Equality Case Files

UPDATE: The trial in Ashley Diamond's case was cancelled yesterday evening. The trial was set to resume this morning following Monday's jury selection. I don't have any other details to report right now.

UPDATE 2: In response to Ms. Diamond’s decision to forego a trial, attorneys at the Southern Poverty Law Center and the Center for Constitutional Rights issued the following statement:

“Ashley Diamond has decided that a lengthy trial and the trauma of recounting her horrific abuse and neglect by the Georgia Department of Corrections would be detrimental to her recovery. She is deeply grateful for the public support she has received over the years and looks forward to returning to her activism after she has spent time focusing on healing.

“For over a decade, Ms. Diamond has fought for the rights of imprisoned transgender people, and she hopes to continue to be a leader in this vital effort.”

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Jury trial begins this week in Ashley Diamond's federal lawsuit against Georgia Department of Corrections officials. Ms. Diamond is a transgender woman who was held in mens' prisons until her release in August '22. She seeks damages for prison officials’ failure to protect her from s*xual assault, s*xual abuse, s*xual harassment, and denial of necessary medical care while incarcerated.

The Southern Poverty Law Center has more about the case at the link below. Note that the only remaining claims are for damages, as she has now been released.

The trial is in Macon (M.D. Ga.) before Chief Judge Marc Treadwell. Yesterday was jury selection. Witness testimony will begin tomorrow, Jan 19 and is expected to last through Jan 27. I (Kathleen) will be here for the duration.

Twelve jurors were seated and sworn in yesterday morning following voir dire (federal rules require at least six). Because the demographics sometimes discussed in open court (e.g., age, occupation) were not openly discussed in this case, there's not much I can can report on demographics with any certainty.

Based only on my impression, it appears there are seven women and five men, ages ranging from 20s/early 30s to 70-ish, on the jury.

One question plaintiff’s attorney asked prospective jurors during voir dire was whether they, family, or friends are LGB. Of the 38 people in the jury pool, 8 identified they have family or close friends who are LGB and 4 of these people are on the jury. The same question was asked whether they, family, or friends are transgender. One person identified having a trans family member; this person not on jury.

The Court used a “silent strike” method of striking jurors , i.e., parties and judge passed a sheet back and forth without discussing contents in open court, so I don’t know who was struck - either for cause or for each sides’ 3 preemptory strikes.

For filings in the case, see our docket here. We’ll try to keep this updated throughout the trial:
http://files.eqcf.org/cases/m-d-ga-520-cv-00453-docket/

SPLC: Transgender Woman Sues Georgia Dept of Corrections After Repeated Sexual Assaults and Denials of Medical Care Ashley Diamond, Who Won Previous Changes Against GDC, Sues for Second Time

Maryland

On Friday, a Maryland federal judge ruled in favor of a transgender man denied gender-affirming care by the University of Maryland St. Joseph Medical Center.

From the ACLU:
“A federal court ruled [Friday] that the University of Maryland St. Joseph Medical Center violated the Affordable Care Act when it denied Jesse Hammons for commonly-performed medical care simply because the procedure was for gender-affirming care. The government-owned hospital claims that providing Hammons with medical care would be a violation of their religious beliefs.”

“The medical center was operated as a Catholic hospital until the University of Maryland Medical System purchased the hospital in 2012. Despite being a governmental entity, UMMS agreed to operate the medical center as a Catholic hospital. Hammons was able to receive gender-affirming care in July through a different medical provider.”

Per the opinion, “Any remaining questions as to damages—to the extent that there are any—are reserved for trial.” Judge Chasanow has set a January 25 status conference where parties will discuss next steps in the case.

Per federal rules, defendants have 30 days to file a notice of appeal.

The full opinion is linked below. The ACLU has more information on the case here: https://www.aclu.org/press-releases/aclu-sues-university-maryland-hospital-turning-away-transgender-man

1:20-cv-02088 #121 Doc 121 - Memorandum Opinion

Soule v. Connecticut Assn. of Schools (Lawsuit to block transgender girls from competing as girls in school sports)

The 2nd Circuit U.S. Court of Appeals affirms the district court dismissal of this lawsuit. The opinion is linked below.

From the opinion:
"Plaintiffs-appellants are four cisgender female students who allege that the policy disproportionally disadvantages cisgender girls as compared to boys"

"Like the district court, we are unpersuaded, with respect to the claim for an injunction to alter the records, that Plaintiffs have established the injury in fact and redressability requirements for standing; both fail for reasons of speculation. And because we conclude that the CIAC and its member schools had notice to the contrary -- Plaintiffs' claims for damages must be dismissed.

"Accordingly, we AFFIRM the district court's dismissal of Plaintiffs' claims against the CIAC and its member high schools."

21-1365 #241 Doc 241 - Opinion