Category: texas

  • Writer and advocate Gillian Branstetter joins the podcast to discuss the right’s war on trans people.

    This post was originally published on Dissent MagazineDissent Magazine.

  • Over the last three years, Innocence Project supporters have helped prevent three innocent people from being executed — Pervis Payne, Rodney Reed, and Julius Jones. Tens of thousands of you have taken action to stop these irreversible injustices, and now Innocence Project client Melissa Lucio needs your help.

    Melissa Lucio at Mountain View Unit Texas. (Image: Courtesy of the Innocence Project)

    Ms. Lucio is facing execution on April 27 in Texas for a crime that never happened — the tragic, death of her daughter. In 2008, Ms. Lucio was convicted and sentenced to death based on a biased and inadequate death investigation and a shockingly inadequate defense. But that’s just the tip of the iceberg.

    Ms. Lucio has maintained her innocence for 14 years.

    She was wrongfully convicted and sentenced to death after her 2-year-old daughter, Mariah, died in 2007 following an accidental fall. Although Ms. Lucio repeatedly told the police that she did not kill or abuse her daughter, they continued to interrogate her for five hours the same night  her daughter died. Around 3 a.m., Ms. Lucio, exhausted and in shock from the loss of her child, agreed, falsely, to take responsibility for some of Mariah’s injuries. Ms. Lucio, a life-long survivor of abuse, succumbed to the detectives’ demands to bring the nightmarish interrogation to an end.

    The lifetime of sexual abuse and domestic violence that Ms. Lucio had endured made her especially vulnerable to the police’s coercive interrogation tactics. But her defense was not allowed to present this evidence at trial. Her attorney failed to mount a proper defense or present evidence pointing to her innocence. 

    Lacking solid physical evidence, Cameron County District Attorney Armando Villalobos presented Ms. Lucio’s statement to the jury as a “confession” to homicide and sought the death penalty, a “win” he thought would help him get re-elected. Today, the former district attorney is serving a 13-year federal prison sentence for bribery and extortion.

    There is simply too much doubt in this case, and people must speak out to prevent Texas from executing an innocent person on April 27.

    While Ms. Lucio’s attorneys are working diligently within Texas’ legal system to have Ms. Lucio’s execution date withdrawn, to hopefully obtain a new trial, the power to stop this irreversible injustice may lie in the hands of Gov. Greg Abbott — the only person in the state who can stop Ms. Lucio’s currently scheduled execution. 

    Here are four ways you can take action and encourage Gov. Abbott to intervene.

    1. Add your name to this petition.

    More than 100,000 people have already signed, but we need more signatures. If Gov. Abbott and the Texas Board of Pardons and Parole see the overwhelming support for Ms. Lucio, that can make a big difference. If the courts do not weigh in before April 27, only Gov. Abbott can stop Ms. Lucio from being executed. 

     

    Cameron County Courthouse in Brownsville Texas. (Image: Wikimedia Commons)

    2. Call the Cameron County District Attorney and ask him to withdraw Ms. Lucio’s execution date. Not from Texas? Send this to friends and family who do live in the state.

    When elected officials hear from their constituents, they pay attention, especially when they receive phone calls. Help us get as many phone calls in support of Ms. Lucio as possible. Call 956-300-3881 or click here (If you’ve never called an official before and don’t know what to say, don’t worry! We’ve provided an example of what you can say, but elected officials always take notice of personalized messages, so we encourage you to make it your own.)

     

    3. Make a video, a post, or story about Ms. Lucio’s case on Instagram, TikTok, or any other platform. Use the hashtag #SaveMelissaLucio. Check out these talking points below to get started.

    Not on social media? No problem! These talking points work just as well in conversations with friends and family, just help spread the word. 

    • Melissa Lucio is scheduled to be executed on April 27 for a tragic accident.
    • In 2007, her 2-year-old daughter, Mariah, fell down a flight of stairs, and she died two days later.
    • Melissa has no history of abusing her children or violence.
    • Melissa repeatedly maintained her innocence, but police kept interrogating her, yelling at her and intimidating her for five hours — the same night her daughter died. 
    • Melissa is a survivor of a lifetime of sexual abuse and domestic violence, and the kinds of deceptive and intimidating techniques officers used are particularly traumatic for people with those experiences. And those techniques are known to produce false confessions.
    • The jury did not hear Melissa’s defense or mitigating factors.
    • There is too much doubt in this case.
    • Texas has to review her innocence case before they kill an innocent person.
    • Visit savemelissa.org before it’s too late.

    4. Wear your support for Ms. Lucio and help bring attention to her case. Purchase Save Melissa gear.

    If you live in Texas, we encourage you to attend the 26th Annual Cesar E. Chavez March for Justice in San Antonio on Saturday, March 26, 2022, beginning at 8:30 a.m. CST. Details here. Bring your Save Melissa signs and join supporters.

    The post Four Ways to Help Melissa Lucio, Innocent Woman Set to Be Executed on April 27 in Texas appeared first on Innocence Project.

    This post was originally published on Innocence Project.

  • Local governments are trying to replace public transit with a privatization scheme called "microtransit."

    When “microtransit,” the new rage in transit privatization, showed up in Denton, Texas, union activists decided to fight back.

    Microtransit is a loosely defined term that combines on-demand service with flexible scheduling and routes — imagine replacing a bus system with shared Ubers. It is presented as a high-tech alternative to public transit, but in reality it’s an extension of the drive to privatize.

    Some local governments around the country have already handed off operations of their public transit systems to large private operators like Keolis and MV Transportation. This move takes it one step further: dumping the buses and bus drivers altogether.

    Micro-Privatization

    Denton is a small city in the Dallas-Fort Worth metropolitan area, home to two universities. The Denton County Transportation Authority operates buses and a light rail line in Denton and two neighboring cities.

    The mayor and the transit agency began exploring alternatives to the existing transit system several years ago, nominally to save money. In 2020, Dallas’s transit system adopted a microtransit pilot, contracting with Uber to provide the service. Following their lead, Denton sought out microtransit and decided to go with a company called Via, a former competitor to Uber and Lyft that got iced out of the rideshare market and rebranded itself as a microtransit company. It has since chased after cities and counties, offering to supplant their public transit systems.

    And that’s exactly what Via set out to do in Denton: replace all fixed-route bus service with on-demand vehicles driven by independent contractors who are hailed by an app. Drivers operate rented vehicles that they’re responsible for. For the DCTA, this comes with the benefit of getting rid of the existing unionized workforce and the capital investment that comes with maintaining and operating a bus system.

    Underfunded on Purpose

    When officials began discussing the microtransit idea four years ago, Denton bus operator Jim Owen sounded the alarm with his co-workers.

    Owen, a Transit (ATU) Local 1338 member, had been attending DCTA board meetings for the past eight years. He had long been frustrated with the lack of investment in the existing service, which he said was part of a plan: “They haven’t thrown any money to the bus service because they want to get rid of the bus service.”

    Bus operator Paula Jean Richardson recognized the theme; before coming to Denton she had worked for a public transit agency in Los Angeles. “Way back in the early ’90s they tried to privatize part of our company,” she said. “I saw it for what it was. Public money should go to public transportation, period.”

    Owen’s co-workers brought the issue to a cross-union group called Denton Worker, formed in 2019 to connect local unionists so they could assist each other in their fights.

    “Our goal was to find workers who needed to be organized, find issues around unfair labor practices and wage theft, and try to be a touchstone for workers in Denton,” said UPS part-timer Will Hale, a steward with Teamsters Local 767.

    Denton Worker had begun by holding forums about organizing rights and tabling at the local Martin Luther King Day parade, but its efforts were soon sidelined by the pandemic.

    The threat to the bus routes — and the bus operators’ jobs — revived the group. It started holding meetings via Zoom to figure out what could be done.

    “I don’t want to see any of my fellow workers without a job,” said bus operator and Local 1338 member Victoria Allen. “And for the community: the people here need it. It’s a big deal to be able to get on the bus and be able to go somewhere.”

    Unionists also balked at taking operations out of local hands to enrich a tech company based in New York City. “You’re purloining the public purse,” said Owen.

    No Bus Cuts Denton

    Denton Worker renamed itself No Bus Cuts Denton and decided to bring the fight to the public. Organizers identified the DCTA Board and the city council as targets.

    They started handing out flyers that explained what was happening and asked members of the public to bring their concerns to the city council. They also collected petition signatures.

    To connect with riders, No Bus Cuts Denton organizers sought them out on buses. “Riding the buses and talking to people gave us an even better sense of what the effects of the cuts would be,” said Joshua Hatton, a member of the Texas State Employees Union, affiliated with the Communications Workers. He realized the cuts were going to affect “people who are really fighting for the basics of life, who don’t have access to smartphones or banking services.

    “For those of us who aren’t drivers, it really gave us [a] sense of urgency. It became more than a solidarity action with drivers.”

    Many riders didn’t know that service cuts were coming; Hatton estimated that only 1 in 10 had heard. The group also flyered DCTA operators at their workplaces.

    The response was strong, among drivers and riders alike. “I didn’t meet one person who thought that it was good to cut the buses,” said James Baker, a No Bus Cuts Denton member who organizes with the Industrial Workers of the World.

    The group was able to generate 20 calls and 40 emails a day through its canvassing — something the city council wasn’t used to. “These people signed up for an easy job,” said Hale. “We provided [the public] with the opportunity to do something about it together, collectively.”

    No Bus Cuts Denton also organized people to attend DCTA board meetings, held virtually, to fight the cuts. “We had a sort of call-in filibuster at a board meeting one time — we had so many people call in and voice their opposition that they changed the board rules,” said Richardson.

    Organizers were able to find allies on the city council: newly elected progressives who had not been part of the Via deal. They were able to play the council against the DCTA board, chaired by former mayor Chris Watts, the driving force behind the privatization effort.

    The council passed a resolution to extend the existing bus service by six months while the Via pilot took place; Watts bucked the council and pushed to reduce that to just three months. He got his way on that — but under pressure from organizers, the council removed Watts from the board and replaced him with a more pro-transit member.

    Partial Victory

    At the end of the three-month extension, organizers secured a partial victory. The board preserved five of the eight existing fixed-route bus lines while continuing the Via project. Funding for the remaining routes is preserved through September, when it is potentially on the chopping block once again.

    “Overall, we won back some of the territory that was lost, but we have to defend what we’ve taken back and try to take back more,” said Hatton. “We want to build public transportation, not gut it.”

    So what’s “microtransit” like so far? Users have been reporting unreliable service with Via, whose drivers sometimes don’t show up or don’t have wheelchair-accessible vehicles for those who need them. Via is charging an introductory rate to entice users, lower than what they’ll ultimately be charging: “What’s going on now is that it’s basically a taxi cab service for 75 cents,” says Owen. “If it’s $2 or 3, Via [usage] is going to drop like a rock.”

    Activists also highlight that there’s nothing about flexible transit that requires it to be operated by independent contractors rather than unionized employees. For example, Via’s operations in Columbus, Ohio, are run by TWU members, who already represent the area’s public transit workers.

    Meanwhile, Watts, the former DCTA board chair, has announced that he’s running for city council; if elected, he is expected to continue the privatization fight. Supporters of the privatization effort even tried to put Watts on the DCTA board after his removal. “We won a battle, but we still have a war going on,” Richardson said. “We have to keep fighting.”

    Campaign organizers are pivoting back to building Denton Worker, though they plan to maintain No Bus Cuts Denton as the group’s transit committee. “We want to organize more folks into the fold,” says Richardson. “Not only to benefit us, but eventually — like I saw with us — to benefit them.”

    The fight against transit privatization has given the group of labor activists a sense of their power. “Now we have a coalition of people who realize that they can do things,” said Baker.

    Labor Notes sends our condolences to the friends and family of Jim Owen, member of ATU Local 1338 and activist with No Bus Cuts Denton, who passed away on February 25, 2022.

    This post was originally published on Latest – Truthout.

  • Texas Gov. Greg Abbott exits stage after speaking at the Houston Region Business Coalition's monthly meeting on October 27, 2021, in Houston, Texas.

    The largest nurses’ union in the U.S. joined civil rights groups late Friday in celebrating a judge’s decision to temporarily bar the state of Texas from investigating the parents of transgender children, an effort launched last month by Republican Gov. Greg Abbott.

    In her ruling, District Judge Amy Clark Meachum argued that Abbott’s directive ordering the Texas Department of Family and Protective Services to investigate parents who pursue gender-affirming care for their trans children is “beyond the scope of his duty and unconstitutional.”

    Meachum said a statewide injunction against Abbott’s order — which was issued with the support of Texas Attorney General Ken Paxton — will remain in effect until “this court, and potentially the Court of Appeals, and the Supreme Court of Texas” hear the case. The ACLU and Lambda Legal sued earlier this month to block the directive.

    Zenei Triunfo-Cortez, RN, the president of National Nurses United (NNU), said in a statement Friday night that Abbott’s policy is “an insidious scheme to rob trans youth, their families, and their care providers of the agency to do what is best for this exceptionally vulnerable group of patients.”

    Under the blocked directive, nurses, doctors, teachers, and others who knew a child was receiving gender-affirming care but didn’t report it to Texas authorities could have faced criminal penalties.

    “While it would be easy to view these attacks simply as political gamesmanship, and they are that, they are also a very real and grave threat to the health, existence, and futures of transgender people,” said Triunfo-Cortez. “Criminalizing parents for supporting their children — whether they are trans or cis, gay or straight — is a heinous breach of any sense of ethics. This is especially true when we’re talking about potentially lifesaving medical care, which gender-affirming care is, according to research.”

    “Nurses know our first responsibility is to our patients, to care for them, and to advocate on their behalf based on available evidence,” Triunfo-Cortez added. “It’s clear these politicians’ responsibilities lie elsewhere. So we welcome today’s decision.”

    Despite another defeat in court, Paxton — who last month authored a non-binding legal opinion characterizing some gender-affirming care as “child abuse” — said he filed an appeal against Meachum’s injunction late Friday.

    While Paxton called investigations into the families of trans kids “legal and necessary,” officials in at least two of Texas’ largest counties have said they will refuse to comply with the directive, arguing that Abbott and Paxton “are ignoring medical professionals and intentionally misrepresenting the law to the detriment of transgender children and their families.”

    As the Texas Tribune reported, dozens of people testified at a hearing on Abbott’s directive held by the Texas Department of Family and Protective Services ahead of the state judge’s ruling on Friday.

    “Many read written testimony from trans children and their families who were terrified to attend themselves,” according to the newspaper.

    One mother who said her kid attempted suicide at age 12 after coming out as transgender warned during testimony that “children will die because of Governor Abbott’s order.”

    Brian Klosterboer, an attorney with the ACLU of Texas, said in a statement late Friday that Meachum’s ruling “brings some needed relief to trans youth in Texas, but we cannot stop fighting.”

    “Witnesses — including a parent targeted by these attacks, experts on medical care, and a supervisor within Texas Child Protective Services — gave courageous and emotional testimony about the fear and harm caused by these unlawful actions,” Klosterboer added. “All trans young people deserve to live freely as their true selves.”

    This post was originally published on Latest – Truthout.

  •  

     

    Janine Jackson interviewed TLDEF’s Andy Marra about trans youth rights for the March 4, 2022, episode of CounterSpin. This is a lightly edited transcript.

          CounterSpin220304Marra.mp3

     

    Spectrum 1: Trans advocates warn of SB8's impact on the LGBTQ+ population

    Spectrum News 1 (11/12/21)

    Janine Jackson: Texas Attorney General Ken Paxton issued an opinion calling gender-affirming care for trans young people “child abuse.” The state’s governor, Greg Abbott, doubled down, directing the Texas Department of Family and Planning Services to investigate parents who support their trans children in accessing care as child abusers. Abbott also suggested that teachers, doctors, nurses—anyone, really—could face criminal penalties if they don’t report parents and providers who support trans kids.

    It’s frustrating to read media accounts that say “LGBTQ advocates” disagreed with or were concerned about this event, because, actually, pretty much every relevant medical and legal authority weighed in immediately to say not only do those statements not reflect the legal understanding of child abuse, but they fly in the face of the fact that support for gender-affirming medical procedures comes from, for instance, the American Medical Association, which states that not only is gender-affirming care appropriate, but that the absence of it leads to poor mental health outcomes.

    In the same week, Joe Biden told trans youth, “I will always have your back” in the State of the Union address. So here to help us contextualize this past week in trans news is Andy Marra, executive director of the Transgender Legal Defense and Education Fund. She joins us now by phone. Welcome to CounterSpin, Andy Marra.

    Andy Marra: Thank you for having me, Janine.

    JJ: Let’s start with Texas. It seems important to say that laws don’t have to change for people’s lives to change, for people to be harmed. What do you think, maybe what you’re hearing from folks in Texas, but what are your concerns about the effect of the statements on people, whether or not they changed the law?

    AM: Well, the first thing that needs to be made clear, nothing said by Governor Abbott, or the attorney general in Texas, has any legal basis whatsoever.

    JJ: Right.

    AM: There hasn’t been a court in Texas, or a court anywhere in the country, that has found gender-affirming care to be considered “child abuse.” It’s just pure politics. And in light of the fact that Texas just concluded a primary, it seems pretty obvious that Governor Abbott was more than likely drumming up support amongst his base, at the expense of transgender young children in our country and the parents who love them dearly.

    JJ: I think for a lot of people, it’s like a joke, that you would say that parents who support their child are abusers. And parents who abandon or deny or punish them? Well, they’re the healthy ones. But “this is so obviously absurd and hateful that surely nothing will come of it”—that’s not really proven such a successful approach.

    Trevor Project report statistics

    Trevor Project (7/20)

    AM: Well, it’s not legally binding, what Abbott and Paxton have both declared, but it is having a profound impact on our young people and their families. People in Texas, as a result of hearing the remarks and the actions taken, they might be afraid to bring their trans children to a doctor now, which is in no one’s best interest. Medically necessary care should be accessible, and should be determined by the patient and the healthcare provider. And, unfortunately, the governor and the attorney general are sending the completely opposite message.

    Let’s talk about the actual effects that this political rhetoric is having on our young people. The Trevor Project, a partner of TLDEF, conducted a report, and they found 86% of LGBTQ young people in this country have said that recent politics has negatively impacted their well-being.

