With Republicans threatening to reverse LGBTQ civil rights and generally undermine democratic elections, there’s a lot riding on the November midterms. But Voter ID laws across the nation could seriously impair transgender people from voting.
New research from The Williams Institute found that out of 878,300 eligible transgender voters in the U.S., as many as 203,700 could be blocked from voting because their government-issued IDs don’t reflect their gender identity — that’s nearly one-fourth of all eligible trans voters.
If a trans person arrives at a polling place with a government-issued ID containing an incorrect gender or name, they may be turned away by poll workers who think they’re trying to “impersonate” another individual.
203,700 disenfranchised trans voters is roughly the entire population of Salt Lake City, Utah; Little Rock, Arkansas; Amarillo, Texas; or Grand Rapids, Michigan, according to U.S. Census data.
Changing an ID isn’t always easy, and “transgender people of color, young adults, people with low incomes, and people with disabilities are more likely to not have accurate IDs for voting,” the Williams Institute wrote.
Trans people face numerous barriers to changing their ID gender markers. The process can take lots of time and money and require access to medical care that many trans people don’t have.
According to the Movement Advancement Project, 10 states require documentation from a medical provider in order to change a trans person’s gender marker; 8 states require proof of surgery, court order, or an amended birth certificate; and 10 states have “burdensome” or “unclear” policies on changing such gender markers.
Changing a birth certificate to get a new ID can also present problems: 12 states require trans people to undergo a gender-affirming surgery before officials will revise a birth certificate; 4 states don’t allow any changing of birth certificate gender markers whatsoever.
Name changes aren’t always easy either. Nine states require people to publicly post their name change requests online, something that can make them a target for harassment or violence.
An estimated 414,000 eligible trans voters live in the 31 states that predominantly have in-person voting and require voter ID. Nearly half of trans voters in those states don’t have an ID that accurately reflects their gender or name. Additionally, 64,800 eligible trans voters live in states that have very strict voter ID laws.
The exclusion of trans voters is particularly concerning as Republicans introduce anti-trans legislation across the country.
Republicans have ostensibly introduced voter ID laws as a way to stop the nearly nonexistent problem of voter fraud. But both the American Civil Liberties Union and The Brennan Center for Justice have called voter ID laws a form of “voter suppression” that mostly disenfranchises Democratic voters.
An anti-LGBTQ group marched Sunday in Istanbul, demanding that LGBTQ associations be shuttered and their activities banned, in the largest demonstration of its kind in Turkey.
Several thousand people joined the demonstration dubbed “The Big Family Gathering.” Kursat Mican, a speaker for the organizers, said they had gathered more than 150,000 signatures to demand a new law from Turkey’s parliament that would ban what they called LGBTQ propaganda, which they say pervades Netflix, social media, arts and sports.
Hatice Muge, who works as a nanny, came to the gathering from Bursa province.
“People are here despite the rain for their children, for future generations,” she said, urging the Turkish government to take action. “They should save the family, they should save the children from this filth.”
The group held banners that read: “Protecting the family is a national security issue.”
LGBTQ parades have not been allowed in Turkey since 2015.
Ahead of Sunday’s demonstration, the organizers circulated a video using images from past LGBTQ Pride marches in Turkey. The video was included in the public service announcement list of Turkey’s media watchdog.
The video and the demonstration prompted an outcry from LGBTQ associations and other rights groups. The organizers of Istanbul Pride called on the governor’s office to ban the event and authorities to take down the video, arguing both were hateful.
ILGA Europe, which works for LGBTQ equality, tweeted it was extremely concerned about the risks of violence.
“The Turkish state needs to uphold its constitutional obligation to protect all its citizens against hate and violence,” it said.
Amnesty International’s Turkey office said public service announcements listing the event violated Turkey’s equality and non-discrimination principles.
Top Turkish officials have called LGBTQ people “perverts” who aim to hurt traditional family values.
It was advertised as a “fun-filled afternoon” in a Bronx library with a “local celebrity/author who encourages you to embrace your own uniqueness.”
