The Associated Press

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Tennessee’s penalties for HIV-positive people are discriminatory, DOJ says

Tennessee’s decades-old aggravated prostitution statute violates the Americans with Disabilities Act, the U.S. Department of Justice announced Friday after an investigation, warning that the state could face a lawsuit if officials don’t immediately cease enforcement.

Tennessee is the only state in the United States that imposes a lifetime registration as a “violent sex offender” if convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease.

LGBTQ and civil rights advocates have long criticized the measure as discriminatory, making it almost impossible to find housing and employment due to the restrictions for violent sex offenders. Earlier this year, the American Civil Liberties Union and the Transgender Law Center filed a lawsuit seeking to overturn the law in federal court.

The department’s findings on Friday are separate from the ongoing lawsuit.

The department is calling on the state to not only stop enforcing the law, but also remove those convicted under the statute from the sex offender registry and expunge their convictions. The agency also says Gov. Bill Lee should introduce legislation to repeal the law.

The ADA is the landmark 1990 federal law prevents discrimination against disabled people on everything from employment to parking to voting. HIV and AIDS are considered disabilities under the ADA because they substantially hinder life activities.

“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke, with the Justice Department’s Civil Rights Division, in a statement. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status.”

The department’s letter was addressed specifically to Attorney General Jonathan Skrmetti, Tennessee Bureau of Investigation Director David Rausch and Shelby County District Attorney Steven Mulroy.

Shelby County, which encompasses Memphis, was named because DOJ said it’s where the law has been “enforced most frequently.”

Through a spokesperson, Mulroy noted that the allegations stem from cases handled before he took office in September 2022. Mulroy said he agrees with the Justice Department’s findings and his office is fully cooperating.

A spokesperson for the Tennessee investigation bureau said officials were reviewing the letter but had no other response to DOJ’s investigation.

A spokesperson for Skrmetti did not immediately respond to an email requesting comment.

Prostitution has long been criminalized as a misdemeanor in Tennessee. However, in 1991 — as the AIDS epidemic provoked panic and prevalent misinformation over prevention — Tennessee lawmakers enacted an aggravated prostitution statute, which was a felony and applied only to sex workers living with HIV. The law was later reclassified in 2010 as a “violent sexual offense,” requiring those convicted to face lifetime sex offender registration.

Court documents state that more than 80 people are registered for aggravated prostitution in Tennessee.

The DOJ letter details several of the struggles of those with aggravated prostitution convictions. A lifetime sex offender registration can stop people from visiting with their grandchildren, revoke job offers, and severely limit housing options. One person shared that they were barred from taking a course to get a general education diploma because children might be present in the building.

Plaintiffs who had filed a lawsuit seeking to block the aggravated prostitution law in October said the DOJ’s letter only further supports their efforts.

The lawsuit was brought by four unidentified people and OUTMemphis, a nonprofit that serves LGBTQ people.

“OUTMemphis welcomes the DOJ’s findings that, through its outdated and punitive aggravated prostitution law, Tennessee is discriminating against people living with HIV,” said Molly Quinn, executive director, OUTMemphis, in a statement. “We agree, and that’s why we are suing to get the law struck down. Whether this issue is resolved informally or in court, it is long past time to end HIV criminalization.”

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Police raid Moscow gay bars after a Supreme Court ruling labeled LGBTQ+ movement ‘extremist’

Russian security forces raided gay clubs and bars across Moscow Friday night, less than 48 hours after the country’s top court banned what it called the “global LGBTQ+ movement” as an extremist organization.

Police searched venues across the Russian capital, including a nightclub, a male sauna, and a bar that hosted LGBTQ+ parties, under the pretext of a drug raid, local media reported.

Eyewitnesses told journalists that clubgoers’ documents were checked and photographed by the security services. They also said that managers had been able to warn patrons before police arrived.

The raids follow a decision by Russia’s Supreme Court to label the country’s LGBTQ+ “movement” as an extremist organization.

The ruling, which was made in response to a lawsuit filed by the Justice Ministry, is the latest step in a decadelong crackdown on LGBTQ+ rights under President Vladimir Putin, who has emphasized “traditional family values” during his 24 years in power.

Activists have noted the lawsuit was lodged against a movement that is not an official entity, and that under its broad and vague definition authorities could crack down on any individuals or groups deemed to be part of it.

Several LGBTQ+ venues have already closed following the decision, including St. Petersburg’s gay club Central Station. It wrote on social media Friday that the owner would no longer allow the bar to operate with the law in effect.

