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LGBT

Idaho Transgender Woman Charged With Trespassing For Using Grocery Store Restroom

Ally Robledo

An Idaho Rosauers grocery store has filed trespassing charges against transgender woman Ally Robledo, banning her from ever shopping there. Her violation, according to Lewiston, Idaho Police Captain Roger Lanier, was “urinating while standing up”:

LANIER: The store security officer said he had been dealing with a problem over a couple days with the person going into the women’s restroom and urinating while standing up. [...] A male subject who was using the female restroom, and that made some women customers uncomfortable because of the appearance that a male was using their restroom.

The store employees didn’t want any further problems, and they chose to exercise their right to trespass this individual from the business. Anyone who owns or controls their property can make that decision.

Indeed, Idaho is one of 37 states that does not offer nondiscrimination protections based on gender identity in public accommodations, and state law entitles the owner of a property to deny access to anybody.

Robledo, who is 25, explained that when she was in school, she would be harassed in the men’s room:

ROBLEDO: When I did use the males (restroom) there would be people that would harass me in school. I would feel really embarrassed and there were times when I found myself in a lot of dangerous situations. [...] I’m a female trapped in a man’s body. It’s natural for me to go to the ladies’ room. Getting the no trespassing order for a public restroom was really painful.

Lanier said it wasn’t the police’s job to figure out “what makes a transgender.”

Robledo’s plight parallels an attempt by Arizona state Rep. John Kavanagh (R) to ensure businesses can similarly ban trans people from using bathroom and locker room facilities. He fears that young girls will be traumatized if they happen to see a trans woman’s body in a changing area. Similarly, Michigan state Rep. Tom McMillin (R) believes that restrooms that might be used by transgender people should be marked with warning signs.

Meanwhile, transgender people are just trying to buy groceries and go to gyms like everybody else.

Health

Idaho Science Teacher Is Under Investigation For Teaching About Climate Change And Orgasms

A 10th grade science teacher in Idaho is being investigated by his school after parents complained that he included the word “vagina” in his lessons, taught the class about the female orgasm, and showed Al Gore’s “An Inconvenient Truth.”

Some of the allegations are more serious, including that “he shared confidential student files with an individual other than their parents,” and “told inappropriate jokes in class,” but science teacher Tim McDaniel suspects that the complaints originated because of his discussions about issues considered controversial in the largely Mormon community where he teaches:

“I teach straight out of the textbook, I don’t include anything that the textbook doesn’t mention,” McDaniel said. “But I give every student the option not attend this class when I teach on the reproductive system if they don’t feel comfortable with the material.

The science teacher said he has taught Dietrich’s science classes for the past 18 years without receiving a complaint from parents or students.

According to McDaniel, the commission is also investigating a complaint that accuses him of using school property to promote a political candidate. The complaint was because he showed the climate change film “An Inconvenient Truth,” also in his science class.

McDaniel said he includes the film to spark a discussion on climate change among the students. After watching the film, he asks students to write a response paper explaining their thoughts on climate change.

Idaho is a state that has no requirement for sex education and no mandated HIV education. It does have a requirement that students be allowed to opt out of sex ed classes, to which McDaniel says he adhered.

(HT: Raw Story )

Health

Federal Judge Strikes Down Idaho’s 20-Week Abortion Ban

A federal judge has struck down Idaho’s “fetal pain” law, which outlaws abortion services after 20 weeks of pregnancy based on the scientifically-disputed theory that fetuses can feel pain at that point.

U.S. District Judge B. Lynn Winmill determined that Idaho’s fetal pain restriction places an “undue burden” on women seeking to have an abortion, which is a direct violation of women’s constitutional rights. The judge also criticized Iowa’s GOP-dominated legislature for allowing protections for fetuses to outweigh women’s right to choose. “The state may not rely on its interest in the potential life of the fetus to place a substantial obstacle to abortion before viability in women’s paths,” Winmill’s decision stated.

Roe v. Wade guarantees women’s right to a legal abortion until the point of viability, generally around 24 weeks of pregnancy. Nevertheless, imposing limits on late-term abortion is one of the most popular tactics that anti-choice lawmakers use to chip away at women’s reproductive rights. Seven states have instituted fetal pain bans over the past several years — and similar measures have advanced in at least two additional states, Arkansas and North Dakota, so far this legislative session.

Winmill is just the latest judge to confront one of these stringent state-level restrictions. Fetal pain measures in Georgia and Arizona have also been blocked from taking effect — and the courts’ decisions in those states, along with Winmell’s decision, could threaten the 20-week bans around the rest of the country. Depending how the situation in Idaho plays out as Winmell’s decision is appealed to the Ninth Circuit, its law could actually be headed all the way to the Supreme Court.