Instead, the free event planned at the Morrisania Library starring drag artist Desmond Napoles was canceled after the teenaged celebrity received hate-filled and violent threats — a trend that has led to many other family-oriented LGBTQ events being canceled across the nation.
The nasty attacks on Desmond — a high school sophomore who likes to volunteer at the New York Public Library “because it’s really fun and it gives me something to do during the summer” — came after the Morrisania Library announced that Desmond would present two teen-focused sessions reading from their book, “Be Amazing: A History of Pride.”
In July 2022, Conservative MP Nadhim Zahawi sparked fears of a return to Section 28 when he promised to “protect” children from “radical activists”.
The former education secretary, currently serving as equalities minister in Liz Truss’ cabinet, made his comments while launching a failed leadership bid to become PM.
For LGBTQ+ people, alarm bells rang.
Zahawi’s suggestion that children are being subjected to “damaging and inappropriate nonsense” sounded a lot like Margaret Thatcher’s infamous 1987 speech in which she said kids were being taught they had an “inalienable right” to be gay.
Section 28, which came into effect in 1988, banned the “promotion of homosexuality” by local authorities. It gave rise to a culture of fear that stopped teachers from talking to kids about LGBTQ+ issues, and the scars run deep for queer people who grew up under its shadow.
It was repealed in Scotland in 2000, and in England and Wales in 2003.
More than 30 years on, a culture of hostility for LGBTQ+ people is threatening to boil over. Anti-trans sentiment is at an all-time high, with hit pieces appearing in the right wing press almost daily.
Comments from senior Tories such as Zahawi, Suella Braverman and Liz Truss herself have led some to question whether there could be a new version of Section 28, this time focused on trans issues, right around the corner.
UK government could ‘create an atmosphere’ that discourages LGBTQ+ inclusion
Sue Sanders is chair of Schools OUT UK, an organisation that works to eliminate prejudice from schools. She doesn’t think the Tories would be “foolish enough” to enact a new version of Section 28 – but is concerned the government might introduce guidance that could make schools a cold environment for LGBTQ+ youth.
“I think they’ll do it through producing the sort of language we’ve seen from the likes of Suella Braverman,” Sanders tells PinkNews.
LGBTQ+ advocates have called on Liz Truss to “build bridges” with the queer community after she was elected the new Conservative Party leader. (Getty)
“They’ll make statements which will cause an atmosphere and will then promote self-censorship in teachers unless we give them the resources and the confidence to say, look, you’re still legally able to do this stuff,” Sanders says.
“It’s the stirring of the atmosphere that the media and right-wing politicians do which then makes the atmosphere very unsupportive.”
‘Section 28 had a profound effect on kids and teachers’
Reflecting on Section 28, Sanders says it was “horrendous”.
It created a culture that forced teachers back into the closet and starved children of LGBTQ+ representation and discussion in the classroom.
“The trauma that both teachers and kids went through is something that some of them have not in any way recovered from,” Sanders says.
“It would have had a profound effect on kids and teachers alike… I’m sure we had suicides because of it.
“What’s needed is our teachers’ unions to be very clear and to keep sending out guidance and clarity on where they stand legally.”
Tories want to ‘cement their power’
Drag Race UK star Divina De Campo grew up under Section 28. She says the UK was “incredibly homophobic” during the ’80s and ’90s, and Thatcher’s government was quick to capitalise on that.
What’s happening today around trans rights and anti-LGBTQ+ sentiment isn’t dissimilar to what happened then, de Campo says – the Conservative Party has targeted Muslims, migrants and, most recently, the trans community.
“Section 28 created a hostile environment, which is exactly what the Tory party have done again but for other people,” de Campo tells PinkNews.
She points out that the government instructed schools to not use materialsfrom organisations that oppose capitalism in 2020 – for de Campo, that suggests they could do the same with LGBTQ+ issues.
“They’ll do exactly like they did in the ’80s and they’ll use [us] to try and cement their power,” de Campo says.
Drag Race’s Divina De Campo. (Santiago Felipe/Getty)
The media and political figures are driving a moral panic about trans people because it pays to do so, de Campo says. The media is trying to create an “emotional reaction”, whereas the government is listening to the wrong people.
