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Opponents use parental rights and anti-trans messages to fight abortion ballot measures

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CHICAGO (AP) — Billboards with the words “STOP Child Gender Surgery.” Pamphlets warning about endangering minors. “PROTECT PARENT RIGHTS” plastered on church bulletins.

As voters in nine states determine whether to enshrine abortion rights in their state constitutions, opponents are using parental rights and anti-transgender messages to try to undermine support for the ballot proposals.

The measures do not mention gender-affirming surgeries, and legal experts say changing existing parental notification and consent laws regarding abortions and gender-affirming care for minors would require court action. But anti-abortion groups hoping to end a losing streak at the ballot box have turned to the type of language many Republican candidates nationwide are using in their own campaigns as they seek to rally conservative Christian voters.

“It’s really outlandish to suggest that this amendment relates to things like gender reassignment surgery for minors,” said Matt Harris, an associate professor of political science at Park University in Parkville, Missouri, a state where abortion rights are on the ballot.

Since the U.S. Supreme Court eliminated constitutional protections for abortion, voters in seven states, including conservative Kentucky, Montana and Ohio, have either protected abortion rights or defeated attempts to curtail them.

“If you can’t win by telling the truth, you need a better argument, even if that means capitalizing on the demonization of trans children,” said Dr. Alex Dworak, a family medicine physician in Omaha, Nebraska, where anti-abortion groups are using the strategy.

Tying abortion-rights ballot initiatives to parental rights and gender-affirming is a strategy borrowed from playbooks used in Michigan and Ohio, where voters nonetheless enshrined abortion rights in the state constitutions.

Both states still require minors to get parental consent for abortions, and the new amendments have not yet impacted parental involvement or gender-affirming care laws in either state, said David Cohen, a law professor at Drexel University.

“It’s just recycling the same strategies,” Cohen said.

In addition to Missouri and Nebraska, states where voters are considering constitutional amendments this fall are Montana, Arizona, Colorado, Florida, Maryland, Nevada and South Dakota.

Missouri’s abortion ballot measure has especially become a target. The amendment would bar the government from infringing on a “person’s fundamental right to reproductive freedom.”

Gov. Mike Parson and U.S. Sen. Josh Hawley, both Republicans, have claimed the proposal would allow minors to get abortions and gender-affirming surgeries without parental involvement.

The amendment protects reproductive health services, “including but not limited to” a list of items such as prenatal care, childbirth, birth control and abortion. It does not mention gender-affirming care, but Missouri state Sen. Mary Elizabeth Coleman, a Republican and lawyer with the conservative Thomas More Society, said it’s possible that could be considered reproductive health services.

Several legal experts told The Associated Press that would require a court ruling that is improbable.

“It would be a real stretch for any court to say that anything connected with gender-affirming care counts as reproductive health care,” said Saint Louis University law and gender studies professor Marcia McCormick. She noted that examples listed as reproductive health care in the Missouri amendment are all directly related to pregnancy.

As for parental consent for minors’ abortions, she pointed to an existing state law that is written similarly to one the U.S. Supreme Court found constitutional, even before Roe v. Wade was overturned.

Most states have parental involvement laws, whether requiring parental consent or notification. Even many Democratic-leaning states with explicit protections for transgender rights require parental involvement before an abortion or gender-affirming care for minors, said Mary Ruth Ziegler, a law professor at the University of California, Davis School of Law.

A state high court would have to overturn such laws, which is highly unlikely from conservative majorities in many of the states with abortion on the ballot, experts said.

In New York, a proposed amendment to the state constitution would expand antidiscrimination protections to include ethnicity, national origin, age, disability and “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.” The constitution already bans discrimination based on race, color, creed or religion.

The measure does not mention abortion, and experts say it might be more vulnerable to opponent’s attacks.

The Coalition to Protect Kids-NY calls it the “Parent Replacement Act.” But Sasha Ahuja, campaign director for New Yorkers for Equal Rights, said the measure “does not change the existing common-sense laws that are already on the books.”

Rick Weiland, co-founder of Dakotans for Health, the group behind South Dakota ‘s proposed amendment said it uses the Roe v. Wade framework “almost word for word.”

“All you have to do is look back at what was allowed under Roe, and there were always requirements for parental involvement,” Weiland said.

Caroline Woods, spokesperson for the anti-abortion group Life Defense Fund, said the measure “means loving parents will be completely cut out of the equation.” Weiland said those claims are part of a “constant stream of misinformation” from opponents.

If this campaign strategy failed in Michigan and Ohio, why are anti-abortion groups leaning on it for the November elections?

