شاهد مديرة مشروع حقوق المتحولين جنسياً في GLAD جينيفر ليفي، والمديرة القانونية للمركز الوطني لحقوق المثليات شانون مينتر، والمدعين نيكولاس تالبوت وبلاير ماكنتاير وهم يناقشون تأثيرات الرئيس بايدن رفع الحظر العسكري على المتحولين جنسياً وكيف أنها تمثل نقطة تحول في حقوق المتحولين جنسياً.
بلير ماكنتاير (المدعي، ماكنتاير ضد ويتمر) هي متخصصة في الحرس الوطني لجيش ميشيغان، وخدمت سابقًا في الفرقة 101 المحمولة جوًا في الخدمة الفعلية. تعمل حاليًا كموظفة مدنية في الحرس الوطني، متخصصة في التسليح.
نيكولاس تالبوت (المدعي، ستوكمان ضد ترامب) نيك طالبٌ طموحٌ في الخدمة العسكرية من جنوب شرق أوهايو. التحق ببرنامج تدريب ضباط الاحتياط في الجيش بجامعته قبل سريان حظر التجنيد على المتحولين جنسيًا، ويسعى الآن للعودة إلى البرنامج بهدف التكليف كضابط استخبارات.
President Biden has already followed through on his strong commitment to fairness, equity and civil rights by quickly undoing some of the worst harms perpetrated by the Trump administration.
Alongside plans to address our national health, economic, and climate crises, Biden’s earliest actions have included reversing the Muslim travel ban, supporting DREAMers, and issuing orders focused on advancing racial justice. He also signed a powerful executive order prohibiting LGBTQ federal workplace discrimination and directing federal agencies to take steps to ensure federal laws that prohibit sex discrimination apply in equal force to LGBTQ people.
I am tremendously proud and relieved to see this day arrive. And I am incredibly grateful to our plaintiffs, partners, supporters, and everyone who has worked against this insidious ban for the past three and a half years.
It has been an honor to work alongside so many talented servicemembers and aspiring recruits in this fight. Their demonstrated commitment to service and their willingness to share their stories have not only corrected a damaging policy, but have advanced respect for the dignity, humanity, and contributions of transgender people in the military and beyond.
Our fight to end this ban has always been about fairness, equal opportunity, and service. President Biden’s order today honors those shared values and ensures that transgender servicemembers and aspiring recruits can again be assessed not on who they are, but on their ability to do the job.
Your support made this historic moment possible. With your continued support we will undo all of the profound harms done to our community and our country over the past four years and advance our collective dream of equality and justice for all.
٢٥ يناير ٢٠٢١ (واشنطن) - أصدر الرئيس بايدن اليوم أمرًا تنفيذيًا يرفع الحظر المفروض على الخدمة العسكرية للمتحولين جنسيًا. منذ أن بدأت الإدارة المنتهية ولايتها تطبيق الحظر في أبريل ٢٠١٩، هُدد أفراد الخدمة المتفانون من المتحولين جنسيًا بالتسريح، ومُنع الأمريكيون المتحولون جنسيًا المؤهلون من التجنيد أو المشاركة في تدريب ضباط الاحتياط أو الالتحاق بالأكاديميات العسكرية.
ومنذ إعلانه، تعرض الحظر لانتقادات من القادة العسكريين والخبراء وواجه انتقادات شديدة. معارضة واسعة النطاق من الحزبين من الجمهور. أصدرت محاكم فيدرالية متعددة أحكامًا ضده، مما حال دون سريان الحظر لمدة عامين تقريبًا بعد أن أصدره الرئيس ترامب لأول مرة في يوليو 2017. رفعت منظمة المدافعون القانونيون عن المثليين ومزدوجي الميل الجنسي ومغايري الهوية الجنسية (GLAD) والمركز الوطني لحقوق المثليات (NCLR) أول طعن قانوني، دو ضد ترامبفي أغسطس 2017، وانضم إلى منظمة Equality California في رفع دعوى قضائية ثانية، ستوكمان ضد ترامب, في الشهر التالي، تتوقع GLAD وNCLR حلاً سريعًا لجميع الدعاوى القضائية المعلقة المعارضة للحظر مع إصدار الأمر اليوم.
نيكولاس تالبوت
"إن هدفي الأسمى هو خدمة بلدي في الجيش الأمريكي وقد قاومت هذا الحظر لأنني أعلم أنني مؤهل للخدمة"، قال نيكولاس تالبوت، وهو عضو طموح في الخدمة وهو المدعي في ستوكمان ضد ترامب. أشعر بسعادة غامرة وارتياح كبيرين لأن تقييمي أنا وغيري من الأمريكيين المتحولين جنسيًا أصبح الآن قائمًا على قدرتنا على استيفاء المعايير العسكرية فقط. أتطلع إلى أن أصبح أفضل جندي في الخدمة العسكرية.