    JJ: There’s like 195 state bills proposed in 2022 alone, and it’s just March. So we’re wrong to say “this is ridiculous.” We do have to engage at every level to push back against these bills, even if they’re just at a low level, even if they’re just maybe not going to bubble up to become actual law, they still are having an effect.

    AM: You make a great point about the volume of anti-trans bills that are cropping up in state legislatures across the country. 2021 was no exception. There was a similar number of anti-trans bills introduced in state legislatures, including in the state of Texas. And it’s not a mistake, it is not a coincidence. What is happening is the result of a highly coordinated effort by a number of opponents who would seek to harm our young people in this country.

    Organizations like the Alliance Defending Freedom and the Heritage Foundation, Concerned Women for America, these organizations have consistently attacked LGBTQ progress in this country. And their latest and greatest strawperson happens to be young people. It’s not only, in fact, despicable, it’s quite frankly putting some of our most vulnerable people in this country at risk. We are putting trans young people in actual risk for their safety and for their well-being. And for parents, there is an incredible amount of fear and confusion about how they can best support their children during these times.

    So I just want to underscore, this is not a mistake, this is not a coincidence. This is a highly coordinated effort in an attempt to derail progress in this country. And sadly, for me, from a very infuriating position, the next generation is being attacked. And it’s downright despicable.

    JJ: Are there any particular things that you would like news media to do more of, or maybe less of, in terms of their reporting on trans issues and these predations on trans people’s human rights?

    Andy Marra

    Andy Marra: “When we talk about gender-affirming care, it’s not an ambiguous, abstract concept. It is medically necessary, life-saving care.”

    AM: First things first, we need to remember that these attacks are on children and their families. This isn’t a trans rights issue. This is an infringement on the rights of families.

    And we also need to remember that when we talk about gender-affirming care, it’s not an ambiguous, abstract concept. It is medically necessary, life-saving care that is backed up by every major medical association in this country.

    We know that when trans people of all ages have access to gender-affirming care, it enables trans people to thrive. It improves their health and well being. And I would encourage news outlets across the country to pay attention, and to look for stories that explore more deeply the positive and lasting impacts of healthcare.

    Politicians should not have the final say when it comes to who should receive medical care. That is completely up to a doctor. And for media outlets, as well as those of us who consume news, we have to remain skeptical of the political theater and the distraction from politicians like Governor Abbott and the attorney general in Texas.

    JJ: I hear that, and I also hear how crucial intersectionality is, and how often that is missing from reporting, which tends to isolate issues and harms. You can be trans on Monday, but if you’re also Black, well, we’re going to do that story on Thursday, right? If you have a disability, well that’s Sunday. And I really appreciated Gabriel Arkles, senior counsel at TLDEF, who was reminding folks that things like organizations being allowed to use religious exemptions to deny services to LGBTQ people, that that’s especially bad and differently bad for poor people and working-class people, because they’re more likely to rely on services that wealthier people can avoid.

    And he also noted that, if we’re talking about child removal—actually, genuinely taking kids out of families—well, that’s a much more real threat for some families than for others. And so I know you know that you can’t isolate issues, and if we’re talking about responses, we have to talk about intersecting those responses. And this is as true for trans youth as it is for many other folks.

    AM: Absolutely. And on the matter of religious exemptions, look, in this country, we not only have civil rights protection, we also have religious exemptions as well. And both of those things have existed in this country for decades. And, look, TLDEF is a proponent and supporter of the Equality Act, which is a piece of federal legislation that would explicitly codify gender identity and sexual orientation as protected classes.

    JJ: And Biden mentioned it, called it out last night.

    AM: Absolutely. And we know that with this bill, and also the reality of the Senate’s composition, this is an issue that is going to require bipartisan support. And, sadly, our opponents, who do not want to see this crucial piece of legislation passed, have twisted very long standing and common sense principles, like religious exemptions, and distorted them to derail progress, more specifically to derail the passage of this bill.

    So I would encourage listeners, and particularly media outlets, to delve even deeper on that particular subject, because, look, our opponents are fighting tooth and nail to ensure that either progress is completely derailed, or to slow it down to the fullest extent possible. And, quite frankly, the trans community, but more broadly the LGBTQ+ community, communities of color, communities of faith, would all benefit from this piece of legislation.

    Truthout: Supreme Court Backs Catholic Foster Care Agency in LGBTQ Discrimination Case

    Truthout (6/17/21)

    JJ: Let me just ask you, finally: One of the things I liked about another piece I read from Gabriel Arkles was the reminder that courts, not even the Supreme Court, don’t have the final say on an issue. The people do. And I think you’ve just touched on it, but if you could just say, where would you like to see people using their voice? It’s easy to get discouraged when we see things like Governor Abbott and those statements, and it’s easy to get confused about what actual impact that can have, and then, even if it’s not law, it still has an impact. What would you have listeners do to make their voices heard on this set of issues?

    AM: I have received numerous emails and phone calls over the past several days related to developments in Texas, and I have been on the phone for many hours with our colleagues on the ground. And a lot of folks are asking: “What can I do in this moment? How can I be of help when it feels like there is nothing that can be done?” And I would say, pick up your phone, or go on your computer, and call or contact your US senator and call on them to pass the Equality Act.

    There’s a crucial need for federal protections in this country that would not only strengthen existing civil rights laws in the United States, but would also expand them to include deeply marginalized community members. And for TLDEF, and for me as a trans woman, as a trans woman of color, it matters when the president gets up in front of the world and delivers the State of the Union that calls on his colleagues in Congress to pass the Equality Act. That matters. And for listeners that are looking for one thing to do in support of trans equality, I would encourage you all to contact your US senator right now and call on them to pass the Equality Act.

    JJ: Thank you. We’ve been speaking with Andy Marra, Executive Director of the Transgender Legal Defense and Education Fund. You can find and follow their work online at Transgenderlegal.org. Thank you so much, Andy Marra, for joining us this week on CounterSpin.

    AM: Thank you for having me.

     

    The post ‘These Attacks Are on Children and Their Families’ appeared first on FAIR.

    This post was originally published on FAIR.

  • Melissa Lucio in Texas's Mountain View Unit, on February 2022.

    First it was her mother’s boyfriend. Then it was the man she married at age 16. Then it was her next partner. Starting at age 6, Melissa Lucio endured repeated sexual abuse from the men in her life. By the time Texas Ranger Victor Escalon demanded that she confess to the death of her 2-year-old daughter, 39-year-old Lucio had been well-conditioned to acquiesce to adult men, even if it meant confessing to a crime she didn’t do.

    None of that was explained during her trial. Now, the State of Texas plans to execute Lucio on April 27, 2022. She is the first Latina woman sentenced to death by the State of Texas and the first woman set to be executed by the state since 2014. Lucio has always maintained her innocence.

    “Melissa had multiple vulnerabilities and susceptibilities for making a false incriminating statement in a coercive interrogation setting,” Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, told Truthout. During an evaluation ordered in earlier years by Child Protective Services, a psychologist found that Lucio had an IQ of 70, placing her in the intellectually disabled range. The National Registry of Exonerations found that in exonerations involving false confessions, 70 percent were by people with mental illness or intellectual disability.

    “They took advantage of a woman who had a lifelong experience of gender-based violence,” said Sandra Babcock, faculty director at the Cornell Center on the Death Penalty Worldwide and an expert on women and the death penalty. “Prosecutors minimized the impact of gender-based violence and exploit their trauma to obtain criminal convictions and death sentences.”

    Approximately 40 percent of women who have been exonerated had been wrongfully convicted of crimes involving child victims, according to the National Registry of Exonerations. Nearly 30 percent had been wrongfully convicted of killing children and 63 percent had been convicted of crimes that never happened — such as accidents or events that were fabricated. Lucio’s prosecution also illustrates the ways in which state actors — including law enforcement and courts — twist the effects of ongoing trauma and violence as evidence of a survivor’s guilt.

    When Trauma Becomes Evidence of Guilt

    The majority of incarcerated women have experienced physical and sexual abuse before arrest. This includes Lucio, whose childhood was marked by sexual violence and parental dismissal of that abuse.

    Before prison, Lucio lived her entire life in Harlingen, Texas, a town with fewer than 72,000 residents not far from the Mexico border.

    Her father abandoned the family when Lucio was an infant. Her mother struggled to support her six children, often working long hours and leaving them in the care of her boyfriends. When Lucio was 6, her mother’s boyfriend began raping her — and continued to do so for the next two years. She was also repeatedly raped by an uncle. She told her mother, but her mother said she did not believe her.

    Studies have found that sexual victimization during childhood increases the risk of victimization in adulthood between two and 13.7 times.

    That’s what happened with Lucio. At 16, she married 20-year-old Guadalupe Lucio — in large part to escape her family situation — and dropped out of school. By the time she was 24, the couple had five children. But marriage didn’t end the violence. According to court documents, Guadalupe was a “physically and emotionally abusive alcoholic.” His abuse escalated until he abandoned the family in 1994.

    Lucio then met and moved in with Robert Alvarez, with whom she had seven more children. Alvarez was also abusive, according to Lucio and others. The principal at Lucio’s children’s school reported seeing Alvarez punch Lucio on school grounds. The family was also economically unstable; during one four-to-six-week period, they lived in a park.

    In September 2004, two weeks after Mariah, Lucio’s youngest child, was born, Child Protective Services placed Mariah and six of her minor siblings in foster care after receiving reports of neglect. Lucio was never accused — by Child Protective Services or any of her children — of abuse.

    Two years later, in November 2006, Child Protective Services returned Mariah and her siblings to Lucio and Alvarez’s care. By then, the family lived in a second-story apartment which could only be accessed by a steep exterior wooden staircase.

    Three months later, in February 2007, while the family was moving to a new home, Mariah, then age 2, fell down those steep stairs. The girl seemed fine after the fall but, two days later, she took a nap and was unresponsive when the family tried to wake her. One of Lucio’s older daughters called 911. Mariah was dead when paramedics arrived. Lucio explained that the girl had fallen down the steps two days earlier, but their new home had only three small steps.

    “They immediately doubted her story and rushed to judgment and came to the conclusion that this had to be abuse and murder,” explained Potkin. “From that point on, tunnel vision set in and they didn’t consider any other explanation.”

    The state’s medical examiner found significant bruising on the girl’s body as well as a weeks-old fracture in her left arm, missing patches of hair, and marks on her back that the examiner said were bites.

    Nine years later, in 2016, the President’s Council of Advisors on Science and Technology concluded that forensic bite mark evidence is not scientifically valid. So did the Texas Forensic Science Commission, which called for an end to bite mark testimony in criminal trials.

    But in 2007, the medical examiner concluded that Mariah had been severely abused and had died of a head injury that had occurred within 24 hours of her death.

    Police interrogated Lucio, who had already been awake for 14 hours and was pregnant with twins. She told detectives that her daughter had fallen down the stairs two days earlier, but the police were fixated on the idea that Lucio had caused her daughter’s death.

    “She’s a mother. Her young child has just died. She’s suffering from shock and trauma and immediately taken into interrogation and berated by officers who tell her she’s a horrible mother,” Potkin said. “It was her psychological response to the trauma that was used against her as evidence of guilt. It was a vicious cycle that kicked in — a presumptive questioning and coercive tactics used to break her down and get her to make some inculpatory statement.”

    This included yelling and implicit threats, such as one detective telling her, “If I beat you half to death like that little child was beat, I’d bet you’d die too!”

    Lucio repeatedly denied hitting or abusing Mariah. She admitted to occasionally spanking her children “on the butt.” She also told police that some of her older children were rough with their youngest sibling, but did not know who caused Mariah’s specific injuries.

    By 1 am, Lucio had already been questioned for hours and had neither slept nor eaten when Texas Ranger Victor Escalon took over the interrogation. The Rangers are known for harsh interrogation methods, including coercing false confessions that have sent people to death row.

    Escalon showed photos of Mariah’s injuries and prompted her for more details. Lucio told him that she had bit her daughter one day while tickling her although she did not know why she had done so. She continued to insist that she had never hit her daughter in the head and had only spanked her with her hand.

    Escalon repeatedly pressed her about the bruises on Mariah’s body until Lucio said, “I guess I did it.” Shortly after, Escalon turned the interrogation camera off.

    When he resumed the recording at 3 am, Escalon had brought in a doll, ordering Lucio to show him how she had bit and spanked Mariah and continually urging her to hit the doll harder. He pointed to several sets of bruises and instructed Lucio to spank the doll in those areas to illustrate how she would have caused them. He also had her affirm that she was the only one who spanked Mariah.

    A Conviction in an Election Year

    Armed with Lucio’s supposed confession, Cameron County prosecutor Armando Villalobos, seeking reelection, charged her with capital murder. If found guilty, she faced execution.

    On the trial’s first day, prosecutors played recordings of Lucio’s statements that she was the only one responsible for Mariah’s injuries. They called police and paramedics to testify about Lucio’s demeanor that evening. Texas Ranger Escalon testified about Lucio’s seeming passivity, stating that people who are innocent would have acted outraged and upset.

    During their closing arguments, prosecutors replayed portions of the interrogation video and characterized Lucio’s statement as a confession.

    Lucio’s lead attorney Peter Gilman attempted to introduce two expert witnesses — social worker Norma Villanueva and psychologist John Pinkerman — to contextualize her responses and counter Escalon’s assertions about Lucio’s guilt. Both had reviewed Lucio’s history and interviewed her several times, and would have illuminated how Lucio’s history of sexual abuse affected her during interrogation, including how the ongoing trauma had conditioned Lucio to acquiesce to male authority figures, thus rendering her vulnerable to repeating what Escalon prompted her to say. Pinkerman concluded that Lucio suffered from post-traumatic stress disorder (PTSD) and that Lucio’s flat affect in response to Mariah’s death and her own trial were dissociations to numb herself from the pain. The trial judge excluded both witnesses.

    Instead, the jury heard three witnesses for the defense — a neurosurgeon who testified that blunt trauma from falling down the stairs could have caused Mariah’s death; Lucio’s sister who testified that Lucio “never disciplined her children,” and a Child Protective Services worker who testified that nothing in the agency’s files indicated that Lucio had been physically abusive to any of her children. In their closing argument, defense attorneys explained Lucio’s statements as products of a coercive and lawyer-less interrogation, not as admissions of guilt.

    In July 2008, the jury convicted Lucio of capital murder. Babcock noted that, during the penalty phase, Villalobos called in jail officials to ask if Lucio was ever seen crying or screaming. When told that she spent most of her time lying or sitting on her bed, Villalobos characterized her as “cold-hearted” and “remorseless.” She became the first Latina sentenced to death in Texas.

    Villalobos won reelection. Lucio was sent to the women’s death row at the Mountain View Unit, a prison in Gatesville, Texas, where she has remained in solitary confinement for the past 14 years.

    In a separate trial, Robert Alvarez, who had a history of assaultive behavior against Lucio and her children, was sentenced to four years in prison for reckless injury to a child.

    A Looming Death Sentence and Race Against the Clock

    The following year, in October 2009, Lucio’s defense attorney Peter Gilman was hired by district attorney Armando Villalobos. In 2014, Villalobos was sentenced to 13 years in prison for over $100,000 in bribery and extortion in exchange for prosecutorial discretion, such as minimizing charging decisions and agreeing to pretrial diversions. Gilman remains an assistant district attorney.

    On October 17, 2018, a three-judge panel on the Fifth Circuit Court of Appeals ruled that Lucio was denied her constitutional right to create a meaningful defense. The state appealed to the full 17-member court. Ten judges agreed that excluding Pinkerman’s testimony deprived Lucio of a fair trial; three of those judges then sided with their colleagues in ruling that the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA) required federal courts to defer to the decisions of state courts. In other words, explained Babcock, although the majority of judges agreed that she did not receive a fair trial, “Melissa was condemned to die on a legal technicality.”

    Lucio turned to the U.S. Supreme Court. Sixteen organizations as well as eight former prosecutors and legal experts submitted an amicus brief in support of her. But last October, the Supreme Court refused to hear her case.

    In December, Lucio’s new legal team petitioned the Inter-American Commission on Human Rights (IACHR), an organization tasked with overseeing human rights in the Western hemisphere. In their petition, Babcock and her law students argued that not only was Lucio inadequately represented at trial and that crucial witnesses were excluded, but also that Lucio’s limited cognitive abilities, depression and post-traumatic stress disorder renders her more vulnerable to the acute trauma of solitary confinement.

    The following month, in January 2022, current Cameron County prosecutor Luis V. Saenz filed a motion to set an April execution date. The court granted that motion. If there is no intervention, the State of Texas will execute Melissa Lucio by lethal injection on April 27.

    On February 8, Lucio’s lawyers filed a motion to withdraw or modify her April 27 execution date, arguing that Lucio was wrongfully convicted. That motion is currently pending before the 138th Judicial District Court of Cameron County, the same court that set her execution date.

    On February 18, the IACHR adopted a resolution requesting that the U.S. refrain from executing Lucio until the commission can reach a decision on her petition.

    Texas law requires that any application for clemency, or a lessening of Lucio’s sentence, must be received by the state’s Board of Pardons and Paroles no later than 21 days before the execution; for Lucio, that date is April 6, 2022. Lucio’s lawyers must now race against the clock — and the ongoing COVID restrictions — to finalize and present all exculpatory evidence to the Texas Board of Pardons and Paroles and Gov. Greg Abbott.

    In mid-January, Mountain View prison had 52 newly identified COVID cases among incarcerated people and another 27 among staff. “COVID is raging here,” one incarcerated person wrote in a letter to Truthout at the end of January.

    “It’s outrageous that Texas has set an execution date while we are still in the midst of a pandemic,” said Babcock. The pandemic imposed a year-long prohibition on in-person contact with Lucio (or any person incarcerated in Texas prisons) and continues to impede lawyers’ and experts’ access to her.

    “Texas’s refusal to give her team the time that it would take to put together the most convincing and compelling package is itself a great miscarriage of justice, the likes of which we have not seen in the annals of the death penalty in Texas,” Babcock said.

    This post was originally published on Latest – Truthout.

