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N.J. police kill man in park sex crackdown

Authorities suspend undercover operation following ‘tragic killing’

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The sheriff in Essex County, N.J. has suspended a controversial undercover operation aimed at cracking down on alleged public sex by gay men in a Newark park after an undercover officer last month shot a 48-year-old businessman to death.

Sheriff Armando Fontoura halted the operation following strong objections raised by two New Jersey LGBT organizations, which demanded an independent investigation into the incident.

ā€œOn behalf of our two organizations, Garden State Equality and the Gender Rights Advocacy Association of New Jersey, we express our outrage over the tragic killing of Defarra Gaymon in Branch Brook Park … by a member of the Essex County Sherriff’s Department,ā€ said Steven Goldstein, head of Equality New Jersey, and Barbra Casbar Siperstein, head of Gender Rights Advocacy Association of New Jersey.

Sheriff’s officials, who have declined to disclose the identity of the officer involved, said the officer explained that he shot Gaymon on July 16 after the Atlanta resident ā€œlungedā€ at the officer. A statement says the incident began when the officer saw Gaymon masturbating and he propositioned the officer for sex.

Media reports have independently identified the officer in question as Edward Espisito, 29. He was recently awarded a medal of merit for assisting in the arrest of two suspects charged with shooting a fellow off-duty sheriff’s officer, according to the Newark Star Ledger.

The shooting death of Gaymon occurred in a part of the Newark park that’s recognized as a pickup spot for men seeking other men for sex, authorities said.

Gaymon, who was unarmed, allegedly lunged at the officer and tried to disarm the officer while threatening to kill the officer, according to Essex County Acting Prosecutor Robert Laurino.

At a news conference, Laurino said Gaymon apparently panicked after the officer identified himself and displayed his badge.

Gaymon was married and had four children. Originally from Montclair, N.J., he was visiting the state to help organize a class reunion at Montclair High School, authorities said.

The Star-Ledger reported that members of Gaymon’s family in Atlanta, where he worked as chief executive officer of a credit union, have accused the officer of fabricating the story. Family members say Gaymon was a peaceful person who never would commit a violent act, the newspaper reported.

Family members have called on the FBI to investigate the incident, saying they don’t believe local law enforcement agencies can conduct an impartial investigation into the matter.

Fontoura and sheriff’s officials have agreed to a request from the two LGBT groups to meet with officials of the groups to discuss ways to address alleged public sex in the park.

Goldstein and Siperstein said in a letter to law enforcement officials that targeting gay men in the crackdown could be a violation of state non-discrimination laws.

ā€œWe believe any operation targeting people based on their actual or perceived sexual orientation would be a violation of state law,ā€ Goldstein and Siperstein say in their July 21 letter to the sheriff and country prosecutor.

ā€œIn no way do we condone any violation of lewdness statutes,ā€ says the letter. ā€œBut any sting operation targeting gay men or LGBT people specifically, or anyone perceived as such, is unconscionable — and as we strongly believe, illegal.ā€

The two noted that they ā€œmake no assumption as to the sexual orientation of the victim. Our thoughts and prayers are with his wife and four children.ā€

In other places, including D.C., activists have called on police and other law enforcement authorities to use uniformed officers to enforce laws against public sex rather than use undercover officers who pose as men interested in gay sex.

In the D.C. area, law enforcement officials have also said they recognize that gay men and others have a legal right to meet each other in parks or other locations as long as the men don’t violate the law by having sex in public.

Last week, Fontoura told the Star Ledger he’s deployed uniformed officers to the park while the undercover operation is suspended and under review.

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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