➤ TRANS INMATE SURGERY, from p.12
to access such treatment through litigation,
since in an area as contention as this there will
always be disagreements.
By contrast, the Ninth Circuit, in pending
litigation in Edmo v. Corizon, Inc., ruled on August
23 that denying the surgery violated the
constitutional rights of a transgender inmate
due to the severity of her gender dysphoria.
That decision approved an individualized approach
to the plaintiff’s needs, while fi nding it
was not necessary to determine if such surgery
is always necessary. The decision upheld a district
court’s decision to accept the testimony of
the plaintiff’s experts and discount testimony
by the state’s experts, who the court concluded
were not well qualifi ed to weigh in on the case.
The defendant in Edmo, the Idaho Department
of Corrections, is seeking rehearing by the full
Ninth Circuit bench, and if it fails there is likely
to seek Supreme Court review, which would
likely be granted.
In the Fifth Circuit case, though Vanessa
Lynn represented herself in the district court,
her appeal was handled pro bono by Stephen
Louis Braga of the Appellate Litigation Clinic
at the University of Virginia Law School. Braga
also fi led the petition for Supreme Court review.
In responding to Braga’s petition, the Texas
Attorney General’s Offi ce said of the Ninth Circuit’s
decision in Edmo, “But that outlier opinion
does not make this issue” worthy of review.
The AG’s offi ce also argued that “any disagreement
between the courts of appeals is shallow
and lopsided,” contending that “the Ninth Circuit’s
poor reasoning is not likely to be adopted
elsewhere, and if this Court is concerned about
inconsistent circuit authority, the solution is to
summarily reverse the Ninth Circuit.”
Chutzpah, indeed, given the detailed analysis
both at the district and circuit court level in the
Edmo case versus Judge Ho’s brief, dismissive
opinion for the Fifth Circuit in a case where the
plaintiff was never given the chance to argue
the merits at the district court level.
➤ JK ROWLING,, from p.12
in 2018 when she liked a tweet that described
trans women as “men in dresses.”
Rowling’s latest tweet drew widespread criticism
from individuals and groups across the
LGBTQ community. GLAAD, a media monitoring
organization promoting LGBTQ causes, announced
that Rowling turned down their offer
to facilitate an off-the-record conversation with
people in the trans community.
Chase Strangio, a trans staff attorney with
the American Civil Liberties Union, said he was
not surprised to read Rowling’s tweet.
“Powerful British cis white woman aligns
with power to exert violence over trans women,”
he said in a Twitter post. “Call me not shocked.”
A LWAY S F R E E . A LWAY S S M A R T.
n e c b . c o m
A LWAY S - F R E E B U S I N E S S C H E C K I N G .
NO FEES | NO MONTHLY SERVICE CHARGES
NO MAINTENANCE CHARGES | NO MINIMUM BALANCES
NO ONLINE BANKING FEES | NO TRANSACTION LIMITATIONS
FREE ATM/VISA DEBIT CARD | FREE BILLPAY® | E-STATEMENTS
®
CHELSEA: 242 W. 23RD�� �� ������ �� �� �� ���� �� �� �� �� �� �� �� �� �� �� �� �� �� ��
ADDITIONAL OFFICES IN:
FORDHAM (Little Italy): �� �� �� �� �� ���� �� �� �� TH�� �� ������ �� �� �� ���� �� �� �� �� �� �� �� �� �� �� �� �� �� ��
LENOX HILL: �� �� �� �� �� �� ST������ �� ���� �� �� �� ���� �� �� �� �� �� �� �� �� �� �� �� �� �� ��
MONDAY-THURSDAY 9-4�� �� �� �� �� �� �� ���� �� �� �� �� �� �� �� �� ���� �� �� �� ���� �� �� �� �� ��
FORDHAM: SATURDAY �� �� ����
FOR A COMPLETE LIST OF LOCATIONS AND HOURS, GO TO NECB.COM
necb.com
GayCityNews.com | January 2 - January 15, 2020 13
/NECB.COM
/necb.com
/GayCityNews.com