قال: "لقد كان نضالنا لإنهاء الحظر العسكري للمتحولين جنسياً يدور حول تكافؤ الفرص والعدالة والخدمة، وأمر الرئيس بايدن اليوم يكرم هذه القيم الوطنية المشتركة". جينيفر ليفي، مديرة مشروع حقوق المتحولين جنسياً في GLBTQ Legal Advocates & Defenders. "إن الأميركيين المتحولين جنسياً قادرون وسيقومون بتقديم المهارات اللازمة لقواتنا المسلحة على كافة المستويات، وأنا أتطلع إلى رؤية أمتنا تستفيد من مساهمات جيل جديد من القادة والوطنيين المتحولين جنسياً."
وقال "إن أمر الرئيس بايدن يسمح لنا بتجاوز هذه الحلقة المخزية ويمثل بداية حقبة أكثر إشراقًا حيث تعتمد الخدمة العسكرية مرة أخرى على مؤهلات الشخص، وليس على من هو". شانون مينتر، المديرة القانونية للمركز الوطني لحقوق المثليات. لقد أثبت المتحولون جنسيًا جدارتهم بالخدمة، ولا يطلبون سوى فرصة القيام بذلك وفقًا للمعايير نفسها التي تنطبق على الآخرين. هذا يوم عظيم لأمتنا، وراحة مُرحب بها من السياسات السلبية والمُثيرة للانقسام التي سادت خلال السنوات الأربع الماضية.
"بضربة قلم واحدة، وضع الرئيس بايدن حدًا لسياسة غير وطنية وتمييزية وأعطى الأمل لآلاف من أفراد الخدمة المتحولين جنسياً المؤهلين وعائلاتهم"، قال. ريك تشافيز زبور، المدير التنفيذي لمنظمة المساواة في كاليفورنيااليوم هو ثمرة جهود عدد لا يحصى من الوطنيين المتحولين جنسيًا - مثل نيك تالبوت وآخرين كثر - الذين رفعوا أصواتهم دفاعًا عن سبل عيشهم ووطنهم. لطالما وقفت منظمة "المساواة في كاليفورنيا" إلى جانب جنودنا المتحولين جنسيًا، ونحن فخورون جدًا بفعل ذلك اليوم.
No one should be fired for speaking out against racial harassment, and employers cannot misuse religion to harm workers and justify discrimination.
GLAD signed onto a مذكرة صديق المحكمة filed in the 10th Circuit Court by National Women’s Law Center in support of Gregory Tucker, an employee at Faith Christian Academy (FCA) who was fired after speaking out against race discrimination. FCA is attempting to strip Mr. Tucker of his civil rights protections using the “ministerial exception,” a doctrine designed to let houses of worship hire their own faith leaders. The arguments made by FCA are yet another dangerous example of employers seeking to use religion as a means by which they can deny employees workplace protections. More background on the case is متوفر هنا.
GLAD Heralds Biden Administration’s First Day Orders on Equity and Civil Rights
On his first day in office, President Biden issued a series of Executive Orders demonstrating the administration’s strong commitment to equity and civil rights. These measures include steps to reverse some of the most harmful policies of the last administration. They include reversal of the Muslim travel ban as well as measures to support DREAMers and to advance racial justice across federal government agencies and actions. In addition, President Biden issued a directive instructing federal agencies to prohibit LGBTQ workplace discrimination and to take all lawful measures to ensure that federal anti-discrimination statutes that cover sex discrimination apply in equal force to prohibit discrimination on the basis of sexual orientation and gender identity.
“President Biden has shown it is a new day in our country when it comes to civil rights protections,” said Janson Wu, GLAD Executive Director. “The President’s initial orders in support of racial justice, his executive order on ‘Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation’ as well as the explicit inclusion of LGBTQ people in a separate order launching a federal government equity initiative, will advance the cause of fairness across our communities. While our country’s laws still leave too many LGBTQ people and others unprotected in critical areas like access to public places and vital federally-funded social services, this order is an important step on the path toward justice. We look forward to working with the Administration, with Congress, and in our courts and state legislatures to ensure that all Americans are equally protected under the law.”
