Federal Judge Rules UNC Can't Enforce Unjust HB2 Potty Provisions

Had more good news for transkind happen on Friday when we got an unexpected HB2 ruling in North Carolina that went our way.

US District Judge Thomas Schroeder (GW Bush appointee) issued a surprising 83 page ruling in our favor and in favor of the three trans plaintiffs that filed a lawsuit challenging Hate Bill 2's anti-trans provisions as violations of Title IX.

Judge Schroeder granted a temporary injunction against the University of North Carolina's attempt to enforce HB 2 against trans Tarheel students and a trans UNC employee that he unfortunately said only applies to the three plaintiffs in the case.

The Carcano v McCrory case goes to trial in November, and in what has to be additional bad news for the North Carolina GOP transphobes, Judge Schroeder stated he expects that the plaintiffs will succeed in proving their claim that  HB 2 is a violation of the Title IX law that bars sex discrimination in schools.

"Today is a great day for me and hopefully this is the start to chipping away at the injustice of HB 2 that is harming thousands of other transgender people who call North Carolina home," said Joaquin Carcano, the lead plaintiffs in this case in a statement released by the ACLU.

"Today, the tightness I have felt in my chest every day since HB 2 passed has eased.  But the fight is not over: we will not rest until this discriminatory law is defeated," Carcano added.  

But evil never sleeps, and the right-wing hatemongers and GOP trans oppressors who passed Hate Bill 2  are determined to continue the fight to oppress trans people as their latest brief they filed in the Carcano case suggests.

However, Judge Schroeder is still reserving judgment on the other parts of their claim that he will make a final ruling on in November.

And FYI, in the 4th Circuit, despite the unjust ruling that came out of Wichita Falls last week by another GW Bush appointee, the positive ruling made in April in the Grimm v Gloucester County case at the 4th Circuit appeals level is the controlling precedent.

I'm also cautiously optimistic after reading the opinion Judge Schroeder issued and this money quote that grabbed my attention:

Defendants argue that separating facility users by biological sex serves prophylactically to avoid the opportunity for sexual predators to prey on persons in vulnerable places. However, the individual transgender Plaintiffs have used facilities corresponding with their gender identity for over a year without posing a safety threat to anyone … Moreover, on the current record, there is no evidence that transgender individuals overall are any more likely to engage in predatory behaviors than other segments of the population. In light of this, there is little reason to believe that allowing the individual transgender Plaintiffs to use partitioned, multiple occupancy bathrooms corresponding with their gender identities, as well as UNC to seek to accommodate use of similar showers and changing facilities, will pose any threat to public safety, which will continue to be protected by the sustained validity of peeping, indecent exposure, and trespass laws. And although Defendants argue that a preliminary injunction will thwart enforcement of such safety laws by allowing non-transgender predators to exploit the opportunity to cross-dress and prey on others ...,the unrefuted evidence in the current record suggests that jurisdictions that have adopted accommodating bathroom access policies have not observed subsequent increases in crime …

We'll see if this is exactly what happens in a few months, but if it does, it's music to my ears and music to the ears of the ACLU, ACLU-NC, Lambda Legal, Equality North Carolina and the Department of Justice, who has also filed their own lawsuit seeking to strike down HB2.

PFLAG Statement on Unjust Texas vs. United States Case

PFLAG National Executive Director Jody M. Huckaby has issued the following statement concerning the unjust injunction issued by GW Bush appointed US District Judge Reed O'Connor in the Texas vs United States case..

The injunction issued today by US District Judge Reed O'Connor in Texas v. United States puts transgender students even further in harm's way.  Thousands of PFLAG families across the country are already having to navigate school environments that marginalize their trans kids; this ruling only adds fuel to the discriminatory fire.  

 The unfounded fears of a few should not and must not outweigh the safety and dignity of transgender students, who simply want to learn in a secure and welcoming environment, as all students do.

School administrators have a responsibility to create such an environment for all students who walk through their doors, and this injunction does not bar them from implementing inclusive policies to do so.  

Thanks Jody and PFLAG for having the trans community's backs as standup allies even when it wasn't the cool thing to do, and while this ruling stinks, knowing that our allies are standing with us to help us fight it on behalf of our trans kids is comforting to us as trans elders and parents of trans kids.

Unjust Injunction Granted In Texas vs United States Trans Rights Case

The transphobic oppressors won a round in federal district court as US District Judge Reed O'Connor, a known anti-LGBT rights oppressor and GW Bush judicial appointee issued a preliminary nationwide injunction Sunday against the federal government's DOE/DOJ guidance to public schools regarding their legal responsibility to allow transgender students to use the same restrooms as other cisgender students.

Translation: the current jacked up status quo is in place until the lawsuit flied by my indicted attorney general works its way through the federal court system.  The federal government can appeal the injunction and request a stay of it if they wish to the appellate court or the SCOTUS.

All elections at every level of government matter.  Presidential elections matter because they get to select SCOTUS and federal judges.  If you're pissed off about this ruling, keep that in mind on November 8.

