CLEVELAND – A 20 year old Ohio man was arrested on Friday and charged with one count of malicious use of explosive materials and one count of possessing a destructive device. Aimenn D. Penny, of Alliance, is alleged in court documents with using Molotov cocktails against the Community Church of Chesterland (CCC), in Chesterland, Ohio, on March 25, in an attempt to burn the church to the ground.

“As alleged in the charging documents, the defendant used an explosive device to cause harm to a church he found objectionable,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “It is the solemn duty of the Department of Justice to safeguard the right of all Americans to free expression, and I commend the work of law enforcement in this matter.”

“Violence and destruction are never an acceptable way to express a disagreement with a particular viewpoint,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “While, as Americans, we enjoy the right to disagree, doing so peacefully is the only appropriate option. The United States Attorney’s Office for the Northern District of Ohio remains committed to protecting the rights of all citizens to express their viewpoints peacefully.”

Law & Crime reported that the FBI reported finding a Nazi flag, a White Lives Matter of Ohio T-shirt, and other hateful memorabilia in Penny’s home, along with a gas mask, multiple rolls of blue painter’s tape, and gas cans.

Penny is one of the men suspected of throwing Molotov cocktails at the Community Church of Chesterland, allegedly in response to the congregation’s plans to hold two drag-related events on Saturday, April 1.

The church’s representatives reported receiving hate mail before last week’s attack, which scorched its front door, damaged the exterior and broke a sign at the corner of the property. Surveying the grounds of the crime scene, Chester Township Police said they recovered broken glass pieces from bottles of Denaka Vodka and Corona beer.

Law & Crime also reported that well before the Molotov cocktail strike, authorities say, Penny showed up to another drag queen event on March 11, where members of White Lives Matter were carrying “swastika flags and shouting racial and homophobic slurs and ‘Heil Hitler.’”

If convicted, Penny faces a mandatory minimum of five years and up to 20 years in prison for the malicious use of explosive materials charge and up to 10 years in prison for the possession of a destructive device charge.

The FBI Cleveland Field Office is continuing to investigate the case:

WASHINGTON – Presidential Domestic Policy Advisor Susan Rice and U.S. Surgeon General Dr. Vivek Murthy hosted a roundtable at the White House Friday about the joys, hopes, and challenges that transgender children are experiencing the White House said in a statement released Saturday.

The roundtable took place on International Transgender Day of Visibility, an annual event occurring on March 31 dedicated to celebrating transgender people and raising awareness of discrimination faced by transgender people worldwide, as well as a celebration of their contributions to society.

Trans Day of Visibility 2023 was one of the largest in years. Huge crowds gathered in cities across the United States in celebrations of visibility and protest as over 450 bills that target queer and trans youth are under consideration or have been passed by state legislatures.

Transgender kids and their parents traveled to the White House from states that have attacked the rights of transgender kids, including Arizona, Texas, and Virginia, and shared the devastating effects these political attacks are having on their mental health and wellbeing. 

As one round table participant shared, it feels scary when the politicians elected to represent you don’t care about your wellbeing. Families participating in today’s roundtable also highlighted that transgender kids can thrive when parents love and affirm their transgender children, and when transgender kids have access to the support they need at school and in their communities.

Ambassador Rice and Dr. Murthy reiterated the Biden-Harris Administration’s commitment to standing up for the rights of transgender kids and their parents, and to challenging state laws that harm transgender kids. They also thanked the families for their unwavering advocacy and bravery in challenging these discriminatory laws.

MEMPHIS – U. S. District Court Judge Thomas L. Parker of the U. S. District Court for the Western District of Tennessee ordered a temporary injunction halting a just enacted Tennessee law that criminalizes some drag performances, hours before it was set to take effect Saturday, April 1.

A Shelby County-Memphis based LGBTQ theatre company, Friends of George’s, had sued the state of Tennessee, claiming the law unconstitutional under the First Amendment. In his 15 page order issued late Friday evening Parker wrote:

“If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. […] The Court finds that, as it stands, the record here suggests that when the legislature passed this Statute, it missed the mark.”