“Rishi Sunak and Liz Truss have both said, ‘Is a trans woman a woman? No.’ They very clearly said that.
“For 20 years we’ve operated under a system where trans women are women so there’s plenty of data about whether trans people are a danger to society in the way they’re being painted and the fact is, no, and we’ve got plenty of evidence about whether self-ID is a danger to women and the answer is no.”
‘Show solidarity, just like we did with the miners’
De Campo says the solution is solidarity – people from marginalised backgrounds need to come together and fight the oppression that’s coming from government. It’s the best way to avoid a repeat of Section 28 in the future.
“If we’re not going to see it get as bad as it was then, now is the time for us to organise,.
“We need to do exactly like we did before. It becomes about solidarity with other groups – showing solidarity with the Muslim community, with the Jewish community, with working class people who are all going to be struggling a lot through the winter and through next year.”
She continues: “It’s going to become about writing to your MP, showing solidarity, just like we did with the miners – just like how it worked before. That’s what we’ve got to do.”
Few have confidence in Truss
It’s vital we avoid a new version of Section 28 because its effects were so far-reaching, according to LGBTQ+ rights activist Peter Tatchell. It had a “devastating effect” on LGBTQ+ teenagers and caused many to suffer from anxiety, depression and self-harm.
The problem is that avoiding Section 28-like policies could be difficult under a government that’s decidedly right-wing.
LGBTQ+ activist Peter Tatchell. (Karwai Tang/WireImage)
“The Tories have shifted to the right under Liz Truss,” Tatchell tells PinkNews.
“They are waging a culture war against our community and see political mileage in appealing to their conservative bases.”
He says the future for LGBTQ+ rights in the UK right now is “gloomy”.
“Regression seems more likely than progress. We’ve already witnessed more than four years of delay in banning conversion therapy and trans people will not be protected if the legislation finally gets tabled. Reform of the Gender Recognition Act has been kicked into the long grass, despite a majority of those who responded to the public consultation urging change.
“The government wants to deport LGBTs and other refugees to Rwanda, even though it is not safe. There are rising levels of anti-LGBT+ hate crime and no serious government action to remedy it.”
Tatchell has “no trust or confidence” that anything will improve for LGBTQ+ people under Truss’ rule.
“She’s appointed a cabinet dominated by homophobes, including some who oppose marriage equality and trans rights.”
Much is uncertain for LGBTQ+ people right now, but one thing is certain: queer people are facing into a dark period, and they’re going to have to fight hard to protect their hard-won rights.
More than 1,600 books were banned in over 5,000 schools during the last school year, with most of the bans targeting titles related to the LGBTQ community or race and racism, according to a new report.
It found that there were 2,532 instances of individual books’ being banned, which affected 1,648 titles — meaning the same titles were targeted multiple times in different districts and states.
Books were banned in 5,049 schools with a combined enrollment of nearly 4 million students in 32 states, the report found.
Because PEN America stuck to documented cases of bans, which included reports to the group from parents and school staff members and news reports about book bans, the report says its data most likely undercounts the true number of bans.
Suzanne Nossel, the CEO of PEN America, said the recent efforts to ban books are a new phenomenon that has been led primarily by a small number of conservative advocacy groups that believe parents don’t have enough control over what their children are learning.
“We all can agree that parents deserve to and are entitled to a say over their kids’ education,” Nossel said at a news conference PEN America hosted Monday. “That’s absolutely essential. But fundamentally, that is not what this is about when parents are mobilized in an orchestrated campaign to intimidate teachers and librarians to dictate that certain books be pulled off shelves even before they’ve been read or reviewed. That goes beyond the reasonable, legitimate entitlement of a parent to have a give-and-take with the school — things that are enshrined in parent-teacher conferences and PTAs.”
Preliminary data released Friday by the American Library Association, or ALA, found that the number of attempts to ban or restrict library resources in schools, universities and public libraries is on track to exceed the record counts of 2021.
