At the start of the new school year in New York, a trans, Jewish teacher at Brooklyn’s Magen David Yeshivah was outed by parents and forced by the school from her job.
Talia Avrahami, who holds a master’s degree in Jewish education from Yeshiva University, was hired shortly before the school year began.
Following parents’ night at the yeshiva, which serves a mostly Syrian Orthodox community, video of Avrahami introducing herself went viral on YouTube and WhatsApp, with accusations that Avrahami was masquerading as a woman. People dug up pictures from before she transitioned and shared them on social media platforms.
Two Orthodox outlets, in posts since removed, disparaged Avrahami’s hire as shocking and “insane.” She was doxed, with her home address published online. The family was forced from their Washington Heights apartment for fear of reprisal. Video of Avrahami leaving her building with her husband and child with bags packed on Friday was posted to an Orthodox YouTube channel.
That video was shot the same day Avrahami was forced to resign her position as a social studies teacher.
According to a spokesperson for Avrahami, the yeshiva told her she wasn’t a good fit for the school. Avrahami agreed to take her salary through January in exchange for signing a non-disclosure agreement, barring her from disparaging the school publicly.
Over the weekend, the yeshiva sent an email to parents addressing the vacancy: “Please be advised that beginning Monday, September 19th, your child will have a replacement teacher for Social Studies.”
“It’s sad to see that some people want to derail our lives,” Avrahami told The Times of Israel. “We’re questioning whether or not our entire lives are ruined or not. It’s tough.”
“They’re posting pictures of our family, they’re posting where we live, we’re getting death threats. They’ve somehow taken videos outside our home,” she said.
Despite the fact Avrahami signed a non-disclosure agreement with the school, she retains the right to make claims under civil rights employment law. The U.S. Supreme Court ruled in 2020 that the protections of Title VII against discrimination applies to people who are LGBTQ.
Last week, Avrahami posted to Facebook seeking a “lawyer with expertise in defamation, contract law and human rights issues.”
Bisexual workers report lower rates of workplace discrimination than cisgender lesbians and gay men, a new study has found, but that may be because fewer cis bisexuals are out at work compared to cis lesbians and gay men.
The Williams Institute — a UCLA’s School of Law group that researches sexual orientation and gender identity issues — analyzed survey data collected in May 2021 from 935 LGBTQ adults in the workforce.
Its analysis found that 33.8 percent of gay and lesbian employees experienced at least one form of employment discrimination, namely, being fired or not hired due to their sexual orientation. Comparatively, 24.4 percent of bi employees reported experiencing the same.
The lower overall rates of discrimination may be due to the fact that fewer bisexuals are out at work. Only 19 percent of bi workers are out to all their co-workers, compared to 50 percent of gay and lesbian workers who are out to co-workers.
Only 19 percent of bi workers are out to their coworkers, compared to 50 percent of gay and lesbian workers. Similarly, only 36 percent of bi employees are out to their supervisors, compared to 74.6 percent of gay and lesbian employees.
Bi men and women were also more likely than gay and lesbian employees to report changing their workplace appearance to hide their sexual orientation. Approximately 26.4 percent of bi workers said they had done so, compared to 17.9 percent of gay and lesbian workers.
Interestingly, roughly 60 percent of gay, lesbian, and bi employees said they avoided social events and personal discussions to reduce the likelihood of discrimination and harassment. But when bi employees were out to their coworkers, they reported facing similar or higher rates of discrimination and harassment as out gay and lesbian workers.
The survey also found that gay and bi men typically faced higher rates of employment discrimination, verbal, and sexual harassment than lesbians and bisexual women.
For example, 57.7 percent of bi men experienced verbal harassment, compared to 26.8 percent of bisexual women. While 41.6 percent of gay men experienced verbal harassment, only 29.5 percent of lesbians experienced the same thing. Nearly 50 to 65 percent of all discrimination was religiously motivated, the respondents said.
Workplace sexual harassment was experienced by 34.8 percent of bi men, 33.6 percent of gay men, 29.2 percent of bi women, and 17.4 percent of lesbian women. While 58 percent of out bi men said they had left previous jobs due to workplace discrimination, only 27 percent of out bi women had left previous jobs for the same reason.
These findings came out just before Celebrate Bisexuality Day, an annual day for uplifting the bisexual community, individuals, and their shared history. Today is Celebrate Bisexuality Day.
A 2021 Gallup found that 57 percent of LGBTQ Americans identify as bisexual.
A recent study from the Centers for Disease Control and Prevention (CDC) has found that monkeypox disproportionately affects people with HIV and sexually transmitted infections (STIs).
