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Trans Individuals Sue Montana Over Proof of Sex Change Requirement to Amend Birth Certificates

Two Montanans who claim to be transgender filed a lawsuit against the state over a law that requires those wishing to change their sex on birth certificates to prove that they’ve had sex reassignment surgery.

The measure, known as Senate Bill 280, signed in April by Gov. Greg Gianforte, a Republican, provides that the sex designation on a birth certificate may be altered only if the Montana Department of Public Health and Human Services has first received a certified copy of a court order indicating that the sex of the individual born in Montana had been changed by surgical procedure.

State Sen. Carl Glimm, who introduced the bill, said in March he believes a birth certificate is “an item in fact” that should record reality.

“When a person is born, you record where they’re born, you record their weight, you record their sex. And that’s important information to document,” the Republican lawmaker said, according to local media.

The lawsuit, known as Marquez v. State of Montana, was filed July 16 as case number DV21-00873 in the 13th Judicial District Court in the state court system.

According to the legal complaint, the plaintiffs are Amelia Marquez, a man who identifies as a woman, and John Doe, a woman who identifies as a man. Marquez and Doe wish to “correct” their respective Montana birth certificates, which they claim no longer reflect reality.

Both plaintiffs have taken hormone therapy, and Doe has “completed masculinizing chest reconstruction surgery.” Both have no desire to undergo more surgery.

The American Civil Liberties Union (ACLU), which is representing the plaintiffs, argues the statute in question violates their constitutional rights to privacy, equal protection of the law, and due process, according to a statement. Having a birth certificate that doesn’t match a person’s gender identity puts that individual at greater risk of harassment, hostility, and discrimination, the group stated.

“I would like to change the sex designation on my birth certificate to match my female gender identity, but am unable to do so because of the Act,” Marquez said.

“My inability to obtain a birth certificate that accurately reflects my female gender identity is a painful and stigmatizing reminder of the State of Montana’s refusal to recognize me as a woman. Further, denying me an accurate birth certificate places me at risk of embarrassment or even violence every time I am required to present my birth certificate, because it incorrectly identifies me as male.”

According to the 2015 U.S. Transgender Survey, only 25 percent of transgender people in America reported having undergone some form of transition-related surgery. As a result, advocates say laws requiring surgery make it impossible for most of these people to change their gender on birth certificates or driver’s licenses.

A lack of linguistic clarity has clouded the issue in recent years as the concepts of sex and sexual identity, or gender—a politically and scientifically contentious concept whose definition isn’t universally agreed upon—have become difficult to separate. Despite the distinct meanings of the two words, many institutions and individuals use “gender” to mean biological sex, especially on fillable forms and documents.

“A person’s sex designation is determined by the gender identity, not their sex assigned at birth or their anatomy,” the complaint claims. “Gender-affirming surgery, even for those transgender people who have a medical need for it, does not ‘change’ their sex, but rather affirms it.”

“By embracing the Act, the State of Montana has imposed a draconian medical requirement on transgender people that has no medical or other rational justification. It reinstates an archaic understanding of transgender people and ignores modern medical treatment guidelines.”

Former transgender activist James Shupe told The Epoch Times via email that the lawsuit is nonsensical because the idea that one can change one’s sex is a “legal and medical fiction.”

“So a penis of a male that’s been flipped inside out or otherwise reconstructed by a surgical procedure to resemble a vagina is still made of up cells that are male,” Shupe said.

“Likewise, tissue removed from the arm of a female to construct a fake penis is still composed of cells that are female. No sex change has taken place. It’s legal and medical fiction. When the police find an unrecognizable body on the side of the road, they don’t use gender identity, a person’s belief about themself, to determine the sex of that corpse. Nor do archeologists.”

Shupe, after serving as an icon of transgender activism, denounced the movement and the idea that one can change one’s sex as a fraud. Shupe was the first individual in Oregon to receive legal recognition for his “non-binary” sex designation, only to ask to have the status rescinded and his male sex designation restored on his birth certificate after his epiphany.