Max Olenichev, a human rights lawyer who works with the Russian LGBTQ+ community, told The Associated Press before the ruling that it effectively bans organized activity to defend the rights of LGBTQ+ people.

“In practice, it could happen that the Russian authorities, with this court ruling in hand, will enforce (the ruling) against LGBTQ+ initiatives that work in Russia, considering them a part of this civic movement,” Olenichev said.

Before the ruling, leading Russian human rights groups had filed a document with the Supreme Court that called the Justice Ministry lawsuit discriminatory and a violation of Russia’s constitution. Some LGBTQ+ activists tried to become a party in the case but were rebuffed by the court.

In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any public endorsement of “nontraditional sexual relations” among minors. In 2020, constitutional reforms pushed through by Putin to extend his rule by two more terms also included a provision to outlaw same-sex marriage.

After sending troops into Ukraine in 2022, the Kremlin ramped up a campaign against what it called the West’s “degrading” influence. Rights advocates saw it as an attempt to legitimize the war. That same year, a law was passed banning propaganda of “nontraditional sexual relations” among adults, also, effectively outlawing any public endorsement of LGBTQ+ people.

Another law passed this year prohibited gender transitioning procedures and gender-affirming care for transgender people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records.

Russian authorities reject accusations of LGBTQ+ discrimination. Earlier this month, Russian media quoted Deputy Justice Minister Andrei Loginov as saying that “the rights of LGBT people in Russia are protected” legally. He was presenting a report on human rights in Russia to the U.N. Human Rights Council in Geneva, arguing that “restraining public demonstration of nontraditional sexual relationships or preferences is not a form of censure for them.”

The Supreme Court case is classified and it remains unclear how LGBTQ+ activists and symbols will be restricted.

Many people will consider leaving Russia before they become targeted, said Olga Baranova, director of the Moscow Community Center for LGBTQ+ Initiatives.

“It is clear for us that they’re once again making us out as a domestic enemy to shift the focus from all the other problems that are in abundance in Russia,” Baranova told the AP.

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Mass arrests target LGBTQ people in Nigeria while abuses against them are ignored, activists say

Law enforcement authorities in Nigeria are using the country’s same-sex prohibition law to target the LGBTQ community while ignoring abuses against them, rights groups and lawyers say, in the wake of fresh mass arrests of gay people.

Nigeria is one of more than 30 of Africa’s 54 countries where homosexuality is criminalized in laws that are broadly supported by the public, even though the constitution guarantees freedom from discrimination, and the right to private and family life.

Mass arrests and detention of queer Nigerians that continued this week were done without proper investigations and could further expose them to danger amid the anti-LGBTQ sentiments in Africa’s most populous country, rights groups said.

The country’s paramilitary agency on Monday announced the arrest of more than 70 young people — 59 men and 17 women — in the northern Gombe state, accusing them of “holding homosexual birthdays” and having “the intention to hold a same-sex marriage.”

Following a similar detention of more than 60 people at what the police called a gay wedding in the southern Delta state in August, the arrests show “an uptick in this trend of witchhunt and gross violation of human rights” of the individuals, Isa Sanusi, director of Amnesty International Nigeria, told The Associated Press.

The arrests also suggest states are emulating one another “to get accolades” under the law, according to Anietie Ewang, Nigerian researcher with the Human Rights Watch’s Africa Division. She said concerns highlighted by the organization in a 2016 report — about the abuse and stigma that gay people face in Nigeria — have remained.

Nigeria’s Same Sex Marriage Prohibition Act of 2013, which has been condemned internationally but is supported by many in the country of more than 210 million people, punishes gay marriage with up to 14 years in prison and has forced many Nigerian gays to flee the country, according to human rights activists.

Arrests under the law have been common since it came into effect but the largest mass detentions yet have been in recent weeks in which some of the suspects were falsely accused and subjected to inhumane conditions, according to lawyers and rights groups.

After dozens were arrested at what the police called a gay wedding in a Delta state hotel, the suspects were paraded in front of cameras in a live social media broadcast despite a ruling by a Nigerian high court last year that pretrial media parades violate the nation’s constitution.

One of those paraded said he was at the hotel for another engagement. Another suspect said he does not identify as a gay individual and was arrested while on his way to a fashion show.

In Gombe, where the Nigeria Security and Civil Defence Corps (NSCDC) said its personnel arrested people who “intended” to organize a gay wedding, the prime suspect identified as Bashir Sani denied the allegation.