  • Chase Strangio on the GOP’s Push in Florida, Texas, Idaho to Eradicate Trans Youth & Trans Lives

    We speak with Chase Strangio of the ACLU about recent anti-LGBTQ measures in Florida, Texas and Idaho, and pending bills in other states. Florida’s “Don’t Say Gay” education bill aims to ban the mere discussion of sexuality and gender identity in schools. A bill in Idaho criminalizes gender-affirming healthcare for transgender children and teens. Meanwhile, welfare officials in Texas have begun to carry out Republican Governor Greg Abbott’s directive to launch child abuse investigations against parents who seek gender-affirming care for their transgender children. “What we’re seeing is a national, well-funded effort to attack and eradicate trans youth and trans lives specifically,” says Strangio, who is also an attorney in the ACLU’s lawsuit against Abbott.

    TRANSCRIPT

    This is a rush transcript. Copy may not be in its final form.

    AMY GOODMAN: This is Democracy Now!, Democracynow.org, the War and Peace Report. I’m Amy Goodman with Juan González. The Florida Senate voted Tuesday to ban the discussion of sexuality and gender identity in schools. The legislation known as the “Don’t Say Gay” bill has faced mounting criticism from Democrats, rights advocates, many students and educators. Meanwhile the Idaho State House has passed a bill that would criminalize gender-affirming healthcare for trans children and teens. The bill makes it a felony punishable with life in prison for a doctor who provides gender-affirming care including surgeries and hormone treatments. It would also make it a felony to take trans youth out of the state to receive that care elsewhere. This all comes as a fight escalates in Texas over a directive by the Republican Governor Greg Abbott that orders state welfare officials to launch child abuse investigations against parents who seek gender-affirming care for their trans children. We go now to Chase Strangio, Deputy Director for Trans Justice with the ACLU LGBTQ & HIV Project. The ACLU is part of a lawsuit to block the Texas directive. Chase, let’s start with Florida and what happened there.

    CHASE STRANGIO: Thanks, Amy, and good morning. Starting specifically with Florida, we now have the so-called “Don’t Say Gay” bill that heads to Governor DeSantis’ desk. He has indicated his support for the bill. I want to make two just quick points about this piece of legislation as it relates to the legislation and the national context. First, we’re hearing a lot from supporters about how this is really targeting young children in classrooms, with an explicit prohibition in the K through three context. But as a parent of a fourth-grader, what are families like mine supposed to do? What are kids like mine supposed to do? Those are grades where people are urged to talk about their families, so what this does is it erases the possibility that young people can speak about their own lives, their own truth. That connects to this larger national context where what we’re seeing is a national well-funded effort to attack and eradicate trans youth and trans lives specifically. And that is not an effect of what we are seeing; that is the intention.

    JUAN GONZÁLEZ: Can you talk a bit more about the context in which this and other bills are being advanced by Republican lawmakers, especially in Florida where DeSantis clearly is a potential presidential candidate?

    CHASE STRANGIO: I think what we are seeing nationally is an effort to leverage and weaponize misinformation particularly about trans people to mobilize a political base in the lead-up to 2022 and 2024. This is happening in state houses across the country that are deeply gerrymandered, that have shifted incredibly far to the right as a result in large part of the Supreme Court’s decision in 2013 to gut the Voting Rights Act with the Shelby County versus Holder decision. So we can’t understand this national context without understanding the voter suppression that is happening, without understanding the efforts to restrict access to reproductive healthcare. There is a dynamic process that is mobilizing state control over people’s bodies through voter suppression structures in order to make it harder for people to survive in the lead-up to major national elections in 2022, the midterms, and then in 2024 with the presidential election. That is what we’re seeing from GOP leadership not just in Florida but also in places like South Dakota and Texas as well.

    JUAN GONZÁLEZ: Chase, you’re an attorney in the case of Doe versus Abbott in Texas. Can you describe that case and what has happened so far?

    CHASE STRANGIO: We really have to understand that there is an absolute crisis in Texas. Families are being terrorized by Governor Abbott’s completely extralegal and impermissible directive to the child welfare agency to start investigating families and threatening the general public with criminal prosecution if they do not report trans youth and their families to the child welfare agencies. Right now on the ground, we know that families are being investigated solely because they have transgender children. Teachers are being asked to report transgender children and their families to child welfare authorities and providers have cut off healthcare across the state. So the practical impact is catastrophic, and people are suffering. We filed a lawsuit to try to block this directive. We are currently in state court in Austin to try to stop the implementation of this directive at every level and that litigation continues. But the reality is that this national conversation and the actions by the Alabama legislature, Florida Legislature, and executive officials in Texas is having the effect of making it difficult if not impossible for trans young people to survive.

    AMY GOODMAN: Texas, Chase. Are they threatening to take trans children away from their parents?

    CHASE STRANGIO: They are threatening to take trans children away from their parents for the sole and exclusive purpose that their parents are loving and supporting them and providing them with medically necessary doctor-recommended healthcare. I cannot stress this enough. They are coming into homes, investigating families solely because parents love their kids and are providing care consistent with the recommendations of every major medical association in the United States.

    AMY GOODMAN: The significance of what happened on Friday, the Houston-based Texas Children’s Hospital, the largest pediatric hospital in the country announcing it is stopping prescribing gender-affirming hormone therapies?

    CHASE STRANGIO: They have cut off care, canceled appointments. And we’re talking about lifesaving necessary care, so we have young people who are relying on this care to stabilize their health and well-being. A lot of this care is time-specific, so they’re pulling young people off of care that’s going to force them into their endogenous puberty. The extent of the fear and trauma is unimaginable right now and there’s very little recourse for many people. So we are fighting with everything we have to stop not only the implementation of these directives, but the fallout from them. Because it is not just these large hospitals, but individual providers, because of fear of criminal prosecution if they continue to follow their ethical obligation as doctors to treat their patients.

    JUAN GONZÁLEZ: We only have about a minute left, but I’m wondering if you can talk about some of the legislation occurring in other states, for instance in Idaho, Iowa or Utah?

    CHASE STRANGIO: I just want to highlight briefly that both Idaho and Alabama currently have felony bans on healthcare pending. If those bills pass—in Alabama, there’s one vote left in the House. In Idaho, it has to make it to the Senate. These are bills that also would be similarly catastrophic for trans people and we already have such a bill that thankfully we enjoined in Arkansas but our litigation continues there, and of course there are dozens of bills across the country still pending.

    AMY GOODMAN: Specifically in Idaho, what you’re most concerned about happening there?

    CHASE STRANGIO: I am concerned that this bill passes and all care is cut off. And not only is it cut off, that bill would make it a felony with potential life imprisonment not only to treat people in-state, but you take someone out of state to get the treatment. What are families supposed to do? As a parent, I simply cannot imagine what it must feel like to face criminal prosecution to try to keep your kid alive.

    AMY GOODMAN: How many bills like this have been introduced around the country, Chase?

    CHASE STRANGIO: We are facing a context now where over 35 states have introduced bills targeting transgender young people. Thankfully, we are able to stop some of them, but we are continuing to fight to the very end of these legislative sessions because there is an aggressive push to move these quickly through state legislatures.

    AMY GOODMAN: We want to get into the details of these, so we’re going to do part two of our discussion with you right now. Chase Strangio, Deputy Director for Trans Justice with the ACLU LGBTQ & HIV Project. That does it for our show. Democracy Now! is currently accepting applications for a Human Resources Manager. Learn more and apply at Democracynow.org. Democracy Now! is produced with Renée Feltz, Mike Burke, Messiah Rhodes, Nermeen Shaikh, Maria Taracena. I’m Amy Goodman with Juan González. Stay safe.

    This post was originally published on Latest – Truthout.

  • Graduate wearing cap with LGBTQ flag on it

    The Florida state senate passed legislation dubbed the “Don’t Say Gay” bill by critics on Tuesday as part of a broader attack on lessons about LGBTQ identity, sex education, racial justice and other subjects that are routinely exploited by right-wing media outlets and politicians to galvanize their base.

    The legislation, known officially as HB 1557, would ban teachers from discussing sexual and gender identity in all classrooms below the fourth grade and require lessons for older students be “age appropriate,” a vague standard that opponents say would swamp cash-strapped public schools with expensive litigation. As advocates point out, the bill is also a “Don’t Say Trans” bill that comes as Republican policymakers in Texas, Alabama and beyond are attempting to score political points by eroding the rights of transgender youth and their parents.

    LGBTQ and civil rights groups warn the legislation would muzzle teachers and students and foster an environment of intolerance at school for LGBTQ youth and students with gay, queer, trans and non-binary parents. Along with efforts to stifle history lessons and anti-racist curriculums, advocates say that putting LGBTQ students in the crosshairs of this partisan culture war is detrimental to their emotional and psychological well-being and flies in the face of efforts to prevent bullying.

    For Black students and students of color who already struggle to feel safe at school, the harms of the anti-LGBTQ legislation would be “amplified ten-fold,” according to David J. Johns, executive director of the National Black Justice Coalition (NBJC), a leading Black LGBTQ+ civil rights group.

    “No one gains from watching elected officials bully vulnerable children and their families in an attempt to deny that LGBTQ+ people exist and deserve love and respect,” Johns said in a statement.

    Transgender, non-binary, gay, lesbian and bisexual youth report discrimination and mental health distress at notably higher rates than their cisgender and heterosexual peers, and LGBTQ youth of color are more likely to report suicidal thoughts, depression and anxiety that white LGBTQ youth. Nearly 52 percent Black LGBTQ+ students already feel unsafe in school due to their sexual orientation and 40 percent feel unsafe due to their gender expression, according to a national survey by NBJC.

    “The reality is simple — this will hurt children, increase suicide rates among the LGBTQ+ kids, and hurt non-LGBTQ+ children who would benefit from learning to celebrate diversity and build skills that enable them to thrive in the real world,” Johns said.

    Florida Gov. Ron DeSantis has defended the legislation and could soon sign the bill into law as school walkouts and protests continue to erupt in Florida. Students launched popular online petitions opposing the legislation, including one successful petition demanding that a student suspended from a high school in eastern Florida for organizing protests be allowed back into the classroom.

    Victoria Kirby York, the deputy executive director of NBJC who is raising a young child with their wife, said DeSantis and Republicans such as Gov. Greg Abbott of Texas are exploiting the fears of a fringe minority in the GOP by othering queer kids with anti-trans and anti-LGBTQ+ policies in order to win back the White House in 2024.

    “And the sad thing is that they are not thinking of the impact the other way around, or they are thinking about it or they don’t care, which is really a tragedy,” York said in an interview. “Kids who are queer-identified or kids of color, they are worried about getting their teachers fired for talking about their families.”

    Like other right-wing bills targeting educators, the Florida legislation allows reactionary parents to file lawsuits against schools if they believe their child was exposed to “inappropriate” material. Nationally, only 28 percent of middle and high school students report learning about LGBTQ people and issues at school to begin with, according to the Trevor Project, a mental health advocacy group.

    Advocacy groups say LGBTQ students in Florida and across the country are already denied inclusive sex education that affirms their identities and give them tools for staying safe and healthy, and the bill threatens to have a chilling effect on even the current (and already inadequate) educational efforts where they exist.

    York said many young children are trying to figure out sex and gender as well as racial identity before their parents feel ready to talk about the “birds and the bees” — and some parents never have these conversations in the first place. Young children also want to talk about their parents at school, but what will teachers in Florida do now if queer parents come up? Will some children be able to talk about their parents, while kids with gay, bisexual, queer, trans and/or nonbinary parents feel punished because they are not allowed?

    “Stigma and shame start early,” York said.

    For many, public schools are seen as a safe haven for students who are not accepted by their parents, but the legislation would prohibit school policies that meant to prevent students from being outed to their parents and potentially facing abuse or even expulsion from their homes. Only one in three LGBTQ youth surveyed last year said their household was LGBTQ-affirming. Homelessness among LGBTQ youth is a longstanding problem, with up to 16 percent Black and multiracial youth reporting that they have experienced homelessness.

    The legislation could also discourage educators from creating spaces for students that affirm their gender and sexual identities. Youth with access to such spaces reported lower rates of attempted suicide in 2021, the Trevor Project reports.

    “Attempting to prevent students from knowing and feeling comfortable using words, histories and experiences will not make those words, histories and experiences disappear,” Johns said.

    Florida’s “Don’t Say Gay” legislation comes as Abbott moves to block transgender kids from receiving gender-affirming health care in Texas. Lawmakers in Idaho passed similar legislation to block gender-affirming health care for youth this week. York said these measures — and the message they send to children, teenagers and adults — target some of the most marginalized and vulnerable people in our communities, including Black and Brown people who must also contend with the reality of racism at a young age.

    Regardless of what politicians like DeSantis and Abbott do, York said parents must affirm their children and their identities, which is a “key indicator of success for our kids.”

    “Parents like me are continuing to love and affirm their children … their identity and who they are begins to get shaped very early, and it’s important that they hear affirming messages early,” York said.

    This post was originally published on Latest – Truthout.


  • This content originally appeared on Democracy Now! and was authored by Democracy Now!.

    This post was originally published on Radio Free.

  • Texas Gov. Greg Abbott speaks during a campaign event on February 23, 2022, in Houston, Texas.

    Texas Children’s Hospital, the largest pediatric hospital in the United States, announced that it would no longer provide gender-affirming care to patients in response to an executive order from Republican Gov. Greg Abbott.

    That order, which relied on a non-binding legal opinion from state Attorney General Ken Paxton, stated that such care equated to child abuse — a notion that contradicts scientific consensus on the subject, and which experts and medical associations have vehemently disagreed with. Abbott’s decree also demands that the state investigate families who seek out gender-affirming care for their children, and similarly requires investigations into doctors, nurses and other medical staff that assist in such treatment.

    In announcing its decision, Texas Children’s Hospital cited Abbott’s order, which warned of “criminal penalties” for those who ignored it.

    “After assessing the Attorney General’s and Governor’s actions, Texas Children’s Hospital paused hormone-related prescription therapies for gender-affirming services,” a statement from the hospital said. “This step was taken to safeguard our healthcare professionals and impacted families from potential criminal legal ramifications.”

    Texas Children’s Hospital’s decision to halt care for transgender and gender diverse children was widely condemned. The hospital could have taken a firm and decisive stand against Abbott’s order, some have pointed out, as legal challenges to the order have already successfully halted investigations into at least one family in the state (later this week, a judge is set to rule on whether the order violates families’ rights overall).

    “Think about the implications of the biggest pediatric hospital in Texas suddenly halting lifesaving hormone therapy for trans youth,” Ari Drennen, LGBTQ program director for Media Matters for America, said on Twitter. “This will force kids who’ve been thriving as themselves either traumatically detransition or turn to less safe internet sources for treatment.”

    Travis Reece-Nguyen, a board-certified general and pediatric anesthesiologist and a member of the World/US Professional Association for Transgender Health, also rebuked the action by Texas Children’s Hospital.

    “Hey @TexasChildrens, do you know how harmful it is to totally stop ALL gender-affirming care for #trans and #genderdiverse [patients]? You should be leading the efforts opposing this TX HATE [executive order] instead of bowing down and harming your own [patients],” Reece-Nguyen wrote. “DO BETTER.”

    Meanwhile, the Campaign for Southern Equality noted that the hospital’s decision and similar moves from other entities in Texas “are the consequences of the cruelty from the Texas Attorney General, Governor, and anti-transgender forces in the state.”

    Transgender lawyer and activist Chase Strangio expressed similar sentiments, stating that “there is so much bad stuff happening to trans people in Texas so fast it is hard to catch our breaths.”

    “I am sending so much love to everyone on the ground [sic] their fighting for justice and fighting to live,” Strangio added.

    Studies show that gender-affirming care is beneficial to those who receive it, including children; in many cases, such treatment can even be life-saving.

    Transgender and gender diverse children “who have access to gender-affirming medical care experience improvements in mental health and often show mental health comparable to their cisgender peers,” one analysis of multiple studies examining the topic concluded.

    This post was originally published on Latest – Truthout.

  • Teenage students looking at library books and wearing face masks

    Students in Texas school districts are pushing back against right-wing book-banning campaigns by forming book clubs and distributing banned titles to their peers.

    Last year, Rep. Matt Krause, a Republican in the state legislature, sent a letter to school districts in Texas, inquiring whether they had any of the 850 books that he deemed to be offensive or inappropriate in their libraries. Soon after, Gov. Greg Abbott (R) sent an order to the Texas Education Agency to investigate whether schools were providing students access to these books, describing them as “pornography.”

    The books being challenged by right-wingers in the state are far from being sexually explicit – but many of them do explore themes like race, gender identity and sexuality, and depict characters that are nonwhite and/or non-heterosexual. Indeed, several students have noted that while some books have been banned for containing age-appropriate sexual content, several others have been allowed, so long as they feature heteronormative situations.

    “They’re OK with heterosexual scenes, heterosexual ideas. But the second something turns slightly, slightly queer, slightly homosexual, it discomforts them,” said Maghan Sadeghi, a senior at a high school in Katy Independent School District (ISD), a suburb of Houston. “It’s the same thing with [people of color] viewpoints. ​​Why do we have to remove books about Black people and Asian Americans simply for the sake of white people’s comfort?”

    Cameron Samuels, a nonbinary student who also attends a Katy ISD high school, added that these books are being singled out precisely because they depict people and identities that some parents or political groups don’t want acknowledged.

    “These policies have dire consequences for us because they keep us struggling with our queer identities,” Samuels said.

    Sadeghi, Samuels and other students in the district have partnered with publishers and political groups in the area to distribute books that have been restricted. According to reporting from The Texas Tribune, more than 100 students are taking part in the project.

    The publication also noted that students in other districts in Texas are taking similar steps to ensure their peers continue having access to banned titles. In Leander Independent School District, just outside of Austin, students have formed a banned-book club, which meets every two weeks to discuss books that have been removed from classroom libraries.

    Most Texans disagree with campaigns to ban books from school libraries. A University of Texas/Texas Politics Project poll from February showed that 62 percent of Texans oppose removing books from school libraries, while only 29 percent say they support the idea.

    The problem isn’t just in Texas, however. Conservative parents and groups across the U.S. have been demanding that school libraries ban books whose subject matter they are uncomfortable with.