Originally found on Epoch Times Read More




Heavy Smoke From Western Wildfires Leads To Flight Delays And Cancellations At Denver International Airport

The FAA had to set up a traffic management system for incoming flights, leading to delays.

Originally found on Forbes Read More




Former Florida deputy takes plea deal, gets 3 years for trying to rape woman

Former Florida deputy takes plea deal, gets 3 years for trying to rape woman

Jason Nebergall will spend three years behind bars for 2016 attack

HE WOULD NEVER GO TO JAIL AT ALL. FORMER SHERIFF’S DEPUTY JASON NEBERGALL PLEADED GUILTY TO ATTEMPTED RAPE AND BATTERY CHARGES THURSDAY. FIVE YEARS AFTER HE ATTACKED AMANDA COLEMAN IN HER GREENACRES HOME WHILE WEARING HIS UNIRMFO AND WITH HIS HAND ON HIS G.UN >> ABSOLUTELY, I WAS IN FEAROR F MY LIFE. TERRI: COLEMAN DECIDED TO VEALRE HER IDENTITY PUBLICLLAY ST YEAR , TELLING ME IN SHE WAS NOVEMBER TERRIFIED NEBERGALL WAS GOING TO GO FREE. >> ALL I WANT IS JUSTICE, ALL THIS LEGAL TALK, I DON” UNDERSTAND. IT’S REALLY CONFUSING AND COMES DOWN TO LITTLE THINGS. TERRI: A JURY FOUND NEBERGALL GUILTY IN 1820. BUT AN APPEALS COURT OVERTURDNE HIS CONVICTION BECSEAU DURING THE TRIAL COLEMAN BLURTED OUT INFORMATION ABOUT DNA THE JUDGE D HAPREVIOUSLY RULED COULDN’T BE MENTIONED. NEBERGALL’S SECOND TRIALAS W SCHEDULED FOR LATER THIS MONTH, BUT HE TOOK A THREE YEAR PLEA DEAL INSTEAD AND IS NOW DESIGNATED A SEX OFFENDER, WHICH IS WHAT COLEMAN TOLD ME LAST YEAR SHE WAS HOPG INFOR. >> I JUST WANT THIS TO BE OV,ER — TO BE OR.VE TERRI: THE JUDGE SENTENCEDIM H TO TWO CONCURRENT THREE YEAR SENTENCES AND TO PAY COURT COSTS , ENDING A LONG JOURNETOY JUSTICE FOR COLEMAN. >> IT HAS BEEN VERY CONFUSING , IT’S BEEN A LONG ROAD AND I DON’T WANT THIS HAPPENINTOG ANYONE ELSE. TERRI: THE SHERIFF’S OFFICE DID FIRE NEBERGALL AFTER HIS FIRST CONVICTION. LAST YEAR, HIS FATHER, ALSAO DEPUTY, WAS SENTENCED TO 13 YEARS FOR THE FATAL SHOOTING OF HIS SON IN

Former Florida deputy takes plea deal, gets 3 years for trying to rape woman

Jason Nebergall will spend three years behind bars for 2016 attack

Former Palm Beach County Sheriff’s deputy Jason Nebergall pleaded guilty to attempted rape and battery charges Thursday in a plea deal that will send him to prison for three years.Judge Cheryl Caracuzzo accepted the plea and sentenced Nebergall to three years for each count to run concurrently, with 43 days shaved off for time served.Nebergall will also be designated a sexual predator.The sheriff’s office fired him after his first conviction in 2018. That conviction and eight-year sentence were later overturned by an appeals court because of a statement made by the victim in court about DNA which the judge had ruled must stay out of evidence.Nebergall was set to go to trial in late July but took the plea instead.His attorney was not available for comment.

Former Palm Beach County Sheriff’s deputy Jason Nebergall pleaded guilty to attempted rape and battery charges Thursday in a plea deal that will send him to prison for three years.

Judge Cheryl Caracuzzo accepted the plea and sentenced Nebergall to three years for each count to run concurrently, with 43 days shaved off for time served.