Ziegler, the University of California, Davis law professor, said abortion-rights opponents know they may be “playing on more favorable terrain” in more conservative states like Missouri or in states like Florida that have higher thresholds for passing ballot measures.

“Anti-abortion groups are still looking for a winning recipe,” Ziegler said.

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Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this report.

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The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.

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What to know about Transgender Day of Remembrance and violence against trans people

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Wednesday is Transgender Day of Remembrance, which focuses on trans people who have lost their lives because of violence. Here is what to know.

What is Transgender Day of Remembrance?

Transgender Day of Remembrance is marked every Nov. 20 and began in 1999 to honor Rita Hester, a trans woman who was killed in Massachusetts.

The day marks the end of Transgender Awareness Week, which is used to raise public knowledge about transgender people and the issues they face.

The Williams Institute at UCLA Law estimates that 1.6 million people in the U.S. ages 13 and older identify as transgender. And it says transgender people are over four times more likely than cisgender people to be victims of violence, including rape and assault.

Candlelight vigils, memorials and other events are held to mark the day. The Human Rights Campaign also released its annual report on deaths of transgender people in conjunction with the day.

International Transgender Day of Visibility, which is designed to bring attention to transgender people, is commemorated in March.

How many transgender people have lost their lives to violence?

At least 36 transgender people have died from violence in the 12 months since the last Day of Remembrance, the Human Rights Campaign said in its annual report. Since 2013, the organization has recorded the deaths from violence of 372 victims who were transgender and gender-expansive — which refers to someone with a more flexible range of gender identity or expression than typically associated with the binary gender system.

The number of victims is likely higher because many deaths often aren’t reported or are misreported, or misgendering of the victims leads to delays in their identification.

The Human Rights Campaign said there was a slight increase from the previous year, when it identified at least 33 transgender victims of violence.

A large number of the victims tracked over the past year were young or people of color, with Black transgender women making up half of the 36 identified. The youngest victim identified was 14-year-old Pauly Likens of Pennsylvania.

Two-thirds of the fatalities involved a firearm, the organization said. Nearly a third of the victims with a known killer were killed by an intimate partner, a friend or a family member.

What is at stake politically?

This year’s remembrance follows an election where advocates say victories by President-elect Donald Trump and other Republican candidates who focused on issues like transgender athletes dealt a setback to trans people’s rights.

It also follows a wave of measures enacted in Republican states this year restricting the rights of transgender people, especially youth.

Half the states have banned gender-affirming medical care for transgender youth. The U.S. Supreme Court is set to hear arguments next month in a lawsuit challenging Tennessee’s ban.

Advocates say the legislation and rhetoric is creating fewer safe spaces for transgender people, and they worry it could spur more violence against trans people.

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Associated Press writer Jeff McMillan in northeastern Pennsylvania contributed to this report.

The Canadian Press. All rights reserved.



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Faulty fentanyl tests spurred NYC’s push to ban mail on Rikers Island

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NEW YORK (AP) — In 2022, New York City’s jails commissioner, Louis Molina, issued a dire warning to local lawmakers: fentanyl was pouring into Rikers Island through the mail, he said, spurring an overdose crisis among the jail’s detainees and putting guards at risk.

As evidence of the insidious threat, Molina passed around a child’s drawing of a reindeer, one of hundreds of seized items he said had been “literally soaked in the drug and mailed to people in custody.”

But that claim was based on faulty drug-testing kits with a stunning 85% false positive rate, according to a report released Wednesday by the city’s Department of Investigation. The report found the city vastly overstated the prevalence of fentanyl sent by mail to detainees.

When investigators retested 71 pieces of mail initially flagged by field tests as containing fentanyl, only 10 actually showed traces of the drug. The drawing of a reindeer highlighted by Molina was fentanyl-free.

Field tests indicating an influx of fentanyl-laced mail to Rikers Island fueled a yearslong campaign by Mayor Eric Adams’ administration to bar people in city custody from receiving physical mail.

As a replacement, city officials proposed redirecting mail to an offsite vendor, who would then upload it digitally for the incarcerated person to read on a tablet — a practice used in other correctional systems, including New York’s state prisons. So far, the proposal has been blocked by a jail oversight board.

Jocelyn Strauber, the commissioner of the Department of Investigation, said the city should reassess its ongoing effort to bar detainees from receiving mail, given the report’s findings.

“The field tests don’t support a concern that a high rate of fentanyl-laced objects are coming in from the mail,” she told The Associated Press. “To the extent policy determinations are based on flawed data, they ought to be reconsidered.”

Detainee advocates have long contended that drugs primarily enter the jail system via employees, who can easily smuggle them inside and sell them to gang leaders. In recent years, dozens of correction officers have been charged in multiple investigations of smuggling rings on Rikers Island.