    Deborah Caldwell-Stone, the director of the American Library Association’s Office for Intellectual Freedom, told Truthout earlier this year that from September 1 to December 1, 2021, the association recorded challenges to 330 books throughout the country. “The attempt is based on the myth that the U.S. is a monocultural society,” Caldwell-Stone explained, “but libraries and schools serve diverse populations. The right wing is pushing back against efforts to be inclusive.”

    This post was originally published on Latest – Truthout.

  • A classroom at University of North Texas responds to anti-trans Texas House candidate Jeff Younger's visit.

    Student protesters at the University of North Texas (UNT) drove out an anti-trans candidate for the Texas House of Representatives this week, at an event hosted by a conservative student group on campus.

    The UNT chapter of Young Conservatives of Texas (YCT) invited Jeff Younger, a Republican running in the 63rd House district in Texas’s state legislature, to speak on Wednesday. A video shared on social media showcases how student protesters stopped him from disseminating his bigoted viewpoints.

    The students sat in the room Younger was scheduled to speak in, banging their hands on tables and shouting “fuck these fascists” at Younger and YCT organizers. The students also shouted slogans that expressed support for transgender children in the state, who have been targeted by conservative lawmakers in recent weeks.

    Younger supports calls to ban gender-affirming care for transgender and nonbinary youth in Texas. According to accounts from inside the room where the protest took place, he engaged the protesters by clapping his hands in rhythm to their pounding on tables, calling the demonstrators “communists.” One person at the event also alleged he shouted back at the protesters, “Trans people don’t exist.”

    As a result of the student-led protest, the YCT event was cut short by about 40 minutes. Police ordered protesters to leave the building, where they continued chanting in support of trans rights. Officers also provided the president of the YCT group with a vehicle escort. Video of that vehicle driving away shows that it sped toward protesters still outside the building, hitting at least one person who was unable to move out of the way fast enough.

    Younger’s presence on campus came just weeks after YCT distributed transphobic flyers on UNT’s campus, amplifying calls to criminalize gender-affirming medical care for transgender youth. It also comes as Texas Gov. Greg Abbott (R) has ordered state government departments to investigate families who may have provided their transgender or nonbinary children with gender-affirming care, which he erroneously describes as child abuse.

    A wide range of medical organizations have decried Abbott’s invasive executive order, noting that gender-affirming care is beneficial to transgender and nonbinary children – in fact, such treatments can often be life-saving.

    Younger announced his candidacy for the state House seat last year, and has made attacks against transgender children in the state a cornerstone of his campaign. Notably, Younger himself has a transgender daughter, whom he lost custody of in 2019 to his ex-wife; his ex now has sole custody of two children from their marriage.

    During the divorce hearings, the judge in the case noted that Younger’s actions were theatrical and showed little concern for his child’s wellbeing. Younger “finds comfort in public controversy and attention” and appeared “motivated by financial gain,” the judge said, noting that he made nearly $140,000 in a crowdfunding campaign that was supposedly to help him win custody of his children.

    Younger is campaigning on making gender-affirming care illegal in the state through legislative statute beyond Abbott’s order. On his campaign website, Younger claims that a Texas court “stole” his children from him. He continues to reference his transgender daughter on his website with the name she was given at birth, and refuses to recognize her current name. Younger has also publicly lied about his ex-wife, claiming that she is subjecting his daughter to chemical castration treatments — a gender-affirming option that is not administered at all to children of his daughter’s age, as Chase Strangio, a lawyer and trans activist based in New York, explained in an article for Truthout in December.

    “The majority of care prescribed to minors is nonsurgical, and no medical care is provided at all prior to puberty,” Strangio said. “When care is provided, sometimes in the form of medication to delay puberty or gender-affirming hormones to initiate puberty consistent with gender identity, it is done to alleviate severe symptoms of distress.”

    This post was originally published on Latest – Truthout.

  • The Texas State Capitol is seen on the first day of the 87th Legislature's third special session on September 20, 2021, in Austin, Texas.

    A judge in Texas has blocked an investigation into a family with a transgender teen in the state, stating that the inquiry violated their constitutional rights.

    Gov. Greg Abbott (R), working off a legal opinion from Republican state Attorney General Ken Paxton, recently ordered state agencies to conduct child abuse investigations into families if there is reason to believe that their transgender or nonbinary children are receiving gender-affirming medical care. The Department of Family and Protective Services responded to that order by opening an investigation into one of its own employees, who has a transgender teenager.

    That inquiry was opened based on the mere possibility that the family “may” have provided the child with gender-affirming health care, the family noted in its lawsuit against the state.

    In her order issued on Wednesday, state District Judge Amy Clark Meachum blocked Abbott’s decree, but limited her decision to the investigation of the single family suing the governor. Her order does not block the state from opening similar investigations at this time — however, Meachum also announced that she would hold a hearing next week on whether Abbott’s entire order should be blocked as well.

    In her decision, Meachum wrote that the parents and their child who were targeted as a result of Abbott’s order “face the imminent and ongoing deprivation of their constitutional rights, the potential loss of necessary medical care, and the stigma attached to being the subject of an unfounded child abuse investigation.”

    In addition to the potential for Meachum to block the enforcement of Abbott’s order, the federal government may step in to protect the civil rights of transgender youth in the state. On Wednesday, Health and Human Services Secretary Xavier Becerra released guidance from his department saying that “refusing to provide treatment to an individual based on their gender identity is prohibited discrimination.”

    “Similarly, federally-funded covered entities restricting an individual’s ability to receive medically necessary care, including gender-affirming care, from their health care provider solely on the basis of their sex assigned at birth or gender identity likely violates” federal law, Becerra added.

    Experts have definitively concluded that providing transgender and nonbinary children with gender-affirming care doesn’t constitute abuse of any kind – in fact, such treatment is beneficial and can even be life-saving. Transgender and gender diverse children “who have access to gender-affirming medical care experience improvements in mental health and often show mental health comparable to their cisgender peers,” a recent analysis of multiple studies noted.

    A number of health organizations — including the American Academy of Family Physicians, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the American College of Physicians, the American Osteopathic Association, and the American Psychiatric Association — have signed a joint statement condemning Abbott’s and other Republican lawmakers’ attempts to restrict care for transgender children.

    “All patients must have access to evidence-based health care, regardless of their gender identity or sexual orientation,” that statement read. “Our organizations will not stand for any efforts that discriminate against transgender and gender-diverse individuals and cause harm to their health and well-being. We will continue to advocate to ensure their health needs are met and supported, not put in danger.”

    This post was originally published on Latest – Truthout.

  • In our work through Friendship of Women Inc., we connect every day with women in Cameron County who need help dealing with domestic abuse. We strive to support these women and their families, as well as to educate government officials about the facts and realities of domestic violence based on research.

    Melissa Lucio, who faces execution in Texas on April 27, is a survivor of child sexual abuse and relentless domestic abuse. She never received the help she needed. Melissa’s case illustrates the vital role played by organizations like ours; if only someone had referred her to outreach agencies or we had known about her situation when there was still an opportunity to help, we doubt she would be on death row today.

    From what we have learned about Melissa’s case, the evidence is overwhelming that her young daughter’s death was a tragic accident, the result of a fall down the stairs, not a crime. Melissa is a victim, not a murderer. Melissa has not properly grieved the loss of her child.

    Melissa had multiple childhood adversities that led to cumulative traumas throughout her life. Her stepfather and uncle began raping her when she was just 6 years old. She became a child bride at 16 to escape the terrors of home, but the marriage was no refuge. Her husband abused her for many years, had his own addiction problem, and dealt drugs. After he abandoned her with five small children, her next partner was no different, the abuse continued both physically and emotionally. By the time she was 35, Melissa was struggling with abuse, mental illness, addiction and poverty. She had given birth to 12 children and suffered multiple miscarriages.

    While law enforcement and child protective services were often contacted because of the violence inflicted by Melissa’s partners, Melissa never received the support or treatment she needed. Multiple systems failed her and her family. At times the family was homeless or living in deplorable conditions. And yet, thousands of pages of Child Protective Services Records show that Melissa’s 12 children never said that she was violent with them.

    The state of Texas has continued the cycle of victimization by wrongfully convicting Melissa of capital murder and sentencing her to death. Melissa’s conviction turned on a so-called confession that was obtained after a lengthy and coercive interrogation. Melissa repeatedly told the officers that she did not kill her daughter, but they continued to threaten her, using techniques that are notorious for producing false confessions, particularly when applied to a trauma survivor like Melissa. Eventually, she acquiesced, saying “I guess I did it.”

    What happened to Melissa Lucio is distressingly common. According to the Innocence Project and the Innocence Network, a substantial percentage of women who have been wrongfully convicted of killing a child were coerced into falsely confessing. Of the 67 women listed on the National Registry of Exonerations who were exonerated after a murder conviction, more than a quarter involved false confessions, and nearly a third involved child victims.

    “Melissa repeatedly told the officers that she did not kill her daughter.”

    Moreover, in the nearly 15 years since Melissa was arrested and interrogated, research on domestic violence has evolved considerably. We have little doubt that Melissa’s case would be handled differently today based on current literature showing how domestic abuse survivors use coping skills.

    In fact, even at the time of Melissa’s trial, a psychologist was available to explain to the jury why Melissa’s history of abuse made her vulnerable to the officers” interrogation tactics, but the trial court refused to admit the testimony. In 2019, a unanimous three-judge panel of the Fifth Circuit U.S. Court of Appeals ruled that Melissa should get a new trial because she was denied the opportunity to present a defense. They recognized that providing an explanation for her incriminating statements during the interrogation would have been the most significant evidence in the case, given the absence of any physical evidence or witness testimony establishing that Melissa had abused any of her children, let alone killed her toddler. When Texas appealed, the en banc Fifth Circuit — split 10 to 7 – overturned that decision. Incredibly, three of the 10 judges in the majority said the exclusion of the psychologist’s testimony was “the key evidentiary ruling in the case,” and Melissa’s case was “a clear example that justice to a defendant” is not available under today’s procedures.

    It would be unconscionable for Melissa to be executed despite the significant evidence that her child’s death was not a crime, and she was denied the right to present a defense. At the very least, Melissa’s case should be reexamined in light of our current understanding of domestic violence. We hope that the Cameron County district attorney will reconsider and withdraw Melissa’s execution date, or that a court will intervene.

    Gloria Ocampo is executive director and CEO of Friendship of Women Inc., in Brownsville, Nora Montalvo-Liendo, an associate professor at Texas A&M University and conducts research on violence against women. 

    Published in Brownsville Herald on Feb. 10, 2022

    The post Friendship of Women Leaders Op-Ed in Texas Brownsville Herald: Do Not Execution Lucio appeared first on Innocence Project.

    This post was originally published on Innocence Project.

  • Greg Casar declares victory in the Democratic primary election for 35th Congressional District during his watch party at Native Hostel on March 1, 2022, in Austin, Texas.

    Greg Casar, a progressive Democratic candidate running in Texas’s 35th congressional district, cruised to an easy victory in his primary election on Tuesday, defeating three other candidates and attaining a victory margin well over the 50 percent threshold needed to advance to the general election.

    Casar secured 61.2 percent of the vote, or 25,313 ballots out of 41,330 that were cast. That percentage was well beyond the tally of the primary candidate who came in second place, Eddie Rodriguez, who only received 15.6 percent of the vote.

    It’s unclear who Casar will face in the general election come November — in the Republican primary, no candidate could attain a 50 percent margin, so that race will require a run-off to determine who Casar will be up against. But the district is decidedly progressive — one of the most progressive, in fact, in the state of Texas — which means Casar is all but certain to become the next congressional representative for the district.

    “Tonight we won, but it wasn’t about me. This election was about us, the power of the people and the power of our movement,” Casar, a Democratic socialist, said in his victory speech. “Let’s celebrate the progressive movement in Texas.”

    Pedro Lira, who serves as co-director of the Texas Working Families Party, lauded Casar’s win.

    “Greg Casar shows up for working people, and they showed up for him,” Lira said in a statement. “This victory is a result of the work he put in as a public servant. We were with Greg from day one, and look forward to working with him to make America work for all of us.”

    Casar has proven himself to be a progressive lawmaker with an eye for institutional changes. As a member of the Austin city council since 2014, he and his colleagues made cuts to the police budget and used those funds to purchase housing for individuals experiencing homelessness. The council also established an independent forensics lab that works separately from the police department.

    “There were not that many cities that actually responded to the call to transform police budgets,” Casar said to Truthout in 2021, “and in those like Austin that did step up to that call in a significant way, we can now start showing the community the results.”

    During his campaign, Casar received support from many prominent progressives, including from Rep. Alexandria Ocasio-Cortez (D-New York), who campaigned for him and other candidates in Texas last month. The New York Democrat explained to rally-goers at the time that it was important to send candidates who care about voters’ needs, like Casar, to Congress.

    “If we send a Democrat who doesn’t give a damn about people, why would we expect people to vote for that person? How can we win when we don’t stand for anything? We have to stand for something in order to bring it home,” Ocasio-Cortez said at the time.

    Another candidate Ocasio-Cortez endorsed in Texas, Jessica Cisneros, who ran in the 28th congressional district primary, did not fare as well as Casar but will advance to a run-off election against incumbent Democratic Rep. Henry Cuellar. That race was extremely tight, and will likely be watched closely when the two go head-to-head in the run-off race in May.

    This post was originally published on Latest – Truthout.

  • Greg Abbott

    The Texas Department of Family and Protective Services (DFPS) has received at least three reports alleging abuse or neglect based on gender-affirming care for minors, agency spokesperson Marissa Gonzales told The 19th in response to a records request.

    The reports came after Attorney General Ken Paxton issued a nonbinding legal opinion February 18 saying that transgender medical care for minors, such as puberty blockers and hormone treatment, is child abuse, and Gov. Greg Abbott told DFPS to investigate parents of trans children. Abbott also directed other state agencies to investigate licensed medical facilities prescribing gender-affirming treatment for trans youth, saying that doctors, nurses and teachers should report instances of trans kids receiving such care.

    The American Civil Liberties Union and Lambda Legal on Tuesday filed a lawsuit against Abbott and the state’s child welfare agency to halt investigations into parents seeking gender-affirming care for their children.

    The lawsuit was filed on behalf of a DFPS employee with a 16-year-old transgender daughter, the ACLU said in a news release. The family alleges in the lawsuit that an investigator arrived at their home last Friday to interview the family and that the investigator asked for the teen’s medical records.

    DFPS had already received at least three reports alleging abuse or neglect based on gender-affirming care for minors. The agency declined to comment on those reports further, as well as on the ACLU and Lambda Legal lawsuit, and has not yet responded to additional records requests.

    Ian Pittman, a Texas-based family attorney, said he was representing two families being investigated by DFPS and knew of at least three others in the state.

      “One of my clients who I was actually in the investigation with was crying uncontrollably because she is living every parent’s worst nightmare: that the state is somehow going to put themselves between them and their child for being a normal, good parent,” Pittman said.

      In the medical community, gender-affirming care for kids is not controversial. Every major medical association including the American Medical Association, the American Psychological Association and the American Academy of Pediatrics backs gender-affirming care, citing studies that such care reduces suicidality and depression in youth.

      Multiple parents of trans children told The 19th they had started gathering testimony from friends and family in case they were sued. Parents, many of whom had spoken to media in recent weeks, declined to be interviewed by The 19th, citing fears that doing so would draw attention to them. A mother sobbed on the phone as she reiterated that she was unable to talk.

      “It’s as bad as it’s ever been,” said Angela Hale, a spokesperson for Equality Texas. “We have fended all of this off for a decade.”

      Hale said Child Protective Services has been arriving at the homes and schools of a handful of transgender children across the state.

      Shannon Minter, legal director of the National Center for Lesbian Rights (NCLR) who has been representing LGBTQ+ rights cases for nearly 30 years, told The 19th that families of trans kids in Texas should find an attorney who is ready to represent them.

      “Do not wait until you’re investigated or you learn that you are being investigated,” he said. He encouraged families to call the NCLR helpline or reach out to Lambda Legal or the ACLU of Texas. Minter also advised parents to tell their children that if they are approached by a state official at school who wants to talk to them about being transgender, the student can say they are not comfortable having that conversation without their parents around.

      District attorneys representing five populous Texas counties — Dallas, Travis, Bexar, Nueces and Fort Bend — announced last week that they would not enforce Paxton’s legal interpretation or interfere with families pursuing gender-affirming care for their children. The American Academy of Pediatrics and the Texas Pediatric Society also came out in strong opposition to Paxton’s announcement.

      Minter, who grew up as a trans kid in East Texas and still lives in the area, said Paxton’s legal opinion and Abbott’s directive for DFPS to enforce it are “the worst anti-LGBTQ thing I have seen in my career.”

      He is concerned that the order could worsen feelings of hopelessness and suicidality among trans youth, who already face dispropriate rates of suicide, anxiety and depression compared with their peers. As of last week, trans youth and their families had already begun reaching out to the Trevor Project, an LGBTQ+ youth suicide prevention organization, to understand what the directive means for them, CEO Amit Paley said in a statement.

      Adri Pérez, policy and advocacy strategist at the ACLU of Texas, said they are worried about transgender youth in the state being taken out of supportive and loving homes.

      “I’m worried that the Department of Family and Protective Services is going to cause irreparable harm to trans families across Texas by exploiting their lack of familiarity with the system,” they said.

      The state legislature rejected a bill that would criminalize gender-affirming care for youth last year and federal protections for trans Americans would likely supersede the Texas opinion.

      Tuesday is primary day in Texas, and both Paxton and Abbott are up for reelection. Abbott has been polling comfortably ahead of challengers, but Paxton, who has been accused by former employees of abuse of office and also has been charged with securities fraud, is facing multiple challengers in a race that appears likely to go to a runoff. Advocates saw the February opinion from Paxton as aimed at energizing his supporters.

      Now, advocates are watching to see if the Biden administration will intervene.

      This post was originally published on Latest – Truthout.

    • Lawsuit filed after state’s governor and attorney general called medically necessary gender-affirming care ‘child abuse’

      America’s largest civil rights non-profit has filed a lawsuit asking a Texas state court to block officials from investigating parents who seek medically necessary gender-affirming care for their children.