Nebergall will also be designated a sexual predator.

The sheriff’s office fired him after his first conviction in 2018. That conviction and eight-year sentence were later overturned by an appeals court because of a statement made by the victim in court about DNA which the judge had ruled must stay out of evidence.

Nebergall was set to go to trial in late July but took the plea instead.

His attorney was not available for comment.

Originally found on Read More




‘Snake Eyes’ Gets One Final Trailer Just Days Before The Premiere – Watch Now!

The final trailer for Snake Eyes: G.I. Joe Origins is here, just days ahead of the movie’s premiere!

The upcoming movie centers on Snake Eyes (Henry Golding), a tenacious loner who is welcomed into an ancient Japanese clan called the Arashikage after saving the life of their heir apparent.

Upon arrival in Japan, the Arashikage teach Snake Eyes the ways of the ninja warrior while also providing something he’s been longing for: a home. But, when secrets from his past are revealed, Snake Eyes’ honor and allegiance will be tested – even if that means losing the trust of those closest to him.

Snake Eyes: G.I. Joe Origins also stars Andrew Koji, Úrsula Corberó, Samara Weaving, Haruka Abe, Tahehiro Hira and Iko Uwais.

The movie will debut in theaters on Friday, July 23.

If you missed it, check out all the character posters for the movie here!

Originally found on Just Jared Read More




Means ‘ready to go,’ will start Tuesday for Orioles

ST. PETERSBURG, Fla. — Baltimore Orioles ace John Means will return from a left shoulder strain to start Tuesday night against the Tampa Bay Rays.

The left-hander, 4-2 with a 2.28 ERA in 12 starts this season, last pitched on June 5 against Cleveland. He made three minor league rehab outings, including a three-inning stint with Triple-A Norfolk last Thursday.

“It felt great,” Means said on Monday. “Yeah, I’m ready to go.”

Means threw a no-hitter, falling short of a perfect game because of a wild pitch on a third strike, against Seattle on May 5.

“We’re going to closely monitor him. I’m not going to push him in any sort of way his first couple starts,” Orioles manager Brandon Hyde said. “Once he gets settled back in after these first couple starts I hope he does finish like he did last year, that he was one of better starting pitchers in the American League. How he started the year this year, the same way.”

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Baltimore entered Monday with an AL-worst record of 30-62.

Means missed an Opening Day assignment in 2020 due to a shoulder injury. The problem is an area of muscles in the back of the shoulder.

“Since I throw so many change-ups, it gets a little tighter than most people but it’s something that I need to take care of,” Means said. “It’s something that I didn’t and I was just cruising there for so long, and didn’t really want to change anything, wanted to stay out of the training room as much as possible. But that was stupid on my part. Now I know that I’ve got to keep that up and keep that spot as loose as possible so the rest of my muscles aren’t doing too much.”

Baltimore All-Star center fielder Cedric Mullins was rested in Monday night’s series opener against the Rays.

“Not much of an All-Star break,” Hyde said. “I want to keep him fresh in the last 70-plus games.”

Originally found on Read More




Monday night Orioles game thread: at Rays, 7:10

Baltimore enters play today with two wins in a row, but they’re winless in six games against the Rays this season. They’ll try to get off the schneid in tonight’s series opener at Tropicana Field.

Since Orioles starter Spenser Watkins has never faced the Rays — he’s made a total of three appearances this year — the element of surprise is on his side. But with a FIP that’s more than three points higher than his 1.74 ERA, Watkins has been very lucky this season. We’ll see if that luck continues tonight against the Rays.

Ryan Yarbrough is on the bump for Tampa and he’s got a 3.35 ERA in 10 career appearances (five starts) against the O’s. The left-hander has 18 total appearances this season and he’s been better out of the bullpen than in the rotation. He’s got a 4.60 ERA in 13 games started and a 3.15 ERA in five relief appearances.