Lambda Legal, the ACLU of Texas, the Transgender Law Center, the GLBTQ Legal Advocates and Defenders (GLAD) and National Center for Lesbian Rights (NCLR) had submitted a joint friend of the court amicus brief in the lawsuit by Texas and 10 other Republican controlled states subsequently joined by two others against the United States, the Departments of Education, Justice and Labor and several federal officials

Those organizations issued a joint statement shortly after Judge O'Connor's unjust ruling.:

A ruling by a single judge in one circuit cannot and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination. This unfortunate and premature ruling may, however, confuse school districts that are simply trying to support their students, including their transgender students.

 So let us make it clear to those districts: your obligations under the law have not changed, and you are still not only allowed but required to treat transgender students fairly.

The scope of this injunction has no effect on the ability of other courts or lawyers representing transgender people to continue to rely on the federal government’s interpretations of Title IX or on prior decisions that have reached similar conclusions about the scope of federal sex discrimination laws. 

The court’s misguided decision targets a small, vulnerable group of young people – transgender elementary and high school students – for potential continued harassment, stigma and abuse.

Those five civil rights organizations pointed out that Judge O'Connor failed to consider the interests of the transgender students the federal laws sought to protect,  and pledged "We will continue to file lawsuits representing transgender students and litigate them to the fullest extent of the law-regardless of what happens with this particular federal guidance."

Chuck Smith, the CEO of Equality Texas also expressed his organization's disappointed over the unjust ruling.

We are disappointed by the ruling, but despite this setback, we are hopeful and know that the civil rights of all students will ultimately prevail. 

Transgender Texans, and in particular transgender kids, must be afforded the most basic dignity to use the restroom. Paxton’s actions seek to punish and harm transgender students who have done nothing wrong. 

We will continue to fight with the parents of these children until “ALL” children do not face discrimination and are treated equally under the law.
An injunction doesn't change what existing law is. It would only apply to the DOJ's issuance of its interpretation. So schools still need to comply with the law. Title IX and VII still prohibit discrimination on the basis of sex.

This decision does nothing to prevent school districts to work with parents on an individual basis to ensure they are protected in school and do not face bullying, alienation or discrimination.

In the ruling, Judge O’Conner said, “the difficult policy issue is not a subject of his order.” We believe this civil rights issue will ultimately be decided by the U.S. Supreme Court.

The band of trans oppressor states joining together to gleefully oppress trans students in addition to my home state of Texas, includes Alabama, Georgia, Kentucky (through its GOP Gov. Matt Bevin) Louisiana, Mississippi, (through its GOP Gov. Phil Bryant ), Oklahoma, Tennessee, Utah, West Virginia and Wisconsin.   Other plaintiffs seeking to oppress trans students are the  Arizona Department of Education, the Heber-Overgaard Unified School District in Arizona, Harrold ISD in Texas and Maine Gov. Paul LePage (R)

The good news is that many of these plaintiffs are in the Fourth, Sixth, Ninth and Eleventh Circuits which have already issued binding appellate rulings that are consistent with the guidance of the federal agencies.

This is just the opening rounds of this court battle.  I'm positive there is going to be a day coming soon that I will have good news to report when it comes to this Texas v United States case and common sense and justice will prevail.

Paxton's Unjust Anti-Trans Lawsuit Being Heard In Federal Court

School is about to start in the over 1000 independent school districts in Texas and elsewhere, and our indicted GOP Attorney General Ken Paxton, fresh off a loss from his futile defense of the unjust Texas voter suppression law has now turned his attention toward oppressing trans people.

Yesterday Paxton asked for an expedited ruling in their federal lawsuit they have filed against the DOE/DOJ Dear College letter guidelines that encourage school districts to not discriminate against their transgender students.

But since the Republican Party is now politically invested in oppressing transgender people for their nefarious political gain, of course he would lead twelve other Republican controlled states in the effort.

The case is being heard in Judge Reed O'Connor's court in Fort Worth, and I'm nervous about it because this judge is a GW Bush appointee and has an anti-LGBT rights history.

However, the fact that after a two hour hearing Judge O'Connor didn't issue a ruling in either direction may be a good sign.

But until he actually announces it, it could go either way.  Because of this judge's anti-LGBT history and being a GW Bush appointee, I'm not expecting positive news out of Fort Worth

We'l see if Judge O'Connor rejects Paxton's and attorney Austin Nimock's argument that the federal government has usurped the authority of states and schools by requiring that sexes must be mixed in  'intimate areas' like bathrooms.

The administration is arguing that discrimination against transgender students violates federal nondiscrimination statutes, violates Title IX, and gives transgender students the right to use their prefered bathroom in public school, and requires schools to treat a students gender identity as the student's sex for the purposes of Title IX compliance.

I have an idea what Republicans like Paxton and his transphobic friends have historically done in bathrooms since they are so overly fixated on them.

But we are tired of in Trans World the GOP doing nonstop fear mongering about them.

Texas so far has not only jumped the gun by filing this lawsuit before the DOE/DOJ guidelines have had time to be enacted so we can see their effects in real time, but have also not shown so far how the DOE/DOJ guidelines have 'irreparably harmed Texas and the other states suing for the right to continue to oppress trans children.

