Fairness West Virginia Story Archives - Page 2 of 4 - West Virginia Public Broadcasting

Transgender Medicaid, PEIA Recipients Sue W.Va. DHHR For Discrimination

National advocates for LGBTQ rights are suing West Virginia health leaders, saying state-run plans for insurance are discriminatory toward the transgender West Virginians who rely on them.

A class action lawsuit filed Thursday by Lambda Legal targets West Virginia’s Medicaid program, which serves low-income residents of the state, and the Public Employees Insurance Agency, which offers coverage to state employees and their families.

According to the complaint, all plans offered via Medicaid and PEIA list gender-confirming care as an “exclusion,” or a specific medical service that the plan will not pay for.

Gender-confirming care can include hormonal replacement therapy, surgery and counseling. Access to this kind of care, attorneys write, can reduce the stress and discomfort that transgender people face when the gender they were assigned at birth doesn’t align with their gender identity.

Christopher Fain, one of three West Virginia men listed as plaintiffs in Thursday’s lawsuit, said that for him, gender-confirming care has been life-saving. Fain, a transgender man who uses Medicaid, said he had to pay out of pocket for gender-affirming surgery.

“This care is not optional. This care is essential and medically necessary,” Fain said at a virtual press conference Thursday. “To be denied coverage for care simply because I’m transgender is not only discriminatory, but demoralizing”

Fain spoke Thursday alongside attorneys from Lambda Legal, the Employment Center and Andrew Schneider, executive director of Fairness West Virginia.

“The state of West Virginia shouldn’t single out certain communities to deny health care coverage. But these blanket exclusions do just that,” Schneider said. A survey from Fairness West Virginia released in November found that around 25 percent of transgender West Virginians rely on Medicaid for health care, and roughly 14 percent rely on PEIA.

The same survey reports that 45 percent of transgender West Virginians, not specifying health care coverage, have experienced some discrimination in health care, while 17 percent have been refused care.

Schneider described Fairness West Virginia’s Transgender Health Initiative, which was designed to train doctors and medical providers on transgender health needs.

“We work with doctors whose hands are tied and can’t help their patients access gender affirming care they need because of the exclusions,” Schneider said.

The state Department of Health and Human Resources, which oversees the Bureau for Medical Services and West Virginia Medicaid, said they needed more time Thursday afternoon to look over the lawsuit.

Members from PEIA also said they needed more time to review the lawsuit.

Lambda Legal has filed similar class action lawsuits in other states like Georgia, Arizona and North Carolina. Several cases related to Medicaid are still pending, although the legal team has seen a handful of victories regarding public employee plans in Alaska and Wisconsin.

Emily Allen is a Report for America corps member.

Fairness WV Brings Back Nondiscrimination Bill As ‘Fairness Act’

Fairness West Virginia, an advocacy group for the state’s LGBTQ+ population, held a panel for the press Tuesday morning to discuss its proposed ‘Fairness Act’ for the 2020 legislative session.

If passed, the bill would prohibit discrimination that’s based on a person’s sexual orientation or gender identity.

Panelists included religious and business leaders who favor such legislation. They described a new generation entering the workforce that’s more diverse than the last, which wants employers who appreciate that fact by implementing inclusive policies.

Fairness West Virginia executive director, Andrew Schneider, said passing a law that makes discrimination illegal for all people could help attract and retain residents.

“Passing this law is the right thing to do for our state,” Schneider said Tuesday. “It’s good for business, it’s good for the economy, and it’s the only way we should treat our LGBTQ friends, neighbors and community members.”

Schneider’s group has supported several bills with similar objectives at the state level, but the Legislature has yet to pass any of these bills into law.

Lawmakers Danielle Walker from the House of Delegates and Mitch Carmichael from the Senate were present for the discussion.

Carmichael, who serves as Senate president, told the panelists he adamantly opposes all forms of discrimination as a principle of his faith, but he couldn’t guarantee the bill will have any success in the 2020 session.

He warned there might be a need for some amendments, without specifying which changes the bill might need.

“This may not be the right bill, it may not be the right time,” Carmichael said. “It may not be in the perfect structure. And we need to find that out.”

The West Virginia Human Rights Act already provides “all of its citizens’ equal opportunity for employment”, public accommodations and housing, regardless of things like race, religion and age.