As a team, the Orioles are batting a solid .269/.325/.433 against left-handers in 2021. But they’ve been dismal against Rays pitching this season, mustering a triple slash line of .179/.274/.300 in 190 at-bats. In case you were wondering if it gets any worse than that, it does. At Tropicana Field, the Orioles are batting a collective .136/.208/.216 in 88 at-bats.

In 20 career at-bats versus Yarbrough, Trey Mancini is hitting an even .300 with three home runs. Anthony Santander is hitting .250 in 12 at-bats, and Pedro Severino is hitting .235 in 12 ABs. Cedric Mullins gets the night off with Austin Hays taking his spot atop the order.

Orioles lineup

Austin Hays LF
Trey Mancini DH
Ryan Mountcastle 1B
Anthony Santander RF
Ramon Urias SS
Pedro Severino C
Ryan McKenna CF
Pat Valaika 2B
Kelvin Gutierrez 3B

RHP Spenser Watkins

Rays lineup

Brandon Lowe 2B
Ji-Man Choi 1B
Yandy Diaz DH
Austin Meadows LF
Randy Arozarena RF
Joey Wendle 3B
Mike Zunino C
Kevin Kiermaier CF
Taylor Walls SS

LHP Ryan Yarbrough

Originally found on Read More




These Are The 5 Republicans McCarthy Picked For The Jan. 6 Select Committee

The list includes three Republicans who voted to decertify the election, but House Speaker Nancy Pelosi has the final say.

Originally found on Forbes Read More




Texas Rep. Introduces Bill to Audit 13 Most-Populous Counties’ Election Results

A Texas House representative announced Monday he’s introducing a bill for a forensic audit of the most populous counties’ election results.

According to the text of House Bill 241, introduced by Republican state Rep. Steve Toth, forensic reviews of counties with more than 415,000 population should be carried out before Nov. 1, 2021, and they should be completed before Feb. 1, 2022.

“Not later than March 1, 2022,” the bill’s text states, “the independent third party conducting the audit under this section shall submit a report to the governor, lieutenant governor, speaker of the house of representatives, and each member of the legislature detailing any anomalies or discrepancies in voter data, ballot data, or tabulation.”

The counties that should be audited, according to the bill, include Harris, Dallas, Bexar, Tarrant, Collin, Travis, Denton, Hidalgo, Fort Bend, El Paso, Williamson, Montgomery, and Cameron.

It’s not clear whether the Republican-led Texas Legislature has the appetite for the sweeping audit, which would be one of the largest election reviews in U.S. history. The Epoch Times has contacted House Speaker Dade Phelan’s office and Republican Senate President Pro Tempore Donna Campbell for comment.

A news release posted by Toth on Monday cited recent comments from Texas Attorney General Ken Paxton, who said last month that about 500 election fraud cases are being prosecuted by his office—although scant details have been provided to date. During a speech at CPAC this month, Paxton said he’s investigating 400 more fraud cases.

His release also included a statement of support from Montgomery County Judge Mark Keough, who said Toth’s “proposed bill is timely and necessary” in potentially “exposing any instances of fraud during the 2020 election and reassuring Texas voters.”

After the months-long audit of Arizona’s Maricopa County’s Nov. 3 results, lawmakers in other Republican-led states like Wisconsin or Pennsylvania have pushed for election reviews of their own. Last week, an audit team that reviewed ballots and election equipment in Maricopa told a state Senate hearing they found thousands of discrepancies, although Maricopa County executives and Democrats have frequently denigrated the audit and said the results are not credible.

Meanwhile, the Texas state House is currently in a state of limbo after dozens of Democrat lawmakers left the state earlier this month in a bid to deny Republicans quorum to block a separate election overhaul bill and met with top Democrats, including Vice President Kamala Harris, in Washington D.C. The stunt drew condemnation from Phelan and Texas Gov. Greg Abbott, who both threatened to arrest and detain the lawmakers upon their return to the Lone Star State and force them to be present to hold the special legislative session.

A quorum is the minimum number of members of an assembly or legislative chamber who must be present at any of its meetings to make the proceedings of the meeting valid.

