India

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In April, India’s Supreme Court in a landmark ruling granted transgender people legal protections and access to affirmative-action type programs. Now, India’s government is asking the justices to reconsider some aspects of their judgment.

The government — led by the conservative Bharatiya Janata Party, which has deep roots in the country’s Hindu nationalist movement — said in an application to the Supreme Court that the transgender ruling “may pose problems both practically and politically” and asked for clarifications and changes.

Indian Government Objects to Supreme Court Ruling on Transgender Rights – India Real Time – WSJ.

Morales v. Gonzales (USA)

In 2007, Nancy Arabillas Morales, a.k.a. Juan Manuel Arabillas Morales, a male-to-female transsexual, petitioned for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) removal order and denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

The IJ concluded that Morales was removable both because he was an alien present in the United States without admission or parole and because he had been convicted of a crime involving moral turpitude-communication with a minor for immoral purposes.   The IJ further found Morales would have been eligible for asylum but for his conviction, which the IJ determined was a particularly serious crime. Having made that decision, the IJ denied Morales’s applications for asylum and for withholding of removal.   The IJ also denied Morales’s application for CAT relief on the merits, holding that Morales had not shown it was more likely than not he would be tortured if he were returned to Mexico.

The U.S. Court of appeals for the Ninth Circuit concludes the IJ improperly relied on a recitation of facts in the Washington appellate court’s opinion affirming Morales’s conviction.   Relying on those facts, the IJ determined that Morales’s conviction was for a particularly serious crime.   A substantial portion of the facts the IJ relied upon, however, applied to offenses for which Morales had not been convicted.   Therefore, the court remanded to the BIA with instructions to remand to the IJ for a redetermination of the “particularly serious crime” issue.

Here is a statement of what Morales did: Continue reading

Oregon Health Evidence Review Commission (USA)

The Oregon Health Evidence Review Commission (HERC) added gender dysphoria – defined as a condition in which “people whose gender at birth is contrary to the one they identify with” –  to the state’s list of conditions that require government-funded treatments. As of 2015, low-income transgender residents of Oregon will have access to gender reassignment surgery and hormone therapy if they want it.

Low-Income Transgender Residents in Oregon to Gain Access to Government-Funded Care _ Feminist Majority Foundation Blog.

Eliana Rubashkyn/Luis Alexander Rubashkyn (New Zealand)

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A transgender refugee from Colombia who was knocked back by other countries says she has “found paradise” in New Zealand after being officially recognised as a woman. Eliana Rubashkyn, born Luis Alexander Rubashkyn, claimed she had been imprisoned and ridiculed overseas because her appearance did not match the “male” identity. But the 26-year-old, who did not undergo a sex-change, is thrilled that her New Zealand certificate of identity has her gender stated as “female.” Immigration New Zealand said Ms Rubashkyn was referred for resettlement to New Zealand by the United Nations High Commissioner for Refugees under the refugee quota programme.

Transgender refugee says NZ paradise – National – NZ Herald News.

Transgender woman’s nightmare in Hong Kong – CNN.

Morris “Tracey Lynn” Garner (USA)

 

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Morris “Tracey Lynn” Garner, a Man who identifies as a Woman, was sentenced to life in prison for the “depraved heart” murder of another woman.  Garner, 54, administered an unlicensed silicone injection that killed 37-year-old Karima Gordon, of Atlanta. Garner was also convicted of conspiracy to commit wire fraud. Gordon died in 2012, eight days after seeking the illicit means to enhance her buttocks.

There are a number of instances where transgender people have killed others administered silicone.

Morris Garner, Mississippi man, charged in butt-implant death – CBS News.

Deadly Butt Injection Lands Mississippi Woman Life Sentence _ TIME.

Miller v. Angel (USA)

The Superior Court of California held that the marriage of Jake Miller, who uses the stage name Buck Angel, was valid. He and his wife Elayne Angel were married in Louisiana after Buck had obtained a California court order recognizing his male sex and had been living as a man for years. His California birth certificate was amended several years after the marriage. In an effort to avoid paying spousal support, Elayne attempted to argue that their marriage was invalid on the grounds that Buck’s birth certificate had not yet been amended to reflect his male sex at the time the Louisiana marriage took place. The California court ruled that Buck was legally male, and that Louisiana law would recognize this as a marriage between a man and a woman.

Miller v. Angel.

Mariah/Brian L. v. Administration for Children’s Services @nclrights (USA)

Mariah L. is a 20-year-old man who identifies as a woman who was in foster care in New York City. Mariah’s doctors said that sex reassignment surgery was medically necessary for him. The Administration for Children’s Services (ACS) refused to provide Mariah with the procedure. Mariah obtained a court order requiring ACS to pay for the surgery, which ACS appealed. The National Center for Lesbian Rights filed an amicus brief on behalf of a group of doctors and health clinics in support of Mariah.  The appellate court ruled in favor of ACS, holding that the family court does not have the authority to order ACS to provide and pay for any type of medical care.

Matter of Brian L. v Administration for Children’s Servs.

Brian (aka Mariah) L. v. The Administration for Children’s Services_ National Center for Youth Law – youthlaw.

Case_ Mariah L. v.

Matter of Brian L.

Mariah L. v.