This is also about Texas and its 12 co -conspirators wanting to continue to hate on President Obama by any means necessary, Dan patrick and Greg Abbott trying to divert attention from their SB 14 court loss, and Paxton trying to deflect from his own legal problems at the expense of our human rights.

Two More Trans Women Of Color Killed In Ohio And Texas

While I was up in western New York making a little trans history with Janet Mock, the world kept turning, and I stepped off the ground to find out that two of my sisters have been killed.

And once again, it fit the infuriating pattern in these trans murders of both trans women being under age 40, and being trans women of color

The one that really bothers me is the murder of 28 year old Rae Lynn Thomas of Columbus, Ohio.   This one happened mere weeks after the death up I-71 un Cleveland of 26 year old Skye Mockabee and sadly fits one of my mantras that I often repeat when I talk about anti trans bigotry and hatred.

Anti-trans hate thoughts + anti-trans hate speech = anti-trans hate violence and murders.

Thomas was murdered by her mother's transphobic ex boyfriend James Allen  Byrd.   He often hurled anti-trans slurs at Rae Lynn and referred to her as 'the devil'.

Gee, wonder where the 53 year old Byrd heard that description and some of that anti-trans rhetoric?  Pope Francis? Some sellout kneegrow pastor?   The Republican Party?   Right wing media?

Wherever he heard it, it unfortunately resulted in Byrd unfortunately taking his transphobic hate thoughts and hate speech to another level on Wednesday, as he called Thomas 'the devil' one last more time before he shot her twice and killed her.

And once again, the local paper, the Columbus Dispatch, added insult to injury by not only misgendering Rae Lynn, but refuses so far to correct their problematic story.

He was arrested, charged with murder and is being held in the Franklin County Jail on a $2 million bond.   Hope that will be a permanent condition for his when justice is served in this case.

775 miles to the west of me along I-10 in El Paso, we lost another trans woman to senseless anti-trans violence on Monday.

38 year old Erykah Tijerina was found dead in her apartment on Lisbon St.   El Paso County medical examiners have not as yet ruled on the cause of Erykah's death, but El Paso police investigators in the Crimes Against persons unit are quoted as saying there were obvious signs of foul play.

And just as in the Thomas murder, Tijerina was misgendered in the El Paso press.

Her family thinks it was a hate crime and she was targeted for being her unapologetic trans Latina self.  In case you're wondering, no thanks to Diane Hardy-Garcia, the head at the time of the proto organization, the Lesbian Gay Rights Lobby that became Equality Texas.  As the ED of the LGRL she was responsible despite our best efforts, for throwing Texas trans people under the legislative bus in 1999 and 2001,

And nope, still pissed off about what happened in Austin at that time.

As a result of her actions, Texas trans people are not covered under the state's James Byrd Hate Crimes law that eventually passed in the 2001 Texas legislative session.  Translation: Tijerina's death isn't being investigated as a hate crime as a result of that legislative bull feces.

I'll gripe about that legislative travesty another time.  Right now I need to be focused on the fact my fellow Texan's life was tragically cut short earlier this week.

And yeah Dan Patrick, Greg Abbott, Ken Paxton and Texas Republican Party, your anti-trans rhetoric has real world consequences and negative ripple effects in the lives of transgender Texans

As of this writing there has not been an arrest made in Tijerina's murder, and anyone who has information that will lead to the capture and successful prosecution of it is urged to call El paso Crime Stoppers at 915-566- TIPS (8477) or toll free at 877- 566-TIPS.

If you have tips that will lead to the expeditious capture, prosecution and conviction of Tijerina's killer, please call the El Paso Police Department at 951-000-0000, text EPPD and the tip to 847411 or submit an anonymous tip

There will be a vigil hosted by Sun City Pride for Tijerina at The Edge nightclub tonight at 8:30 Pm MDT, with a second vigil being planned for August 21.

Tijerina's family also has a GoFundMe page up to help raise funds to defray the costs of her funeral.

I will be keeping up with the legal developments in both these cases until both the perpetrators of these murders are brought to justice.

Rest in power and peace Rae Lynn and Erykah.

Justice For Mercedes Williamson! Vallum Found Guilty!

There's updated news in the Mercedes Williamson case.  Josh Vallum, the waste of DNA who killed Williamson has pled guilty to her murder, and was sentenced to life in prison!

The 28 year old Vallum was a member of the Latin Kings street gang, and he stabbed and beat to death 17 year old Williamson back on May 30, 2015 at his father's home in George County, MS and buried her on the property.

Vallum was indicted for the murder of Williamson on July 29, 2015 and pled guilty to the heinous crime.  

Vallum will be eligible for parole when he hits age 65, which won't be until 2053.

But we can now note that another murderer of a trans woman is locked up behind bars, and we'll be watching and waiting 3 years from now to ensure you stay there.

Continue to rest in power and peace, Mercedes.

Down Goes The Texas Voter Suppression Law Again!