“There was no wedding, only birthday,” he said in a broadcast aired by local media.

Among those arrested were the photographer and the disc jockey at the event, Ochuko Ohimor, the suspects’ lawyer, told The Associated Press.

It is part of a trend that shows how the anti-gay law is being “exploited” without due process, said Okechukwu Nwanguma, who leads the Rule of Law and Accountability Advocacy Centre, which advocates for police reforms in Nigeria.

One evidence of such a flawed process, lawyers said, is the failed trial of the 47 men arrested in 2018 and charged with public displays of affection for members of same sex at a hotel in Lagos. A local court dismissed the case in 2020 because of what it described as the “lack of diligent prosecution” after the police failed to present some witnesses.

“They (law enforcement authorities) are exploiting the law to target people whether or not they are queer … There is a tendency to target them based on assumptions or allegations, not based on any investigation,” said Nwanguma.

Such blanket arrests and media parade are not only discriminatory but also pose a high risk of further endangering people for their real or perceived sexual or gender orientation, said Amnesty International’s Sanusi.

“Since the signing of Same Sex Prohibition Act into law in 2014 attacks, harassment, blackmail and extortion of the LGBTQ+ community is rising, at disturbing speed. The Nigeria Police should be prioritizing keeping everyone safe, not stoking more discrimination,” he said.

Police spokespersons at the Nigeria Police Force headquarters and at the Delta state command did not respond to enquiries from the AP to speak on the arrests and on the allegations about the lack of due process in handling such cases.

Lawyers also spoke to the AP about instances where the police failed to act in handling cases of abuse against the LGBTQ community in Nigeria.

In 2020, David Bakare, a gay person, petitioned the police about a group of men who beat him up after he shared a video of himself dancing. The suspects were freed on bail after which they continued to threaten Bakare to withdraw the petition, a copy of which his lawyer shared with The AP.

Bakare then petitioned the police a second time to alert them that his life is in danger but no action was taken in response, he said. He had no choice but to flee to another part of Lagos.

“Since you can’t trust the police to do the necessary things, those guys will come again,” the 26-year-old said of his abusers.

The problem of delayed justice is not new in Nigeria where the criminal justice system has been criticized as corrupt. But it is far worse for groups such as the LGBTQ community seen to be vulnerable, said Chizelu Emejulu, an activist and lawyer who has handled many cases involving queer people.

“When we get the perpetrators arrested, the consistent thing we have noticed is that people always claim their victims are queer and once they say that, the police begin to withdraw from these cases,” said Emejulu.

“What the LGBTQ community in Nigeria is asking for is to be left alone to live their lives,” Emejulu added.

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Teachers and students grapple with fears and confusion about new laws restricting pronoun use

Indianapolis high school senior Caston Peters had used they and them or he and him pronouns at school for three years without a problem, but they came home a few days into this school year and told their mother that the situation had changed.

Peters, 18 and nonbinary, heard from a teacher that a new state law meant they wouldn’t be able to use those pronouns, or the first name they’ve used for years, without explicit permission from a parent because the pronouns and name don’t correspond with their sex assigned at birth.

This was news to Caston’s mother, Kim Michaelis-Peters, who immediately sent teachers, a counselor and the principal an email asking them to comply with Caston’s wishes, and the school staff did. But even though her own child’s wishes are being respected, Michaelis-Peters said she has deep concerns about what Indiana’s law could mean for students whose parents might not be understanding if they learn from school officials that their child is transgender or nonbinary.

“It makes me feel like there’s going to be a child out there who’s not going to feel safe at home to tell their parents and the school’s going to rat them out for wanting to be called a different name or different pronouns,” she said.

Indiana is among at least 10 states that have enacted laws prohibiting or restricting students from using pronouns or names that don’t match their sex assigned at birth, a restriction that opponents say further marginalizes transgender and nonbinary students. Most of the laws were enacted this year and are part of a historic wave of new restrictions on transgender youth approved by Republican states.

The measures are creating fear for transgender students and sowing confusion for teachers on how to comply but still offer a welcoming environment for everyone in their classes.

“The things that are passing are so vague and so hard to understand that (teachers) don’t know what to do,” said Cheryl Greene, senior director of the Welcoming Schools Program for the Human Rights Campaign Foundation, which advocates for LGBTQ+ rights. “It just creates this ambiguity and fear with educators because it’s not clear.”

Supporters of the laws have argued that parents should have a say if children are using pronouns or names different than those assigned at birth. Republican lawmakers describe it as a parental rights issue alongside efforts to restrict how gender identity is addressed in the classroom or in library materials.

