7th Circuit Court Of Appeals Rules In Favor Of Transgender Student

Via press release:

Today the Seventh Circuit Court of Appeals issued a groundbreaking ruling in favor of Ash Whitaker, the transgender student plaintiff in Whitaker v. Kenosha Unified School District. In a unanimous decision authored by Judge Ann Claire Williams, the court upheld the preliminary injunction, issued by a federal district court in September 2016, that has allowed Ash, a senior at Tremper High School in the Kenosha Unified School District (KUSD) in Kenosha, Wisconsin, to use the boys’ restrooms at school throughout his senior year without fear of discipline or invasive surveillance by school officials.

In this landmark decision, the unanimous three-judge panel held that transgender students are protected from discrimination under Title IX of the Education Amendments of 1972 (Title IX) and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The court agreed with the lower court’s conclusions that Ash was harmed significantly by the Kenosha Unified School District’s discriminatory practices that singled him out from other students and that KUSD failed to provide more than “sheer conjecture” that permitting Ash to use the boys’ restrooms would harm anyone. The court wrote:

“The School District has failed to provide any evidence of how the preliminary injunction will harm it, or any of its students or parents. . . . , whereas the harms to Ash are well-documented and supported by the record.” The court further described the school district’s actions as “arbitrary” and in violation of Ash’s Constitutional rights.

With this decision, the Seventh Circuit (which covers Wisconsin, Illinois, and Indiana) is the first federal appeals court to find conclusively that a transgender student has the right to be treated in accordance with the student’s gender identity at school under both Title IX and the Constitution. Notably, it is also the first decision to reach that conclusion without reliance on the Obama Administration’s guidance on schools’ Title IX obligations to transgender students, which the Trump Administration rescinded in February.

Before the injunction, Ash had been using the boys’ restrooms for the first seven months of his junior year without incident until school administrators intervened, threatened him with disciplinary action, and subjected him to constant surveillance. To avoid punishment, Ash tried to avoid using the bathroom at school altogether. As a result of being singled out for discrimination by his school, Ash suffered serious depression, anxiety, and other physical and educational harms.

News Round-Up: May 18, 2017

(via Instagram)

Some news stories you may have missed:

• It may be Thursday, but no one’s throwing him back – photographer Frank Marando shoots Instastud Nick Sandell for Adon Magazine (above).

• Former National Security Adviser Michael Flynn stopped a military plan Turkey opposed before he was fired. But – Flynn didn’t disclose until after he was fired that he received $500,000 from Turkey to represent their interests. #ThingsThatMakeYouGoHmm

• Wing-nut commentator Alex Jones says National Security Adviser H.R. McMaster’s bald head means he’s a “leather daddy” who looks like “he could suck a golf ball through a garden hose.” Homophobic much?

• The United States has denied visas to gay Chechen men who are trying to flee the country in light of the torture and murders of gays in the Russian country.

• Attorney General Jeff Sessions issued a surprising statement underlining the Justice Department’s commitment to prosecuting bias-related crimes against transgender individuals. Sessions has had a worrisome history when it comes to LGBT rights and protections.

Jimmy Kimmel Live takes a cue from School House Rock to musically explain how truth, or the lack of it, works in today’s White House:

Chelsea Manning Released From Prison Today

Chelsea Manning

Chelsea Manning, who leaked hundreds of thousands of military and diplomatic documents via Wikileaks, has been released from prison today.

From The New York Times:

Sentenced to an unprecedented 35-year prison term for disclosing archives of secret files to WikiLeaks, Ms. Manning spent about seven years in prison — already double the second-longest sentence in any leak case. She was freed 28 years early because President Barack Obama, in one of his final acts, commuted the bulk of her remaining sentence.

Ms. Manning was known as Pvt. Bradley Manning in 2010 when she was arrested on suspicion of having copied hundreds of thousands of secret military and diplomatic files from a classified computer network, to which she had access as a low-level intelligence analyst at a forward operating base in Iraq. After her conviction, she announced that she was a transgender woman and changed her name to Chelsea.

Hoping to inspire “worldwide discussion, debates and reforms,” as she wrote at the time, Ms. Manning had uploaded the files to the anti-secrecy organization WikiLeaks. It published them in batches, working with traditional news organizations, including The New York Times.

Her leaks brought to light numerous hidden facts, including previously unknown civilian bystander killings in the Iraq war, back-room diplomatic dealings and discussion of local corruption around the world, and intelligence assessments about Guantánamo Bay detainees.