You know how much I despise the Texas voter suppression law that is considered one of the most restrictive in the nation.  The GOP dictatorship controlled Texas legislature passed the law in 2011 to as they gleefully admit suppress the votes of Black and Latino Texans in their desperate bid to keep political control of a state that  non-white Texans since 2009 have been the dominant population group.

SB 14 requires Texans to have one of six forms of ID, a Texas driver's license or ID card, a concealed handgun license, a US passport, a military ID card or a US citizenship certificate with a photo.

African American and Latinx Texans have contended since the unjust SB 14 law was passed in 2011 that it was discriminatory, and have been fighting it in court ever since.  Texas, and specifically our texas republican overlords keep spending our Lone Star tax dollars ($3.5 million) so far to keep the unjust law in effect.

Doing the happy dance right now because the Dallas Morning News is reporting the Texas voter suppression law was once again struck down in federal court under the VRA's Section 2.

In a 9-6 en banc ruling. the 5th Circuit affirmed previous rulings that the Texas Voter ID Suppression Law violates federal laws prohibiting racial discrimination in elections and struck it down today..

'The record shows that the drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact," wrote Judge Catharina Haynes in her ruling.  BTW, in case you're keeping score, surprise surprise, Judge Haynes is a GW Bush appointee.

I'm not the only Texan happy about this ruling.   The Texas Democratic Party and a long list of liberal social justice groups are hailing the decision striking down the odious SB 14.

"Texas Republican's discriminatory Voter ID law has held some 700,000 Texans away from their right to vote for many elections now," said Gilberto Hinojosa, the chair of the Texas Democratic Party as he commented on the decision. "Unfortunately, that damage by Republicans has already been done to our families.  However we can now look forward to a fairer election system, worthy of our great state. This is a huge win for voting rights in Texas and across the nation."

The law has been struck down now three times, twice under the now eviscerated Section 4 of the Voting Rights Act, and now under Section 2 of the VRA,   May it stay dead.

RIP Deneequia Dodds

Once again we have lost another of our young trans people to senseless violence.

22 year old Dennequia 'Dee Dee' Dodds was shot in the early morning hours on July 4 in a northeast DC alley just a few blocks from her home in the 200 block of Division Ave NE.  After police were flagged down to reach her at 3 AM EDT, she was taken to an area hospital with a gunshot wound to her neck, and was on life support for nine days before she was taken off of it and died July 13

"Her death reminds us all how often the transgender community is targeted for violence in our society," said longtime DC based trans advocate Earline Budd, who is acting as a spokesperson for the family.

Casa Ruby founding executive director Rudy Corado said in a statement, "Deneequia was part of the Casa Ruby family, and she is gone but not forgotten.  Her death will not be in vain."

"Casa Ruby denounces the genocide of young transgender women of color. People in leadership need to address the employment barriers that keeps trans women of color from accessing the resources they need to grow healthy and thrive," Corado added.

She would have celebrated her 23rd birthday this month.   Instead her family is planning her funeral instead of a birthday party. . A vigil was held in the courtyard of her home  at 5255 Clay Terrace NE on Saturday, with Dodds' funeral scheduled to take place July 25.

Deneequia Dodds has become the 15th trans person to die this year, and fits the ongoing pattern of anti-trans violence of  being a trans woman of color and under age 30.

DC Metropolitan Police has not released any information about a suspect, nor are they investigating Dodds' murder as a hate crime.  But with her death, when they do catch the perpetrator of this crime, that waste of DNA will be facing homicide charges.

MPD is also looking for information that will help solve this crime and bring Deneequia's killer to justice    You can call 202-727-9099 if you have information about this case.  You can also text 50411 to anonymously submit you information about this case.

There is a reward of up to $25,000 for information that leads to an arrest and conviction in this  case, and I hope our sister receives justice soon.  The Washington DC trans community and our allies will be making sure that happens.

Meagan Taylor's Iowa Discrimination Case Settled

You TransGriot readers may recall last July when girl like us Meagan Taylor and a trans friend's stay at a West Des Moines, Iowa Drury Inn on their way to Kansas City for a funeral turned ugly after a transphobic hotel employee called the police with a false claim of prostitution on the premises..

It resulted in Taylor spending 8 days in the Polk County, Iowa jail, missing the funeral, and becoming a real time example of why public accommodations language is critical in any non discrimination ordinance that aims to cover trans people.

Taylor and the ACLU-Iowa sued in November, and I'm pleased to report that with the help of the ACLU, Taylor's case was settled to the mutual satisfaction of the hotel and herself.

"What happened to Meagan was simply unacceptable and un-Iowan," said Rita Bettis, the legal director of the ACLU-Iowa. "Iowans have long valued the importance of treating every person fairly, and Iowa law has expressly protected against this sort of harmful discrimination by businesses against their transgender customers since 2007."

Thank you Meagan for standing up for your human rights, and glad the case was successfully resolved to your satisfaction.