Nevertheless, despite multiple legal challenges to 20-week abortion bans, abortion opponents are still focused on enacting blatantly unconstitutional attacks on women’s reproductive rights. On Wednesday, Republicans in Arkansas overruled their governor’s veto to enact the harshest abortion ban in the nation, outlawing all abortion procedures after just 12 weeks of pregnancy. While late-term abortions tend to be rare, and typically involve concerns about the health of the woman or the the fetus, abortions after 12 weeks are much more common. Arkansas’ new abortion ban would outlaw one out of every 10 abortions in the state.

Health

Idaho Republican Compares Obamacare To The Holocaust

Idaho State Sen. Sheryl Nuxoll (R)

A state senator in Idaho is expressing her distaste for President Obama’s health care reform law by drawing a comparison between the private insurance companies participating in Obamacare and the “Jews boarding the trains to concentration camps” during the Holocaust.

According to Sen. Sheryl Nuxoll (R), Idaho should refuse to set up a state-run health exchange under Obamacare because, although the federal government is using private insurers for the time being, the Obama administration will eventually “pull the trigger” on those companies to establish a socialistic health care system.

Nuxoll posted her comments on Twitter, as well as included them in an email blast to 120 supporters:

The insurance companies are creating their own tombs. Much like the Jews boarding the trains to concentration camps, private insurers are used by the feds to put the system in place because the federal government has no way to set up the exchange. Based on legislation and the general process that is written toward this legislation, the federal government will want nothing to do with private insurance companies. The feds will have a national system of health insurance and they will eliminate the insurance companies.

When the Idaho Spokesman-Review asked Nuxoll to clarify her comments, she doubled down on them. Nuxoll said she didn’t mean to disrespect any group of people with her analogy, and explained she said it because “I felt badly for the Jews — it wasn’t just Jews, but Jews, and Christians, and Catholics, and priests. My thing was they didn’t know what was going on. The insurance companies are not realizing what’s going to end up in their demise.”

Idaho’s Senate President Pro-Tem, Brent Hill (R), also stood behind Nuxoll. “This is a very emotional issue for a lot of people,” Hill told the Spokesman-Review. “There’s a lot of ‘stuff’ going around, a lot of information, a lot of viewpoints being expressed. As we get closer to making that decision, the rhetoric’s going to get more dramatic.”

While Idaho Gov. Butch Otter (R) is a vocal critic of health care reform, he has agreed to set up a state-run exchange under Obamacare because he has acknowledged it will allow Idaho to retain more control over its own insurance market. The federal government will simply step in and set up exchanges in the states that refuse to do so themselves. Obamacare’s health exchanges, along with the health law’s optional Medicaid expansion, seek to extend health care to an estimated 30 million low-income Americans who are currently uninsured.

NEWS FLASH

Boise Passes Sweeping Nondiscrimination Protections | Tuesday night, the Boise, Idaho City Council unanimously passed an ordinance that will protect LGBT people from discrimination in employment, housing, and public discrimination. Boise is only the second city in the state, following Sandpoint, to pass such protections. The policy does provide an exemption for churches and other private organizations like the Boy Scouts of America. Watch a report from KBOI featuring a standing ovation from the crowd after the vote:

(HT: Towleroad.)

Justice

Idaho Lawmaker Wants States To Prevent Obama’s Re-Election

One Idaho state lawmaker is still in denial over election results and would like to see states challenge the legitimacy of Obama’s reelection. Last week, Idaho State Sen. Sheryl Nuxoll (R) amplified a debunked theory circulating Tea Party blogs, that claims Romney still has a chance to win if enough states refuse to participate in the Electoral College.

Nuxoll linked to the debunked idea in a tweet, afterward telling the Spokane Spokesman-Review “I don’t know if it’s realistic”:

Even though Obama won 51 percent of the popular vote, by Nuxoll’s reasoning, “states are going to have to stand up for our individual rights and for our collective rights” because he is “depriving us of our freedoms.”

Constitutional Accountability Center’s Emily Phelps explains why the idea that unhappy Republicans can prevent the Electoral College from reaching a “quorum” is completely wrong: “A quick reading shows that [Tea Party Nation's] Phillips has his voting bodies backward. There is no quorum requirement for the Electoral College. If pro-Romney electors boycotted the meeting as Phillips has urged, the others would simply meet without them and elect President Obama.”

The original story on World Net Daily, a conspiracy site that regularly pushes “birtherism”, now has a major caveat. The site’s editors added the note: “Since this column was posted it has been discovered that the premise presented about the Electoral College and the Constitution is in error. According to the 12th Amendment, a two-thirds quorum is required in the House of Representatives, not the Electoral College.”

Climate Progress

The Idaho Statesman Reports That Manmade Climate Impacts Are ‘Accelerating’

The Idaho Statesman ran a good piece on climate change Tuesday, “Climate change accelerating, complicating Idaho’s spring runoff.” The report:

The effects of global warming are making it more difficult for reservoir managers to control floods and manage flows for irrigation, recreation and fisheries.