But the state’s laws for equal opportunity don’t mention “sexual orientation” and “gender identity” as characteristics people shouldn’t discriminate against.

Del. Jim Butler, a Republican in Mason County who plans to run against Carmichael in the upcoming primary, said in a press release Monday including the two items would “set up a circumstance where people have special protections rather than equality.”

Butler — who did not respond to a request for comment before this article’s publication — also cited concerns he had for members of West Virginia’s business and religious community.

He mentioned the bill could have negative consequences for “employers, people who rent or sell homes, or anyone else who may be accused of being politically incorrect.”

Danielle Stewart, a transgender woman from Beckley, called opponents like Butler a “vocal minority.”

Stewart said she has been all over the state raising awareness for trans people. She often checks out local business, where she says interactions are typically positive.

“There’s no issues with bathrooms, there’s no issues with getting served food, there’s no issues with shopping,” she said. “It’s really a vocal minority that’s fighting against this. And they’re fighting against this not because of religion, not because of right and wrong, but because they want to maintain control.”

Stewart chairs the Beckley Human Rights Commission, which helps the city ensure equal opportunity to employment, housing and public accommodations. Earlier this year, the Beckley City Council voted to pass an ordinance that ensured equal opportunity to all, regardless of sexual orientation or gender identity.

“Beckley is really the center of southern West Virginia,” she said. “We’re really hoping that other municipalities will take up nondiscrimination ordinances, in addition to what we hope that our state Legislature takes up.”

Fairness West Virginia reports there are 12 other local governments in West Virginia that have passed similar ordinances that prohibit discrimination against members of the LGBTQ+ community.

Boxer Christy Salters Reflects On Overcoming Domestic Abuse, How Far Gay Rights Have Come In W.Va.

It’s 1996. We’re in Las Vegas. Wyoming County native Christy Martin is in the ring, fighting the Irish boxer Deirdre Gogarty.

“Recognized as the women’s pound-for-pound champion, introducing the Coal Miner’s Daughter, Christy Martin!” an announcer calls.

News organizations later will report millions of households worldwide are watching this fight, which Christy wins after six rounds.

Almost 24 years later, Christy ⁠— who now goes by Christy Salters ⁠— remains a pioneer in women’s boxing. But she’s also raising awareness about domestic abuse and gay rights in the U.S. That includes her home state of West Virginia.

Christy recently spoke at the 10th anniversary gala for Fairness WV, a civil rights group that advocates on behalf of LGBTQIA+ West Virginians.

Advancements In Women’s Boxing

Growing up in the small town of Itmann, Christy said she never imagined she would become a professional fighter.

“My dad watched boxing a little bit in the 70’s,” she recalled. “I would watch the fights with my dad, but I never grew up thinking this is what I want to be.”

One of her first competitions was the ‘Mean Mountaineer’ in Beckley. Christy said she entered for fun, and ultimately won two of the three fights by knockout.

“I had never seen another woman fight when I fought, and that goes back even to the Tough Man contests. They had never allowed women to fight in those here in West Virginia.

“Now, women are boxing in the Olympics ⁠— Claressa Shields has won two gold medals, we’ve had Katie Taylor, also as a gold medal winner from Ireland who’s getting big exposure … So, it’s changed a lot.”

‘I Would Give Anything To Be The Person I Am Today’

Christy moved to Tennessee after graduating in 1990 from Concord University, which was Concord College at the time. She signed with promoter Don King shortly thereafter.

It was also in the early 90’s that Christy married her trainer, Jim Martin.

“For 20 years, he used my sexuality as a blackmail tool. I was up front with him from the beginning. I told him about past relationships I had, and he was fine, but then as time went on he would tell me, ‘I’m going to tell the world you’re a lesbian. I’m going to out you. I’m going to tell your family.’”

Despite the paradise it looked like she was living on TV, Christy said her life was terrible.

“There were times when I can remember just being in Las Vegas, and walking into a casino and thinking, ‘Wow, how awesome would it be to be with someone that I love, sharing these really, really cool experiences that I’m having, and sharing them with somebody that I love. And that loved me.’

“He [Jim] didn’t love me, I was his ATM. I was his personal ATM, his money machine … So finally, I just got tired. I didn’t care anymore. … And I left.”

Christy said she left Martin in 2010. That November, she said he tried to kill her.