“School districts can’t shut a parent out of their child’s decision about their gender identity because the child objects or because the school believes the parent isn’t supportive enough of an immediate gender transition,” according to a brief signed by nearly two dozen Republican attorneys general and filed in a lawsuit stemming from a California school district’s policy.

Mental health experts and advocates say that requiring parental consent or notification of pronouns forcibly outs trans students, who already face a high risk of bullying and abuse.

Similar restrictions have sparked some opposition in Virginia, where Republican Gov. Glenn Youngkin unveiled new model policies over the summer that include a requirement that minors must be referred to by the names and pronouns in their official records unless a parent approves something else. Some school boards have begun to adopt policies consistent with Youngkin’s guidelines while others have balked.

Some teachers in other states are finding ways around the requirements or defying the restrictions, saying they don’t want to put their students at risk. Since the laws are being enacted in states where teachers have little job protection, few are willing to talk on the record.

Jillian Spain, who teaches social studies at a middle school in Yanceyville, North Carolina, said she’s continued to address her students by the names and pronouns they use. Spain said outing a child, which is what the law would do to transgender and nonbinary students, “is not in the job description.”

Spain said the fear of being outed just adds to the pressures students already face, especially after the COVID-19 pandemic that devastated their well-being and academics.

“I am absolutely never, ever, ever going to out a child,” Spain said. “School is supposed to be their safe place. It’s supposed to a place where they can be who they truly are.”

Teachers’ groups say educators have been given little to no guidance on how to comply with the new restrictions, including basic steps like how to get permission from parents of students who use pronouns or names not listed on their birth certificates.

Indiana, like other states, leaves the specifics up to school districts.

The state’s teachers union says Indiana’s new parental notification law, which also bars teachers from providing instruction on human sexuality to students from pre-K through the third grade, is aimed at a problem that doesn’t exist.

“We have heard concerns anecdotally about the potential impact of this law,” Indiana State Teachers Association President Keith Gambill said in a statement. “Teachers are worried that it will create confusion and additional administrative burdens in an already demanding educational environment.”

Kentucky’s new law says teachers and school staff cannot be compelled to use a student’s pronouns if they don’t “conform to the student’s biological sex.”

The law, which includes other provisions dealing with student bathroom assignment and parental consent, has prompted confusion among educators, said Chris Hartman, director of the Fairness Campaign, the state’s highest-profile LGBTQ+ advocacy group. Hartman said it allows educators to ignore students’ wishes about pronouns even if their parents have asked the district not to let it happen.

“The mental health impact on trans kids being willfully misgendered by the adults in the room is disastrous,” Hartman said. He said supportive adults are crucial to keeping transgender students from slipping into depression and considering suicide.

Jefferson County Schools, the state’s largest district with 90,000 students, struggled to comply with the new state law. After a third try, the school board in Louisville adopted a policy that includes giving students with gender dysphoria an exception for bathroom accommodations and adds potential punishment for teachers and staff who willfully and repeatedly misgender a student.

A group of parents and students in Lexington have sued over the Kentucky law. One of the families alleges a school office employee intentionally refused to use their child’s name and pronouns while speaking with them in April. The parents, who are identified by a pseudonym, decided to legally change the child’s name after that encounter, according to the lawsuit, which was filed in late September. The suit asks a judge to declare Kentucky’s new law unconstitutional.

In Indiana, Caston Peters said they think other students will suffer because of that state’s law.

“School is supposed to be a safe spot for us where we can be ourselves without having to deal with being called out, without being bullied or name-called or anything like that,” they said. “And I think for some of us being able to be called the name or pronouns that we prefer it’s something we need. And if we can’t get that at home then having it in another safe place like school — if that’s the only place we can get it — well now it’s being taken away from us.”

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Russian authorities ask the Supreme Court to declare the LGBTQ ‘movement’ extremist

The Russian Justice Ministry on Friday said it has filed a lawsuit with the nation’s Supreme Court to outlaw the LGBTQ “international public movement” as extremist, the latest crippling blow against the already beleaguered LGBTQ community in the increasingly conservative country.

The ministry said in an online statement announcing the lawsuit that authorities have identified “signs and manifestations of extremist nature” in “the activities of the LGBT movement active” in Russia, including “incitement of social and religious discord.” Russia’s Supreme Court has scheduled a hearing to consider the lawsuit for Nov. 30, the ministry said.

