HEALTH
Another Judge Blocks Trump’s Anti-Trans Health Rule
NY, DC federal courts have issued injunctions against quest to strip LGBTQ protections
BY MATT TRACY
For the second time in less
than a month, a federal
judge has blocked parts
of the Trump administration’s
transphobic rule that aimed
to gut Obamacare’s nondiscrimination
protections and give medical
providers a green light to turn
away patients on the basis of gender
identity.
Judge James E. Boasberg of the
US District Court for the District of
Columbia stepped in on September
2 to grant Lambda Legal’s request
for a preliminary injunction targeting
the parts of the Department of
Health and Human Services (HHS)
rule that limited the defi nition of
sex discrimination and allowed
providers to use religion as a shield
when denying trans patients. That
case against the Trump rule is
led by the Washington, DC-based
President Donald Trump and Health and Human Services Secretary Alex Azar have suffered multiple
legal setbacks in their bid to eliminate healthcare protections for trans patients.
Whitman-Walker Clinic, along
with other health groups serving
queer clients represented by
Lambda Legal.
REUTERS/ TOM BRENNER
Among his fi ndings, Boasberg
noted the potential health barriers
that could emerge under the rule
and stressed that such restrictions
could imperil the health needs of
trans communities at a time when
the nation is gripped by the coronavirus
pandemic.
“Denying an injunction would
impede the public interest by
threatening the health of LGBTQ
individuals at large, some of
whom will likely develop increasingly
acute conditions on account
of their delaying necessary care or
refraining from transparent communication
with providers out of
fear of discrimination,” the judge
wrote. “There is clearly a robust
public interest in safeguarding
prompt access to health care. The
COVID-19 pandemic only reinforces
the importance of that public
interest and the concomitant need
to ensure the availability and provision
of care on a nondiscriminatory
basis.”
➤ TRANSGENDER HEALTH, continued on p.23
MILITARY
Release of Trans Filipina’s US Marine Killer Draws Fire
Joseph Scott Pemberton used panic defense in brutal 2014 slaying of Jennifer Laude
BY MATT TRACY
In a move that drew criticism
from the administration of
President Rodrigo Duterte,
a Filipino court ordered the
early release of an American marine
who has been serving a decade
long sentence for the brutal
killing of a transgender woman six
years ago.
Joseph Scott Pemberton, a lance
corporal, was stationed in the Philippines
in 2014 for joint exercises
when he met 26-year-old Jennifer
Laude at a nightclub. Video footage
showed the pair entering a hotel
room and later saw him leaving
the room alone. At trial, Pemberton
admitted to choking Laude unconscious,
which led to her death
in that hotel room, but he argued
that she was still breathing at the
time when he left.
US Marine Lance Corporal Joseph Scott Pemberton in 2015 during his trial for the murder of Jennifer
Laude, a transgender woman, in the Philippines.
Pemberton’s legal team ultimately
employed a classic “panic
defense” tactic, arguing that he felt
like he was “raped” because Laude
allegedly performed oral sex on
REUTERS/ ROMEO RANOCO
him before he knew she was transgender.
Panic defenses have historically
been utilized by defendants
who argue that they acted out of
panic after learning about the victim’s
gender identity or sexual orientation.
Nearly a dozen US states,
including New York, have outlawed
the use of such a defense.
Pemberton, who was originally
sentenced in 2015 to a maximum
of 12 years behind bars before the
sentence was reduced to 10 years,
was ordered to be released after he
appealed to the Olongapo City Regional
Trial Court in an attempt to
cut his sentence short. The court
explained away the early release
by touting Pemberton’s good behavior.
While Laude’s family appealed
his release, Filipino offi cials said
he would be released once the
court’s order is processed.
Since his 2015 conviction, Pemberton
has been held in a location
removed from the general prison
➤ MARINE KILLER, continued on p.23
September 10 - September 23, 2 22 020 | GayCityNews.com
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