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Rights are not political

Science supports higher scrutiny for laws that discriminate

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gay marriage, same sex marriage., marriage equality, Supreme Court, rainbow flag, gay news, Washington Blade

By DR. KATHERINE Oā€™HANLAN

The amicus brief from the Gay and Lesbian Medical Association that I contributed to relates to the Supreme Court that the last 30 years of research provides solid evidence that sexual orientation and gender identity are biologically conferred during the first 12 weeks of pregnancy, and are as innate as handedness, height or skin color.

During that critical first trimester, the fetus is exposed to proteins, sex hormones and enzymes that result in numerous traits that are different for men and women.Ā These sexually dimorphic traits include anatomy and physiology, certain brain structures, some physical skills and some cognitive skills.Ā Among these sexually dimorphic traits are sexual orientation (most prefer the opposite sex) and gender identity (most men and women identify with the gender of their genital anatomy).

However, nature never confers traits in a perfectly dichotomous fashion, and never is precisely black or white, but rather expresses as infinite shades of grey across a broad spectrum of grays, some very dark, some not so dark, some light, some very light. Likewise, almost no one is perfectly heterosexual or homosexual, purely male or female, but some blend of features that make them unique. More than 50 published research studies in the National Library of Medicine provide evidence that transgender people and homosexual men and women are born with traits that fall in the mid portion, or even closer to the opposite-gender end of that spectrum.Ā They are born with the cognitive and physiologic skills, bone anatomy and brain circuitry that are slightly or substantially more like the skills, features, orientation and identity of the opposite sex.

Observations of more than 450 species of animals confirm that fleas, birds, reptiles and primates (that is us) demonstrate bisexual or homosexual behavior including recreational sex to orgasm in the presence of the opposite gender, and lifelong pairings. Experimental evidence long ago demonstrated that injecting hormones into pregnant rodents and guinea pigs could reverse their sexual partner preferences.Ā While such experiments would never be performed on humans, observations of multiple human medical conditions confirm the link between early development and sexually dimorphic traits including orientation and identity.

For example, when a female baby is born with a congenital abnormality of the adrenal gland, a missing enzyme causes a buildup of male-like hormones (androgens) to accumulate in the babyā€™s blood. Most female infants with this condition will have boy-like bone structures and play patterns, up to half of the girls will later identify as lesbian, and a few as transgender males, especially if they have the extreme forms of adrenogenital syndrome. Furthermore, research shows that girls who had a boy co-twin in their mothersā€™ wombs have more male-like bone structure and play patterns, and are more likely to identify as lesbian later in life.Ā  This is because the baby girlā€™s brain received some of her co-twinā€™s male hormones through their shared amniotic fluid membrane.

For baby boys, any subtle decrease in the usual level of essential male chemicals during the first part of pregnancy can increase his chance of becoming a gay male or transsexual.Ā Seventeen published research reports have concluded that boys with many older brothers are more likely to be gay than boys with fewer older brothers.Ā Why?Ā  Because every pregnant mother receives proteins from her baby boyā€™s blood that her body perceives as foreign, causing her to develop blocking antibodies to neutralize and remove them.Ā With each successive boy pregnancy, the mother makes more blocking antibodies, progressively reducing the level of essential male chemical exposure to each subsequent male child.

The enormous multidisciplinary body of scientific evidence confirming the biologic basis of sexual orientation and gender identity is the substance of our brief to the Supreme Court, and should also inform our national debate and policy decisions.Ā While, admittedly, the data is drab and overly scientific, the evidence is solid. Like skin or hair color, sexual orientation and gender identity are unchangeable, innocent, historically misunderstood and deserving of accommodation in our public laws. Our Supreme Court justices need this scientific information.

Dr. Katherine Oā€™Hanlan is a gynecologic oncologist and surgeon who is past president of the Gay and Lesbian Medical Association. She is based in Portola Valley, Calif.

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Commentary

Asian American and LGBTQ: A Heritage of Pride

May is Asian American, Native Hawaiian and Pacific Islander Heritage Month

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Glenn D. Magpantay (Photo courtesy of Glenn D. Magpantay)

Asian Americans and Pacific Islanders (APIs) are the nationā€™s fastest growing racial minority group by 2040, one in 10 Americans will be of Asian ancestry. And, while many Americans think that anti-Asian hate and racism towards Asian Americans has disappeared, the community disagrees.

The Asian American Foundation which found that Asian Americans are continually subjected to hate, violence, and discrimination, baldly reveals that disparity. 