It wasn’t immediately clear what exactly the label would entail for LGBTQ people in Russia if the Supreme Court sides with the Justice Ministry. But the move in itself represents the latest, and by far the most drastic, step in the decadelong crackdown on gay rights in Russia unleashed under President Vladimir Putin, who has put “traditional family values” at the cornerstone of his rule.

The crackdown, which began a decade ago, slowly but surely chipped away at LGBTQ rights. In 2013, the Kremlin adopted the first legislation restricting LGBTQ rights, known as the “gay propaganda” law, banning any noncritical public depiction of “nontraditional sexual relations” among minors. In 2020, Putin pushed through a constitutional reform to extend his rule by two more terms that also outlawed same-sex marriage.

In 2022, after sending troops into Ukraine, the Kremlin ramped up its rhetoric about protecting “traditional values” from what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimize the military action in Ukraine. That same year, the authorities adopted a law banning propaganda of “nontraditional sexual relations” among adults, too, effectively outlawing any public endorsement of LGBTQ people.

Another law passed this year prohibited gender transitioning procedures and gender-affirming care for trans people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records. It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.

“Do we really want to have here, in our country, in Russia, ‘Parent No. 1, No. 2, No. 3’ instead of ‘mom’ and ‘dad?’” Putin said in September 2022 at a ceremony to formalize Moscow’s annexation of four Ukrainian regions. “Do we really want perversions that lead to degradation and extinction to be imposed in our schools from the primary grades?”

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California’s first lesbian Senate leader could make history again if she runs for governor

The first time Toni Atkins acted as the governor of California, she used her powers to honor the passing of San Diego Padres baseball player Tony Gwynn while playfully rebuffing Jimmy Kimmel’s advice that she “invade Oregon. ”

It was 2014, and Atkins — the first lesbian to be the speaker of the state Assembly — was filling in for former Gov. Jerry Brown, a quirk of the California Constitution that requires governors to put someone else in charge whenever they leave the state.

Atkins, now the president pro tempore of the state Senate, has filled in as governor a few more times since then, most recently in July when she signed three bills into law and quipped that she was thrilled to once again step into the governor’s shoes, “ although I have better shoes. ”

“I’m very interested in looking at that possibility” of running for governor, Atkins told The Associated Press in an interview, saying publicly for the first time what many have assumed since she announced she would step down as the Senate’s top leader next year. “I am looking at it seriously.”

The race to replace Gov. Gavin Newsom will likely be a Democratic free-for-all sure to attract the party’s top talent for the chance to lead the nation’s most populous state and the world’s fifth largest economy. California voters have never elected a woman to the governor’s office, nor a person who is openly LGBTQ. And a host of other Democratic candidates are also vying to make history.

Lt. Gov. Eleni Kounalakis was the first to formally announce her candidacy just a few months into Newsom’s second term. Tony Thurmond, the Black state superintendent of public instruction, is also in, along with former Controller Betty Yee. Attorney General Rob Bonta, who is Filipino, has said he is seriously considering a run.

But Atkins is banking on her experience to give her an edge. That includes a brief stint as mayor of San Diego, one of the nation’s largest cities. And it includes becoming just the third person and first woman ever to hold both of the Legislature’s top jobs: speaker of the Assembly and president pro tempore of the Senate, where she negotiated eight state operating budgets and had her hands in countless major policy decisions.

“I sort of feel like I’m addicted to responsibility,” she said. “I think experience counts and matters, and I believe I have experience to continue to contribute in some way.”

California’s top legislative leaders are some of the most powerful people in the state, but it often doesn’t feel like it. While they negotiate major polices, it’s the governor who gets the attention when the deals are done.

That’s especially true for Atkins, who has been a more quiet leader than most. During her tenure as Senate leader, Democrats have grown their caucus to 32 out of 40 seats — their largest majority since 1883. That majority means there is little incentive to work with Republicans. But Atkins made sure Republicans had their bills heard in public hearings and even pushed for former Republican Leader Shannon Grove to be included in briefings with the Newsom administration.

“She always included us and there was never any surprises. I didn’t agree with what was going on, but we had input and participation,” said Grove, who noted she and Atkins bonded over their impoverished upbringing and a shared love of country music icon Dolly Parton. “She understands that we represent a portion of Californians as well and we were duly elected and therefore our voices should be heard.”

Atkins grew up in rural southwest Virginia, where her dad was a miner and her mother was a seamstress. Her childhood home did not have running water, and some of her earliest memories are of walking down a hill with her twin sister to fetch water from a spring to use for cooking and doing laundry.