The study looked at HIV and STI rates among 1,969 people with monkeypox in eight U.S. jurisdictions.
Of that sample, 38 percent of people with monkeypox had also contracted HIV in the last year. About 41 percent of people with monkeypox also had an STI in the preceding year. About 61 percent of the sample had contracted either an STI or HIV in the previous year.
Researchers said this correlation doesn’t necessarily mean that having HIV or an STI means you’re more likely to contract monkeypox.
In fact, the higher number may be due to a “self-referral bias,” meaning that people who visited a medical professional due to monkeypox symptoms may also already have established healthcare for HIV and STIs. Either that, or sexual health providers may be more likely to recognize and test for the monkeypox virus among men who’ve had HIV and STIs over the past year.
“Persons with monkeypox signs and symptoms who are not engaged in routine HIV or sexual health care, or who experience milder signs and symptoms, might be less likely to have their Monkeypox virus infection diagnosed,” researchers wrote.
HIV-positive people in the study sample were also twice as likely to be hospitalized due to monkeypox compared to HIV-negative people with monkeypox, WTTW reported.
This could mean that people with compromised immune systems — the kinds associated with advanced and under-treated forms of HIV — are more likely to exhibit severe monkeypox symptoms. Despite this, people with HIV aren’t more likely to exhibit worse monkeypox symptoms than HIV-negative people in the general population, according to Dr. Aniruddha Hazra, assistant professor of infectious disease and global health at UChicago Medicine.
The study also found HIV was more prevalent among Black and Latino people with monkeypox, with rates of 63 percent and 41 percent, respectively. These rates were higher than the 28 percent of white people and 22 percent of Asian people who have both HIV and monkeypox.
These racial disparities are particularly concerning considering that numerous studies have shown that Black and Latino men are less likely than white men to be vaccinated against monkeypox and to have access to HIV-related medical care.
In response to the study’s findings, the CDC recommended that medical professionals prioritize people with STIs and HIV for monkeypox vaccination. Additionally, the CDC recommended offering STI and HIV screenings for people who are evaluated for monkeypox.
This last week, White House health officials voiced their belief that “we’re going to get very close” to eradicating monkeypox. As of September 23, there were 24,846 total confirmed monkeypox cases in the United States, the CDC reported.
In just a few short years in politics, Evelyn Rios Stafford has managed to make an impression at the highest levels of government, and at the most local, too.
The first transgender person to hold elected office in Arkansas, Rios Stafford serves as Justice of the Peace for her small district in Fayetteville. In her role, she’s officiated dozens of weddings for constituents. “That’s one of the highlights of this gig as Justice of the Peace. It always gives me such a warm fuzzy feeling to do that for people,” she told LGBTQ Nation.
Now, Rios Stafford is running for reelection to the post without serious opposition, a vote of confidence even before the election that constituents view her time in office as effective.
Rios Stafford’s first political involvement was getting a local civil rights ordinance passed in the late 2010’s. In 2020, she ran for an open seat on the local Quorum Court, the equivalent of a board of supervisors, and won. She represents about 16,000 people in her district.
At 49, with a broad smile and the easy, thoughtful cadence of a Texas native, Rios Stafford says being trans wasn’t a focus of her first campaign. “You know, I made one post…about it on National Coming Out Day during the campaign. But that was about it.” It wasn’t until after she was elected that “some folks got wind of the fact that I was a first of something.”
But her victory would become pivotal in the fight over trans rights in the state.
In 2021, the Arkansas legislature passed HB1570, also known as the Save Adolescents from Experimentation or SAFE Act. Like similar legislation introduced in other red states, the bill would ban all gender-affirming care for minors, prohibit insurance from covering gender transition procedures, and criminalize those assisting minors in the process.
The bill was awaiting Republican Governor Asa Hutchinson’s signature when Rios Stafford was enlisted by an Arkansas legislator to help halt the bill’s march into law. From the “phone call to me to meeting the governor was probably, I’d say 24 hours.”
While Rios Stafford was trans, she hadn’t transitioned as a youth. “I knew that I needed to also make space for folks who had this experience and were directly impacted, because their voices are really the ones that have been left out of this whole thing,” she said. Rios Stafford brought 18 year-old Willow Breshears, who began transitioning at 16 with her family’s active support, to the ornate conference room table for her meeting with the governor.
“This was probably the first time that he had ever had a sit down, face-to-face discussion with a trans person before, or in this case two trans people. And, you know, he was kind of starting at zero in terms of knowledge.” A 15-minute appointment turned into half an hour and then 45 minutes. “He was just wanting to know more, basically.”
