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December 29, 2022 edition of the Bay Area Reporter

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Serving the lesbian, gay, bisexual, transgender, and queer communities since 1971

Vol. 52 • No. 52 • December 29, 2022-January 4, 2023

New LGBTQ laws take effect Jan. 1 by Matthew S. Bajko

W Courtesy the governor’s office

Attorneys Michael Rhoads and Julie Swain are set to become California superior court judges.

Newsom names out judges to California courts by Matthew S. Bajko

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overnor Gavin Newsom named two out lawyers to California superior courts Friday. A gay man will join the San Francisco Superior Court, while a lesbian will be joining the Orange County Superior Court. Michael Rhoads, 38, will fill the vacancy created by the retirement of Angela M. Bradstreet from the San Francisco bench. Bradstreet, a lesbian, stepped down in February after serving 11 years as a judge. Julie Swain, 52, will fill the vacancy created by the retirement of Joy W. Markman from the Orange County court. She had been appointed to the state’s former municipal court bench in 1993 and was named to the superior court in 1997 by former Republican governor Pete Wilson. According to the LGBTQ demographic data for California judges released in March, the Orange County bench had three LGBTQ judges as of the end of 2021. The San Francisco bench had seven LGBTQ judges - four gay and three lesbian – last year prior to Bradstreet’s retirement. Swain served as a deputy public defender at the Orange County Public Defender’s Office from 1997 to 2010. She then went into private practice, opening a solo law firm. Reached in the south of France, where she is vacationing with her wife of 20 years, Swain told the Bay Area Reporter that she had applied for a judicial appointment in April. “I just moved through quick. I am super fortunate to get appointed today,” said Swain, who earned a Juris Doctor degree from the University of the Pacific’s McGeorge School of Law. “I am proud to represent and I also think that when somebody walks into the courtroom and sees someone familiar to them, that gives them See page 4 >>

hen the clock strikes midnight on January 1, a trove of new LGBTQ laws will go into effect in California. Among them are edicts to make it easier for people to change their gender on various government-issued documents and to require money managers to undergo LGBTQ cultural competency training. The start of 2023 will also see a staggered rollout of changes to the state’s medical system aimed at improving the health care of transgender and nonbinary residents of the Golden State. People living with HIV will also see improved protections around their ability to obtain life or disability insurance. And, as of Sunday, California will become a refuge for parents and their transgender children seeking gender-affirming health care banned in their home states. Officials in the Golden State will refuse to participate in any legal action the families’ home states take against them. Due to the adoption of Senate Bill 107, authored by gay state Senator Scott Wiener (D-San Francisco), starting next week it will be California policy to reject any out-of-state court judgments removing trans kids from their parents’ custody because they allowed them to receive gender-affirming health care. State health officials will not be allowed to comply with subpoenas seeking health re-

Courtesy Twitter

A trove of LGBTQ bills will become law in California as of January 1.

cords and any information related to such criminal cases, and public safety officers must make out-of-state criminal arrest warrants for such parents their lowest priority. Wiener introduced the legislation due to state governments, such as in Alabama, Texas and Idaho, adopting laws that call for prosecuting parents who allow their trans

children to have gender-affirming care. Families in the Lone Star State have already found themselves being investigated by state agencies and facing the possibility of being prosecuted and seeing their trans children placed in foster care. See page 11 >>

2022 brought LGBTQ gains amid backdrop of attacks by Lisa Keen

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here was no shortage of dramatic and consequential events to consider as the top stories for the LGBTQ community in 2022, and most of those threaten to spill over into 2023: the U.S. Supreme Court’s interest in significantly undermining equal protection of the law for LGBTQ people; the escalating number of attacks against LGBTQ Pride events, gathering places, and people; and Republican capture of the U.S. House majority. But for every troubling development, there was a happy or hopeful one. Here are our picks for the most important news stories of 2022 for the LGBTQ community:

Number 10: Griner held by Russia

As the U.S. and its European allies announced sanctions against Russia for its invasion of Ukraine, Russian authorities announced March 5 that they had detained an American in Moscow. Brittney Griner, a lesbian professional basketball player and Olympic gold medalist, became the focus of monthslong worldwide attention after she was detained at a Russian airport, accused of possessing marijuana. Authorities held her just a week before Russia invaded Ukraine.

Bigstock photo

Russia released WNBA star Brittney Griner on December 8.

Griner acknowledged having a small amount of hash oil in her bag, saying it was for medical purposes and that she had meant to leave it at home. Griner had been playing with a Russian women’s basketball team for eight years, earning four times what she earns as an All-Star member of the Phoenix Mercury WNBA team. Russian authorities scheduled her for trial.

Happy New Year from all of us at the Bay Area Reporter

By May, the U.S. government announced it believed Griner was being “wrongfully detained,” and Russian media began claiming that a deal was underway for the U.S. to exchange a convicted Russian arms distributor for Griner’s return. Meanwhile, Griner’s spouse, Cherelle Griner, made appearances on national media outlets to pressure President Joe Biden to do more to secure Griner’s release. Russian officials put Griner on trial in early July and declared her to be guilty. In August, they announced she was sentenced to nine years in prison. More than three months went by before the White House suddenly announced it had reached an agreement with Russian officials to exchange the arms dealer Viktor Bout for Griner. On December 8, Griner was freed and flown back to the U.S. She issued a statement December 16, thanking all the people and fans who provided love and help. She also noted that she will be playing with the Phoenix Mercury again next season. She also pledged to work to help secure the release of Paul Whelan, another American sentenced to a long prison term in Russia. The Biden administration wanted both Griner and Whelen released, but only Griner was freed. See page 10 >>

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