As a young lesbian in Appalachia, Atkins dreamed of moving to California. She got her chance when her twin sister joined the Navy and was stationed in San Diego. Atkins moved there to help care for her sister’s young son, and never left.

In San Diego, Atkins was director of a women’s health clinic that performed abortions. She was also politically active, working to help elect Christine Kehoe to the San Diego City Council. Kehoe hired Atkins to work for her, and then urged her to run for her seat when Kehoe was elected to the state Assembly.

“Toni is not the kind of person that wants to be the smartest person in the room. She wants to be the most helpful and effective person in the room. And oftentimes she is,” Kehoe said.

Atkins followed her mentor to the state Legislature in 2010, where she soon found herself in a contentious race for speaker against Anthony Rendon of Los Angeles. Atkins won, but left after two years to run for the Senate.

It wasn’t long before Atkins was selected by her colleagues to lead the state Senate, forcing her to work with Rendon, who had replaced her as speaker in the Assembly. Their relationship was rough at times, but fruitful for Democrats. Their partnership expanded Medicaid to include all eligible adults regardless of immigration status and free meals for public school students.

“We had problems, but I think it was, you know, related more to ambition than anything and, you know, probably to an extent immaturity on my part, too,” said Rendon, who plans to run for state treasurer in 2026. “Toni Atkins is a very forgiving person. I have not always been the easiest person to deal with. But she, you know, kept coming back and trying to forge a relationship.”

Atkins said she is most proud of the policies that were inspired by her impoverished upbringing, including helping implement the federal Affordable Care Act and creating a tax credit for poor families worth several hundred dollars.

Those wins are part of what’s driving her potential run for governor, too.

“I see what you can do when you’re in that role,” she said. “There is something about being at the table.”

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Mexican government sends conflicting messages over death of nonbinary magistrate

Mexican authorities on Tuesday sent conflicting messages about the violent death of a leading LGBTQ figure after thousands marched Monday night demanding justice.

Jesús Ociel Baena was found dead next to their partner in their home in the central Mexican city of Aguascalientes on Monday, according to state prosecutors. Baena, the first openly nonbinary person to assume a judicial post in Mexico, was one of the most visible LGBTQ figures in a country where the community is often violently targeted.

Baena and their partner had already received death threats and hateful messages and had protection from state security, prompting many across the country Monday to call their death a hate crime.

Authorities have provided minimal details about the slaying and local prosecutors hinted it may have been a murder-suicide.

“It may seem like a not very credible hypothesis to many, but we’re being very careful to leave a record and preserve all evidence,” said state prosecutor Jesús Figueroa Ortega. 

Federal authorities, however, urged caution in the investigation Tuesday. Félix Arturo Medina, an official with Mexico’s Interior Ministry, said “it’s important to not throw out any line of investigation,” adding that they hoped to coordinate with state authorities to investigate the deaths.

“It’s a relevant case for us, not just because of the activism the magistrate was carrying out,” but also because the government wants all crimes to be investigated, Medina said.

Impunity runs rampant in Mexico. Only 1% of all crimes committed were reported, investigated and resolved in 2022, according to a survey by National Institute of Statistics and Geography.

The state authorities’ hypothesis was quickly rejected by many in Mexico’s LGBTQ community.

Alejandro Brito, director of the LGBTQ rights group Letra S urged authorities to continue to investigate the incident and to take into consideration the context of the case, and threats of violence against Baena.

Brito called state prosecutor’s version of events “loaded with prejudices” and said quick conclusions made by local authorities have only deepened distrust of authorities among historically victimized communities.

“In these types of homicides they always try to disqualify or belittle,” Brito said. “These statements that the prosecutor is giving, what they’re doing isn’t clarifying the acts, they’re adding fuel to the fire of these prejudices.”

People who knew Baena said the magistrate and Herrera in recent weeks were chipper and talked passionately about future activism.

Brito was echoed by thousands who gathered in the heart of Mexico City lighting candles over photos of Baena and other victims of anti-LGBTQ violence Monday night. They shouted “Justice” and “We won’t stay silent” and demanded a thorough investigation into the deaths.

“Ociel is, and was, the most relevant figure in today’s fight for human rights for the LGBTQ+ community,” said Humberto Dena, a 24-year-old carrying a candle alongside thousands of others in the march. “We want [the authorities] to continue to investigate this case, and not just say it was a ‘crime of passion.’”

In becoming a magistrate in October 2022, Baena was thought to be the first nonbinary person in Latin America to assume a judicial position. Baena broke through another barrier this May as one of a group of people to be issued Mexico’s first passports listing the holders as nonbinary.