  • 33 percent of Americans think hate towards Asian Americans has increased in the past year, compared to 61 percent of Asian Americans themselves.
  • In the past year, 32 percent of Asian Americans across the country reported being called a racial slur; 29 percent said they were verbally harassed or verbally abused.
  • Southeast Asian Americans report even higher incidences of being subject to racial slurs (40 percent), verbal harassment or abuse (38 percent), and threats of physical assault (22 percent).
  • Many Asian Americans live in aĀ state of fear and anxiety withĀ 41 percentĀ of Asian American/ Native Hawaiian/Pacific Islander (AANHPI) believing they will likely be the victims of a physical attack dueĀ to their race, ethnicity, or religion. These numbers are disturbing.Ā Ā 

I serve as the only Asian American Pacific Islander member on the U.S. Commission on Civil Rights. And, I am the first and only queer AAPI on the U.S. commission. I am deeply honored to both serve my country and represent my Asian Americans and Pacific Islander community.    

Last year, the commission investigatedĀ the Federal Response to Anti-Asian Racism in the United States. With congressional authorization, the report documented the experiences of AANHPIs in the U.S. since the dubbing of COVID-19 as the “China Virus” infecting people with the “Kung Flu” by government leadership. Words matter, as this report shows.

This report has a deep personal connection for me. I am the survivor of a hate crime of 25 years ago for being gay, and the victim of a hate crime for being Asian 25 months ago 

The Stop AAPI Hate Coalition reported that bias incidents against individuals who are Asian and lesbian, gay, bisexual, transgender or queer (LGBTQ) were most prominent between 2019 and 2022, highlighting the intersectional nature of these incidents. For example, two transgender Asian women stated: 

ā€œI was with my new boyfriend at a restaurant. When we walked in the server started calling me names ā€¦ a b—h, ch—k, tra—i.e. ā€¦ He said I have a big fat p—s, and told me to go back to China. Then my boyfriend proceeded to walk in the restaurant and when I took a step forward, the server hit me, so I left.ā€Ā 

ā€œLeft a restaurant with friends in the Asian district of town. A man began to follow me calling out ā€˜Hey you fā€”got c—k!ā€™ and ā€˜Come here you virus!ā€™ I began to walk fast towards a crowd until he stopped following me.ā€

To address these and other equally appalling experiences, I helped shepherd the bipartisan Commission on Civil Rights recommendations to the president, Congress, and the nation that: 

  • Prosecutors and law enforcement should vigorously investigate and prosecute hate crimes and harassment against Asian Americans, as well as Asian Americans who are LGBTQ.
  • First responders should be trained to understand what exactly constitutes a hate crime in their jurisdiction, including the protections of LGBTQ people.
  • Federal, state, and local law enforcement and victim services should identify deficiencies in their programs for individuals with limited English proficiency

Greater language access will make an enormous impact for the Asian American community as one in five Asian individuals speak a language other than English at home. A third (34 percent) is limited English proficient. The most frequently spoken languages are Chinese, Korean, Vietnamese, Tagalog, Thai, Khmer, Bengali, Gujarati, Hindi, and Punjabi.   

For me, this report comes full circle. Since 1988, Iā€™ve lobbied for passage of LGBTQ-inclusive federal and state laws to prevent hate crimes. Since 2001, I’ve supported South Asian and Muslim victims of post 9/11 violence. In response to the shootings at the Pulse nightclub in Orlando, Fla, in 2016; Atlanta Spa in Georgia in 2021; and Club Q in Colorado Springs, Colo., in 2022, Iā€˜ve trained over 3,000 lawyers, law students, and community leaders on hate crimes law.Ā Ā 

And yet, our work is not yet done. 

May is Asian Pacific American Heritage Month. June is LGBTQ Pride Month. Despite these challenges, we are resilient. Let us join together in celebrating our Heritage of PrideĀ 

Glenn D. Magpantay, Esq., is a long-time civil rights attorney, professor of law and Asian American Studies, and LGBTQ rights activist. Glenn is a founder and former Executive Director of the National Queer Asian Pacific Islander Alliance (NQAPIA). He is principal at Magpantay & Associates: A nonprofit consulting and legal services firm. In 2023, the U.S. Senate (majority) appointed Glenn to the U.S. Commission on Civil Rights to advise Congress and the White House on the enforcement of civil rights laws and development of national civil rights policy. 