The theatre troupe, which had a scheduled April 14 performance, had argued in their motion for a restraining order: “This law threatens to force a theatre troupe into a nightclub, because Tennessee legislators believe they have the right to make their own opinions about drag into law. Plaintiff’s other option is to proceed as planned, knowing that the Friends of George’s drag performers could face criminal — even felony — charges.”

In their filing, the plaintiff’s also argued that as an example should in a performance a drag performer alongside a Tennessee Titan cheerleader, (A National Football League member team based in Nashville) with minor children present, that under the language of the anti-drag law, only the drag performer would be breaking the law.

“Thus, the prohibited speech is defined by the identity of the drag performer — and the message he conveys,” attorneys for Friends of George’s wrote, adding that by that definition, violates the First Amendment.

Parker, who agreed issued a temporary injunction which will expire in 14 days unless he decides to extend it for an additional period under the Federal Rule of Civil Procedure. The court will hold a status conference next week with all parties to schedule future hearings.

The office of Tennessee Attorney General Jonathan Skrmetti and Tennessee Governor Bill Lee’s office did not immediately respond to requests for comment Friday night.

The theatre company tweeted late Friday: “Friends Of George’s was successful in the obtaining a Temporary Restraining Order, which means that the “drag ban” will NOT go into affect at midnight tonight. This is a terrific first step in an ongoing battle.”

Friends Of George's was successful in the obtaining a Temporary Restraining Order, which means that the "drag ban" will NOT go into affect at midnight tonight. This is a terrific first step in an ongoing battle. https://t.co/1Nf2TgOygF pic.twitter.com/WKvIO9jaqy

— Friends of George's (@GeorgesShowtime) April 1, 2023

Mark Campbell, president of the board of directors of Friends of George’s, issued a statement that said in part: “We won because this is a bad law.”

FORT WORTH, Tx. – U.S. Department of Justice attorneys filed a notice of appeal Friday with the 5th U.S. Circuit Court of Appeals on behalf of the Department of Health and Human Services after U.S. District Judge Reed O’Connor ruled Thursday that employers in the United States cannot be forced to cover specified preventive health care services under the Affordable Care Act.

Thursday’s ruling means that more than 150 million Americans on employer-sponsored health plans will lose some cost-free coverage for immunizations, contraception,  cancer screenings, and the HIV preventative PrEP.

O’Connor’s ruling struck down the recommendations that have been issued by the U.S. Preventive Services Task Force regarding the preventive care treatments provisions required by the ACA directing insurers provide at no cost to the patient.

White House Press Secretary Karine Jean-Pierre released a statement on the Justice Department decision to appeal:

“The President is glad to see the Department of Justice is appealing the judge’s decision, which blocks a key provision of the Affordable Care Act that has ensured free access to preventive health care for 150 million Americans. This case is yet another attack on the Affordable Care Act – which has been the law of the land for 13 years and survived three challenges before the Supreme Court.
 
Preventive care saves lives, saves families money, and protects and improves our health. Because of the ACA, millions of Americans have access to free cancer and heart disease screenings. This decision threatens to jeopardize critical care.
 
The Administration will continue to fight to improve health care and make it more affordable for hard-working families, even in the face of attacks from special interests.”

AIDS Healthcare Foundation (AHF) founder and president Michael Weinstein decried O’Connor’s ruling saying:

“Stripping away access to preventive care will hurt tens of millions of Americans. These services are essential, and eliminating them will have dangerous consequences. While we expect this unconstitutional ruling ultimately will fail, the decision creates uncertainty and is a threat to public health.”

“With this devastating ruling, a Trump-appointed judge placed the health of millions of Americans in extreme danger, based on an extremist political agenda. Undermining screenings and treatment for cancer, blood pressure, pregnancy, and mental health doesn’t just hurt individuals – it damages the health of the entire country,” California State Senator Wiener said.