Remembering The Harris County Impact Of The Obergefell SCOTUS Ruling

One year ago the landmark Obergefell v Hodges case ruling was issued by the Supreme Court that made marriage equality legal in all 50 states despite the best efforts of right wing haters to enact marriage bans in many state constitutions.

It was a amazing day last year watching that history unfold as Nikki Araguz Loyd, Will Loyd, Ashton Woods, Brandon Mack, Ray Hill, Alene Levy and I sat in the office of attorney John Nechman and Mitchell Katine munching on Shipley's donuts, kolaches and sipping orange juice while await the landmark ruling that was about to drop at 9 AM our time.

When it did, I remember John looking stunned for a moment, and a wide smile subsequently breaking over his face as he announced to us that the SCOTUS had sided with Obergefell.

Since the Araguz v Delgado trans marriage case was at the Texas Supreme Court level at the time, Nikki asked what that meant for her case, and was told that it meant that she was going to win it since the opposition had based their entire case on being a replay of Littleton v Prange.

That's when I realized that the Obergefell ruling was also going to positively affect the ability of trans people to get married.   I heard a few hours later about other cis-trans couples also getting married either on that day or getting their licenses so they could do so later.

After celebrating at Nechman's office, Nikki, Will and I decided to head over to the Harris County Courthouse to see if our Republican county clerk Stan Stanart was going to  let the marriages happen or would they would try some last ditch massive resistance to delay things.


Texas Attorney General Ken Paxton (R) was already trying to lay the groundwork for him and other oppressive county clerks to do just that.  As we arrived at the Harris County Courthouse at 12:30 PM there were already six people in line waiting to get their marriage licenses and get married.

As Nikki and Will got in line to get their marriage license, I kicked into reporter mode and started tweeting and posting Facebook statuses on the drama that was beginning to unfold at the Harris County Courthouse as Stanart tried stalling tactic after stalling tactic designed to not issue marriage licenses to same gender couples.

The legal hammers started coming down around 1 PM from Harris County Attorney Vince Ryan (D) and one representing a couple who was at the head of the line waiting to get their license.

As we watched and waited for that legal drama to play out, Judge Kyle Carter (D) announced to the folks waiting in line that he would waive the usual 72 hour waiting period and marry coupes in his chambers.

At 2 PM Stanart capitulated and started issuing marriage licenses to the growing line of couples, and Nikki and Will got their license and renewed their vows in Judge Carter's chambers    I also got to witness a few friends in the community like Daniel Williams and his spouse Jason do the same thing before departing for home.

That June 26 day was not only one for the history books, it was one in which I found myself in the interesting position of being able to watch how it unfolded in Harris County.

Tamara Dominguez Murder Update

As you TransGriot readers know, we had a record number of trans women killed in 2015, with far too many of them being Black and Latina. Information about the state of their cases at times has either been slow in coming or I have been busy keeping up with other community news stories that have unfortunately resulted in me putting these cases on the back burner until new info pops up.

I now have some updated info for the Tamara Dominguez case.   You'll recall 36 year old Tamara was run over multiple times and left for dead in a Kansas City, MO church parking lot on August 15, 2015, and later succumbed to her injuries.

Dominguez's death was declared a homicide due to blunt force trauma.

And unfortunately, the pattern of disrespect in death continued.  Local KC media deadnamed her before correcting the story.  Her body was eventually shipped back to Mexico, where her brother refused to recognize her transition, deadnamed her, had a closed casket ceremony and refused to follow the Mexican feminine burial tradition of decorating the ceremony with red and white flowers.

The person accused of murdering her is 29 year old Luis M. Sanchez.  Surveillance video showed her getting into a black Chevy Avalanche SUV owned by Sanchez.  A witness saw her get out of it and slam the passenger side door before walking away.

The witness then observed Sanchez gun the SUV's engine as he ran over Dominguez with it several times before departing the scene and as we now know fleeing to Colorado after his vehicle was seized by authorities on August 21, 2015.

Sanchez was arrested in Lakewood, Colorado on May 3, and charged on Monday with first degree murder and armed criminal action according to Jackson County prosecutor Jean Peters-Baker.

Prosecutors have requested a $250,000 bond for Sanchez as he awaits extradition back to Missouri to face the legal music for the murder of Tamara Dominguez.. That extradition hearing will take place in Jefferson County, CO on July 11.

Missouri also has a hate crimes law that covers gender identity, but so far the case is not being prosecuted by authorities as a hate crime.   Really?  A trans feminine person is run over with an SUV multiple times and it's NOT a hate crime?

Stay tuned as we see if Tamara receives justice and if Luis M. Sanchez pays for his crime.

RIP Amos Beede

One of the things we don't talk about often enough in Trans World is that trans men also are assaulted and attacked for being themselves, and from time to time they are fatal assaults.

An example of this happened May 22, in which 38 year old trans man Amos Beede, who wasn't homeless, but was staying with friends over the weekend in a homeless encampment in Burlington, VT because the local bus wasn't running.  Beede was viciously assaulted and kicked by four homeless people and suffered blunt force trauma to his brain, facial injuries and several broken ribs in what has been described as a 'possible bias incident'..  