From Jan. 1 to Aug. 31, the ALA documented 681 attempts to ban or restrict library resources, with 1,651 library titles being targeted, compared to 729 attempts for all of last year, with 1,597 books targeted.
The PEN America report said nearly all of the book bans — 96% — were enacted without schools or districts following the best practice guidelines for book challenges outlined by the ALA and the National Coalition Against Censorship.
Before the wave of book bans, parents would sometimes raise concerns to their children’s schools or teachers about books their children brought home, said Jonathan Friedman, PEN America’s director of free expression and education programs.
But now, conservative groups and parents are Googling to find books that have any LGBTQ content, and then a conservative group adds it to a list of inappropriate books, Friedman said.
“They complain about the books online, the books go on a list, the list takes on a sense of legitimacy, and then it being on the list leads a school district to react to that list and take it seriously,” Friedman said, adding that in nearly all of the cases, the cycle happens without respect for process or policy.
Friedman pointed to a case in Walton County, Florida, where a popular children’s book called “Everywhere Babies” landed on a banned books list last spring. A few of the illustrations include what could be interpreted as same-sex couples, but they are never identified as such in the text. The Florida Citizens Alliance, a conservative nonprofit group focused on education, included it in its 2021 “Porn in Schools Report.”
The five LGBTQ books on the ALA’s list of the Top 10 Most Challenged Books of 2021. Candlewick Press; Hot Key Books; Oni Press; Algonquin Books; Farrar, Straus and Giroux
Of the 1,648 titles that were banned last year, the report found, 41% explicitly address LGBTQ themes or have protagonists or prominent secondary characters who are LGBTQ, and 40% include protagonists or secondary characters of color.
More than one-fifth (21%) directly address issues of race and racism, and 22% include sexual content of varying kinds, including novels with some level of description of sexual experiences of teenagers; stories about teen pregnancy, sexual assault and abortion; and informational books about puberty, sex or relationships.
The report estimates that at least 40% of the bans listed on PEN America’s Index of School Book Bans are connected to proposed or enacted legislation or to political pressure from elected officials to restrict the teaching of certain concepts.
PEN America also found at least 50 groups involved in pushing for book bans, 73% of which have formed since last year. One of the largest is Moms for Liberty, a group advocating for parental rights, which lists more than 200 local chapters on its website.
Tiffany Justice, a co-founder of Moms for Liberty, said teachers should value parents’ input.
“I mean, there’s not two sides to this issue,” Justice said in an interview on “CBS Saturday Morning.” “There are moms who love their kids, who don’t want pornography in school, and then there are people who do want pornography in school. I think that the book issue has been used to try to marginalize and vilify parents. And the truth is there is no place for pornography in public schools.”
The 50 groups identified by the report have been involved in at least half of the book bans enacted last year, and at least 20% of the bans can be directly linked to the actions of the groups, the report found.
The most frequently banned books were “Gender Queer: A Memoir,” by Maia Kobabe, followed by “All Boys Aren’t Blue,” by George M. Johnson, and “Out of Darkness,” by Ashley Hope Pérez, the report found.
Pérez said what’s striking about her book’s being banned in 24 school districts is that it was published in 2015 and wasn’t challenged until last year. She said that some right-wing groups have used words like “pornographic,” “inappropriate,” “controversial” and “divisive” to describe the banned books and that the books they describe are most often by or about nonwhite people and other minorities.
“The books are a pretext. It is a proxy war on students who share the marginalized identities of the authors and characters in the books under attack,” she said at Monday’s news conference. “It is a political strategy. The goal is to stir up right-wing political engagement by drawing still brighter lines around targeted identities.”
She said banning books harms students in a few ways. When a student shares a gender or sexual identity with a character in a book and that book is banned, it “sends the message that stories about people like them are not fit for school.”
By giving into their demands, schools give conservative groups an unearned legitimacy, she said.
“When school leaders cave to these pressures, they elevate the questionable judgment of a handful of parents over the professional discretion and training of librarians and educators and, above all, above the needs of students,” she said.