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Journalists are not the enemy

Wednesday marks five years since Blade reporter detained in Cuba

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The Hungarian Parliament in Budapest, Hungary, on April 4, 2024. Prime Minister Viktor OrbƔn and his government over the last decade has cracked down on the country's independent media. (Washington Blade photo by Michael K. Lavers)

Wednesday marked five years since the Cuban government detained me at Havana’s JosĆ© Marti International Airport.

I had tried to enter the country in order to continue the Washington Blade’s coverage of LGBTQ and intersex Cubans. I found myself instead unable to leave the customs hall until an airport employee escorted me onto an American Airlines flight back to Miami.

This unfortunate encounter with the Cuban regime made national news. The State Department also noted it in its 2020 human rights report.

Press freedom and a journalist’s ability to do their job without persecution have always been important to me. They became even more personal to me on May 8, 2019, when the Cuban government for whatever reason decided not to allow me into the country.  

Washington Blade International News Editor Michael K. Lavers after the Cuban government detained him at Havana’s JosĆ© Marti International Airport on May 8, 2019. (Washington Blade photo by Michael K. Lavers)

‘A free press matters now more than ever’

Journalists in the U.S. and around the world on May 3 marked World Press Freedom Day.

Reporters without Borders in its 2024 World Press Freedom Index notes that in Cuba “arrests, arbitrary detentions, threats of imprisonment, persecution and harassment, illegal raids on homes, confiscation, and destruction of equipment ā€” all this awaits journalists who do not toe the Cuban Communist Party line.” 

“The authorities also control foreign journalistsā€™ coverage by granting accreditation selectively, and by expelling those considered ‘too negative’ about the government,” adds Reporters without Borders.

Cuba is certainly not the only country in which journalists face persecution or even death while doing their jobs.

ā€¢ Reporters without Borders notes “more than 100 Palestinian reporters have been killed by the Israel Defense Forces, including at least 22 in the course of their work” in the Gaza Strip since Hamas launched its surprise attack against Israel on Oct. 7, 2023. Media groups have also criticized the Israeli government’s decision earlier this month to close Al Jazeera’s offices in the country.

ā€¢ Wall Street Journal reporter Evan Gershkovich, Washington Post contributor and Russian opposition figure Vladimir Kara-Murza and Radio Free Europe/Radio Liberty’s Alsu Kurmasheva remain in Russian custody. Austin Tice, a freelance journalist who contributes to the Post, was kidnapped in Syria in August 2012.

ā€¢ Reporters without Borders indicates nearly 150 journalists have been murdered in Mexico since 2000, and 28 others have disappeared.

The Nahal Oz border crossing between Israel and the Gaza Strip on Nov. 21, 2016. Reporters without Borders notes the Israel Defense Forces have killed more than 100 Palestinian reporters in the enclave since Hamas launched its surprise attack against Israel on Oct. 7, 2023. (Washington Blade photo by Michael K. Lavers)

Secretary of State Antony Blinken in his World Press Freedom Day notes more journalists were killed in 2023 “than in any year in recent memory.”

“Authoritarian governments and non-state actors continue to use disinformation and propaganda to undermine social discourse and impede journalistsā€™ efforts to inform the public, hold governments accountable, and bring the truth to light,” he said. “Governments that fear truthful reporting have proved willing to target individual journalists, including through the misuse of commercial spyware and other surveillance technologies.”

U.S. Agency for International Development Administrator Samantha Power, who is a former journalist, in her World Press Freedom Day statement noted journalists “are more essential than ever to safeguarding democratic values.” 

“From those employed by international media organizations to those working for local newspapers, courageous journalists all over the world help shine a light on corruption, encourage civic engagement, and hold governments accountable,” she said.

President Joe Biden echoed these points when he spoke at the White House Correspondents’ Association Dinner here in D.C. on April. 27.

“There are some who call you the ‘enemy of the people,'” he said. “Thatā€™s wrong, and itā€™s dangerous. You literally risk your lives doing your job.”

I wrote in last year’sĀ World Press Freedom Day op-edĀ that the “rhetoric ā€” ‘fake news’ and journalists are the ‘enemy of the people’ ā€”Ā thatĀ the previous president and his followers continue to use in order to advance an agenda based on transphobia, homophobia, misogyny, islamophobia, and white supremacyĀ has placed American journalists at increased risk.” I also wrote the “current reality in which we media professionals are working should not be the case in a country that has enshrined a free press in its constitution.”

“A free press matters now more than ever,” I concluded.

That sentiment is even more important today.