In its report, the Department of Investigation said corrections officials had failed to implement many of the department’s previous recommendations aimed at screening staff for contraband.

In an email statement, a Department of Correction spokesperson said the agency would review the report and continue refining its testing processes. “Field tests are a tool used to quickly assess potential threats, and while not perfect, they play an important role in our safety protocols,” the statement said.

Such field tests have gained popularity in recent years alongside a spike in opioid overdose deaths nationwide, allowing law enforcement officials to bypass the lengthy lab process to determine if a substance contains narcotics.

But experts have long raised questions about the strips’ effectiveness. Under federal regulations, manufacturers are required to include language on their packaging indicating that results are preliminary until confirmed by a lab — something that rarely happens in correctional settings.

Last November, New York’s state prison system was found to have wrongly punished more than 2,000 detainees due to false positives from drug tests manufactured by Sirchie Finger Print Laboratories.

For years, the test strips used on Rikers Island, the city-run jail system, were also provided by Sirchie. But after complaints about the reliability of the tests, the Department of Correction switched to kits made by DetectaChem last April.

The review by the Department of Investigation found DetectaChem’s test strips had a false positive rate of 79%, while Sirchie’s were wrong 91% of the time.

Inquiries to Sirchie were not returned.

Travis Kisner, the chief operating officer of DetectaChem, said the company was still reviewing the report, but added: “We stand behind our product.”

The Canadian Press. All rights reserved.



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Coroner’s inquest into 2016 death of Ottawa man hears from ex-cop involved in arrest

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A former police officer involved in the violent arrest of an Ottawa man who later died in hospital told a coroner’s inquest that he was traumatized by the incident and worried about his own safety at the time. 

The inquest into the July 2016 death of 38-year-old Abdirahman Abdi began earlier this week, with witnesses testifying Wednesday.

Abdi died after police responded to a 911 call reporting that a man was groping women outside a coffee shop in Ottawa’s Hintonburg neighbourhood. The inquest has heard that Abdi appeared to be in a mental health crisis at the time. 

Former Const. David Weir, who was the first responding officer, testified Wednesday that Abdi’s death was a “critical stress incident.”

“It still affects me to this day. It’s the reason why I’m not working,” he said.

Weir, who was a member of the Ottawa Police Service from 2002 until earlier this year, said police were short staffed that day and he volunteered to take the call about Abdi.

Weir said the report he received through police dispatch did not match the scene he arrived at that day.

“This guy’s behaviour is so erratic,” he said, adding that his thinking at the time was: “I’m going to end this because it’s out of control. It’s just me and this large man.”

Weir described chasing Abdi and repeatedly striking him with a baton in an attempt to get him to stop running.

“It was like I hit him with a fly swatter,” Weir said.

The inquest was shown security camera footage of Abdi’s arrest, with presiding coroner Dr. David Eden thanking the jury for watching what he called a “harrowing” video showing Weir and Const. Daniel Montsion hit and tackle Abdi to the ground. Montsion was charged in the case with manslaughter, aggravated assault and assault with a weapon and was found not guilty in 2020.

“This call has been traumatic for me and still is to this day,” an emotional Weir said. “There are things about it I don’t remember, it’s not because I don’t want to.”

Due to a lack of supervisors on duty, Weir said he was forced to stay at the crime scene instead of being driven to a police station to write his report as was standard procedure.

“We have people trying to crash into the crime scene from behind us … there are people on the street who are yelling,” he said, adding that he heard someone accuse him of crushing Abdi’s head.

Weir said he was worried for his safety in the minutes following the arrest.

“Honest to God, I thought I was going to get a brick to the head,” he said. 

The jurors heard Monday that Abdi was born in Somalia and went to a refugee camp in Kenya with his family before moving to Canada in 2009. 

Through an agreed statement of facts, the inquest heard that Abdi appeared to be in a mental health crisis when he interacted with patrons at a coffee shop on the day of his arrest, with multiple women saying he grabbed their breasts without consent.

The inquest, set to last four weeks, is mandated by law because Abdi was injured while in police custody. The jury is not tasked with determining legal responsibility but it can make recommendations to avoid similar deaths in the future.

A lawsuit Abdi’s family filed against the Ottawa Police Service was settled out of court in 2021.

The details of the settlement are confidential, with both sides agreeing in a statement at the time that “significant improvements” need to be made to how police respond to people experiencing mental health issues.

Abdi’s family said in a statement earlier this week that his death could have been prevented and that they hope the inquest will spur changes. 

This report by The Canadian Press was first published Nov. 20, 2024.

The Canadian Press. All rights reserved.



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