A Black trans woman says her housing complex discriminated against her family and refused to respect her gender identity.
Shayla Anderson and her husband have filed a lawsuit accusing the Grand Fountain apartment complex in Richmond, Texas of discrimination.
“I went to her office, and she said, ‘I’m not going to speak with you about this,’” Anderson told KPRC. “‘I’m not going to speak with you about this, sir.’”
“She took my womanhood and crushed it by calling me sir.”
From there, Anderson reached out to the company in charge of the apartment complex, SunRidge Management Group, who never got back to her.
After filing a complaint with the U.S. Department of Housing and Urban Development, Anderson then posted a video of the property manager approaching her husband and son while they played basketball and accusing them of not living in the building.
The building then demanded Anderson remove the video before issuing their family an eviction notice, despite the fact that they hadn’t received any warnings.
Anderson said she had not been paying rent, but that her lawyers had advised her to stop due to the lawsuit.
In a statement, SunRidge denied all claims of discrimination and stated, “We adhere to the highest standards of managing the Grand Fountain community and comply with all fair housing laws.”
But Anderson is not backing down.
“Because, you’re a big corporation you can’t treat the little people wrong,” she said. “We have a voice as well.”
“A lot of people say, ‘Well, why don’t you move? Why don’t you get out of there?’ Because then I give them the power.”
A Lakota two-spirit person was found dead of gunshot wounds outside Rapid City, South Dakota in August. Acey Morrison, 30, was among at least 30 trans or gender-nonconforming people to die in violent circumstances in the U.S. in 2022.
Morrison’s murder was reported early Sunday morning, August 21, by the owner of the mobile home she occupied in the Country Village Estates RV park.
Morrison came from a large family in South Dakota and Nebraska and worked at the local Walmart and Sam’s Club.
In a tribute published in Native Sun News Today, her family wrote: “Acey was what we call our two-spirit relative. To those she held in her heart and to those who held her in their hearts, seeing her in her wholeness.
“She always had her natural ways in being there for those she loved. She used laughter as medicine and chose self-love to heal wounds. She was the one to open her home up to you, give you her lasts, then inspire you to keep going, ‘this too shall pass.’”
“We will remember her as who she was to each of us: authentic, and unapologetic.”
The Human Rights Campaign reported 50 violent fatalities among trans and gender non-conforming people in 2021, including those who identified as two-spirit. The 2015 U.S. Transgender Survey indicates American Indian and Alaskan Native experienced a physical attack at more than twice the rate of all U.S. respondents, 19% to 9%.
A 2021 report by the Sovereign Bodies Institute and the California Rural Indian Health Board revealed among a small population of Native LGBTQ2S+ people, 90% reported experiencing two or more forms of violence.
Morrison’s family tribute ended: “She navigated this life through her big dreamer eyes and was always headed for the brighter days. So with that, we will remember her as who she was on her brightest days. We wish her healing and that our love be with her on her journey to the other side.”
The Senate won’t vote on legislation to protect same-sex marriage until after the midterm elections, key senators said Thursday, apparently in a bid to give Republicans political space to support the bill without offending their base.
The leader of the effort, Sen. Tammy Baldwin, D-Wis., has been working this month on an amendment to the bill aimed at attracting more Republican votes to overcome a filibuster. But the necessary 10 GOP votes have remained elusive.
“We’re very confident that the bill will pass, but we will need a little more time,” Baldwin told reporters Thursday.
Sen. Susan Collins, R-Maine, said Wednesday that the amendment language they were working on would “make it very clear” that the bill wouldn’t “legalize polygamous marriages” or require churches to “perform same-sex marriages.”
People rally in support of marriage equality outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act on March 27, 2013.Chip Somodevilla / Getty Images file
“I think we’re in very good shape, very good shape. And this bill is going to pass,” Collins said Thursday. “I think we managed to thread the needle on the religious liberty concerns.”
The underlying legislation, which would enshrine federal protections for same-sex marriage, is co-sponsored by Collins and Sen. Rob Portman, R-Ohio, whose son is openly gay. Sen. Thom Tillis, R-N.C., also has said he supports it.