Two days of record high temperatures and two days of record rainfall the same week in late April sent 26,000 cubic feet per second surging into the Boise River dam system, forcing federal river managers to increase flows to more than 8,100 cfs — the highest flow out of Lucky Peak Dam since 1998 and just the second time it has hit 8,100 in 30 years.

The water station at Twin Springs on the Middle Fork of the Boise River has been recording flow data for 100 years. Such long-term monitoring is increasingly important — and rare — as scientists try to understand long-range effects of climate change. PROVIDED BY USGS

We reported last year on a US Geological Survey study that found “Global Warming Drives Rockies Snowpack Loss Unrivaled in 800 Years, Threatens Western Water Supply.”

As many recent studies find, it is increasingly going to be feast or famine, flood or drought, because of manmade climate change (see “Study: Global warming is driving increased frequency of extreme wet or dry summer weather in southeast, so droughts and deluges are likely to get worse“).

As the Idaho Statesman piece explains:

The more variability in the climate, the harder it is for the two federal dam-managing agencies to balance their competing tasks of preventing floods while filling the reservoirs to provide water for various uses.

The evidence that the runoff timing has changed is based on streamflow gauges maintained by the U.S. Geological Survey. One of the oldest is the gauge on the Middle Fork of the Boise River, installed near Twin Springs above Arrowrock Dam in 1912.

It shows that runoff that used to begin in early April now starts in late March. That flow used to peak in late May or June, but now peaks in early May.

Droughts and wet years have come and gone over the past century on the Boise River, said USGS hydrologist Greg Clark. But the past 30 years have generally been drier. With the snowpack melting earlier, that leaves flows even lower in the late summer and fall in the tributaries above reservoirs and in rivers without dams.

And this increase in extremes has real impact for real communities:

That affects things besides farmers’ irrigation water. It affects fish, for instance, especially since the water is getting warmer, said Clark, associate director for the Idaho Water Science Center in Boise.

It also affects recreation. On the Boise River, the longer period of high flows through town through the spring to prevent flooding delays floating season. On rivers such as the Middle Fork of the Salmon, low flows late in the season limit the number of days for whitewater rafting.

Yet, just as we need to be spending more money on measurement and planning, money for the key federal agencies is being cut and “money for the 100-year-old Boise Middle Fork streamflow gauge is in doubt.”

The story ends with a warning from Ron Abramovich, “a water-supply specialist with the Natural Resources Conservation Service in Boise”:

“A lot of people think global warming is going to be a gradual increase in temperatures,” said Abramovich. “It may be a roller coaster … kind of like the stock market.”

It is noteworthy that a local paper did such a good job of reporting on a subject that has proved challenging to say the least for many in the national media (see “Silence of the Lambs 2: Media Herd’s Coverage of Climate Change Drops Sharply — Again“). Special kudos to The Idaho Statesman for not undermining the science with any false balance.

NEWS FLASH

Idaho House Will Not Approve Mandatory Ultrasound Bill | Idaho’s anti-abortion ultrasound bill is dead for the 2012 legislative session. The state Senate had already passed the invasive measure, but House State Affairs Committee Chairman Tom Loertscher (R) said on Wednesday that the House will not be voting on it. “I spoke with the right-to-life people this morning,” he told the Spokesman-Review. “They agreed that there’s not much that can be done with the bill this year.” The legislation mandated an ultrasound for any woman seeking an abortion in Idaho — with no exception for rape or incest — and Loertscher said he feared it could lead to a court challenge that would overturn entire informed-consent law. Anti-abortion advocates are expected to push the bill again in 2013.

NEWS FLASH

Idaho GOP to Stage Live Ultrasound Demonstration At Statehouse | A live ultrasound demonstration is scheduled to take place in the Idaho state Capitol on Wednesday afternoon, just two days after the state Senate’s 23-12 passage of pre-abortion ultrasound bill SB 1387. “Voices from the Womb,” which is being sponsored by local crises pregnancy center Stanton Health Care, will feature “three Stanton clients, one in each trimester of pregnancy.” Although the demo is being touted by Republican Sen. Sheryl Nuxoll as the first of it’s kind, the event will likely mirror a similar exhibition that was staged in Ohio’s Statehouse last year in support of the state’s own controversial “heartbeat bill.” — Fatima Najiy

NEWS FLASH

Idaho Anti-Abortion Bill Could Send Women Seeking Abortions To Crisis Pregnancy Centers | Like lawmakers across the U.S., Idaho legislators are considering a bill requiring women to receive an ultrasound before having an abortion, which could add up to $200 to the cost of the procedure for women. But one requirement in the legislation is for the state to post a list of clinics that provide free ultrasounds. It’s expected that most of the organizations listed will be crisis pregnancy centers, known for deceptive tactics to try to stop women from having abortions. But the bill’s sponsor, state Sen. Chuck Winder (R), has no issue with codifying the deceitful tactics because the point of the ultrasound bill is “to convince a woman not to go through with abortions.”

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