“He stabbed me repeatedly, punctured my lung, cut my calf muscle almost completely from my leg,” Salters said. “Shot me. Left me what he thought was dead on the floor. But God had another plan. And I was able to get up and get out.”

Today, Jim Martin is in prison for attempted murder. Salters has since divorced him and gone on to become an advocate for women and children in domestic abuse situations.

In 2017, she married her wife, fellow boxer Lisa Holewyne.

“I would give anything to be the person I am today, to have been this person throughout my boxing career. Yeah, I mean, I’m married to Lisa Holewyne. And, you know, we’re gay wherever we are.”

Giving Back In The Mountain State

Christy said giving back to her home state is important.

“Because I didn’t have anybody growing up that I knew that was gay, and I could go talk to them and ask them, ‘What do I do? How do I do this? Can you talk to my mom,’ you know. … And just for parents to understand, that it’s not the end of the world, and it’s not about you. But you know, so many — we have this, what is he, this representative or senator or whatever, that basically threatened to drown his — he says he’s a Christian, but threatened to drown his children if they were gay?”

Wyoming County native and boxer Christy Salters spoke at the 10th Anniversary Fairness WV Gala on Sept. 28, 2019, in Charleston.

Salters confirmed she’s speaking about Eric Porterfield, a West Virginia House Delegate from Mercer County, and comments he made during the 2019 legislative session.

“Yeah, you’re not a Christian if you make veiled threats to drown your children. You know, I’m embarrassed for him. But I’m embarrassed for me and my state, because people, you know, outside of West Virginia, already looked down on us and think that we’re, we’re behind and we’re not smart and, and all this negativity. And for him to come out and say something like that? I mean, it feeds into the stereotypes that West Virginia has.”

In reality, Christy said, West Virginia is moving in the right direction.

“I’m proud to be here. Just to be at an event like this, this is huge. And it is changing, even in my small town Mullens and, and you know, Wyoming County, it is changing, people are becoming more accepting of other people. And look, what I’m doing doesn’t in any way affect what you’re doing. I’m the same person I was before, you know, I was gay. So if you loved me before, are you going to tell me you don’t love me now? Because I’m gay. I mean, it makes no sense. I’m still the same person.”

While Salters is no longer in the ring, she’s still fighting to raise awareness for survivors of emotional and physical abuse. She says she looks forward to helping facilitate a more inclusive West Virginia, with groups like Fairness WV.

Emily Allen is a Report for America corps member.

Morgantown Drag Performer Who Reported Attack Files Paperwork to Discontinue Police Investigation

Updated: Thursday, June 13, 2019 at 4:05 p.m.

A Morgantown drag performer who told police they were attacked over Memorial Day weekend has filed paperwork to discontinue an investigation into the incident. Local police say they found inconsistencies in the alleged victim’s account of the incident and are following up on the matter.

According to a Thursday news release from the Morgantown Police Department, Jared Rote filed a form Tuesday, June 11 to discontinue the investigation. Police said he came into the offices on his own to sign that form.

Morgantown Police communications manager Andrew Stacy said in a Thursday email to West Virginia Public Broadcasting that the form Rote completed is voluntary and not commonly used.

“The MPD’s initial investigation into the alleged assault revealed several inconsistencies with the original story and the MPD is actively following up on those inconsistencies,” Stacy said.

Rote initially told police he was attacked on the Pleasant St. Bridge while walking home in the early morning hours of Sunday, May 27. Police interviewed Rote and conducted a foot patrol in the area in which he claimed the attack took place. They found no suspects or any evidence of an attack.

According to a police report, Rote was unable to provide a description of the attackers. Officers said they did observe several minor lacerations to his chest, face and arms.

In a Thursday afternoon Facebook post, Rote stated part of his reason for requesting police to end the investigation was a result of harassment and quote “cruel comments” he received following the alleged attack.

LGBTQ rights advocacy group Fairness West Virginia expressed support of Rote following the alleged incident. A representative of the organization said Thursday they reached out to him but had not been in contact.

Attempts by West Virginia Public Broadcasting to contact Rote by phone and online have been unsuccessful.

Attack on Morgantown Drag Performer Sparks Calls for Update to West Virginia’s Hate Crime Law

Editor’s Note: The alleged victim of this incident filed paperwork on Tuesday, June 11, 2019 to discontinue the police’s investigation of the incident.