A version of the legislation cleared the House this summer, with 47 Republicans joining all Democrats in voting yes.
Senate Majority Leader Chuck Schumer, D-N.Y., signaled this week that he wanted to kick-start the floor process Thursday, but his office announced a change of course in the afternoon.
Schumer is “extremely disappointed that there aren’t 10 Republicans in the Senate willing to vote yes on marriage equality legislation at this time,” said his spokesperson, Justin Goodman, and because his “main objective is to pass this important legislation, he will adhere to the bipartisan group of Senators’ request to delay floor action.” Schumer is “100 percent committed to holding a vote on the legislation this year,” Goodman added.
Sen. Tammy Baldwin, D-Wis., at the Capitol on May 5.Anna Moneymaker / Getty Images file
Shortly after a bipartisan huddle in Schumer’s office, the group explained why the vote would be delayed.
“We have just put together language that has tremendous respect for the input that we’ve received on religious freedom. But the fact of the matter is it’s only about 18 hours old — less than that,” Tillis told reporters Thursday, adding that senators should have more time to review the five-page amendment.
“There have been some that said the timing of the vote was political,” Tillis said. “This is clearly a situation where we want to make our members feel comfortable with it. Then I’m confident that we’ll ultimately pass it.”
Sen. Roy Blunt, R-Mo., a former House GOP whip, who hasn’t made up his mind about whether to back the bill, argued the vote tally would be higher after Election Day.
“The unreformed whip in me would say you should have a vote when you’ve got the votes,” Blunt said, “but they’ll get more votes in November and December than they’ll get on Monday.”
Backers of the bill have been assigned to reach out to certain Republicans who are on the fence. Sen. Ron Johnson, R-Wis., told NBC News that Sen. Kyrsten Sinema, D-Ariz., was tasked with contacting him and that he’s reviewing the new language, which he received Wednesday night.
Johnson wouldn’t share details of their conversation. He said he has “always enjoyed my work with Sen. Sinema when we worked on” homeland security and border issues, adding, “I respected her genuine effort to try and fix the problem at the border.”
Just hours after a Montana judge blocked health officials from enforcing a state rule that would prevent transgender people from changing the gender on their birth certificate, the Republican-run state on Thursday said it would defy the order.
District Court Judge Michael Moses chided attorneys for the state during a hearing in Billings for circumventing his April order that temporarily blocked a 2021 Montana law that made it harder to change birth certificates.
Moses said there was no question that state officials violated his earlier order by creating the new rule. Moses said his order reinstates a 2017 Department of Public Health and Human Services rule that allowed people to update the gender on their birth certificate by filing an affidavit with the department.
However, the state said it would disregard the ruling.
“The Department thoroughly evaluated the judge’s vague April 2022 decision and crafted our final rule to be consistent with the decision. It’s unfortunate that the judge’s ruling today does not square with his vague April decision,” said Charlie Brereton, director of the Department of Public Health and Human Services.
Brereton said the agency was keeping the rule it issued last week in place and an agency spokesperson said the department is waiting to see the judge’s written order before considering its next steps.
ACLU attorney Malita Picasso expressed dismay with the agency’s stance and said officials should immediately start processing requests for birth certificate changes.
“It’s shocking that after this morning’s hearing the department would allege there was any lack of clarity in the court’s ruling from the bench,” Picasso said. “It was very clear that Judge Moses expressly required a reversion to the 2017 policy, and anything short of that is a continued flagrant violation of the court’s order.”
Such open defiance of judge’s order is very unusual from a government agency, said Carl Tobias, a former University of Montana Law School professor now at the University of Richmond. When officials disagree with a ruling, the typical response is to appeal to a higher court, he said.
“Appeal is what you contemplate — not that you can nullify a judge’s orders. Otherwise, people just wouldn’t obey the law,” Tobias said. “The system can’t work that way.”′
The move could leave state officials open to contempt of court charges, which in some cases can lead to jail time for offenders, Tobias said. He added that the attorneys representing the state were likely aware of the potential consequences but were “caught in the middle” between a recalcitrant agency and the judge.
