Tag: trials

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Defense Attorney Reveals Culture’s Transphobia

First: At least some justice has been served in the case of Amanda Gonzalez-Andujar, who was killed in March 2010. So at least there has been some justice for another trans woman who was killed by a tranphobic, violent man. Up to 40 years in prison for Rasheen Everett, who apparently was violent toward his girlfriends who weren’t trans, too.

But it was the defense attorney’s transphobic bullshit that really irked me. During the sentencing hearing, as Everett was facing a sentence of 29 years to life, his defense attorney asked:

“Shouldn’t that [sentence] be reserved for people who are guilty of killing certain classes of individuals?” he reportedly asked, adding, “Who is the victim in this case? Is the victim a person in the higher end of the community?”

And then he pointed to Gonzalez-Andujar’s own history, as if, somehow, killing someone who’d had some shit happen in their own life somehow made this violent murder “less bad”. The attorney also referred to Gonzalez-Andujar as “he”.

But Queens Supreme Court Justice Richard Buchter, who described Everett as “coldhearted and violent menace to society,” didn’t take too kindly to Scarpa’s argument. “This court believes every human life in sacred,” he said. “It’s not easy living as a transgender, and I commend the family for supporting her.”

Well done, Justice Butchter.

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No More Gay/Trans Panic Defense?

I hope so. It’s a ridiculous idea. The American Bar Association has voted on it, with these stipulations:

The resolution passed by the ABA House of Delegates says that legislation should:

(a)    [Require] courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendants based upon sexual orientation or gender identity; and

(b)   [Specify] that neither a non-violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, or to mitigate the severity of any non-capital crime.

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Hormones Are a Right

US District (Federal) Judge Clevert struck down a Wisconsin law prohibiting trans people from receiving drugs in prison.

In Wednesday’s order, Clevert found that the law amounts to “deliberate indifference to the plaintiffs’ serious medical needs in violation of the Eighth Amendment,” because it denies hormone therapy without regard to those needs or doctors’ judgments. He found the law unconstitutional on its face and also in violation of the inmates’ rights to equal protection.

In other words, he made it possible for doctors to decide what is appropriate medical treatment: sanity prevails occasionally.

This is good, good news.

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Federal DOMA Section Declared Unconstitutional

Good news, in a states’ rights kind of way:

BOSTON (AP) — A U.S. judge in Boston has ruled that a federal gay marriage ban is unconstitutional because it interferes with the right of a state to define marriage.

U.S. District Judge Joseph Tauro on Thursday ruled in favor of gay couples’ rights in two separate challenges to the 1996 Defense of Marriage Act, known as DOMA…. Tauro agreed, and said the act forces Massachusetts to discriminate against its own citizens.

“The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment. For that reason, the statute is invalid,” Tauro wrote in a ruling in a lawsuit filed by Attorney General Martha Coakley.

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GRS: No State Obligation

In an article posted on Law.com today, this news: Federal Judge Says State Not Obligated to Pay for Sex-Change Surgery.

Western District of New York Judge Charles J. Siragusa in Rochester ruled that Morgana Ravenwood’s constitutional rights under the 14th Amendment were not violated by the denial of coverage.

He also refused to order state Health Commissioner Richard F. Daines to rescind 18 N.Y.C.R.R. §505.2(l), the 1998 law prohibiting state Medicaid funding for “care,” “services” or “drugs” related to gender reassignment surgery.

My thought is that it’s all well & good as long as they quit requiring genital surgery for gender marker changes, then.