Michael A. Jones, who provides an alias of Latrina Marie Lopez, is an Interstate Corrections Compact (“ICC”) inmate who was transferred to the Maryland DPSCS from Ohio. From the court’s opinion: Continue reading
Jaime Ramos, a transgender woman from El Salvador, won an appeal of a denial of asylum based on the Board of Immigration Appeals’ failure to to consider Ramos’s argument that she will likely be persecuted or tortured if removed to El Salvador because she is a transgender woman. Ramos clearly asserted her gender identity as a basis for relief distinct from her sexual orientation. The immigration judge improperly conflated Ramos’s gender identity and sexual orientation. Although the BIA acknowledged that Ramos is transgender, its opinion offers no indication that it actually considered whether she is entitled to withholding or CAT relief as a result. The U.S. Court of Appeals for the Ninth Circuit remanded the case to the BIA to conduct further proceedings necessary to consider this claim.
Mikhail Moiseev lost his appeal for asylum in the United States based on his fear of persecution in Russia as a “transgender woman.”
Jennifer Chavez filed a lawsuit for sex discrimination and alleges she was terminated from her position as a mechanic because she is a transgender woman. Chavez lost on summary judgment and appealed. The U.S. Court of Appeals for the 11th Circuit reversed, concluding that triable issues of fact exist as to (1) her employer’s discriminatory intent and (2) whether gender bias was “a motivating factor” in Credit Nation’s terminating her.
Lorenzo Briones is a Man who identifies as a Woman. He has filed a number of lawsuits while incarcerated for a felony in California. He claimed that the prison mattress hurts his butt because he had silicone injected into his butt. The court dismissed his lawsuit.
A bill to eliminate Washington’s new rule allowing transgender people to use bathrooms and locker rooms consistent with their gender identity passed out of a Senate committee 4-3. Senate Commerce and Labor Committee Chairman Michael Baumgartner, R-Spokane, said anyone who would interpret repeal as “some kind of judgment or castigation of the transgender community” would be wrong. Baumgartner and many at an earlier hearing argued against the rule, saying some people could use the unquestioned access to facilities as a way to carry out sexual assaults.
A bill in the House that also seeks to eliminate the new rule takes a different approach. House Bill 2589 says nothing in Washington state civil-rights law prohibits a private or public place from limiting transgender people’s access to restrooms and other such facilities when someone is “preoperative, nonoperative” or doesn’t have the genitals of the gender for which the facility is set aside.
Senate Bill 6443.
Gregory Alan Elliott was cleared of two charges of criminal harassment that stemmed from his Twitter interactions with two Toronto women who believe transwomen are women.
Stephanie Guthrie and Heather Reilly accused Elliott of harassment partly based on his use of hashtags — a word, acronym or phrase after a number symbol used to create trackable conversations — they used. It was an assertion the judge found contrary to the open nature of Twitter. He said the pair may have felt harassed, but he couldn’t prove Elliott knew they felt that way, nor did the content of his tweets include explicitly threatening language.
The judge also noted a lack of “reasonableness” in Guthrie’s assertion she could expect to use Twitter to make negative comments about Elliott and not be exposed to his response or self defence.
This is a victory for freedom of expression. For the record, we think every person involved in this case is not worth following on social media.