Baena appeared in regularly published photos and videos wearing skirts and heels and toting a rainbow fan in court offices and advocated on social media platforms, drawing hundreds of thousands of followers.

“I am a nonbinary person. I am not interested in being seen as either a woman or a man. This is an identity. It is mine, for me, and nobody else. Baena posted on X, formerly Twitter, in June. “Accept it.”

Last month, the electoral court presented Baena with a certificate recognizing the magistrate with the gender neutral noun “maestre,” a significant step in Spanish, a language that splits most of its words between two genders, masculine or feminine.

While Mexico has made significant steps in reducing anti-LGBTQ violence, Brito’s Letra S documented a jump in violence against sexual minorities in 2019. In that year alone, at least 117 lesbian, gay and bisexual and transgender people were slain. Many were grisly killings, including brutal stabbings and public slayings.

The National Observatory of Hate Crimes Against LGBTI+ Persons in Mexico registered 305 violent hate crimes against sexual minorities in 2019-2022, including murder, disappearances and more.

If you or someone you know is in crisis, call 988 to reach the Suicide and Crisis Lifeline. You can also call the network, previously known as the National Suicide Prevention Lifeline, at 800-273-8255, text HOME to 741741 or visit SpeakingOfSuicide.com/resources for additional resources.

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Hungary has fired its national museum director over LGBTQ content in World Press Photo exhibition

Hungary’s cultural minister on Monday fired the director of the Hungarian National Museum in Budapest, accusing him of failing to comply with a contentious law that bans the display of LGBTQ content to minors.

The dismissal of Laszlo L. Simon, who became director of the museum for a five-year term in 2021, came after Hungary’s government determined in late October that five photos on display at the prestigious World Press Photo exhibition violated the law restricting children’s access to content that depicts homosexuality or gender change.

The museum subsequently put a notice on its website and at the entrance to the World Press Photo exhibition — which showcases outstanding photojournalism — that the collection was restricted to visitors over 18.

Writing on his Facebook page on Monday, Simon — a member of Hungary’s ruling Fidesz party and a former secretary of state with the cultural ministry — said that neither he nor the museum had deliberately violated Hungary’s 2021 “child protection” law.

“I take note of the decision, but I cannot accept it,” Simon wrote. “As a father of four and a grandparent, I firmly reject the idea that our children should be protected from me or from the institution I run.”

The photographs in question document a community of elderly LGBTQ+ people in the Philippines who have shared a home for decades and cared for each other as they age. The photos show some community members dressed in drag and wearing makeup.

Hungary’s government, led by nationalist Prime Minister Viktor Orbán, has restricted the availability of materials that “promote” or depict homosexuality to minors in media, including television, films, advertisements and literature.

While the government insists that the law is designed to insulate children from what it calls sexual propaganda, it has prompted legal action from 15 countries in the European Union, with the bloc’s Commission President Ursula von der Leyen calling it “a disgrace.”

In a statement, the cultural ministry wrote that Simon had been dismissed over failing to comply with the law, and “by engaging in conduct which made it impossible for him to continue his employment.”

Hungary’s cultural ministry did not respond to a request for comment.

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Oregon man sentenced for LGBTQ hate crimes in Idaho, including trying to hit people with car

An Oregon man who pleaded guilty in connection with LGBTQ hate crimes, including trying to hit people with a car in Idaho last year, has been sentenced to just over three years in prison.

Matthew Lehigh was sentenced Thursday to 37 months followed by three years of supervised release and he must pay restitution, according to the U.S. Justice Department. Lehigh, 32, previously pleaded guilty to two felony charges of violating the Hate Crimes Prevention Act as part of a plea agreement.

Last October, Lehigh punched and threatened a transgender librarian in Boise before trying to run over a library security guard with his vehicle, according to court documents.

Days later, he saw two women he “assumed, based on their appearance and dress” were lesbians, documents said. Lehigh shouted threats and slurs at them and accelerated his car toward them. The women jumped out of the way and Lehigh’s vehicle hit the car belonging to one of the women, documents said.

The Justice Department said Lehigh, as part of the agreement, also admitted responsibility for punching someone else after using an anti-LGBTQ+ slur and setting on fire a pride flag that was on a same-sex couple’s porch.

Lehigh’s attorney said as a Christian, Lehigh believes homosexuality is a sin, the Idaho Statesman reported. The attorney also said Lehigh didn’t wish to harm members of the LGBTQ community until his mental health worsened.

