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U.S. | Racial Justice

Secure the rights of Esther Garatie
by William Gomes ( williamgomes.org [at] gmail.com )
Wednesday Dec 28th, 2011 5:05 AM
In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.

December 28, 2011



Mr.Rick Perry

Governor of Texas

Office of the Governor
State Insurance Building
1100 San Jacinto
Austin, Texas 78701



Re: Secure the rights of Esther Garatie



Dear Governor Rick Perry,



I have received new information and request your urgent intervention in the following situation in Dallas, Texas.



I have been informed by reliable sources that Esther Garatie is a Marine veteran, wounded in service to her country and honorably discharged from the Marines as a result.



Esther Garatie walked into a mental health clinic at the Dallas VA Medical Center on October 12, 2011 and was seen by a nurse practitioner named Lincy T. Pandithurai. Nurse Pandithurai subjected Esther to a vitriolic, hateful rant that lasted three hours on the topic of Esther’s sexual orientation. Ms. Pandithurai told Esther that the only reason she’s depressed is because she’s gay.

When Esther broke into tears, Ms. Pandithurai announced that her tears were clearly a manifestation of guilt over her sexual orientation. Ms. Pandithurai stated that Esther is living in darkness and needs to “return to the light.” She also told Esther that there are churches now that “actually accept homosexuals and can help you get your life back on track and stop choosing to be gay.” She further stated that “homosexuality used to be a diagnosis until recently, but they changed it because of Obama.”

This is only a brief sample of the verbal and psychological abuse Esther was subjected to. As a result of this mistreatment, Esther left the VA in far more danger of harming herself than when she entered.

The American Psychological Association, the American Psychiatric Association and the American Nurses Association have all stated publicly that homosexuality is not a choice and is not pathological. So-called “reparative therapy,” which Ms. Pandithurai seemed to be attempting in brief, has also been condemned by these same organizations as ineffective and potentially damaging psychologically.

Nurse Pandithurai was operating as an employee of the U.S. Government, a mental health professional, and a licensed Nurse Practitioner. Her treatment of Esther violated laws and ethics governing all of these roles. The Establishment Clause in the First Amendment prohibits the government, and thus any government employee acting in her professional capacity, from endorsing any particular religion or, indeed, religion at all. Clearly Ms. Pandithurai is acting in violation of U.S. Constitutional law. She is also practicing in violation of state law in the form of Texas’ Nursing Practice Act, Sec. 301.452(b)(10) and 301.452(b)(13).

Governor Rick Perry. I want share some good precedents regarding LGBT rights in the United States.

On June 28, 2000, the Supreme Court of the United States ruled that the Boy Scouts of America had a First Amendment right to exclude people from its organization on the basis of sexual orientation, irrespective of any applicable civil rights laws.



On May 20, 1996, the Supreme Court of the United States ruled in Romer v. Evans against an amendment to the Colorado state constitution that would have prevented any city, town or county in the state from taking any legislative, executive, or judicial action to protect homosexual or bisexual citizens from discrimination on the basis of their sexual orientation.



In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.



I strongly condemn the acts of harassment against the Esther Garatie , which blatantly violate regional and international instruments on human rights that guarantee freedom of expression, in particular the International Covenant on Political and Civil Rights.



I request to order an official investigation on the said matter as early as possible and take proper action.



I thank you for your attention to this important matter.



Sincerely yours,



William Nicholas Gomes

William’s Desk

http://www.williamgomes.org