“For the first time, I can see a future for myself as Chelsea,” she said in a statement last week ahead of her release. “I can imagine surviving and living as the person who I am and can finally be in the outside world.”

Manning attempted suicide twice during her 7 years at Fort Leavenworth.

She will remain on unpaid active duty while her military court conviction is under appeal. During that time she will continue to receive health benefits from the Army.

News Round-Up: May 8, 2017

Some news items you might have missed:

• Pretty fair to say Ryan Kelsey of the Chippendales (above) is ready for summer. Me? #MoreWine

• The Trump campaign has deleted all references to the now-infamous press release stating Donald Trump’s call for the “total and complete shutdown” of Muslims entering the United States.

• The Texas Senate will soon debate whether the state’s high school athletics organization should be able to disqualify a transgender athlete who is undergoing hormone replacement therapy.

• NPR has a First Listen to the yummy new Broadway cast recording of Hello, Dolly! starring Bette Midler.

• A Chechen fugitive reports that a gay 17 year-old was thrown off a 9th story balcony by his uncle in order to “wash the shame” from his family.

• Tom Holland, the newest actor to spin a web as “Spiderman,” pulls off a no-holds barred performance on Lip Sync Battle with full-on drag and dance to Rihanna’s “Umbrella.” Watch below.

News Round-Up: April 21, 2017

Some news items you may have missed:

• Fitness model Nick Sandell (above) is giving you serious “seriousness.”

•Xavier Jugelé, the French police officer murdered last night in an apparent terrorist attack on Paris’s Champs-Élysées was a member of Flag, an organization for LGBT police officers in France, and a local hero to his community.

• Intelligence gathered by the FBI last summer suggests that Russian operatives attempted to use Trump advisers, like Carter Page, to infiltrate the Trump campaign.

• After meeting with President Ramzan Kadyrov of Chechnya, Russian President Vladimir Putin announced that reports of gay men being rounded up, tortured and killed in the Chechen nation are unfounded.

• With little to show for his first 100 days as prez, Donald Trump is pushing for another run at health care reform. A new amendment to proposed legislation would undermine Obamacare’s existing conditions mandate.

• Caitlyn Jenner, who voted for President Trump, now says she’s breaking with the Trumpster in a new 20/20 interview airing on ABC tonight. She’s so over Trump she won’t even play golf with the prez. Watch below.

CBS Stands By Decision To Air Transgender Outing On “Survivor”

Zeke Smith on “Survivor”

CBS is standing by its decision to broadcast the very personal revelation that occurred in this week’s Survivor “tribal council” when contestant Jeff Varner outed Zeke Smith as transgender.

Here’s the statement from CBS released to The Hollywood Reporter:

“After the tribal council scene in last night’s Survivor was filmed, we consulted with Zeke Smith and with GLAAD in advance of the broadcast, including the issue of how Zeke would tell his story after the episode aired,” the network said in a statement. “This is his second consecutive season on Survivor. From his first season through the current edition, we have always been guided by the principle that this is his story to tell, and it remains so. We support how [host] Jeff Probst and the producers handled a very sensitive situation and marvel at the grace Zeke exhibited under extraordinary circumstances. We have also respect for how Jeff Varner has expressed remorse for his mistake, both in the episode and in his subsequent dialogue with the media. In the end, we believe this episode, accompanied by Zeke’s own remarkable writing and speaking on the subject, has provided an unexpected but important dialogue about acceptance and treating transgender people with respect.”

I know there’s been discussion among LGBT activists about whether it was exploitive to include the “outing” in the Survivor episode.

My personal feeling is that, since this was done with Smith’s blessing, it’s a good thing.

Not only did the incident highlight how terrible outing transgender folks is, Smith handled the moment with so much dignity, that I think this was a positive for the trans community.

Plus, the reactions of outrage by his fellow contestants showed much broad support for the trans community.

If you haven’t read Zeke’s terrific personal essay about not only the experience of Survivor as a whole, but Varner’s outing of him, you really need to click here and read it.

Transgender Contestant Outed On “Survivor”

I’ve been watching the CBS reality competition Survivor since the very first season. One of the very few shows we’ve been loyal viewers of for years, hubby Michael and I will wait to watch episodes together if we happen to be apart on Survivor nights.

The social discourse is often fascinating to me. The degree that contestants will go, whether physical or social, to win a million dollars reveals much about who they are – good and bad.

But at last night’s tribal council, 3-time player Jeff Varner, who is gay himself, chose to out fellow competitor Zeke Smith as transgender. Truly the lowest move any competitor has made in the show’s 34 seasons.