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A reporter’s observations on the Brazilian, U.S. elections

Polls in both countries proved inaccurate

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(Image by alexandrabykova/Bigstock)

BRASƍLIA, Brazil / STEVENSVILLE, Md. ā€” I was sitting in my hotel room in BrasĆ­lia, the Brazilian capital, at 5 p.m. on Oct. 2 when the polls closed. The area around my hotel was quiet as the Supreme Electoral Tribunal began to post the election results on their website. Brazilian television stations continued their live coverage of the election that largely focused on whether former President Luiz InĆ”cio Lula da Silva would defeat incumbent President Jair Bolsonaro. I was nibbling on KIND Dark Chocolate Whole Grain Clusters that I had bought at Dulles two days earlier before I flew to Brazil and sipping a glass of Brahma beer that I had poured for myself while refreshing the Supreme Electoral Tribunal’s website and listening to the reporters talk about the results. I was nervous because Bolsonaro was ahead. 

I left my room at around 7 p.m. to get some dinner at a nearby mall. I ordered sushi from a restaurant in the food court. Bolsonaro was still ahead of Da Silva when I returned to my room at around 7:45 p.m., but the margin between the two men had narrowed. Da Silva soon took the lead, but it soon became clear that he and Bolsonaro would face each other in a runoff because neither of them had received at least 50 percent of the vote.

Da Silva defeated Bolsonaro in the second round of the presidential election that took place on Oct. 30. The U.S. midterm elections took place nine days later.

Banners in support of Luiz InĆ”cio Lula da Silva and members of his Workers’ Party in the lobby of a PT office in BrasĆ­lia, Brazil, on Oct. 1, 2022. (Washington Blade photo by Michael K. Lavers)
Jair Bolsonaro supporters hold a banner near the Brazilian Congress in BrasĆ­lia, Brazil, on Oct. 1, 2022. (Washington Blade photo by Michael K. Lavers)

I arrived at Heather Mizeur’s election night party at the Kent Island Resort in Stevensville, Md., shortly before polls in Maryland closed at 8 p.m. Mizeur less than three hours later told her supporters that her bid to unseat Republican Congressman Andy Harris had come up short. The so-called red wave that so many pundits and polls predicted would elect Republicans across the country also failed to materialize.

Heather Mizeur speaks to supporters in Stevensville, Md., on Nov. 8, 2022. (Washington Blade photo by Michael K. Lavers)

Each country is different and the way they conduct their elections is difficult. I cannot, however, help but compare the Brazilian election and the U.S. midterms. Here are a few observations from a reporter who covered them both.

ā€¢ Polls ahead of the first round of Brazil’s presidential election predicted Da Silva would defeat Bolsonaro in the first round. Polls and pundits ahead of the U.S. midterms, as previously noted, predicted Republicans would defeat Democrats across the country. Both scenarios did not happen.

ā€¢ Bolsonaro ahead of Brazil’s presidential election sought to discredit the country’s electoral system. Bolsonaro did not concede to Da Silva after he lost. Former President Donald Trump continues to insist he won the 2020 presidential election. Trump also instigated the deadly Jan. 6 insurrection that took place as lawmakers were beginning to certify the Electoral College results.

ā€¢ ClĆ”udio Nascimento, president of Grupo Arco-ƍris de Cidadania LGBT, an LGBTQ and intersex rights group in Rio de Janeiro, on Oct. 9 told me during an interview at his office that Bolsonaro would “destroy democracy”in Brazil if he were reelected. Mizeur in July described Harris as a “traitor to our nation” after the Jan. 6 committee disclosed he attended a meeting with Trump that focused on how he could remain in office after he lost to now President Joe Biden. 

ā€¢ Voters in SĆ£o Paulo and Belo Horizonte on Oct. 2 elected two transgender women ā€” Erika Hilton and Duda Salabert respectively ā€” to the Brazilian Congress. Openly gay Rio Grande do Sul Gov. Eduardo Leite on Oct. 30 won re-election when he defeated former Bolsonaro Chief-of-Staff Onyx Lorenzoni in a runoff. LGBTQ Victory Fund President Annise Parker in a Nov. 10 statement noted 436 openly LGBTQ candidates across the country won their races. (One of them, openly gay New Hampshire Congressman Chris Pappas, who represents my mother, defeated Republican Karoline Leavitt in the state’s 1st Congressional District by a 54-46 percent margin.)

Brazil and the U.S. are different countries, but they both have democracies that must be defended. Brazilians and Americans did just that through their votes.

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