      The lawsuit, filed on Tuesday by the American Civil Liberties Union (ACLU), ACLU of Texas and Lambda Legal, named the Republican governor, Greg Abbott, as a defendant, along with the Texas department of family and protective services (DFPS) and its commissioner, Jaime Masters.

      Continue reading…

      This post was originally published on Human rights | The Guardian.

    • Texas Gov. Greg Abbott speaks during a campaign event on February 23, 2022, in Houston, Texas.

      A lawsuit filed on behalf of a transgender girl living in Texas reveals that officials in the state have already begun the process of investigating families that are providing their children with gender-affirming care.

      Last week, Gov. Greg Abbott (R-Texas) issued an order directing the Department of Family and Protective Services (DFPS) to “conduct prompt and thorough investigations of any reported instances of Texas children being subjected to abusive gender-transitioning procedures.” The order came days after Texas Attorney General Ken Paxton (R) filed a legal opinion which incorrectly claimed that gender-affirming “procedures and treatments…when performed on children, can legally constitute child abuse.”

      The opinions held by Paxton and Abbott fly in the face of medical and psychological research on the subject. Several studies have shown that gender-affirming treatments can be beneficial and even lifes-saving for transgender and nonbinary children.

      Transgender and gender diverse children “who have access to gender-affirming medical care experience improvements in mental health and often show mental health comparable to their cisgender peers,” one analysis of multiple studies concluded.

      Abbott’s and Paxton’s line of thinking also contradicts what the American Academy of Pediatrics (AAP) has said on the issue.

      “The American Academy of Pediatrics recommends that youth who identify as transgender have access to comprehensive, gender-affirming, and developmentally appropriate health care that is provided in a safe and inclusive clinical space,” the organization wrote in March of 2021.

      Bills that limit such care, the AAP added, “allow policymakers rather than pediatricians to determine the best course of care for our patients.”

      The lawsuit filed by the parents of a transgender child in Texas notes that the state has already begun investigations into families’ personal lives. State officials within DFPS investigated the family of one of its own employees, the lawsuit says; that employee was placed on administrative leave last week.

      Investigators came to the worker’s home on Friday and demanded the medical records of the child (named as Mary Doe in the lawsuit). The child’s parents (named as John and Jane Doe) refused to hand them over.

      According to the lawsuit, investigators have only alleged one item against the family: that Mary Doe “may have been provided with medically necessary gender-affirming health care and is ‘currently transitioning from male to female.’”

      The suit also contends that the actions of the governor and the attorney general have had a negative impact on Mary Doe’s well-being.

      DFPS’s investigation “has caused a significant amount of stress, anxiety, and fear for the Doe family,” the lawsuit says, adding:

      Mary has been traumatized by the prospect that she could be separated from her parents and could lose access to the medical treatment that has enabled her to thrive. The stress has taken a noticeable toll on her, and her parents have observed how their daughter who is typically joyful and happy, is now moodier, stressed, and overwhelmed.

      Abbott’s campaign against allowing transgender or nonbinary children from being able to access care would have serious consequences. Chase Strangio, a lawyer and trans activist based in New York, has suggested that far right attacks on gender-affirming care essentially amount to fearmongering.

      “The majority of care prescribed to minors is nonsurgical, and no medical care is provided at all prior to puberty,” Strangio wrote for Truthout in December. “When care is provided, sometimes in the form of medication to delay puberty or gender-affirming hormones to initiate puberty consistent with gender identity, it is done to alleviate severe symptoms of distress.”

      Such care can be life-saving, Strangio added.

      “Gender-affirming health care saved my life, and I will never stop fighting back against those who are seeking to take it away from our community,” he said.

      This post was originally published on Latest – Truthout.

    • Texas Attorney General Ken Paxton holds a joint press conference on February 18, 2015, with Texas Gov. Greg Abbott.

      On a September evening in 2016, Texas Attorney General Ken Paxton and his wife, Angela, arrived at Amber Briggle’s door in Dallas, homemade dessert in hand. The couple had driven from the next county over for dinner.

      Briggle was nervous. It’s hard to hate up close, she told herself. But earlier that year, a federal judge had sided with the state’s request under Paxton’s leadership to block a federal mandate allowing transgender students like Briggle’s son to use the bathroom that matched their gender.

      A local reporter had sought out Briggle for her response to the ruling. Before leaving, the reporter asked Briggle if she had any questions for Paxton. She had just one: Would the “Paxtons come to dinner and meet her transgender 8-year-old,” she asked. To her surprise, they accepted.

      “He literally went into a bathroom with my transgender son so they could wash their hands before dinner,” Briggle recalled. “He turns around and looks and says, ‘This is nice. It’s been a while since I had kids this age.’”

      As Paxton was leaving, Briggle asked him to do more to support trans kids, she said. The attorney general shrugged. He didn’t make the laws, he told her. It wasn’t up to him.

      Briggle has been reliving this dinner over and over in recent days. On February 18, Paxton, who this year faces a tough reelection, issued a legal interpretation that labels certain types of gender-affirming care for trans kids child abuse. He was backed up by Republican Gov. Greg Abbott on Wednesday. It’s unclear what these moves mean, and experts on trans issues say that no laws in Texas or other states have characterized such medical care as abuse. While it seems unlikely that transgender children will be removed from their parents, parents do worry the move sends a clear message that trans kids are unwelcome in Texas

      “He sits at the table, breaks bread with my children, with my family, in my loving, nonviolent, drug-free, safe and stable home, and then says that families like mine should not exist,” Briggle said. “It’s shameful.”

      Paxton’s interpretation is nonbinding. As he told Briggle, attorneys general don’t have the authority to make laws. Last year the state legislature declined to pass Senate Bill 1646, which would have classified gender-affirming care as child abuse. In a statement, Paxton said Texas law already supports his position. Paxton argues that children cannot legally consent to sterilization, a stance that perhaps confuses the science behind reversible puberty blockers, which pause puberty until they can reach an age when they are able to make more permanent medical decisions.

      “There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted,” Paxton said. “The Texas Department of Family and Protective Services has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.”

      Paxton’s office did not respond to a request for comment from The 19th.

      Adri Pérez, policy and advocacy strategist at the ACLU of Texas, disagrees with Paxton’s interpretation of the law.

      “As of today, there’s no court in Texas or the entire country that has ever found that gender-affirming care can constitute child abuse,” Pérez said.

      Perez and other LGBTQ+ advocates are doubtful that the opinion can withstand a legal challenge. The real risk, they say, is that Paxton’s sentiments can fuel anti-transgender sentiment in the country, particularly aimed at youth.

      LGBTQ+ advocates say Paxton is playing politics with transgender kids and their families. Ahead of a crowded Republican primary on Tuesday, Paxton is facing securities fraud charges and a federal investigation over bribery and abuse of office. If no candidate clears 50 percent of the vote, which polling indicates is possible, the race will go to a runoff in May.

      Emmett Schelling, executive director of the Transgender Education Network of Texas, said he worries that the letter will send a message to trans youth that they are unwelcome in Texas.

      “Unfortunately, what we’re seeing is a voracious political appetite really doubling down on how much they’re willing to hurt trans kids in the state for the sake of their campaigning,” Schelling said.

      Abbott, who is also up for reelection but is expected to avoid a runoff, has vowed to enforce the opinion and investigate doctors and parents who connect kids to gender-affirming care. It’s unclear how far Abbott will get in enforcing the opinion, given the lack of approval from the legislature as well as federal health care protections that cover transgender people.

      Paxton’s 13-page opinion runs contrary to years of medical research and practice on transgender health. The American Medical Association, the American Psychological Association and the American Academy of Pediatrics back gender-affirming care for minors. Studies have shown that trans youth who get that care are less likely to show signs of depression and suicidality. A 2020 study published in the journal Pediatrics found that trans adults who had been given puberty blockers as kids were 15 percent less likely to have suicidal thoughts.

      Trans children’s rights have been repeatedly targeted in state legislatures in recent sessions. Ten states have passed laws that ban transgender kids from playing sports in the last two years, and Arkansas passed a bill that prevents trans youth from accessing recommended medical care. The Arkansas bill has been temporarily blocked by a federal court.

      Texas has been ground zero in the fight over trans kids’ rights. According to Pérez, the legislature considered 50 anti-transgender bills in 2021 alone. Eleven of those bills would have criminalized parents for getting their kids gender-affirming medical care. Texas passed just one anti-trans bill, a ban on transgender youth participation in sports.

      Schelling says policy, politics and strategy do matter. “But at the end of the day, the thing that is important to me is that for my people​​ — children and adults — this is extraordinarily serious, and I don’t think people understand that.”

      Meanwhile, Briggle has been watching uncomfortably as families like hers panic. Parents are saying they are preparing to leave the state, she said.

      “He’s just sowing more confusion, and it’s hurting parents,” Briggle said. Parents are confused: “Are their kids gonna get taken from them or not?”

      This post was originally published on Latest – Truthout.

    • Two key members of Ms. Lucio’ s original defense team are now working for the Judge overseeing her case and the District Attorney seeking to have her executed

      (Brownsville, Texas) Attorneys for Melissa Lucio today filed two separate motions to remove Judge Gabriela Garcia, who is assigned to Ms. Lucio’s case, and District Attorney Luis Saenz because two key members of Ms. Lucio’s original defense team now work for them. Assistant District Attorney Peter Gilman and Judge Garcia’s court administrator, Irma Gilman, previously represented Ms. Lucio at her 2008 trial. 

      As her prior defense team, Mr. Gilman and Mrs. Gilman owe Ms. Lucio a continuing duty to cooperate with her current counsel, according to today’s filings in the 138th Judicial District Court of Cameron County. (Judge Motion at pp. 1-2. )(D.A. Motion at pp. 11-13.) Ms. Lucio, who is  scheduled for execution on April 27, 2022, was wrongfully convicted and sentenced to death for the accidental death of her two-year-old daughter, Mariah. 

      “Judge Garcia’s and D.A. Saenz’s roles in this case have the effect of obstructing Melissa Lucio’s access to evidence. As Ms. Lucio’s defense team at trial, Peter Gilman and Irma Gilman have a duty to cooperate with Ms. Lucio’s current counsel. But as long as D.A. Saenz is on the case, Peter Gilman’s conflict of interest prevents him from cooperating with Ms. Lucio’s current attorneys. And as long as Judge Garcia is on the case, Irma Gilman can’t cooperate with Ms. Lucio’s counsel because it would be a prohibited ex parte communication,” said Tivon Schardl, Chief of the Capital Habeas Unit of the Federal Defender for the Western District of Texas, and Melissa Lucio’s attorney.

      “Texas law automatically disqualifies Judge Garcia and D.A. Saenz. And both circumstances constitute due process violations under the 14th Amendment,” Schardl added.

      Melissa Lucio’s Motion to Disqualify or Recuse Judge Gabriela Garcia can be viewed here.

      Melissa Lucio’s Motion to Disqualify the Cameron County District Attorney can be viewed here: here.

      Ms. Lucio’s Motion to Disqualify or Recuse Judge Garcia states that Judge Garcia’s court administrator, Irma Gilman, worked on Ms. Lucio’s defense when she was a paralegal for Ms. Lucio’s lead trial counsel, Peter Gilman, her husband. (Judge Motion at p. 1.) The motion states that Mrs. Gilman necessarily learned confidential information while working as Mr. Gilman’s paralegal and that information, under Texas law, is imputed to Judge Garcia. (Judge Motion at p. 1.)

      “Judge Garcia’s and D.A. Saenz’s roles in this case have the effect of obstructing Melissa Lucio’s access to evidence.”

      Among other issues, the motion states, “Mrs. Gilman’s work on Ms. Lucio’s defense made her familiar with the files of defense counsel in Ms. Lucio’s trial. That knowledge makes Mrs. Gilman an important witness for Ms. Lucio as she investigates and presents grounds” for further litigation. (Judge Motion at p. 2.) If Ms. Lucio’s Motion to Disqualify or Recuse the Judge is granted, the judge will void the warrant for Ms. Lucio’s execution. (Judge Motion at pp. 7-8.)

      In a separate motion, Ms. Lucio moves to disqualify District Attorney Saenz on the ground that Peter Gilman, who was Ms. Lucio’s lead defense attorney at her trial, now works for the District Attorney and has since 2009. Mr. Gilman’s dual role as an assistant district attorney and predecessor counsel for Ms. Lucio disqualifies the Cameron County District Attorney’s Office. (D.A. Motion at p. 4.)

      The Motion to Disqualify the Cameron County District Attorney quotes the Texas Court of Criminal Appeals, “’If a prosecuting attorney has formerly represented the defendant in the ‘same’ criminal matter as that currently being prosecuted, he is statutorily disqualified.’ This has been called the ‘hard and fast rule of disqualification’ because when [an attorney] switches sides ‘in the same criminal case [there] is an actual conflict of interest [that] constitutes a due-process violation, even without a specific showing of prejudice.’” (D.A. Motion at p. 4.)(citations omitted.)

      ’If a prosecuting attorney has formerly represented the defendant in the ‘same’ criminal matter as that currently being prosecuted, he is statutorily disqualified.’

      The rules of legal ethics also impose on Mr. Gilman a duty to cooperate with Ms. Lucio’s new counsel, which includes reviewing Mr. Gilman’s files to determine whether the D.A.’s office violated Ms. Lucio’s right to a fair trial by suppressing evidence of her innocence. Mr. Gilman has a conflict of interest because his current boss, D.A. Saenz, has pursued a policy of non-cooperation with Ms. Lucio’s current counsel. (D.A. Motion at pp. 11-13.)

      On February 8, 2022, Ms. Lucio filed a motion, which is still pending, to withdraw her execution date because she is innocent, among other grounds. Ms. Lucio, a Mexican-American from the Rio Grande Valley, is on death row despite forensic and eyewitness evidence that her daughter died from a head injury after a fall. Mariah’s death was a tragic accident, not a murder.

      At the time of her arrest, Ms. Lucio had no record of violence. Thousands of pages of protective service records and recorded interviews with her children show that Ms. Lucio was not abusive.

      Hours after her daughter died, and while pregnant with twins, Ms. Lucio was subjected to a five-hour, late-night, carefully orchestrated, and aggressive interrogation until, physically and emotionally exhausted, she agreed to say, “I guess I did it.”

      Lacking any solid physical evidence or eyewitnesses, the prior District Attorney, Armando Villalobos, characterized Ms. Lucio’s acquiescence as a “confession” and prosecuted her for capital murder. D.A. Villalobos, who initially hired Peter Gilman, was corrupt: he is now serving a 13-year federal prison sentence for bribery and extortion, according to the U.S. Department of Justice.

      Ms. Lucio suffered a lifetime of sexual abuse, starting at just six years old, and domestic violence, which made her especially vulnerable to the intimidating, coercive, and psychological interrogation tactics that resulted in a false confession. Of the 67 women listed on the National Registry of Exonerations who were exonerated after a murder conviction, over one quarter (17/67) involved false confessions and nearly one third (20/67) involved child victims.

      The post FILING: Texas Law Requires the Removal of Judge Garcia and District Attorney Saenz from Melissa Lucio’s Case appeared first on Innocence Project.

      This post was originally published on Innocence Project.

    • Former President Donald speaks to a crowd a rally at the Montgomery County Fairgrounds on January 29, 2022, in Conroe, Texas.

      Just 13 of the 143 Texas Republicans running for Congress acknowledge that the results of the 2020 election are “legitimate,” according to a survey.

      Hearst Newspapers sent questions about the election to all 143 candidates and only a baker’s dozen accepted the results of the election despite repeated recounts, audits and court cases that have found no evidence of any fraud or election-rigging that could have impacted the results, according to the Houston Chronicle.

      At least 42 of the candidates claimed that the election was stolen outright, called the results illegitimate or said they would have voted not to certify the results after the Jan. 6 Capitol riot. Another 11 candidates falsely claimed that there was enough fraud or irregularities to raise doubts about the election results. Another 19 have listed election fraud and irregularities as a key issue, without taking a stance on whether the 2020 results were legitimate.

      “We’ve seen across the board, the Democrats have always cheated,” Jonathan Hullihan, a former Navy lawyer running for the seat of retiring Rep. Kevin Brady, R-Texas, said at a recent candidate forum without any evidence. “Eighty-one million votes for Joe Biden? I just don’t believe it.”

      Two of the candidates participated in the storming of the Capitol. Alma Arredondo-Lynch, who is challenging freshman Rep. Tony Gonzales, R-Texas, bragged that she had an “exciting and unforgettable” time at the protest outside the Capitol, blaming the pro-Trump violence on antifa and Black Lives Matter with no evidence. Sam Montoya, a former staffer at Alex Jones’ Infowars running in the state’s 35th congressional district, was arrested after filming himself and others invading the Capitol and has pleaded not guilty.

      Even some Republicans who have acknowledged that President Joe Biden’s win was legitimate raised questions about the election.

      “There are a lot of questions and issues regarding the 2020 election that need to be resolved and that are still being looked into, but there is not enough evidence to suggest that the election was stolen or that he is illegitimate,” Greg Thorne, who said he would have certified the election, unlike incumbent opponent Rep. Troy Nehls, R-Texas, told the Chronicle.

      The 2020 election has become a key litmus test in Republican primaries as voters continue to be bombarded with false claims of fraud stemming from Donald Trump’s unending propaganda campaign to deny his loss. Trump’s Justice Department and Texas Attorney General Ken Paxton’s “Election Fraud Unit” all found no evidence to support any of the widespread fraud claims.

      Two-thirds of Texas Republican voters believe Biden’s win was illegitimate, according to a recent poll from the University of Texas at Austin, compared to just 22% who accept the election results. Nationwide, just 21% of Republicans believe Biden’s win was legitimate, according to a December poll from the University of Massachusetts at Amherst.

      “The belief in widespread voter fraud is becoming the article of faith among Republicans,” Joshua Blank, research director for the Texas Politics Project at UT Austin, told the Chronicle.

      Blank said candidates’ position on this question is a signal to voters of their fealty to Trump.

      “Is there any daylight between you and the former president?” he said. “It’s not necessarily about voting per se, but the extent to which these candidates can present themselves as on the president’s team.”

      Though political candidates are notorious for playing fast and loose with the facts, candidates echoing repeatedly debunked lies about the election is a fairly new phenomenon. The Trump administration’s top cybersecurity officials called the 2020 race “the most secure in American history.” Republican Texas Secretary of State Ruth Hughs said the election in the state was “smooth and secure,” which appeared to have led Republican state lawmakers to block her confirmation.