A reported attack on a black, gay man in Morgantown over Memorial Day weekend has sparked reaction from the lesbian, gay, bisexual, transgender and queer community, as well as renewed attention on West Virginia’s hate crime laws.

According to a report filed with the Morgantown Police Department, Jared Rote said he was walking home from downtown toward his residence in the South Park neighborhood when he was attacked from behind on the Pleasant Street Bridge at about 3:45 a.m. Monday.

While he was unable to provide a description of those involved, Rote told police he believes he was attacked by three people. He recalled that one of the suspects said “this is what you get” while the attack was in progress.

An officer who responded to Mon General Hospital observed Rote had “minor lacerations” on his chest, face and arms.

Rote performs around Morgantown’s gay bar scene as a drag queen and under the name Ophelia Jewels.

At about 5 a.m. Monday, officers conducted a search of the area where the alleged attack occurred, but were unable to find any evidence of the attack.

According to a news release from the Morgantown Police Department, detectives have been assigned to the case and are conducting an investigation into the incident.

Del. Danielle Walker, D-Monongalia, was one of dozens of members of the community to attend a Monday evening rally in support of Rote.

“As a city, we know that we have a strong LGBTQIA+ community. We know we are a tight community. We know we have allies that will be on the forefront and speaking out against this. But there is still a lot of work to do,” Walker said by phone Tuesday.

With no suspects in custody, Walker points out that the attack could have been motivated by any number of reasons.

“We don’t know if this was a crime based on the fact that [the victim] is gay or because he is black. But that doesn’t matter,” she said.

According to the Human Rights Campaign, the largest national lesbian, gay, bisexual, transgender and queer civil rights organization, 31 states and the District of Columbia address hate or bias crimes based on sexual orientation or gender identity — with 11 of those addressing only sexual orientation.

West Virginia’s hate crime law does not address sexual orientation or gender identity.

In 2017, the West Virginia Supreme Court of Appeals ruled that anti-gay attacks aren’t covered by the state’s hate crime law. Former Chief Justice Allen Loughry, who is currently serving a two-year prison sentence on federal fraud convictions, wrote the majority opinion that supported that ruling.

Fairness West Virginia, a statewide civil rights advocacy organization dedicated to fair treatment and civil rights for LGBTQ persons, called the attack on Rote “horrifying” and is an example of why West Virginia’s hate crime law needs updated.

“As our community has become increasingly visible, we have also become increasingly vulnerable. This is reflected in FBI statistics which continue to show that anti-LGBTQ hate crimes are among the most common types of hate crimes,” Fairness West Virginia executive director Andrew Schneider. “There have been three high-profile anti-LGBTQ hate crimes in West Virginia in less than two years. Enough is enough.”

Walker and other Democrats in the House of Delegates tried repeatedly but failed to bring various LGBTQ rights-focused legislation to the floor this past session.

One of those bills, House Bill 2733, would have added sexual orientation and gender identity to West Virginia’s Human Rights Act. Six different efforts by Democrats to spur the measure along failed over the course of the legislative session.

“It goes back to leadership. It should not be about who is in the majority or the minority. It should not be about whether you have an R or a D beside your name. We are all human,” she said, making note of the partisan divide in the House on the issue of LGBTQ rights.

June is LGBTQ Pride Month, designating the month when the Stonewall Riots took place in New York City in 1969 — a seminal event in which LGBTQ people rioted after a police raid on a gay bar.

Across the United States, events are held in June to celebrate diversity and inclusion of the LGBTQ communities.

Judge Issued Warning Over Refusal to do Same-Sex Weddings

A West Virginia judge has agreed to stop presiding over marriages altogether rather than officiate for same-sex couples.

The West Virginia Judicial Investigation Commission issued a warning to Mineral County Judge Lynn Nelson after receiving a complaint from Fairness West Virginia, which advocates for equal treatment of people regardless of their gender or sexual orientation.

The Charleston Gazette-Mail cites a letter the commission sent to the Fairness group in October.

The group says in a statement that Nelson had refused to perform same-sex marriages in his courtroom. The judge says such weddings are against his religious beliefs.

Now, in response to the complaint, he won’t perform any marriages.

The letter says the commission didn’t charge him with any ethical violations. Commission General Counsel Teresa Tarr declined to comment Monday.