He was taken to the University of Vermont Medical Center where Beede died seven days later as the four suspects in the case immediately fled Vermont in a Chevy Malibu and headed to California    They were briefly detained in Roswell, NM when 21 year old Erik Averill, was arrested and held on accusations of assaulting his intimate partner, 22 year old Myia Barber.

Once Averill was released, the four continued their journey to California, where they were arrested Thursday night at Dog Beach, a San Diego homeless encampment by San Diego PD officers after a nationwide manhunt..

Averill and Barber, 25 year old Alison Gee, and 21 year old Jordan Paul were all arrested and charged with second degree murder and are facing extradition back to Vermont to face the legal music there.

Rest in power and peace Amos.   We will be tracking this case to see if you receive justice.

Jillian Weiss Appearing Again On CNN Legal View

I guess CNN loves Dr. Jillian Weiss as much as I and the trans community does.

After her May 9 appearance on Legal View With Ashleigh Banfield to discuss the legal issues surrounding HB 2, Dr Weiss will be back on CNN again at 12 noon EDT/11 AM CDT to discuss not only HB 2, but the recent declaration by the DOJ that they will do everything possible to protect trans people and today's Department of Education decree..

Should be an interesting and informative discussion from one of our community's wonderful attorneys.  If you want to hear how this affect us trans folks legally from someone who has tried and won trans civil rights cases, then you need to tune in if possible..  

Once CNN posts the video from this latest conversation, I'll post it on the blog.,

Two Arrests Made In Keyonna Blakeney Case

Good news to report in the case concerning our departed sister Keyonna Blakeney, who was found on April 16 beaten and stabbed to death in a Rockville, MD hotel room days after celebrating her birthday.  

 Two arrests have been made in the case.  Montgomery County. MD police with the assistance of US Marshals have arrested 21 year old Keith Christopher Renier and 17 year old juvenile Arbra Arnie Bethea in SE Washington DC yesterday and charged both of them with first degree murder..  

Bethea has been charged (and rightly so) as an adult in this case, but because he is a juvenile, a photo of him was not released to the media.  Renier and Bethea are also facing charges of armed robbery, conspiracy to commit first degree murder and conspiracy to commit armed robbery.

Both are being held in the custody of the district of Columbia Department of Corrections and are both awaiting extradition to Montgomery County, MD.

Stay tuned to these TransGriot electronic pages to get more information about this ongoing Blakeney case as I receive it.  Let's also hope and pray that justice is properly served.

AG Loretta Lynch Drops The Legal Hammer On NC

"Let me also speak directly to the transgender community itself.  Some of you have lived freely for decades.  Others of you are still wondering how you can possibly live the lives you were born to lead.  But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that  we see you; we stand with you; and we will do everything we can to protect you going forward.  Please know that history is on your side.  This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time.  It may not be easy – but we’ll get there together. "
--US Attorney General Loretta Lynch, May 9, 2016

In response to North Carolina filing a federal lawsuit today to defend their unjust Hate Bill 2 and Gov. Wallace Pat McCrory's laughable claim they are being 'bullied' by the federal government, US Attorney General Loretta Lynch dropped the legal hammer on North Carolina by counter-suing them and emphatically making it clear that the DOJ and the Obama Administration stood with the transgender community in this human rights fight. it.

Here's the link to the full text of the original remarks as prepared for delivery and the video..

***

Good afternoon and thank you all for being here.  Today, I’m joined by [Vanita] Gupta, head of the Civil Rights Division at the Department of Justice.  We are here to announce a significant law enforcement action regarding North Carolina’s Public Facilities Privacy & Security Act, also known as House Bill 2.  

The North Carolina General Assembly passed House Bill 2 in special session on March 23 of this year.  The bill sought to strike down an anti-discrimination provision in a recently-passed Charlotte, North Carolina, ordinance, as well as to require transgender people in public agencies to use the bathrooms consistent with their sex as noted at birth, rather than the bathrooms that fit their gender identity.  The bill was signed into law that same day.  In so doing, the legislature and the governor placed North Carolina in direct opposition to federal laws prohibiting discrimination on the basis of sex and gender identity.  More to the point, they created state-sponsored discrimination against transgender individuals, who simply seek to engage in the most private of functions in a place of safety and security – a right taken for granted by most of us.  

Last week, our Civil Rights Division notified state officials that House Bill 2 violates federal civil rights laws.  We asked that they certify by the end of the day today that they would not comply with or implement House Bill 2’s restriction on restroom access.  An extension was requested by North Carolina and was under active consideration.  But instead of replying to our offer or providing a certification, this morning, the state of North Carolina and its governor chose to respond by suing the Department of Justice.  As a result of their decisions, we are now moving forward. 

Today, we are filing a federal civil rights lawsuit against the state of North Carolina, Governor Pat McCrory, the North Carolina Department of Public Safety and the University of North Carolina.  We are seeking a court order declaring House Bill 2’s restroom restriction impermissibly discriminatory, as well as a statewide bar on its enforcement.  While the lawsuit currently seeks declaratory relief, I want to note that we retain the option of curtailing federal funding to the North Carolina Department of Public Safety and the University of North Carolina as this case proceeds.