The legal dispute comes as conservative lawmakers in numerous states have sought to restrict transgender rights, including with bans on transgender girls competing in girls school sports.
The Montana law said people had to have a “surgical procedure” before they could change the sex listed on their birth certificate, something Moses found to be unconstitutional because it did not specify what type of procedure was required.
Gov. Greg Gianforte’s administration then created a new rule that blocked changes to birth certificates entirely, unless there was a clerical error.
Moses said during Thursday morning’s hearing that his April ruling had been “clear as a bell” and compared the state’s subsequent actions to a person twice convicted of assault who tries to change their name following a third accusation to avoid a harsher punishment.
“Isn’t that exactly what happened here?” Moses asked. “I’m a bit offended the department thinks they can do anything they want.”
One of the plaintiffs in the case, Amelia Marquez, said she was disgusted by the state’s response.
“We have people that think that they’re above the law and don’t have to listen to the judiciary branch of our government,” she said.
After learning the state planned to defy the court order, Shawn Reagor with the Montana Human Rights Network said the organization “will not stand by while the Gianforte administration blatantly disregards rulings from the courts to continue a vindictive attack on the trans community.”
Only Tennessee, Oklahoma and West Virginia have sweeping prohibitions against birth certificate changes similar to what Montana has pursued, advocates for transgender rights say. Bans in Idaho and Ohio were struck down in 2020.
A Republican lawmaker who voted in favor of the 2021 law suggested Moses was biased in favor of the plaintiffs in the case. Moses was appointed to the court by former Gov. Steve Bullock, a Democrat.
“Like clockwork, Judge Moses issued yet another predetermined order in favor of liberal plaintiffs without thoroughly engaging with the legal issues at hand,” Sen. Greg Hertz of Polson said in a statement.
The ACLU of Montana had asked Moses to clarify his order after the state health department enacted its new temporary rule effectively banning birth certificate changes a month after Moses handed down his temporary injunction in the case. That rule was made permanent last week.
The state argued the injunction did not prevent the health department from making rules, but Moses said under case law the injunction reinstated the 2017 rules and any other changes are on hold while the case is decided.
State officials denied that the new rule preventing birth certificate changes was adopted in bad faith. Montana Assistant Solicitor Kathleen Smithgall said the state came up with the new rule to fill a gap in regulations after the 2021 law was blocked.
“Judge Moses mischaracterized the words of his own order, the parties’ motives, and the state of the law,” said Kyler Nerison, a spokesperson for Attorney General Austin Knudsen.
A new law in California will help military service members who were discharged under “don’t ask, don’t tell” policies because of their sexual or gender identities to reestablish their eligibility for Veterans Affairs benefits, Gov. Gavin Newsom said Saturday.
“For decades, our bravest heroes, men and women who wore the uniforms of the armed services had to hide who they really were, and many were other than honorably discharged if their sexuality was discovered,” Newsom said in a statement after announcing he had signed the bill.
Gays and lesbians were banned in the military until the 1993 approval of “don’t ask, don’t tell,” which allowed them to serve only if they did not openly acknowledge their sexual orientation. Rather than helping, advocates say, the policy created more problems. In its entire history, the military dismissed more than 100,000 service members based on their sexual or gender identities — 14,000 of them during “don’t ask, don’t tell.”
Repeal of the law was approved by Congress and then President Barack Obama in late 2010 and took effect nine months later, allowing lesbian, gay and bisexual people to serve openly.
The Department of Defense subsequently created a path for veterans who had been discharged under the policy to receive the full range of veterans’ benefits.
“But many veterans sadly don’t know or can’t even access this important process,” Newsom said, adding that some veterans trying to reclaim benefits have had to hire expensive legal counsel and other assistance to navigate the process. “We’re taking steps to fix this.”
The law will require the California Department of Veteran Affairs to establish the Veterans Discharge Upgrade Grant Program to help advise LGBTQ veterans who were discharged under “don’t ask, don’t tell” and to help those who qualify to update and correct their records and access veterans’ benefits.