In reasoning why they left the state, Democrats said they have no other choice to block the election bill—which they described as a measure designed to suppress minority voters’ rights. But Republicans said the bill is necessary to restore the public’s confidence in their elections and safeguard future ones.

“By and large, individual voters are trying to vote. They’re trying to do the right thing,” Republican state Sen. Bryan Hughes told KWTX earlier this month in why the election overhaul bill needs to be passed. “We want them to do that. The security measures in this bill, by and large, are directed at vote harvesters or folks who are trying to steal votes.”

Originally found on Epoch Times Read More




Juno Temple Goes Back To Blonde After Bright Pink Hair At ‘Ted Lasso’ Premiere

Juno Temple pulled a fast one on everyone!

It turns out that the 31-year-old actress didn’t actually dye her hair the bright pink she had for the Ted Lasso premiere last week.

Juno revealed that she was still blonde during the Apple TV+ Ted Lasso season two preview with co-star Hannah Waddingham held at Ross House over the weekend in Los Angeles.

Hosted by The Hollywood Reporter and sponsored by Heineken, Juno and Hannah both teased what’s happening in the second season of the hit series and opened up about how they appreciate that their characters aren’t pitted against each other.

“To get to play two very different, but extremely brilliant, fragile, beautiful, sometimes broken, sometimes pieced-back-together women that are true friends and aren’t competitive with one another and actually just want to support each other through whatever shit gets thrown at them is really a pleasure,” Juno shared on stage. “It’s something that happened off screen as well — supporting one another through moments of personal brilliance and personal tragedy.”

Hannah added, “And thank God, otherwise, this would have been a difficult job.”

25+ pictures inside of Juno Temple and Hannah Waddingham at the Ted Lasso season two preview event…

Originally found on Just Jared Read More




White House Is in the Process of Emptying Guantanamo Bay, With Goal to Close Prison

White House press secretary Jen Psaki said Monday the Biden administration is “considering all available avenues to responsibly transfer detainees,” and “close Guantanamo Bay.”

“Yes, our goal is to close Guantanamo Bay,” Psaki said at Monday’s briefing. “I don’t have a timeline for you. As you know, there’s a process. There are different layers of the process, but that remains our goal and we are considering all available avenues to responsibly transfer detainees and of course close Guantanamo Bay.”

Her comments came the same day that the Biden administration’s senior administration officials announced its first transfer of a detainee, Abdul Latif Nasir, from the military prison, back to Morocco.

The Periodic Review Board (PRB) in 2016 decided Nasir was no longer a U.S. security risk and that his case could move forward, but the process was paused during the Trump administration who wanted to keep the prison open.

A senior Biden official told reporters, “The PRB assesses that information together with the detainee’s testimony at the hearing, should he choose to participate, to determine whether continued detention remains necessary to address a continuing significant threat.”

Psaki confirmed that “there are 39 detainees who remain at Guantanamo Bay, 10 are eligible for transfer, 17 are eligible for a periodic review board, and 10 are involved in the military commission’s process and two detainees have been convicted.”

The Biden administration is seeking to transfer all detainees but cannot give a specific timeline of when the prison will be emptied the official said.

“The Biden administration will apply all the necessary diplomatic resources to facilitate the transfer of detainees found eligible. So, the Department of State is the lead for engaging in those diplomatic negotiations,” the senior official said.

Shortly after taking office Biden aides in February launched a formal review of the U.S. military prison at Guantanamo Bay in Cuba, reviving the Obama-era goal of closing the controversial facility with the aim of doing so before he leaves office, the White House said.

The prison was opened under President George W. Bush. The prison’s population grew to a peak of about 800 inmates before it started to shrink. Obama whittled down the number further but his effort to close the prison was stymied largely by Republican opposition in Congress.

Psaki said there is no date for closure as the president needs Congress’s approval and that takes a process.

“Well, as you know, there are several components of this process and it includes notifications and consultations with Congress. It’s not something where one individual, even the president of the United States, can do it on his own,” Psaki said.

Reuters contributed to this report.

Originally found on Epoch Times Read More