      It’s not just Texas: Hundreds of Republicans who deny or cast doubt on the election results are running for Congress nationwide. Perhaps more alarmingly, more than 80 election deniers are running to run, oversee or protect elections in their states and even more are seeking to take over local election jobs.

      Many Republican state lawmakers have also gone all-in on Trump’s Big Lie with legislation aimed at restricting ballot access in the wake of record turnout in the 2020 race. Republicans last year enacted 34 new voting laws in 19 states, according to the Brennan Center for Justice, and have already introduced at least 250 new voting bills this year.

      Texas’ sweeping new voting law, which restricts numerous forms of voting, has already become a nightmare for election administrators with primary voting underway. The state’s new voter ID requirements have caused some counties to reject nearly half of mail-in ballot applications and mail ballots.

      In Harris County, which includes Houston, election officials have been forced to reject about 40% of applications and ballots, said Harris County Judge Lina Hidalgo. “We have the receipts,” she tweeted.

      In Travis County, which includes Austin, officials have also had to deal with a big increase in rejections.

      “Voters are being mistreated,” County Clerk Dana DeBeauvoir said last month. “My friends, this is what voter suppression looks like.”

      This post was originally published on Latest – Truthout.

    • Workers install a new row of Bitcoin mining machines at the Whinstone U.S. Bitcoin mining facility in Rockdale, Texas, on October 9, 2021.

      Texas dodged a bullet earlier this month when its statewide power grid, operated by the Electric Reliability Council of Texas (ERCOT), held up during a drop in temperatures. But that’s not because state leaders, particularly Republican Gov. Greg Abbott, learned anything from last year’s horrific storm.

      As Truthout’s Candice Bernd reported last week, not only did 70,000 Texans still experience power and utility services outages during the recent cold snap, but fracked gas production also saw its biggest dip in production since the February 2021 grid failure, revealing the industry’s continued vulnerability to extreme weather.

      Last year, Winter Storm Uri blanketed the entire state with freezing temperatures and snow for several days, causing record energy demand. This forced ERCOT to tell energy providers to cut power as they tried to avoid a total collapse of the energy system. Nearly 5 million people lost power and at least 246 died as a result of the storm.

      The latest freeze was a more typical Texas cold front. Local power outages were caused mainly by downed power lines due to trees and ice. Still, Abbott is claiming that the system is more reliable and resilient than it’s ever been.

      Experts disagree. “The thing about [this month’s freeze] is, we passed the test, but it was also a really easy test, and we didn’t pass it with perfect scores,” Michael Webber, Josey Centennial Professor in Energy Resources at the University of Texas, told Truthout’s Bernd. “There’s a lot of people who had problems with their power, and there was still the gas production drop, so I think we shouldn’t take away too much false confidence that we’re all good now.”

      Texas’s energy system is controlled by a complex mix of public and private actors, including the nonprofit ERCOT, oil and gas companies, the Texas Railroad Commission, and others. The details don’t matter as much as what makes the state’s system unique: It’s independent; not connected to the country’s two other national grids, the Western Interconnection and the Eastern Interconnection; and not subject to federal oversight.

      This has allowed it to become one of the country’s most marketized systems, according to Johanna Bozuwa, director of the Climate and Community Project. It’s heavily deregulated, designed to allow for intense competition in the retail sale of electricity. As one portfolio manager at a financial firm put it, it’s a “Wild West market design based only on short-run prices.”

      Bozuwa wrote in the aftermath of last year’s storm, “There is no requirement for [energy] companies to make long-term investments into the health and safety of Texas’s grid or build in energy redundancies in case one source of energy fails.”

      And therein lies the problem. Texans are at risk every winter because they don’t really control their state’s energy system. It’s as simple as that.

      As I explain in The Privatization of Everything, a new book I coauthored with Allen Mikaelian, privatization is more than just outsourcing public services like trash collection to private contractors (though that in itself often leads to poor outcomes for everyone but the contractor). Privatization is ultimately a transfer of power over our own destiny, as individuals and as a nation, to unelected, unaccountable, and inscrutable corporations and their executives.

      What Chicago did during the Great Recession is a glaring example. Out of financial desperation, the city took an offer from private investors, including the Wall Street bank Morgan Stanley and a Middle Eastern sovereign wealth fund, to lease out its downtown parking meters for 75 years. In return, the investors paid a lump sum of $1.16 billion. Yet, the city soon realized that it had leased the meters at least $1 billion under their actual value. Worst of all, the contract forces Chicago to pay the investors if the city makes changes that lower parking revenue, such as replacing parking spaces with bike or dedicated bus lanes. According to Chicago-area transportation planners interviewed by sociologist Stephanie Farmer, this is tying their hands in efforts to build environmentally sustainable modes of transportation — and will continue to do so for 60 more years.

      Another example: When the pandemic hit, some universities that had hired corporations to finance, build and manage dormitories learned the hard way about the inflexibility of the contracts they had signed. Corvias, a multinational financial firm, sent letters to both Wayne State University and University System of Georgia, warning them about restricting the number of students allowed in dorms to limit the spread of the virus. The letters stated that the universities did not have the “unilateral right” to institute a policy that would limit the number of students or reduce housing fees due to a shortened semester.

      In other words, privatization embeds private interests into the public things that matter most, like the schools that teach us and our children, the public transportation we rely on to get around, and the energy that powers our homes and businesses. These private interests have different goals than the public. Social responsibility and preventing negative externalities are priorities only when they improve profits.

      That’s why we must insist that, in a democratic society, we get to decide that some things should be free of private interests. We, together, get to decide that some things — like water, housing, electricity — are equally available to all. We get to decide to make certain things public things.

      Until Texas takes public control of its power system, the risk of being knocked out by another heavyweight punch is all but guaranteed to remain. Unfortunately, its leaders seem to be headed in the opposite direction. Governor Abbott has been aggressively luring cryptocurrency-mining companies to the state, arguing that they will somehow encourage energy providers to build more capacity.

      Yet, crypto mining is an extremely energy intensive industry. As The New Yorker reported, “Crypto-mining facilities in Texas already consume enough electricity to power several cities. By 2023, it is estimated that ERCOT will account for twenty per cent of the global bitcoin network, and, by the end of that year, the state’s crypto-mining facilities’ power demands may have increased by as much as fivefold.”

      It’s clear that Texas’s “free market”-obsessed leaders are irrationally and destructively doing the same thing over and over again and expecting a different result.

      But there is hope — for energy democracy and stopping our climate crisis. Communities across the country are waking up to the dangers of privatized power and organizing to take control of their energy systems. Coalitions like We Power DC, Public Power NY and Our Power Maine are fighting for clean, affordable and equitable energy for all. The United Mine Workers of America recently broke with West Virginia’s Joe Manchin after the senator opposed climate legislation providing a path for coal workers into the renewable sector. As Olúfẹ́mi O. Táíwò recently wrote, “The climate crisis is already here, and its impacts are accelerating. Our choice is in how to confront it, and whom to put in the driver’s seat.”

      This post was originally published on Latest – Truthout.

    • Voters line up at a polling station to cast their ballots during the presidential primary in Houston, Texas on Super Tuesday, March 3, 2020.

      Early voting for a March 1 primary election opened yesterday in Texas, where civil rights groups are warning the Republican Secretary of State John B. Scott of a “crisis of confidence” among voters as election officials scramble to implement the state’s punitive new election law.

      According to a letter to Scott signed by 30 civil rights groups this week, he squandered precious time “chasing down” former President Donald Trump’s conspiracy theories about the 2020 election results when state officials should have prioritized helping voters and election officials navigate Senate Bill 1, the new restrictions on voting and mail-in ballots that Republicans rammed through the state legislature last year.

      “Altogether, the issues stemming from the passage of anti-voter Senate Bill 1 create multiple deliberate barriers to voting with far-reaching consequences,” said Charlie Bonner, communications director for MOVE Texas Action Fund, in a statement. “These failures have led to mass confusion surrounding our voting processes that continue to undermine trust in our elections.”

      Scott briefly signed onto one Trump’s ill-fated lawsuits that attempted to overturn the 2020 presidential vote in Pennsylvania before Republican Gov. Greg Abbott appointed him to Texas secretary of state last year. For Republicans, Scott is a champion of “election integrity,” a buzzword describing the idea that restrictions on voting are needed to prevent fraud. Despite Trump’s claims, there is no evidence of widespread fraud in 2020 or any other recent election, and critics say Texas Republicans are continuing a longstanding tradition of diluting the voting power of people of color, workers and people with disabilities.

      The uncertainty and confusion hanging over the Texas primaries was underscored late last Friday when a federal judge in San Antonio issued a preliminary injunction blocking enforcement of a portion of the voter restriction law that made it crime for public officials to encourage or “solicit” applications to vote by mail. Plaintiff election officials said the restrictions violated their First Amendment rights and made it difficult to help elderly and disabled people apply for mail-in ballots without potentially committing a criminal offense.

      Scott’s office did not respond to Truthout’s request for comment, but a spokesman told Politico that some county officials have “almost been overly restrictive on themselves.” But the incentive to be “restrictive” is clear: “Unlawfully soliciting” mail-in ballots is now a felony punishable by 180 days in jail and a fine of up to $10,000, according to the Texas Tribune.

      Across the state, officials have complained about rejecting large numbers of mail-in ballot applications due to confusion over the law’s cumbersome new ID requirements. Senate Bill 1 also enhanced criminal penalties and paperwork for people who assist voters, creating hurdles for elderly and disabled voters and the people who care for them.

      Officials have rushed to update forms to alert voters to new rules and penalties ahead of the midterms, and Scott’s office was initially forced to ration voter registration forms after running out of paper due to problems in the supply chain.

      “This was a seismic blunder that threatened many thousands of eligible voters, and which you worked to fix only after a massive public outcry,” the groups wrote in the letter.

      Scott’s office has responded to lawsuits and public outcry by issuing guidance on a rolling basis, but advocates say Scott still has not done enough to educate voters about new rules and procedures for mail-in voting. For example, Scott’s office rolled out a new website for tracking mail-in ballots, but most voters don’t know about it, according to the letter.

      “Unlike Secretary Scott, we have been working directly with voters to provide the support and guidance that they deserve in the wake of the confusion of Senate Bill 1,” said Stephanie Gómez, associate director for Common Cause Texas, in a statement.

      The groups said public confidence in Texas elections was already eroding before Abbott appointed Scott last year. In 2019 and again in 2022, attempts at purging non-citizens from voter rolls have wrongly targeted naturalized citizens and intimidated immigrant voters.

      In 2020, Scott’s predecessor forced election officials in Harris County, which includes most of Houston, to abandon a plan to send mail-in ballot applications to every registered voter due the pandemic, according to civil rights groups. Republican election officials also worked with Abbott to severely limit the number of mail-in ballot drop boxes available to voters shortly before the 2020 election.

      Texas Republicans went on to pass Senate Bill 1, which the Justice Department has challenged in court in defense of elderly and disabled voters. Republicans passed the new penalties for encouraging or “unlawful soliciting” of mail-in votes after a series of legal fights with Democratic election officials in Harris Country and other populous areas over the issue. Mail-in ballots are highly controversial in Republican-led Texas, where high voter turnout in 2020 left Trump with a narrower margin of victory over President Joe Biden than the former president may have expected in a traditionally red state.

      In September, Trump demanded that Abbott pass legislation authorizing a “forensic audit” of ballots in Texas long after state officials declared the 2020 election “smooth and secure.” Within hours of Trump’s request, Scott’s predecessor ordered an audit of the results in the state’s four largest and most diverse counties, including Harris County. Abbott appointed Scott to take over as secretary of state soon after.

      Initial results of the review released last month found few discrepancies, confirming what many observers in Texas already knew: There was no widespread voter fraud in 2020. Voting rights advocate chalk it up to a thinly veiled and hyper-partisan attempt to bolster Republican conspiracy theories about a stolen election that fueled a wave of voter suppression efforts in Texas and other states.

      The civil rights groups say Scott has been vocal about making the election audit his “first and foremost” priority while his office should have been preparing for a primary election with new voting restrictions in place. They say Scott must use the time remaining before the March 1 vote to expand efforts to educate voters about the changes, issue clearer guidance to local officials, and protect voters from intimidation by partisan poll watchers who are empowered to intervene at polling locations under Senate Bill 1.

      “The longer these issues go unaddressed, the more voters [are] impacted, and the more extreme the impacts on our democracy become,” Bonner said.

      This post was originally published on Latest – Truthout.

    • Abortion rights activists rally at the Texas State Capitol on September 11, 2021, in Austin, Texas.

      Texas’s abortion rate fell by 60 percent in the month after the state’s abortion ban was enacted, according to data released last week by the Texas Health and Human Services Commission.

      In August of 2021, providers reported performing about 5,404 induced terminations, or abortions, for Texas residents in the state. After the ban went into effect on the 1st of September, effectively nullifying Roe v. Wade in Texas, providers reported performing only 2,197 abortions that month – about a 60 percent reduction from August’s rate.

      September’s rate is also a sharp reduction from the same time the previous year; in September of 2020, providers reported performing 4,511 abortions, or about two times the number of abortions done in September 2021. This is about on par with what researchers found in October of last year.

      The agency says that it will be releasing more data from 2021 on a monthly basis, though the numbers may not be uniform because enforcement of the ban has wavered; after it went into effect in September, the policy was struck down by courts and reinstated. However, the policy is likely to stick around indefinitely for now.

      Texas’s abortion ban, which was passed by Republican lawmakers last year, is the most restrictive abortion law in effect in the country. The law bans abortion after cardiac activity can be detected, about six weeks into a pregnancy; this time frame has no scientific basis and is so early on in the pregancy that most people don’t even know they’re pregnant. The law doesn’t provide exceptions for cases of rape or incest.

      The law is especially cruel because it places the onus of enforcement on private individuals rather than the state, allowing private citizens to sue medical providers that violate the law for $10,000 or more. This essentially dispatches anti-abortion vigilantes to hunt down anyone who has helped an individual get an abortion, including abortion providers or even Uber drivers.

      Abortion providers say that the law has cast a widespread chilling effect on medical professionals in the state. One Texas provider told The Lily, for instance, that he used to perform up to 30 abortions a day – but now that the ban is in place, he only performs two or three abortions a day.

      Instead, patients have had to travel out of state in order to obtain the procedure. Planned Parenthood centers in surrounding states saw a 1,082 percent increase in patients with Texas zip codes in September of 2021 over the previous two years.

      Because providers in the states immediately surrounding Texas, like Oklahoma and Louisiana, have been heavily booked as a result of the ban, Texas residents have had to travel even further to have the procedure done.

      In November, the Guttmacher Institute found that Texans have traveled to Illinois, Ohio, Washington, Maryland and other states in order to obtain abortions. A clinic in Tennessee, which is nearly a thousand miles away from Texas, said that it saw double the amount of patients from Texas in September than it did in all of 2020.

      Not only is this a potentially expensive trip for patients, it can also be an especially dangerous trip during the pandemic. People who are pregnant or who have recently been pregnant are at a higher risk of getting severe illness from COVID-19.

      Such trips may become far more common if the Supreme Court decides to overturn Roe v. Wade this year, as the Court’s conservative justices seem poised to do. According to the Guttmacher Institute, about 26 states are likely or certain to ban abortion as soon as Roe is no longer in effect. This means that the average American would have to travel 250 miles round trip to access their nearest abortion provider.

      This post was originally published on Latest – Truthout.

    • Rep. Alexandria Ocasio-Cortez poses for pictures with supporters during the 'Get Out the Vote' rally on February 12, 2022, in San Antonio, Texas.

      Congresswoman Alexandria Ocasio-Cortez of New York spent the weekend in Texas as she headlined rallies with a pair of progressive candidates vying to join her in Washington, D.C. next year by winning upcoming elections in the Lone Star State.

      With Democratic primary in Texas set for March 1, Ocasio-Cortez appeared at events for both Jessica Cisneros, challenging Democratic incumbent Rep. Henry Cuellar in District 28, and Greg Casar, running for an open seat in the state’s newly-created District 35. Both districts stretch from Austin to areas in and around San Antonio.

      U.S. Senator Ted Cruz, a Republican, “could never,” tweeted AOC on Sunday afternoon as she shared a video of herself dancing with constituents following an afternoon rally with Casar in San Antonio:

      At a rally on Saturday, Ocasio-Cortez bolstered both candidates by saying that Texas deserves more members in Congress willing to fight for working people and families over corporate interests.

      “If we send a Democrat who doesn’t give a damn about people, why would we expect people to vote for that person?” she said. “How can we win when we don’t stand for anything? We have to stand for something in order to bring it home.”

      Ocasio-Cortez said she was in Texas “to support two incredible game-changing candidates — both, I think, for the Democratic Party, but, frankly, for the country writ large.”

      In separate comments, she said she was in town because of the “long game” Democrats must be playing — and not just in safely blue states. “We flip Texas,” she said, “we flip the country.”

      “Cisneros has really shown what is possible — not only here in San Antonio but all the way down South Texas,” said AOC at the Saturday rally. “She’s shown that we don’t have to accept status quo politics before we actually fight for change.”

      During a canvas launch party hosted by CWA Local 6143 on Saturday, Ocasio-Cortez and Cisneros were welcomed by union members and the New York Democrat described why deep canvassing in Texas and elsewhere remains one of the most vital tools if progressives want to win:

      Sharing a video of Sunday’s rally, Casar said a “better Texas is possible” so long as the people of Texas fight and organize for it.

      During the rally, Casar credited Ocasio-Cortez for being an organizer who later “shook the halls of Congress” by running and winning as a bold progressive.

      “She reignited in me and so many of us a fire by instead of talking about what can’t get done, what it is possible for us to do,” he said. “She showed us that when the people lead, the politicians must follow — that’s what we’re gonna do.”

      This post was originally published on Latest – Truthout.

    • A good friend emailed me a couple weeks back and asked me why Donald Trump had recently spoke in Conroe, Texas.

      I didn’t know. I hadn’t known Trump was even visiting Texas. I haven’t been watching the news a lot lately.