This action is about a great deal more than just bathrooms.  This is about the dignity and respect we accord our fellow citizens and the laws that we, as a people and as a country, have enacted to protect them – indeed, to protect all of us.  And it’s about the founding ideals that have led this country – haltingly but inexorably – in the direction of fairness, inclusion and equality for all Americans.

This is not the first time that we have seen discriminatory responses to historic moments of progress for our nation.  We saw it in the Jim Crow laws that followed the Emancipation Proclamation.  We saw it in fierce and widespread resistance to Brown v. Board of Education.  And we saw it in the proliferation of state bans on same-sex unions intended to stifle any hope that gay and lesbian Americans might one day be afforded the right to marry.  That right, of course, is now recognized as a guarantee embedded in our Constitution, and in the wake of that historic triumph, we have seen bill after bill in state after state taking aim at the LGBT community.  Some of these responses reflect a recognizably human fear of the unknown, and a discomfort with the uncertainty of change.  But this is not a time to act out of fear.  This is a time to summon our national virtues of inclusivity, diversity, compassion and open-mindedness.  What we must not do – what we must never do – is turn on our neighbors, our family members, our fellow Americans, for something they cannot control, and deny what makes them human.  This is why none of us can stand by when a state enters the business of legislating identity and insists that a person pretend to be something they are not, or invents a problem that doesn’t exist as a pretext for discrimination and harassment.

Let me speak now to the people of the great state, the beautiful state, my state of North Carolina.  You’ve been told that this law protects vulnerable populations from harm – but that just is not the case.  Instead, what this law does is inflict further indignity on a population that has already suffered far more than its fair share.  This law provides no benefit to society – all it does is harm innocent Americans. 

Instead of turning away from our neighbors, our friends, our colleagues, let us instead learn from our history and avoid repeating the mistakes of our past.  Let us reflect on the obvious but often neglected lesson that state-sanctioned discrimination never looks good in hindsight.  It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference.  We have moved beyond those dark days, but not without pain and suffering and an ongoing fight to keep moving forward.  Let us write a different story this time.  Let us not act out of fear and misunderstanding, but out of the values of inclusion, diversity and regard for all that make our country great. 

Let me also speak directly to the transgender community itself.  Some of you have lived freely for decades.  Others of you are still wondering how you can possibly live the lives you were born to lead.  But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that  we see you; we stand with you; and we will do everything we can to protect you going forward.  Please know that history is on your side.  This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time.  It may not be easy – but we’ll get there together. 

I want to thank my colleagues in the Civil Rights Division who have devoted many hours to this case so far, and who will devote many more to seeing it through.  At this time, I’d like to turn things over to Vanita Gupta, whose determined leadership on this and so many other issues has been essential to the Justice Department’s work.. 
***
Thank you Attorney General Lynch, the DOJ and the Obama Administration, which has once again proven they are the undisputed champs when it comes to advocating for trans human rights.

This is more concrete evidence of elections mattering and who you vote for being more important than ideological purity.  Do you actually think we would have gotten this type of unequivocal defense of our humanity and human rights from a Romney or Trump administration AG?

Hell no.  It's why voting for the Democratic presidential nominee, whoever she is and Democratic candidates up and down the ballot will be critical to continued progress on trans human rights issues.

Dr. Jillian Weiss Talks About The DOJ HB 2 Challenge On CNN

Earlier today on CNN attorney Dr. Jillian T. Weiss was on CNN's Legal View With Ashleigh Banfield to discuss the unjust HB 2 and the ramifications on the DOJ letter sent to Gov McCrory and the University of North Carolina.

I've been saying for a while that HB 2 was unconstitutional and a violation of Romer v. Evans., but I'm going to defer to my friends in the legal profession to let me know whether I'm on the right legal path here and if HB 2 could be the trans version of that landmark Romer v Evans case.

And now, for those of you who missed it earlier today, here's the video from Dr. Jillian Weiss' appearance on Legal View with Ashleigh Banfield.

 

US 4th Circuit Court Of Appeals Rules In Favor Of Gavin Grimm!

In a closely watched case that will possibly have an effect on North Carolina's Hate Bill 2,  a federal appeals court ruled today that a policy barring Virginia trans masculine student Gavin Grimm from using the bathroom matching his current gender presentation at his high school is unconstitutional!

The three judge panel of the US 4th Circuit Court of Appeals in Richmond, VA  overturned the Gloucester County School Board's unjust policy in a 2-1 decision.

US District Court Judge Robert G. Doumar  (Reagan appointee) last year had previously sided with the Gloucester County School Board in the GG vs Gloucester County Schools case, denying Grimm's sex discrimination claim because in his words, 'Title IX prohibits discrimination on the basis of sex and not on the basis of other concepts such as gender, gender identity or sexual orientation."

The three judge panel said otherwise   Judges Henry Floyd and Andre Davis (Obama appointees) ruled in favor, judge Paul Niemeyer (GHW Bush appointee) was the dissenting judge.