While this reveals the worst in Varner, the reaction from Smith’s fellow competitors is deeply moving.

I should say up front that GLAAD’s Transgender Media Program worked with Zeke Smith and CBS for several months to ensure that when the episode aired Zeke would have the opportunity to speak for himself about his experience.

From the Daily Beast:

Zeke Smith didn’t want to be known as the “first transgender Survivor star.” Now, another contestant has taken that choice away. During Wednesday night’s episode of Survivor: Game Changer, which finds contestants from previous seasons returning to the “reality” competition show, Jeff Varner unexpectedly outed the 29-year-old Smith as a transgender man.

“Why haven’t you told anyone here you’re transgender?” Varner pointedly asked Zeke, in front of their team at the tribal council, where they were about to vote to eliminate one of their number from the show.

Varner was immediately condemned by the other members of the “tribe” who shouted things like, “That’s personal!” and, “You didn’t have to do that!” and, “Nobody has the right to out anybody.” Tai Trang, a 51-year-old gay gardener, was particularly outraged and leapt to Smith’s defense.

Watch the full tribal council below:

I’ll start with this: no one who “argues for the rights of transgender people every day,” as Varner argues in his defense, would ever utter the sentence, “Why haven’t you told anyone here you’re transgender?”

No one.

There’s something profoundly broken in Jeff Varner that, in his desperation to win $1 million, he could out someone as transgender. His tactic here was to connect being transgender with “deception.” Think on that for a minute.

“There is deception here. Deceptions on levels, Jeff, that these guys don’t even understand. Why haven’t you told anyone that you’re transgender?” said Varner.

His disconnect becomes even more apparent when, in realizing that his strategy backfired, he immediately looks for absolution. “I don’t want the perception to be that I’m this evil hateful person,” he said.

I won’t pile on Varner – he can sort this out for himself – but I will say I hope he can heal this thing inside him that is so damaged.

One of the most moving moments – and one which explains why it was important that CBS share this – is when contestant Sarah Lacina finally spoke:

“I’m just thankful that I got to know Zeke for who Zeke is. I’ve been with him for the last 18 days, and he’s like super-kickass. And you know I’m from the Midwest, I come from a very conservative background, and so it’s not very diverse when it comes to a lot of gay and lesbian and transgender and things like that. So I’m not exposed to it as much as most of these people are, and the fact that I can love this guy so much, and it doesn’t change anything for me makes me realize that I’ve grown, huge, as a person.”

“I’m sorry that it came out that way. But I’m glad that it did. And like I’m so glad that I got to know you for Zeke and not, you know, what you were afraid of us knowing you as. And I’ll never look at you that way.”

Smith’s reaction was strikingly human. And his ability, in the moment, to bring the conversation around to the idea of “metamorphosis” was profound.

Smith  has had months since the event to gather his thoughts, and he’s done so to exceptional degree in a personal essay shared by The Hollywood Reporter.

I encourage you all to read the entire piece as it not only provides a window into Survivor as a game, but Smith’s journey as a transgender man.

Here’s just an excerpt:

[But] in calling me deceptive, Varner invoked one of the most odious stereotypes of transgender people, a stereotype that is often used as an excuse for violence and even murder. In proclaiming “Zeke is not the guy you think he is” and that “there is deception on levels y’all don’t understand,” Varner is saying that I’m not really a man and that simply living as my authentic self is a nefarious trick. In reality, by being Zeke the dude, I am being my most honest self — as is every other transgender person going about their daily lives.

I don’t believe Varner hates trans people, just as I don’t believe conservative politicians who attack trans people actually care where we use the bathroom. For both, trans people make easy targets for those looking to invoke prejudice in order to win votes. Thankfully, my tribemates rebuffed his hateful tactics. After 18 days starving and competing with me, they knew exactly the man I am, and after that Tribal Council, we all knew exactly the man Varner is.

I looked to Varner, now the one hunched and quivering, and contemplated the backlash he would face. When he said what he said, he changed both of our lives forever. When he pulled me in for a hug, I felt compelled to reciprocate, both as a sign that I was willing to forgive him and that the shots he had fired missed.

But, if we’re being perfectly honest with one another, I’ve struggled with that forgiveness in the months following. I can’t foresee us sipping martinis together in Fire Island. While I can reconcile the personal slight of him outing me, I continue to be troubled by his willingness to deploy such a dangerous stereotype on a global platform.