      I emailed her back: “No. Probably a motivated gaggle of his fans there. It’s also, of course, a place where they burned a Black man at the stake.”

      Hmmm, I mumbled to myself.

      Then my mind began sifting through past research. Dates, places, faces, events — images. What year was that, I wondered.

      I looked it up. And I looked up the 2020 presidential election results.

      Conroe is in Montgomery County, north of Harris County, where Houston sits. In the election, Biden won Harris with 56% of the votes. Trump was victorious in Montgomery with 71%.

      Was it a coincidence? Was my friend, who believes in “alignments,” especially in relation to causation, nudging me?

      Was it happenstance that a community where an innocent young Black man named Joe Winters was burned at the stake — on the courthouse square, no less, for being in a relationship with a young white woman — might endorse, support, or host Donald J. Trump on his “Save America Tour”? Was it coincidence that Trump appeared in Conroe just a few months shy of the 100th anniversary of Winters’ hellish execution?

      An association — even a strong one — is not a proof of causation, but research in terms of correlation was called for. For the uninitiated, I am the author of The 1910 Slocum Massacre: An Act of Genocide in East Texas (History Press 2014). The book was influential in some ways, including the placement of a historical marker commemorating the atrocity, but my follow-up, Black Holocaust: The Paris Horror and a Legacy of Texas Terror (Eakin Press 2015), hardly moved the dial at all. Even in the Black community.  Perhaps because it was too much, too dark, too terrible to consider, much less process. Michael Hurd, a native Houstonian and director of the Texas Black History Preservation Project (TBHPP) at the time who is currently serving as director of Prairie View A&M’s Texas Institute for the Preservation of History and Culture, which is digitally documenting 500 years of Black history in Texas, admitted as much. TBHPP lauded the Slocum Massacre account but was cold on the Black Holocaust book. Hurd told me he just couldn’t read it, that he couldn’t bear to read it.

      I understood. I truly and sincerely understood.

      My Black Holocaust book chronicled white terrorism and white monstrosity on a level and scale that’s still hard to contemplate, much less fully grasp the implications of. For Blacks or whites.

      Nothing happens in a vacuum.

      Trump was welcomed in Conroe the same way he would be welcomed in other Texas cities like Waco, Tyler, Paris, Sulphur Springs, Greenville, Hillsboro, Rockwall, Corsicana, or Sherman, and maybe Belton and Temple. The late 19th- or early 20th-century citizens of these communities all burned a Black man at the stake, a Black man who was usually innocent. And the citizens of Waco, Tyler, Paris, and Sulphur Springs burned more than one innocent Black man at the stake.

      But I digress. I mentioned correlation.

      In the 2020 presidential election, 52% of Texas voters voted for the incumbent. In Bell County, which includes Temple and Belton but also gets closer to progressive Travis County and Austin (where Trump received only 28% of the vote), Trump garnered 53% of the electorate. In Chip and Joanna Gaines County — I’m sorry, I mean McLennan County — whose county seat is Waco, Trump received 61% of the vote. In Navarro County (county seat Corsicana), Trump prevailed with 63% of the ballots. In Rockwall County (county seat Rockwall, just east of Dallas), voters — whose forebears, like Conroe’s, burned an innocent young Black man at the stake for courting a young white woman — went 68% for Trump. Montgomery County (again, county seat Conroe) — where an innocent Black man was burned at the stake 100 years ago this year — Trump got 71% of the vote. Grayson County (county seat Sherman) went for Trump-Pence 74%. Hopkins County (county seat Sulphur Springs) gave Trump the nod with 76% of ballots cast. Lamar County, where four Black men were burned at the stake in or near Paris, went for a MAGA sequel at a clip of 78%, and in Hill County (county seat Hillsboro) — where an intellectually disabled Black man was burned on the courthouse square in 1919 — constituents cast 80% of their ballots for Trump.

      Anecdotal?

      Possibly. Arguably.

      But in Cooke County (county seat Gainesville) — home of The Great Hanging — Trump also prevailed with almost 80% of the vote. And even Anderson County, where the 1910 Slocum Massacre started, managed a Red State-respectable 74% of the ballots. And then there’s Comanche County, where a Black man was lynched in 1886 and all the Black residents of the entire county were expelled, and the small town of De Leon infamously posted a sign that said, “Nigger, don’t let the sun go down on you in this town,” the Trump-Pence ticket was in like Flynn, boasting over 83% of the electorate.

      Causation can be immediate, but it is often incremental, long-lasting, and repercussive. As of the 2000 Census, for one instance, the demographics of Comanche County included a Black population of only 0.44%. For another, historically racist counties not-so-coincidentally and almost invariably prefer Trump and/or conservative leadership, and, of course, rural communities with less diversity and less educational opportunities prefer Trump and/or conservative leadership.

      Does anybody really believe that the fact that Texas conservatives find Critical Race Theory anathema is mere coincidence? Is the fact that Texas Republicans are trying to limit voting rights and political representation (via gerrymandering) for persons of color simply happenstance?

      The numbers don’t lie.

      The history doesn’t lie.

      And the sad, sickening irony of it all is the image of Donald Trump standing at a Conroe podium and saying, “If I run, and if I win, we will treat those people from [the] January 6th [2021 insurrection] fairly … and if it requires pardons, we will give them pardons because they are being treated so unfairly.”

      Wow. That’s exactly how the faithful conservatives of Conroe felt about the perpetrators of the ghastly execution of Joe Winters 100 years ago. None of them were even arrested or charged.

      Their pigmentation was their pardon.

      Examine the image (right) from page 37 of Vol. 29, No. 1 of the NAACP’Crisis magazine from 1922. That’s Joe Winters being burned at the stake in the upper right corner, with the details near the middle of the page. Then, look lower right. A letter from Denton, Texas . . . of Denton County . . . where Trump was also victorious with 53% of the vote.

      The post Causation in Conroe first appeared on Dissident Voice.

      This post was originally published on Dissident Voice.

    • To see what the future of abortion could be in the United States, look to Texas. Across the country, conservative foes of abortion rights have pushed “heartbeat bills” that would ban abortion after about six weeks of pregnancy, when an embryo’s cardiac activity can be detected. Journalist Amy Littlefield and a team of law and journalism students from UC Berkeley investigate how this law went from being dismissed as a fringe idea, even by traditional right-to-life groups, to getting enforced in Texas. 

      We hear the backstory of right-wing activists who have been pushing toward this moment for more than a decade by embracing an approach that uses science over religion to justify abortion restrictions. But the science is often skewed and misleading. To rally support for a ban on abortion, activist Janet Porter filled press conferences with red heart balloons and sent lawmakers teddy bears that play the sound of heartbeats. Mark Lee Dickson drove across Texas in his Ford pickup getting small towns to pass ordinances that create “Sanctuary Cities for the Unborn.” It was all a precursor for what was to come. 

      Now, the consequences of restricting abortion are playing out in the crowded waiting room of an abortion clinic in Wichita, Kansas, where staff are being overwhelmed by patients from Texas. To get an abortion after about six weeks of pregnancy, Texas patients not only must leave their state, but also navigate the rules of a different state with its own set of laws designed to make abortion hard to access.  

      This post was originally published on Reveal.

    • In 2008, Melissa Lucio was sentenced to death in Texas for the murder of her 2-year old daughter Mariah, who died two days after a tragic fall down a flight of stairs. In shock and grieving the loss of her baby — the youngest of her 12 children at the time — Ms. Lucio was taken into police custody and immediately blamed for her daughter’s death. 

      Last month, the State of Texas scheduled Ms. Lucio’s execution for April 27, for a crime that never occurred. On Feb. 8, attorneys for Ms. Lucio filed a motion to withdraw or modify her looming execution date, but Ms. Lucio’s life is still in jeopardy.

      Read and share these key facts before Texas makes the irreversible mistake of killing an innocent woman. 

      1. Mariah’s death was a tragic accident not a murder. 

      Mariah fell down a flight of stairs while the family was moving homes on Feb. 15, 2007. The toddler had a mild physical disability that made her unstable while walking and prone to tripping. Two days later, she took a nap and didn’t wake up.

      Instead of taking the steps to learn about Mariah’s health history and investigating the causes of her injuries, authorities immediately jumped to the conclusion that she had been murdered and, through a coercive interrogation, pressured Ms. Lucio to make a false statement.

      Nearly 1 in 3 exonerated women were wrongly convicted of harming children or other loved ones in their care and nearly 70% were wrongly convicted of crimes that never took place at all — events that were accidents, deaths by suicide, or fabricated — according to data from the National Registry of Exonerations.

      2. Melissa has maintained her innocence for 14 years. 

      Ms. Lucio has maintained her innocence on death row for more than 14 years. Mariah had fallen before this tragic accident and appeared uninjured after the fall. Ms. Lucio repeatedly said she did not harm Mariah during the interrogation until coerced by police officers.

      3. The state presented no evidence that Melissa abused any of her children.

      Thousands of pages of Child Protective Services records show that Ms. Lucio’s 12 children never said she was violent with them. No physical evidence showed otherwise.

      “The State presented no physical evidence or witness testimony establishing that Lucio abused Mariah or any of her children, let alone killed Mariah,” Judge Catharina Haynes wrote on behalf of the seven dissenting judges from the U.S. Court of Appeals for the Fifth Circuit. 

      “The jury was deprived of key evidence to weigh: that is the point.”

      Ms. Lucio struggled at times to provide for her family, but was a caring mother, who did her best given her incredibly difficult circumstances.

      4. Melissa is a survivor of a lifetime of sexual abuse and domestic violence.

      Ms. Lucio is a survivor of life-long, repeated sexual assault and domestic violence. She was sexually abused by a family member beginning at the age of 6.

      Ms. Lucio endured abuse throughout her childhood and into her teenage years. At 16, she became a child bride to escape. However, Ms. Lucio’s husband perpetuated the cycle of abuse. Still a minor and unable to leave the abusive marriage, Ms. Lucio was trapped and developed a substance use problem. Her husband later abandoned her and their five children.

      Ms. Lucio had nine children, including Mariah, with her next partner, who was also abusive, repeatedly raped her, and threatened to kill her.

      5. Melissa was coerced by police the same night her daughter died.

      Detectives jumped to judgment and just two hours after Mariah died, took Ms. Lucio in for questioning. During the interrogation, officers berated and intimidated Ms. Lucio, who was pregnant and in shock from the loss of her child, for five hours. Research has shown that survivors of sexual abuse and violence, like Ms. Lucio, are more vulnerable to falsely confessing under such coercive conditions.

      Ms. Lucio repeatedly maintained her innocence during the interrogation. But officers continued to interrogate and intimidate her, only stopping when she gave in to their demands saying, “I guess I did it,” at 3 a.m. to get them to end the interrogation.

      6. The jury did not hear Melissa’s defense. 

      The jury never learned about the extent of Ms. Lucio’s history of child sexual abuse and domestic violence and how it shaped her reactions immediately following her daughter’s death. The trial court prohibited this testimony but allowed the Texas Ranger who coerced Ms. Lucio’s incriminating statement to testify for the prosecution that Ms. Lucio’s slumped posture, passivity, and failure to make eye contact told him that she was guilty. 

      Without that context, the jury convicted Ms. Lucio’s of capital murder based on her statement and the Texas Ranger’s testimony about her distant behavior during the interrogation.

      The omission of this crucial evidence was particularly damaging because the prosecution had a weak case for capital murder, and an even weaker case for a death sentence. Ms. Lucio had no prior record of violence.

       

      7. Cameron County D.A. Armando Villalobos was running for re-election and seeking a “win.” He is now serving a 13-year federal prison sentence for bribery and extortion.

      Lacking solid physical evidence, Cameron County District Attorney Armando Villalobos presented Ms. Lucio’s conciliatory statement to the jury as a “confession” to homicide and sought the death penalty, a “win” he thought would help him get re-elected. Today, the former district attorney is serving a 13-year federal prison sentence for bribery and extortion.

      8. Melissa’s wrongful conviction has torn her family apart.

      Ms. Lucio, who has 14 children, has suffered a grave injustice. Her children, who ranged from 2 to 15 at the time of her arrest, were still in the precious moments of growing up when the death of their sister and their mother’s wrongful incarceration devastated them. Ms. Lucio gave birth to her youngest children — twin boys — while in jail and had to give them up for adoption due to her wrongful incarceration. The rest of her children were split up and sent to live with relatives or placed in the custody of the state. 

      “Texas tore this family apart through the cruelty and injustice of Ms. Lucio’s wrongful conviction. Her children, mother, and siblings have been traumatized by Ms. Lucio’s arrest, prosecution, and death sentence,” said Tivon Schardl, chief of the Capital Habeas Unit of the Federal Defender for the Western District of Texas, and one of Ms. Lucio’s attorneys. 

      The criminal legal system failed her and her family, and if it executes her, it will continue to do so.

      9. Speak out before Texas makes an irreversible mistake — time is running out. 

      The Cameron County’s new district attorney, the courts, the Texas Board of Pardons and Paroles, and Gov. Abbott must undertake a meaningful review of Ms. Lucio’s innocence claim, the coercive tactics used in her interrogation, and the tragic circumstances of Mariah’s accidental death, before an irreversible injustice occurs.

      1. Add your name to stop the execution.
      2. Make sure everyone on Twitter knows her name: Tweet now
      3. Use this social media toolkit to spread the word on Facebook, Twitter, and Instagram.

      The post Melissa Lucio: 9 Facts You Should Know About This Innocent Woman Facing Execution appeared first on Innocence Project.

      This post was originally published on Innocence Project.

    • Fossil fuel businessman with oily hands and methane flare head reaches for frozen, dark lightbulb in front of Texas state

      Like millions of Texans who lost power and water for days during last year’s Winter Storm Uri, Houston native and writer Willow Curry found herself making preparations ahead of last week’s freeze. She filled up containers with water and stocked up on non-perishable foods — hard lessons learned from last year’s statewide blackout, which led to at least 246 deaths, and perhaps as many as 700.

      Curry grew up in the city’s historically Black Kashmere Gardens neighborhood, whose residents have contracted cancer at disproportionate rates due to industrial rail-related creosote contamination. Curry, who was rescued alongside her two aunts from Hurricane Harvey’s floodwaters in 2017, told Truthout and the Texas Observer that her experiences of prior climate-related traumas, including Harvey and Uri, heightened her sense of anxiety ahead of the recent freeze, especially as someone suffering from a neurological conversion disorder that manifests as diagnosed dystonia — her body’s response to the complex trauma of losing both her parents from cancer at a young age.

      Another reason she was more anxious this time around, Curry said, was that she no longer has the housing connection that kept her warm last year, when she was able to stay with a friend’s landlord whose power stayed on.

      “I didn’t know where I might be able to go if the power did go out, and my dystonia is always negatively affected by the cold,” she said. “I just felt so much frustration with people like [Gov.] Greg Abbott and [Sen.] Ted Cruz…. It makes you question, like fundamentally what democracy is for, what civil society is for, if we can’t even have basic infrastructure to keep us alive, and that isn’t a priority to our elected officials.”

      While Texas’s energy grid mostly held up this time around, as many as 70,000 Texans lost electricity during last week’s cold snap due to localized issues, including downed power lines and isolated supply losses. On February 5 Austin residents received a notice directing them to boil their water before drinking it, although the city’s utility, Austin Water, said the issue wasn’t due to the recent freeze or a power outage but “an internal treatment process issue” that resulted in high turbidity, or cloudiness in the water, which shut down service at the city’s Ulrich Water Treatment Plant.

      But the details of these outages’ specific causes may be less important than their lasting emotional and physical impact: Much like a year ago, Texans are once again navigating the lingering effects of climate trauma and even working through post-traumatic stress disorder-like responses to the recent freeze.

      Curry, who has worked with several Houston-based grassroots organizations — including the Northeast Action Collective; Houston Complete Communities; and Coalition for Environment, Equity, and Resilience — said Governor Abbott’s reversal of his promise that there wouldn’t be any outages this month, combined with his continual downplaying of the outages and failures that did occur last week, felt insulting and dismissive of Texans’ collective trauma.

      “The experience of going through these things over and over and over again, in so many different ways, whether it’s the water or the air quality, or, you know, there being a cancerous plume under where you live, … it gives you a much different perspective about the urgency of what needs to be done,” Curry said.

      In Austin, the recent freeze and three-day boil-water notice are something Texas Sierra Club Chapter Director Dave Cortez said reopen old wounds from last year, when he struggled to keep his then-2-year-old daughter warm, fed, and distracted. A year later, he’s still watching his now 3-year-old have to adapt to rapid changes in their daily lives.

      “She remembers living through Winter Storm Uri and knows exactly what to do when the power and water go out, and is always insistent about asking, ‘Why, Papa?’ It’s surreal and maddening, but we’re raising a child of the climate crisis,” he said. “It’s still hard to talk about, thinking back to a year ago. And it’s hard now because we just went through it again.”

      Cortez knew feelings of fear and anxiety from last year’s storm would linger for some time, even though, during the crisis itself, he really didn’t have time to reflect on what his family was going through. “For a lot of [marginalized Texans], whether it was Halloween floods that happened in 2013 and 2015 in Austin, or the drought and fires in Bastrop in 2011, or big hurricanes that hit Houston, … they don’t have a lot of ability to adapt or flee, or count on their home insurance,” he said. “They don’t get that time to feel and reflect.”

      For Cortez, centering everyday Texans’ collective climate trauma and memories of surviving six or more days without power and water is necessary to mobilize toward people-centered solutions to state failure, and to combat Governor Abbott and other political leaders spinning this year’s less-severe outages as a “victory.” Moreover, he said, it’s necessary to actively politicize that trauma and turn it into leverage against those in power who continue to refuse to fix the systemic problems that led to last year’s blackout as well as those who profited from it.

      Abbott is already doing said victory lap, arguing that the grid’s performance last week should give Texans more confidence that the system is working. “The Texas electric grid is more reliable and more resilient than it has ever been,” he said.

      But the fact that the state’s grid, operated by the Electric Reliability Council of Texas (ERCOT), didn’t completely fail this time doesn’t mean that Texans should feel reassured that the issues that led to its February 2021 collapse have been addressed, experts say. In fact, many of them haven’t.