The President’s Order “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” instructs federal agencies to follow the June, 2020 Supreme Court بوستوك ruling that the prohibition against discrimination because of sex in federal statute includes protections for LGBTQ people. While بوستوك involved Title VII of the federal Civil Rights Act, barring workplace discrimination, this order directs federal agencies to interpret any sex discrimination prohibitions to protect LGBTQ individuals. This has far reaching implications for areas including healthcare, housing, and education — all areas in which Trump policy had targeted LGBTQ people for the denial of rights.
On the occasion of today’s historic inauguration, I went back to read these words that I wrote to the GLAD community after the 2016 election:
“The full, devastating impact of yesterday’s election is yet to be known, but I woke up this morning knowing that, first, we must take care of each other.”
Four years later, we have seen the impact of that election, and it has been devastating. It has wreaked havoc on our country’s people and communities, health, economy, wellbeing, and democratic institutions. And it has landed most heavily on the most vulnerable and marginalized.
But today is also an opportunity to reflect on the full extent to which we came together over the last four years to take care of each other.
GLAD supporters have been a critical part of that community of care.
Despite unprecedented attacks from the outgoing federal administration and opponents of equality, together we have:
Protected more LGBTQ people than ever before from discrimination. From passing transgender nondiscrimination protections in New Hampshire – the last state in New England to lack inclusive LGBTQ protections, to roundly defeating efforts to repeal Massachusetts’ transgender public accommodation discrimination protections at the ballot box, to the historic U.S. Supreme Court victory this past June affirming LGBTQ employment discrimination protections nationwide – we have made enormous progress towards ensuring all LGBTQ people can live, work, and thrive free from discrimination.
نيكولاس تالبوت
Defeated, diminished, and delayed efforts by the Trump administration to roll back our rights. We led the charge against the transgender military ban, preventing it from going into effect for two years and securing multiple federal court rulings in support of equal protection. The stories of transgender servicemembers and aspiring servicemembers, like our plaintiff Nic Talbott, grew increased respect for the contributions of transgender Americans in the military and beyond. We challenged Trump administration efforts to reverse healthcare protections for our community and continue to expand access to care for transgender youth and adults. And we have equipped our community with tools to protect against potential devastating harms, such as providing information about rights in accessing shelters and other vital services.
Made New England a conversion therapy free zone. All six New England states have passed laws prohibiting the use of conversion therapy on young people, a widely discredited practice that has been condemned by every major medical and psychological professional organization.
Rhode Islanders for Parentage Equality celebrating outside the State House
Ensured that more LGBTQ families are recognized and protected. We have guarded against every attempt to roll back our historic marriage equality victory, and worked to ensure LGBTQ families can have their parent-child relationships recognized and protected, regardless of whether the parents are married to each other or genetically related to their children.
Improved quality of life for our longest survivors of the AIDS epidemic and increased access to game-changing medication that will help end the epidemic. We passed first-of-its kind legislation in Massachusetts requiring insurance coverage for treatment of lipodystrophy, a highly disfiguring and debilitating condition that results from long-term HIV treatments. Through litigation and public education, we instigated industry-wide reform that stopped life, disability, and long-term care insurance discrimination against individuals who take pre-exposure prophylactic medication (PrEP) to prevent the transmission of HIV.
Deepened our commitment to racial justice, including in the criminal and juvenile justice systems. We won landmark rights for transgender incarcerated people to be housed according to their gender identity in ماساتشوستس و كونيتيكت. We secured the release of two LGBTQ youth who were being harassed and physically attacked in a Maine youth prison. And through policy change and individual advocacy, we are working to make it easier for trans youth in the juvenile justice system to receive lifesaving transition-related health care.
While these are just a few of our many victories, none of them would have happened without your support.
We have both endured and accomplished so much together over the past four years. And even as we remain rightly worried and vigilant about ongoing attacks on our multiracial democracy and our democratic values, today we can also celebrate our victories – both big and small – and look forward to a better future.
I ended my message after the 2016 elections with this promise: “GLAD is not going anywhere. We are here, and we will continue fighting like hell for all of us.”
That remains truer today than ever before. We have miles to go before we reach our destination of true, lasting justice for all. But I promise that with you by our side, GLAD will be fighting like hell every step of the way.
GLBTQ Legal Advocates & Defenders (GLAD) Executive Director Janson Wu issued the following statement in response to yesterday’s attack on the U.S. Capitol:
Yesterday we all watched in horror at what happened in D.C. That a mob of white vigilantes was able to violently invade our Capitol, displaying Confederate flags and other symbols of white supremacy, is outrageous, terrifying, and unacceptable.
The highest ideals of our democratic republic are in immediate peril. Today GLAD is calling for the removal of the President through the procedures set forth in the 25th Amendment to the United States Constitution or through impeachment.