Nick Adams, Director of GLAAD’s Transgender Media Program, issued this statement: “Zeke Smith, and transgender people like him, are not deceiving anyone by being their authentic selves, and it is dangerous and unacceptable to out a transgender person. It is heartening, however, to see the strong support for Zeke from the other people in his tribe. Moments like this prove that when people from all walks of life get to know a transgender person, they accept us for who we are.”

Varner wrote in a statement he posted on Twitter, “Yep. I did that. And I offer my deepest, most heart-felt apologies to Zeke Smith, his friends and life allies, his family and to all those who my mistake hurt and offended.”

Music Video: Mila Jam’s International Trans Day of Visibility Anthem “Faces”

Mila Jam

International Transgender Day of Visibility is honored every year on March 31, and is a time to celebrate transgender people around the globe and the courage it takes to live openly and authentically, while also raising awareness around the discrimination trans people still face.

In observing the annual celebration, New York-based trans singer-songwriter Mila Jam shares a new video for her uplifting LGBT anthem, “Faces.”

Laverne Cox, Candis Cayne, Tituss Burgess, Ari Gold, Sense8’s Jamie Clayton, supermodel Geena Rocero, Drag Race’s Peppermint, Transparent’s Zackary Drucker, Lina Bradford and Jai Rodriguez are just some of the famous faces lip-syncing along in the clip.

Mila shares about the new song (via press release):

“Faces” is about looking in that mirror and hearing do I belong, am I enough, will someone love me for who I really am? We wear smiles all the time but hide in fear and loathing because we feel different. The journey is universal no matter who you are. And, working through the dark uncertainties is all about learning to radiate your own light. Bravely. Unapologetically. Authentically. Happily.

Jam told OUT, “Everyone needs to see a reflection of themselves. Trans people are no different and completely worthy—beyond worthy. Trans Day of Visibility is a way to say, ’We belong here, just like you.’”

Proceeds from the sale of the single on iTunes will be go to the ONEPULSE Foundation, which aids the victims of the Pulse massacre.

News Round-Up: March 29, 2017

The cast of What Happens at the Abbey

Some news items you may have missed:

• West Hollywood gay bar, The Abbey, is getting it’s own reality TV show, What Happens at the Abbey (above pic) a la Vanderpump Rules. The show premieres on E! May 14th at 10pm.

• RuPaul has some advice for any bachelorette parties who want to celebrate at gay bars: “Check yourself before you wreck yourself.”

• A gay HIV/AIDS activist will seek the Democratic nomination to fight for a Texas congressional seat that has been held firmly by 32 year incumbent, Rep. Joe Barton.

• Tens of thousands of New Yorkers, tired of footing the $146,000 daily cost of protecting the First Lady, have signed a petition demanding Melania Trump move into the White House.

• The Republican-controlled House just voted to kill internet privacy rules from the Obama era, meaning internet providers can now sell your browsing history to the highest bidder.

• Texas Speaker of the House Joe Straus blocked an anti-transgender “bathroom bill” from reaching the floor.

• Rep. Maxine Waters takes on Bill O’Reilly’s racism with some straight talk: “Don’t allow these right-wing talking heads, these dishonorable people to intimidate you or scare you.”

AP: North Carolina’s “Bathroom Bill” Will Cost State Economy $3.7 Billion Over 12 Years

Adding more details to what we already knew, the Associated Press is reporting on the huge losses to the North Carolina economy thanks to passing it’s now infamous “bathroom bill,” HB2.

Despite Republican assurances that North Carolina’s “bathroom bill” isn’t hurting the economy, the law limiting LGBT protections will cost the state more than $3.76 billion in lost business over a dozen years, according to an Associated Press analysis.

Over the past year, North Carolina has suffered financial hits ranging from scuttled plans for a PayPal facility that would have added an estimated $2.66 billion to the state’s economy to a canceled Ringo Starr concert that deprived a town’s amphitheater of about $33,000 in revenue. The blows have landed in the state’s biggest cities as well as towns surrounding its flagship university, and from the mountains to the coast.

North Carolina could lose hundreds of millions more because the NCAA is avoiding the state, usually a favored host. The group is set to announce sites for various championships through 2022, and North Carolina won’t be among them as long as the law is on the books. The NAACP also has initiated a national economic boycott.

Still, AP’s tally is likely an underestimation of the law’s true costs. The count includes only data obtained from businesses and state or local officials regarding projects that canceled or relocated because of HB2. A business project was counted only if AP determined through public records or interviews that HB2 was why it pulled out.