      A Failing Fossil State

      Not only did tens of thousands of Texans still experience power and utility services outages during the recent cold snap; fracked gas production saw its biggest dip in production last week due to freezing valves, air systems, and other equipment in the Permian Basin, marking its lowest level since the February 2021 grid failure. On top of that, the Permian freeze-offs also sent oil prices to a multiyear high as extraction sites remained shuttered.

      As many Texans now understand all too well, last year’s crisis was spurred by the power supply chain being cut off during Uri, with the biggest losses coming from the fracked gas sector. Governor Abbott and other Texas Republicans falsely claimed at the time that the state’s renewables were to blame. While wind and solar also suffered losses, breakdowns in the state’s gas supply far outpaced renewables and were the leading factor in the blackout.

      “The thing about last week[’s freeze] is, we passed the test, but it was also a really easy test, and we didn’t pass it with perfect scores,” said Michael Webber, Josey Centennial Professor in Energy Resources at the University of Texas. “There’s a lot of people who had problems with their power, and there was still the gas production drop, so I think we shouldn’t take away too much false confidence that we’re all good now.”

      Even prior to last week’s freeze, the fracked gas industry experienced another dip in early January as “instruments froze, output plunged, and companies spewed a miasma of pollutants into the atmosphere in a bid to keep operations stable,” Bloomberg reported. The freezes mark two episodes in the span of just four weeks, laying bare the industry’s continued vulnerability to the kind of extreme weather shaping the state’s present and future climate.

      While the state has made upgrades to infrastructure that have left it somewhat better prepared for extreme cold; bureaucratic, regulatory, and legislative loopholes have allowed oil and gas companies to remain immune to real consequences for their catastrophic failures and devastating price-gouging during the disaster last year while maintaining their vise-like grip on the state’s regulators and politicians.

      Heads rolled at the Public Utility Commission of Texas and ERCOT, but state officials gave the fracked gas industry — ostensibly regulated by the Texas Railroad Commission — what amounts to a slap on the wrist, allowing the industry to avoid the most burdensome and necessary changes. Namely, Senate Bill 3, passed last summer, required power plants to “winterize” their equipment to withstand extreme cold, but the regulations do not apply to oil and gas extraction and distribution facilities, including wellheads and pipelines that serve as the fuel supply chain to the power plants. Some deadlines to implement winterization changes where they do apply have been delayed until next winter.

      “The lack of oversight over gas is something that keeps us vulnerable today,” Professor Webber said. “Gas really wasn’t put under pressure to improve its reliability, to winterize, to act in a more transparent manner. There’s all sorts of problems with gas that I think the legislature was aware of, but decided to ignore for a variety of political or other reasons.”

      To get an idea of just how emboldened oil and gas companies remain a year after their greed and malfeasance helped lead to exorbitant bills and the deaths of hundreds of Texans, just look at the recent dispute between two of the state’s largest fracked gas suppliers, Kelcy Warren’s Energy Transfer Partners (of Dakota Access Pipeline infamy) and Luminant Corporation, a subsidiary of Vistra Corporation.

      Energy Transfer, which made billions amid the chaos of Uri, threatened to stop providing fracked gas to Luminant’s power plants over $21.6 million in fees that the company said Luminant owed in connection with the blackout last year. Luminant’s five fracked gas-fueled plants provide electricity to about 400,000 Texas homes. In other words, less than a year after the biggest energy crisis in the nation — caused in part by oil and gas companies’ failure to supply the state’s power plants — and just weeks before another major winter freeze, Energy Transfer threatened to hold 400,000 homes hostage in order to extract money from a corporate competitor.

      After Luminant asked the Railroad Commission to intervene, Energy Transfer backed down, telling the commission that it will continue to supply Luminant’s plants while it tries to work out the fee dispute, and asking the commission to delay any ruling. While news of the episode reportedly reached Governor Abbott’s office, neither Abbott nor the commission seriously intervened. Commissioner Wayne Christian simply tweeted that he was “paying close attention to this” and encouraged the companies to “come together to resolve this issue.”

      Critics argue the non-response may be in part because Energy Transfer’s Warren is not only one of Abbott’s biggest individual donors, having given the governor $1 million just last year, but the company also contributed at least $10,300 to Christian in 2020, according to Texans for Public Justice.

      The fact that the political climate in Texas remains so captured by oil and gas that a single billion-dollar company can hold 400,000 Texans’ power hostage is why it’s so important, as Texas Sierra Club’s Cortez puts it, to continue building mass political power from below. That’s why he and other climate justice advocates across the state remain focused on harnessing the power of Texans’ collective climate trauma to build support for candidates campaigning heavily on the 2021 grid failure — candidates like Beto O’Rourke, who is challenging Abbott for the governorship, and Luke Warford, who is vying for Christian’s seat on the Railroad Commission.

      Warford has homed in on the 2021 grid failure, hammering the Railroad Commission’s complicity in the blackout. In a statement to Truthout and the Texas Observer, Warford said last week’s freeze, just like the one last February, not only proved a major threat to the state’s fracked gas supply, but also proved that the commission is failing to do its job.

      “Almost a full year after Winter Storm Uri, the Texas energy grid is just as vulnerable to collapse. The commissioners, whose campaign coffers are filled by the rich executives they regulate, are to blame for the fear and anger millions of Texans feel,” he said.

      Greening the Grid

      Still, Cortez and Webber agree that candidates, legislators, and advocates need to push beyond the most obvious fixes to the state grid, emphasizing demand-side solutions such as energy efficiency and stricter building codes. These types of changes would, according to Webber, reduce demand during extreme weather and retain desired temperatures in homes for longer in the event of a power failure.

      If the state combined its massive clean energy resources with investments in weatherization and demand-side policies such as offering people credits on their utility bills to reduce their energy use, the state wouldn’t see anywhere near the kind of demand that led to outages this year and last.

      The reason why Texas Republicans and state regulators won’t invest in that approach, however, is simple, Cortez said: “Because they want to make as much money as possible, and their interests want to make as much money as possible. Politicians depend on [oil and gas executives] donating to their campaigns. [Oil and gas executives] who donate to their campaigns depend on people consuming their products.”

      State lawmakers have also largely skirted the issue of ERCOT’s isolated structure — the fact that Texas is its own, separate power grid. In addition to winterizing the state’s power supply, Webber argues it’s essential that ERCOT be connected with the country’s two other national grids, the Western Interconnection and the Eastern Interconnection, which would allow the state to import power during extreme weather events to shore up its supply. Not only that, but connecting the grids could help spur a desperately needed transition to renewable energy.

      Texas currently leads the nation in renewable energy generation, having added 8,139 megawatts of energy in 2021, with 42 percent coming from wind and 40 percent from solar. Connecting up the state’s power grid would boost the market value of wind and solar, making it more competitive against oil and gas.

      “If we connect to other grids, then we can sell clean electrons to other states to help them reach their decarbonization goals, make money in the process and improve our reliability,” Webber said. “It’s one of those things like, this is so good for reliability, economics, and the environment, why aren’t we doing it? And we aren’t doing it mostly for political, philosophical reasons, which is that [Texas Republicans don’t] want to deal with the feds.”

      The renewable sector’s performance during last week’s freeze may prove his point. Wind power far exceeded ERCOT’s forecast during the freeze, at times providing nearly a third of all the power Texans used last week — more than making up for the losses it experienced last year.

      Research overwhelmingly shows that a just transition to renewable energy and a managed decline of the state’s oil and gas extraction along a science-based timeline is necessary to stay below 1.5 degrees Celsius of planetary warming, the point at which climate scientists say natural systems begin to reach critical tipping points. Keeping the state’s fossil fuels in the ground is especially critical in the Permian Basin, where fracked gas extraction is expected to increase 50 percent over the next decade — the exact opposite of the 40 percent decline climate scientists say is needed to stay under 1.5 degrees.

      For climate justice advocates like Cortez, a just transition must be paired with a more radical move toward a system of energy democracy, where working-class people are actually able to shape decisions around how they get their power and water. After all, Texans’ collective trauma is partly a result of the ability of the state’s oil and gas companies to operate with nearly total impunity.

      “That level of wealth, that level of power only separates those actors from the rest of working, everyday Texans,” he said. “There’s no way they can understand what people are going through. There’s no way they understand what the hardships people are struggling with.”

      This post was originally published on Latest – Truthout.

    • (Brownsville, Texas) Attorneys for Melissa Lucio today filed a motion to withdraw or modify her April 27, 2022 execution date. The filing in the 138th Judicial District Court of Cameron County asserts that Melissa was wrongfully convicted and sentenced to death for the accidental death of her two-year-old daughter, Mariah. Melissa, a Mexican-American from the Rio Grande Valley, is on death row despite forensic and eyewitness evidence that her daughter died from a head injury she suffered in a fall. Mariah’s death was a tragic accident, not a murder.

      “Police immediately jumped to the conclusion that Mariah had been murdered and never considered medical and scientific evidence that could have established Mariah died after an accidental fall,” said Vanessa Potkin, Director of Special Litigation at the Innocence Project, and one of Melissa’s attorneys. “While pregnant with twins, Melissa was subjected to a five-hour, late-night and aggressive interrogation until, physically and emotionally exhausted, she agreed to say, ‘I guess I did it.’ Melissa suffered a lifetime of sexual abuse — starting when she was only six years old — and domestic violence, which made her especially vulnerable to the police’s coercive interrogation tactics.”

      “Texas tore this family apart through the cruelty and injustice of Melissa’s wrongful conviction. Her children, mother, and siblings have been traumatized by Melissa’s arrest, prosecution, and death sentence. The State’s rush to set an execution date where there exists a strong innocence claim is alarming,” said Tivon Schardl, Chief of the Capital Habeas Unit of the Federal Defender for the Western District of Texas, and one of Melissa’s attorneys. “The State is also ignoring Melissa’s right to exercise her Roman Catholic faith and pending litigation in the United States Supreme Court that directly implicates this right.”

      “There is too much doubt to execute Melissa Lucio. Too many questions remain about the results of the autopsy, the conduct of interrogators, prosecutors, and courts, and Melissa’s mental impairments,” said Potkin. “Withdrawing the execution date so that the District Attorney, the courts, the Texas Board of Pardons and Paroles, and the Governor can undertake a meaningful review of Melissa’s innocence case, the coercive tactics used in her interrogation, and her lifetime of sexual abuse and domestic violence is the common-sense position and imperative as a matter of basic fairness.”

      Melissa Lucio’s Motion to Reconsider State’s Motion to Set Execution Date and to Withdraw or Modify the Execution Date can be viewed here and Exhibits can be viewed: here.

       

      Melissa’s lifetime of abuse made her especially vulnerable to coercive interrogation tactics that resulted in a false “confession.”

      On February 15, 2007, as Melissa was moving her family to a new apartment, her two-year-old daughter Mariah fell down a steep flight of outdoor stairs which led to their apartment. Mariah had a mild physical disability that made her unstable when walking. She had fallen before. Mariah appeared uninjured after the fall, but two days later, she went down for a nap and did not wake up. (Motion at pp. 6-7.)

      Within hours of losing her daughter, grieving, numb with shock, and pregnant with twins, Melissa was hauled into an interrogation room where armed, male police officers stood over her, yelled and berated her, and accused her of causing her daughter’s death.

      Melissa repeatedly told the police that she did not kill her daughter. But the officers continued to threaten her and used coercive interrogation techniques that are notorious for their tendency to produce false confessions, particularly when applied to vulnerable people like Melissa who suffer from trauma. (Motion at pp. 8-11.)

      After over five hours of interrogation, Melissa was emotionally and physically exhausted. In response to a Texas Ranger’s repeated demands, Melissa finally acquiesced and said, “I guess I did it.” (Motion at p. 8.)

      At the time of her arrest, Melissa had no record of violence. Thousands of pages of protective service records and recorded interviews with her children—including visits with the children shortly before and immediately after Mariah’s death—show that Melissa was not abusive. (Motion at p. 30.)

      Melissa’s conviction is based on two of the leading causes of wrongful convictions of women: false admissions made during police interrogation and faulty forensic evidence.  Approximately 40% of exonerated women were wrongly convicted of harming children or other loved ones in their care and nearly 70% were wrongfully convicted of crimes that never took place at all — events that were accidents, deaths by suicide, and fabricated — according to data from the National Registry of Exonerations.

       

      Melissa was especially vulnerable to the aggressive, intimidating, and psychological interrogation tactics of the police and male authority figures.

      When Melissa was just six, two adult male relatives began sexually abusing her, preying on her when her mother was not home. (Motion at p. 4.) As a young teenager, she was raped again.

      At age 16, Melissa got married as a child bride. Although this marriage would otherwise be against the law in Texas, it was permitted because Melissa’s mother gave consent. Melissa’s first husband was a violent alcoholic and drug dealer. He abandoned Melissa after she gave birth to their five children. (Motion at p. 5.)

      Melissa’s next partner continued the cycle of violence and abuse. She had seven children by her second husband. He beat Melissa, choked her, repeatedly raped her, and threatened to kill her. The family sunk deeper into poverty and was intermittently homeless. (Motion at pp. 5-6.) By the time Melissa was 35, she was struggling with physical abuse, PTSD, addiction, and poverty. She had given birth to 12 children and suffered multiple miscarriages.

      These experiences, and years of supervision by protective services—for her inability to provide for the children, never abuse—left Melissa weak and obliging in the face of authority figures and aggressive men. A Texas Ranger recklessly exploited Melissa’s vulnerabilities, first being soothing, then angry, taking down her hair, then pushing her to copy his demonstration of physical abuse. (Motion at p. 10.)

       

      “The State presented no physical evidence or witness testimony establishing that [Melissa] abused Mariah or any of her children, let alone killed Mariah,” seven Fifth Circuit judges wrote. (Motion at pp. 18-19)

      But in 2008, Cameron County District Attorney Armando Villalobos was seeking reelection and decided to prosecute Melissa for capital murder. Lacking any physical evidence or eyewitness linking Melissa to Mariah’s death, DA Villalobos’ team characterized Melissa’s acquiescence during the coercive interrogation as a “confession.” DA Villalobos was corrupt: he is now serving a 13-year federal prison sentence for bribery and extortion.

      At Melissa’s capital trial, Melissa’s attorneys tried to present expert witnesses who could have explained that Melissa’s response to the Ranger showed the results of her traumatic experiences, not guilt. The DA objected, and the trial court ruled that this evidence was “irrelevant.” That ruling deprived Melissa of the only means she had of explaining why she took responsibility although Mariah’s death was an accident. (Motion at pp. 12-16.)

      The trial court prohibited this testimony but allowed the Texas Ranger who coerced Melissa’s incriminating statement to testify for the prosecution that Melissa’s slumped posture, passivity, and failure to make eye contact told him that she was guilty. (Motion at pp. 11-12.)

       

      The jury did not hear Melissa’s defense or mitigating factorsMelissa’s trial attorneys were not prepared for the penalty phase of the trial. Lead counsel hamstrung his mitigation specialist and expert until weeks before the trial began. As a result, Melissa’s mitigation specialist never completed her investigation and the jury never learned about the extent of Melissa’s history of child sexual abuse and domestic violence.

      The jury never heard how Melissa’s history of trauma and abuse shaped her reactions immediately following her daughter’s death. Without that context, the jury convicted Melissa of capital murder. By contrast, Melissa’s partner, Mariah’s father, was sentenced to four years for endangering a child.

      The omission of this mitigating evidence was particularly damaging because the prosecution had a weak case for death. Melissa had no prior record of violence and the State’s sole evidence of future dangerousness was the death of Mariah and a prior conviction for driving under the influence.

       

      So far, the courts’ hands have been tied.

      A majority of judges have agreed that the exclusion of the psychologist’s expert testimony, which would have provided an explanation for Melissa’s acquiescence during the coercive interrogation, was wrong, but decided that current federal law limits the courts’ ability to intervene. (Motion at pp. 18-19.)

      A panel of federal judges on the Fifth Circuit Court of Appeals held that Melissa was denied her constitutional right to present a meaningful defense. In a unanimous three-judge opinion, the court ruled that providing an explanation for her incriminating statements during the interrogation, which she was not permitted to do, was the most significant evidence in the case since there was no physical evidence or witness testimony establishing that Melissa abused Mariah or any of her children, let alone killed Mariah.

      Texas appealed to the full 17-member Fifth Circuit. Ten of 17 judges agreed that the exclusion of the psychologist’s testimony skewed the evidence against Melissa, but three of the 10 joined seven other judges in holding that the Anti-Terrorism and Effective Death Penalty Act (AEDPA) — a law that has been widely criticized for unfairly curtailing review, including of innocent people — barred relief for Melissa. Seven judges dissented from the opinion denying relief for Melissa with four writing separate dissenting opinions to express their outrage. (Motion at pp. 18-19.)

      The motion provides further grounds for withdrawing or modifying Melissa’s execution date, including the need for additional state court proceedings on her actual innocence, intellectual disability, newly-discovered false testimony, and testimony based on “junk science;” the COVID pandemic has created obstacles to preparing claims and present a threat to the health of people who may attend the execution; the execution date does not allow Melissa a fair opportunity to present her case for clemency; ongoing litigation before the Inter-American Commission on Human Rights; and ongoing litigation challenging Texas Department of Criminal Justice rules that do not allow a prisoner to have their spiritual advisor pray audibly or lay hands on them in the execution chamber, thus violating their religious liberty. (Motion at pp. 2-3.)

       

      A meaningful review of Melissa’s innocence case is needed before an irreversible injustice occurs.

      A broad, diverse, and growing coalition, including the Innocence Network, Cornell Law School Center on the Death Penalty Worldwide, domestic violence and battered women’s organizations, former prosecutors, experts in gender-based violence, and law professors have expressed support for Melissa and have stated that, as a survivor of sexual abuse and domestic violence, she was especially susceptible to making a false confession or incriminating remarks during a coercive interrogation.

      According to the Death Penalty Information Center, since 1973, 186 people have been exonerated from death row, including 16 in Texas, and the number of people whose lives were taken before they were able to prove their innocence is unknown.

       

      The post New Filing: Melissa Lucio, Who Suffered a Lifetime of Abuse, is Innocent and Her Execution Date Should be Withdrawn appeared first on Innocence Project.

      This post was originally published on Innocence Project.