Lehigh, who has been in treatment, apologized in court. “I don’t have too much to say other than just my regret and my great gratitude that things didn’t end up worse than they did,” Lehigh said.

Local law enforcement could not pursue a hate crime case against Lehigh because the state’s malicious harassment statute does not cover sexual orientation or gender identity. Boise and Ada County prosecutors dismissed assault and other charges after the federal charges were brought.

Vegas Shegrud, one of the people Lehigh tried to hit with his vehicle, said in court that she struggled with her mental health after the incident and eventually dropped out of school.

“The fear I felt that day is unparalleled by any other event in my life,” Shegrud said.

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Georgia agrees to pay for gender-affirming care for public employees, settling a lawsuit

The state of Georgia will start paying for gender-affirming health care for state employees, public school teachers and former employees covered by a state health insurance plan, settling another in a string of lawsuits against Georgia agencies aiming to force them to pay for gender-confirmation surgery and other procedures.

The plaintiffs moved to dismiss their case Thursday in Atlanta federal court, announcing they had reached a settlement with the State Health Benefit Plan.

The December lawsuit argued the insurance plan illegally discriminated by refusing to pay for gender-affirming care.

“There’s no justification, morally, medically, legally or in any other way for treating transgender healthcare as different and denying people access to it,” David Brown, a lawyer for the plaintiffs, said in a phone interview Thursday.

The state Department of Community Health, which oversees the insurance plan, did not immediately respond Thursday to an email seeking comment.

Benjamin Johnson.
Benjamin Johnson.Transgender Legal Defense & Education Fund

The state will also pay a total of $365,000 to the plaintiffs and their lawyers as part of the settlement. Micha Rich, Benjamin Johnson and an anonymous state employee suing on behalf of her adult child all said they spent money out of their own pockets that should have been covered by insurance.

Starting July 1, Georgia legally barred new patients under the age of 18 from starting hormone therapy and banned most gender-affirming surgeries for transgender people under 18. That law, challenged in court but still in effect, lets doctors prescribe puberty-blocking medications and allows minors already receiving hormone therapy to continue.

But Brown said Thursday’s settlement requires the health plan to pay for care deemed medically necessary for spouses and dependents as well as employees. That means the health plan could be required to pay for care for minors outside the state even though it’s prohibited in Georgia.

“The plan can’t treat the care any differently from other care that’s not available in the state,” Brown said.

The lawsuit cited a 2020 Supreme Court ruling that treating someone differently because they are transgender or gay violates a section of the Civil Rights Act of 1964 prohibiting discrimination on the basis of sex. The plaintiffs in that case included an employee of Georgia’s Clayton County.

Micha Rich
Micha Rich.Transgender Legal Defense & Education Fund

Affected are two health plans paid for by the state but administered by Anthem Blue Cross and Blue Shield and UnitedHealthcare.

It’s the fourth in a line of lawsuits against Georgia agencies to force them to pay for gender-confirmation surgery and other procedures. State and local governments lost or settled the previous suits.

The University System of Georgia paid $100,000 in damages in addition to changing its rules in 2019 when it settled a case brought by a University of Georgia catering manager. And the Department of Community Health last year agreed to change the rules of the state’s Medicaid program to settle a lawsuit by two Medicaid beneficiaries.

A jury last year ordered Houston County to pay $60,000 in damages to a sheriff’s deputy after a federal judge ruled her bosses illegally denied the deputy health coverage for gender-confirmation surgery. Houston County is appealing that judgment, and oral arguments are scheduled in November before the 11th U.S. Circuit Court of Appeals.

The plaintiffs in the lawsuit settled Thursday included three transgender men. Micha Rich is a staff accountant at the Georgia Department of Audits and Accounts, and Benjamin Johnson is a media clerk with the Bibb County School District in Macon. The mother of the third man, identified only as John Doe, is a Division of Family and Children Services worker in Paulding County and covers the college student on her insurance.

All three were assigned female at birth but transitioned after therapy. All three appealed their denials for top surgery to reduce or remove breasts and won findings from the U.S. Equal Employment Opportunity Commission that Georgia was discriminating against them.

“I am thrilled to know that none of my trans colleagues will ever have to go through what I did,” Rich said in a statement.

A court ruling found a similar ban in North Carolina to be illegal; the state is appealing. A Wisconsin ban was overturned in 2018. West Virginia and Iowa have also lost lawsuits over employee coverage, while Florida and Arizona are being sued.

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