'Because we conclude the district court did not accord appropriate deference to the relevant Department of Education regulations, we reverse its dismissal of G.G.'s Title IX claim. Because we conclude that the district court used the wrong evidentiary standard in assessing G.G.'s motion for a preliminary injunction, we vacate its denial and remand for consideration under the correct standard.  We therefore reverse in part, vacate in part, and remade the case for further proceedings consistent with this opinion.'  

The Justice Department filed a 'statement of interest' in this case declaring that failure to allow transgender students to use the bathroom that corresponds to their gender identity was sex discrimination. .

The 4th Circuit Court of Appeals ruling establishes legal precedent in every state in the circuit that includes, Virginia, West Virginia, Maryland, South Carolina and North Carolina.

"I feel so relieved and vindicated by the court's ruling,' said Grimm in a statement released from the ACLU. "today's ruling gives me hope that my fight with help other kids avoid discriminatory treatment at school."

Stay tuned, because we trans folks may have just gotten another legal hammer to whack HB 2 with  

This case also emphatically points out that elections not only matter, the person sitting in the Oval Office selecting who goes onto these federal judicial benches matters, too.

Islan Nettles' Confessed Killer To Be Sentenced Today

James Dixon, the confessed killer of Islan Nettles will be sentenced staring at 9 AM EDT.

As part of a plea deal, he's getting a 12 year sentence for the brutal killing of our trans sister, and many local activists are not happy about that development.

I agree with my New York trans family, 12 years in jail is a joke considering the level of brutality of the crime, and really don't care if it was his first offense.  He killed somebody.

Dolores Nettles, the mother of Islan Nettles is requesting that trans community members able to do so join her in the courtroom for the sentencing.   If you live in the New York metro area and can take the time out of your busy day to be there in solidarity with Ms. Nettles, I urge you to do so.

And here's hoping the New York media covers it this time.    

Dixon Takes The Plea Deal In The Nettles Murder Case

Just before jury selection was slated to start this morning in the trial of James Dixon, the killer of Islan Nettles decided to reconsider his previous decision to reject a plea deal and take his chances on a jury trial.

After adverse legal developments in the pretrial hearings on Thursday and Friday, Dixon decided to take the offered plea deal.   He was facing 25 years in prison if he had been convicted during the jury trial.

His defense attorney Norman Williams tried and failed to block a videotaped 2013 confession by Dixon to NYPD detectives that was played during Friday's pretrial hearing for the press and the public. The hour long confession was ruled admissible for trial by Manhattan Supreme Court Justice Daniel P. Conviser.

On Thursday the video statement and two written confessions were read in court in which Dixon admitted to punching Nettles so she fell and hit the pavement because 'his manhood was threatened'.after he tried to hit on Nettles and realized she was a trans female.

Yeah, Dixon and his defense attorney tried to deploy the 'trans panic defense'.  And naw homes, if you didn't want to deal with a trans female, all your trifling azz had to do was step and be on your merry way.

The District Attorney's Office initially recommended 17 years for the guilty plea, but the judge who previously presided over the trail, Robert Stoltz, reduced it to 12 years.

"With this conviction, James Dixon has finally been brought to justice for this vicious and lethal assault," said Manhattan District Attorney Cyrus R. Vance, Jr in a statement. "Members of the transgender community are far too often the targets of violent crime."

Dixon will be sentenced on April 19.

Alleged Islan Nettles Killer Rejects Plea Deal, Going To March 30 Trial

James Dixon, the alleged killer of Islan Nettles was offered a plea deal today, but rejected it and is going for a jury trial.  The 25 year old Dixon is alleged to have viciously beaten Nettles to death at 147th Street and Frederick Douglass Ave in Harlem back in 2013 and subsequently confessed to several people that he was the perpetrator.  .

 Prosecutors pushed for 17 years in jail in exchanged for pleading guilty for nettle's murder, but Judge Robert Stolz, citing his age and lack of a criminal record, offered him 12 years in jail.  

Dixon turned it down and according to his defense attorney Norman Williams, "would like to exercise his right to go to trial.".

That trial is scheduled to start March 30, and the case against Dixon is considered by Judge Stolz and Assistant District Attorney Nicholas Viorst to be a strong one.

'There will be confessions the defendant made to four different civilians prior to turning himself in and a written confession he made to a detective after he turned himself in," said DA Viorst.

"There will be a lengthy, detailed, videotaped confession he made to me after that," he added.  DA Viorst also stated medical experts will also testify about the horrific injuries that killed Nettles  

"There's clear overlay of animus toward the transgender status of the victim," argued DA Viorst.

Since Dixon decided to take his chances on a jury trial, he is facing if convicted of manslaughter a punishment range of 5-25 years in jail..Unfortunately since the NY state hate crime statute passed in 2000 only covers sexual orientation, the enhanced punishment isn't available.

Yep, New York trans folks got thrown under the legislative bus to pass that sexual orientation only law.

It is a trial in which the New York trans community and all of us across the nation will be watching to see if Islan after nearly 3 years, finally receives justice.