What we witnessed yesterday is the culmination of four years of white supremacist attacks on our country spurred on by a president and his enablers who have stoked racist anger and spread lie after lie. After months of conspiracy theories, and relentless efforts to undermine legitimate election results, President Trump exhorted this mob to insurrection. He resisted marshalling the forces to quell this assault and has expressed his appreciation for its perpetrators.
It is vital that we ensure that the ideals of our democracy, including the peaceful transition of power from one President to the next, are carried out in the next fourteen days. The President of the United States is sworn to defend the Constitution and the rule of law. Because President Trump has demonstrated that he is unable to discharge his essential and fundamental duty, he must be relieved of his powers.
Yesterday also highlighted staggering differences in the response of law enforcement. It was shocking to see the confederate flag inside the Capitol, to see images of police taking selfies with white vigilantes and escorting others out with no immediate consequence, when we’ve witnessed over and over police target, detain and even kill innocent Black people, including those protesting for equal justice. We cannot turn away from the urgent need for bold action. We must work to root out white supremacy in policing and in all our structures and institutions, and make this country a true democracy for all of us.
Why GLAD is joining calls for President Trump’s removal
Like you, I watched in horror at what happened yesterday in D.C. That a mob of white vigilantes was able to violently invade our Capitol, displaying Confederate flags and other symbols of white supremacy, is outrageous and terrifying. I hope that you and your loved ones are safe, and able to take care of yourselves and each other today.
The highest ideals of our democratic republic are in immediate peril. That is why today, GLAD joins in the call for the removal of the President, whether through the U.S. Constitution’s 25th Amendment or impeachment.
What we witnessed yesterday is the culmination of four years of white supremacist attacks on our country spurred on by a president and his enablers who have stoked racist anger and spread lie after lie. After months of conspiracy theories and relentless efforts to undermine legitimate election results, President Trump exhorted this mob to insurrection. He resisted marshalling the forces to quell this assault and has expressed his appreciation for its perpetrators.
It is vital that we ensure that the ideals of our democracy, including the peaceful transition of power from one President to the next, are carried out in the next fourteen days. Because President Trump has demonstrated that he is unable to discharge this essential and fundamental duty, he must be relieved of his powers.
Yesterday also highlighted staggering differences in the response of law enforcement. It was shocking to see images of police taking selfies with white vigilantes and escorting others out with no immediate consequence, when we’ve witnessed over and over police target, detain, and even kill innocent Black people, including those protesting for equal justice. We cannot turn away from the urgent need for bold action. We must work to root out white supremacy in policing and in all our structures and institutions, and make this country a true democracy for all of us.
The horror of yesterday overshadowed something that gives me tremendous hope for that work ahead. At the end of a very long day, and despite craven, false objections from some members even in light of the attack on the Capitol, Congress took the final Constitutional step in certifying the presidential election. Americans voted by overwhelming margins for a new President in Joe Biden and a history-making Vice President in Kamala Harris, and that transition will take place on January 20. An overwhelming number of Americans have been engaged in our democratic process this year, including most recently in Georgia which yesterday also confirmed the election of the first Black Senator and the first Jewish Senator from that state.
Democracy will prevail and together, with determination and compassion, we will steer our country back toward advancing the work of justice, equity, and equality.
Statement from Janson Wu, GLAD Executive Director on the Events at the Capitol
Like you, we at GLAD are watching in horror at what is happening in D.C. today. We are hoping first and foremost for everyone’s safety. This outrageous and terrifying display is the culmination of the last four years of white supremacist attacks on our democracy. Any elected leader who refuses to condemn the actions of this mob and the words of a President who continues to spread lies about a free and fair election, is promoting the demise of our democracy. Any member of Congress who acts in support of conspiracy theories that the election was stolen is doing the same. Democracy must and will prevail.
The legal needs of children and their families are straightforward: our relationships must be recognized and protected, and youth in state custody must have the resources to thrive and have their identities affirmed. GLAD continues with its mission to update parentage laws and address the inequities so rife within the child welfare and juvenile justice systems. These systems most heavily impact marginalized communities: Black, Latinx, and Indigenous youth, and their families. And as the nation continues to navigate the global pandemic of COVID-19, GLAD has been working to support vulnerable families and marginalized youth most affected by this ongoing crisis.
Protecting Children and Families with Updated Parentage Laws
Rhode Islanders for Parentage Equality members at the Rhode Island Capitol
The support and stability that comes from a legally secure parent-child relationship provides the foundation of a child’s well-being. In many states, not every child has equal access to establishing this core legal relationship due to outdated laws which leave children vulnerable. GLAD is working to update parentage laws across New England so that they are constitutional and protect all children, regardless of the circumstances of their birth or the marital status or gender of their parents. Among other important protections, legislation based on the Uniform Parentage Act of 2017 provides clarity on how to establish parentage for children born through assisted reproduction, surrogacy, and to unmarried same-gender parents. As the law stands now in many states, not all children have ready access to the security of legal parentage, with some having to wait six months or longer to establish their parent-child relationship.