“I was on pins and needles walking out of that room, like, you know, almost on the verge of having a panic attack. I was replaying all of my answers in my head, like, did I say the right thing, did I screw this up completely?”
Not only did Hutchinson veto the bill, he wrote a Washington Post op-ed explaining why and also went on Tucker Carlson’s show to defend his decision. No matter, the Arkansas legislature overrode his veto, though the law remains tied up in court challenges.
Still, Rios Stafford was satisfied to hear “echoes of some of the things we talked about” in Hutchinson’s defense of the veto.
“‘Traditionally, Republicans have held themselves up as champions of limited government,’” Rios Stafford told the governor. “‘In what way, shape or form is this limited government? Because this is big government. This is government getting in between the families and their doctors.’”
Rios Stafford’s own gender awakening was pivotal to her work in her adopted home state. She majored in English at Rice University in Houston and was pursuing a career in journalism when she got a call from the ABC-TV affiliate in San Francisco asking her to come in for an interview. She got the job. She was young and bright and on the loose in Baghdad by the Bay.
“It was a great time to come there,” she recalled. “During the dot-com boom, the city was kind of going crazy, and it was a really fun time to be there in my 20s. And obviously San Francisco is a place where you can really explore your identity, as well.”
Born and raised in the Oak Cliff neighborhood of Dallas, she grew up attending Catholic school, where she encountered the first signs of her conflicted gender identity.
“In Catholic school, I had a boyfriend when I was 15. A couple of our friends knew about it, but it definitely wasn’t something that we were out about. I knew that I wasn’t straight, exactly,” she remembers thinking, “but I didn’t really have the language or knowledge to have an understanding of exactly in what way.”
In college, she figured it out. It was “literally, when I was, like, doing research in the college library, that I came across the idea of transgender. And it was this lightbulb moment of like, ‘Oh my gosh, that’s what’s been going on with me.’”
In San Francisco, she embraced her new reality. “Gradually, I became more and more out,” Rios Stafford recalled. “It was not a surprise for some people. It was a surprise for others.” While she was “bracing for the worst,” she was “really pleasantly surprised and so grateful for having such a positive experience.”
Evelyn Rios Stafford on her wedding day Provided
“Back then, this was sort of like, this was new territory,” she said. “I think I was the first employee at an ABC owned-and-operated station to transition on the job.” The following year, Rios Stafford picked up two Emmys for her producing. “I feel like it was all tied together.”
The total package arrived shortly after she transitioned, when Rios Stafford met her future husband, Bob Stafford, an artist and graphic designer, online. She was “smitten from the beginning.” The two shared mutual friends in the arts scene South of Market in San Francisco, and Southern roots, as well. Soon after, the couple moved east to Stafford’s hometown of Fayetteville. They were married in 2016.
According to Rios Stafford, performing weddings in her job as Justice of the Peace is optional. “Not all the JPs do it. I have a feeling that one or two of them might not be on there because if they were on the list, they might have to do a same-sex wedding, and it’s against their personal beliefs or something? But I was like, ‘Sign me up! I’ll do anybody.’”
This week, the daughters of a founder at Christian Grace College in Indiana came forward with a shocking revelation: their father had sexually abused an estimated one to two hundred male students over his 40-year career at the school.
Don Ogden, who died in 2015, was the founder of the school’s music program. His daughters, Diane and Kathleen, disclosed the abuse in a six-page statement shared with The Christian Post.
“Our father used his position, his power, his wit, and persuasion to gain the trust of young men, and later perpetrate crimes against them that would change their lives forever. We realize, looking back, that this was sadly still going on when he was 80 years old.”
Grace College in Winona Lake, Indiana officially bans LGBTQ students from attending. The school’s catalog bans “homosexual behavior” and compares it to other sins like adultery, greed, and drunkenness.
The sisters allege Ogden’s predation was an open secret at Grace. In 1993, he was arrested in Kansas for sexually assaulting a 16-year-old boy, whom he met at a mall and lured to an open field nearby, where he sexually assaulted him.
After reporting the incident to the police, the victim recanted his story and police dropped the matter, describing the encounter as consensual. The age of consent in Kansas is 16.
According to Ogden’s daughters, Grace College was aware of the charge but kept it under wraps both to protect the school’s reputation and continue to benefit from Ogden’s strength as a fundraiser.
“It is with broken hearts that my sister and I are bringing our story forward. After speaking with many Christian experts that handle abuse in Christian institutions, we were told that if there is no public confession and help for the victims given, we must go to the media. After writing eight letters over the last 16 months, we both feel, sadly, that we have absolutely no choice,” the sisters’ statement read.
