conversion therapy passed the House with a vote of 76-88. Early last month, the vital legislation passed out of joint committee. The bill is expected to get a Senate floor vote before end of session on April 18.

BREAKING: The Maine House of Representatives passes legislation to protect #LGBTQ youth from the dangerous and discredited practice of so-called “conversion therapy.” t.co/NmFdZDzXz7

— Human Rights Campaign (@HRC) April 12, 2018

New Hampshire

On April 10, HB 587, a bill to protect youth from conversion therapy, was heard in the Senate Health and Human Services Committee. The committee amended and passed the bill on April 12. HRC Legislative Counsel Xavier Persad testified in support of the bill. The bill previously passed the House in January. HB1319, a transgender non-discrimination bill, passed out of the House to the Senate. In the Senate, it was assigned to the Senate Judiciary Committee and awaits a hearing date, perhaps as early as next week.

Oklahoma

On April 11, SB 1140, a license to discriminate in child welfare services bill, passed the House Judiciary Committee as amended. The bill, which had already been passed by the Oklahoma Senate, would make it harder for kids to find foster and adoptive families by allowing taxpayer-funded government contractors to refuse to work with LGBTQ individuals, same-sex families or other qualified prospective parents who don’t meet an contractor’s religious criteria. While the amendment added in committee would reduce the number of children harmed by the bill, the amendment could well be stripped out during floor debate.  Regardless, with or without the amendment, the bill creates a license to discriminate and HRC strongly opposes it in any form. On April 11, HRC President Chad Griffin stood alongside Freedom Oklahoma and other advocates to discuss the harms this bill would cause and to encourage Oklahomans to contact their representatives to voice their opposition SB 1140’s discriminatory measure.

ICYMI: @HRC President @ChadHGriffin and staff joined Freedom Oklahoma at the Oklahoma State Capitol to oppose #SB1140, a proposed license to discriminate in the provision of child welfare services. t.co/zE1QRcS05N pic.twitter.com/mozJq6vmrR

— Human Rights Campaign (@HRC) April 12, 2018

Tennessee

HRC has been working on the ground alongside the Tennessee Equality Project to oppose SB 2480 and HB 2620, two anti-transgender bills that would force the state’s attorney general to either defend or pay for the defense of anti-transgender policies adopted by schools.  Last week, SB 2480 failed in the Senate Judiciary. This week, HB 2620, a bill that had already been taken off notice but then added to the calendar in a bit of procedural trickery, was finally taken off notice for good. The Tennessee legislature is expected to adjourn on April 16.

www.hrc.org/blog/despite-anti-lgbtq-efforts-equality-pushing-forward?utm_source=rss&utm_medium=rss-feed