This vulnerability was highlighted recently in the case تبني دافني, where a couple formed their family with the support of a person acting as a gestational carrier. Because of Massachusetts’ outdated parentage statutes, there was no mechanism to clarify the legal parentage of the child at birth, so the gestational carrier was the legal parent, and the child’s parentage could only be clarified by adoption. The Massachusetts trial court twice dismissed the adoption, and the child was left in a legal parentage limbo for almost two years. GLAD submitted an amicus (friend-of-the-court) brief in support of the intended parents and in April 2020, the Massachusetts Supreme Judicial Court confirmed that Massachusetts had jurisdiction over the adoption and again urged the Legislature to act and update outdated statutes. تبني دافني illustrates one of many gaps addressed by the Massachusetts Parentage Act, now pending in the Massachusetts legislature.
The need for parentage reform is an urgent priority, and we secured more than one important victory in New England this summer with the final passage of the Rhode Island Parentage Act و legislation expanding access to adoption in New Hampshire which streamlines the adoption process for children of LGBTQ parents and ensures that children born through assisted reproduction can access a court decree of parentage. “Children born to unmarried and LGBTQ parents, and children born through assisted reproduction, all need and deserve to have their parentage protected and respected in every jurisdiction,” said GLAD Staff Attorney Chris Erchull when the New Hampshire bill was signed into law. The critical legislation that passed in these states builds momentum so that more advances will follow, allowing all families to be protected by the law.
Advances in parentage protections are so important for our families and communities, and they can take years to build momentum into a victory. But as we did in Maine in 2015, Vermont in 2018, and Rhode Island and New Hampshire in 2020, we will keep working to pass these protections in Connecticut and Massachusetts in the next legislative session. If you have directly experienced the vulnerabilities of outdated parentage laws, you can help be a part of the work to protect children and families across New England. Click here to share your family’s story.
Partnering with Communities to Build Restorative Justice Practices and Incarceration Alternatives
GLAD and Citizens for Juvenile Justice staff at the 2020 Youth Justice Briefing at the Massachusetts State House.
In order to create better community supports for young people and alternatives to incarceration, GLAD is actively advocating for reforms in Maine’s juvenile justice system. Civil Rights Project Director Mary Bonauto has been working with young people and adult allies to divert young people from the formal juvenile justice system before they are incarcerated, and to move them into restorative justice settings where they can keep their connection with family and community. With Rep. Victoria Morales, GLAD is supporting a bill to eliminate incarceration for some young people, reduce length of sentences, and provide periodic judicial reviews with counsel for those who are incarcerated. This work began in concert with other youth advocates, with direct representation of incarcerated young people, and gained further momentum with a March 2020 Report of the Maine Juvenile Justice Reinvestment Task Force, a body on which GLAD Civil Rights Project Director Mary Bonauto served.
The need for better community support is critical to creating spaces for marginalized youth to feel belonging and to plan for their future. The inequities of our society are shown clearly in who ends up in the juvenile justice system: youth facilities are disproportionately made up of youth of color and LGBTQ youth, as well as young people who are lower income or have disabilities.
This work cannot succeed without also addressing schools – the place where young people spend a significant part of their waking hours. The “school-to-prison-pipeline” refers to the proven connection between incarceration and previous school suspensions, disproportionate discipline of LGBTQ students and students of color, and over-policing in schools. One recent development in this area followed a months-long examination of the role of police in the Portland public high schools and public hearings in which GLAD participated. The School Board decided to transfer the funds used for school police officers to prevention, training, and restorative justice work in the schools and among staff, and to return to a system where police already on patrol can respond immediately for emergencies.
In Massachusetts, GLAD has been working on similar issues to reduce pipelines to incarceration as a part of the Juvenile Justice Coalition led by Citizens for Juvenile Justice. Legislative efforts in Massachusetts include bills to raise the maximum age for incarceration in the juvenile system to avoid deeper system involvement in the adult corrections system, to collect comprehensive demographic data on youth involved in the juvenile justice system, and to decriminalize consensual sexual activity between youth who are close in age. We will continue to advocate for legislative advances in the next session beginning in January 2021.
GLAD will continue to fight for LGBTQ youth and families and do all we can to ensure they are safe and supported in all areas of their lives.
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