A whistleblower approached the sisters in February, 2021, leading to their own investigation of their father’s crimes. The pair say they were “mortified” to learn their father’s predation on young boys had spanned more than 40 years.
Ogden “had been molesting boys for over four decades. Incidents occurred touring across the country, in people’s homes, our home, malls, youth conferences, and other places,” the daughters wrote.
Referring to her father’s arrest in Kansas, Ogden’s daughter Diane said the night he was in jail, she spoke with him on the phone, unaware this was just one incident in a decades-long pattern of abuse.
“God will use this, Daddy,” Diane told her father. “You can help someone else that gets wrongly accused someday.”
Ogden replied: “You have too much faith in me.”
“He was admitting to it but my mind would not let me believe it,” Diane said.
Her father added: “No one will want to shake my hand again.”
Sharply rising cases of some sexually transmitted diseases — including a 26% rise in new syphilis infections reported last year — are prompting U.S. health officials to call for new prevention and treatment efforts.
“It is imperative that we … work to rebuild, innovate, and expand (STD) prevention in the U.S.,” said Dr. Leandro Mena of the U.S. Centers for Disease Control and Prevention in a speech Monday at a medical conference on sexually transmitted diseases.
Infections rates for some STDs, including gonorrhea and syphilis, have been rising for years. Last year the rate of syphilis cases reached its highest since 1991 and the total number of cases hit its highest since 1948. HIV cases are also on the rise, up 16% last year.
And an international outbreak of monkeypox, which is being spread mainly between men who have sex with other men, has further highlighted the nation’s worsening problem with diseases spread mostly through sex.
David Harvey, executive director of the National Coalition of STD Directors, called the situation “out of control.”
Officials are working on new approaches to the problem, such as home-test kits for some STDs that will make it easier for people to learn they are infected and to take steps to prevent spreading it to others, Mena said.
Another expert said a core part of any effort must work to increase the use of condoms.
“It’s pretty simple. More sexually transmitted infections occur when people are having more unprotected sex,” said Dr. Mike Saag, an infectious disease expert at the University of Alabama at Birmingham.
Syphilis is a bacterial disease that surfaces as genital sores but can ultimately lead to severe symptoms and death if left untreated.
New syphilis infections plummeted in the U.S. starting in the 1940s when antibiotics became widely available. They fell to their lowest ever by 1998, when fewer than 7,000 new cases were reported nationwide. The CDC was so encouraged by the progress it launched a plan to eliminate syphilis in the U.S.
But by 2002 cases began rising again, largely among gay and bisexual men, and they kept going. In late 2013, CDC ended its elimination campaign in the face of limited funding and escalating cases, which that year surpassed 17,000.
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By 2020 cases had reached nearly 41,700 and they spiked even further last year, to more than 52,000.
The rate of cases has been rising, too, hitting about 16 per 100,000 people last year. That’s the highest in three decades.
Rates are highest in men who have sex with men, and among Black and Hispanic Americans and Native Americans. While the rate for women is lower than it is for men, officials noted that it’s has been rising more dramatically — up about 50% last year.
That ties to another problem — the rise in congenital syphilis, in which infected moms pass the disease on to their babies, potentially leading to death of the child or health problems like deafness and blindness. Annual congenital syphilis cases numbered only about 300 a decade ago; they surged to nearly 2,700 last year. Of last year’s tally, 211 were stillbirths or infant deaths, Mena said.
The increases in syphilis and other STDs may have several causes, experts say. Testing and prevention efforts have been hobbled by years of inadequate funding, and spread may have gotten worse — especially during the pandemic — as a result of delayed diagnosis and treatment. Drug and alcohol use may have contributed to risky sexual behavior. Condom use has been declining.
And there may have been a surge in sexual activity as people emerged from Covid-19 lockdowns. “People are feeling liberated,” Saag said.
The arrival of monkeypox added a large additional burden. CDC recently sent a letter to state and local health departments saying that their HIV and STD resources could be used to fight the monkeypox outbreak. But some experts say the government needs to provide more funding for STD work, not divert it.
Harvey’s group and some other public health organizations are pushing a proposal for more federal funding, including at least $500 million for STD clinics.
Mena, who last year became director of the CDC’s Division of STD Prevention, called for reducing stigma, broadening screening and treatment services, and supporting the development and accessibility of at-home testing. “I envision one day where getting tested (for STDs) can be as simple and as affordable as doing a home pregnancy test,” he said.
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.
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.”
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.