“The effect of this decision on HIV prevention will be disastrous. In recent years, we’ve made incredible progress reducing the number of new HIV infections, largely because hundreds of thousands of people are now taking PrEP, an HIV prevention drug proven to be essentially 100% effective. This decision reverses that progress by allowing health plans to charge patients through the nose for this life-saving medication, raising barriers to access for the communities of LGBTQ people and people of color most at risk. Judge O’Connor will soon have thousands of new HIV cases on his conscience,” Wiener added.

Equality California, the nation’s largest statewide LGBTQ+ civil rights organization, released the following statement from Executive Director Tony Hoang in response to a ruling from O’Connor:

“Judge Reed O’Connor, already having attempted to invalidate the Affordable Care Act as a whole in 2018, has once again issued a ruling that puts the lives of Americans in danger. Preventive care is essential in helping to screen for potential severe health conditions and attempt to mitigate them — this ruling affects screenings for cancer, diabetes, STDs, cardiovascular disease, and so much more.

“More than 150 million Americans currently have private insurance with coverage for preventive care under the ACA, yet a partisan judge in Texas is attempting to single handedly rollback access to these basic health care services. Equality California is committed to ensuring that these critical preventive services remain in place for the health of all Americans. We expect an appeal of this decision immediately. 

“Thankfully, most health plans in California are unaffected by today’s ruling because existing state law already requires health plans regulated in California to cover preventive services without cost sharing. Today’s ruling may affect a small subset of employer-sponsored health plans that are not regulated by the state.

“Equality California is proud to be sponsoring legislation with Assemblymember Rick Chavez Zbur and Insurance Commissioner Ricardo Lara, AB 1645, which will strengthen existing law and go even further to ensure that Californians have access to essential preventive services, including STD screening and PrEP for HIV prevention. While right-wing judges and politicians are attempting to roll back our rights and inflict harm on LGBTQ+ people, California will continue doubling down to protect the health and safety of our communities.”

Read the notice of appeal:

WASHINGTON — Upwards of 1,000 people on Friday participated in a Transgender rights march from Union Station to the U.S. Capitol.

SMYAL Executive Director Erin Whelan; Human Rights Campaign President Kelley Robinson and Japer Bowles, director of the D.C. Mayor’s Office of LGBTQ Affairs, are among those who participated in the March for Queer and Trans Youth Autonomy that Queer Youth Assemble organized to coincide with the Transgender Day of Visibility. 

Queer Youth Assemble advocates for young LGBTQ+ and intersex people. The group’s website notes it organized Transgender Day of Visibility marches across the country on Friday.

“This march has reached so many people around the country because of our strength as individuals and as a community,” said Queer Youth Assemble Co-president Alia Cusolito at the beginning of a rally that took place in front of the Capitol Reflecting Pool after the march. “This is a heavy time. It’s a frightening time and a necessary time to speak up.” 

Samira Burnside, a 16-year-old trans woman from Tampa, Fla., spoke after Cusolito.

“These last few months have been hard; hard for all of us,” said Burnside. “As Republicans swept into more seats than they held last year and another election cycle begins, transgenderism has become the battleground through which the cultural war finds itself reborn, more violent, more angry, more terrible.”

Massachusetts Commission on LGBTQ Youth Executive Director Shaplaie Brooks noted “these attacks are strategic.”

“Grown adults are bullying LGBTQ youth,” said Brooks.

This year’s Transgender Day of Visibility took place against the backdrop of a proliferation of anti-Transgender bills and laws in states across the country.

Kentucky lawmakers on Wednesday overrode Democratic Gov. Andy Beshear’s veto of a bill that will, among other things, ban gender-affirming medical care for Trans and nonbinary people who are under 18. Republican South Dakota Gov. Kristi Noem in February signed a similar measure into law. 

“Transgender Americans deserve to be safe and supported in every community — but today, across our country, MAGA extremists are advancing hundreds of hateful and extreme state laws that target Transgender kids and their families. No one should have to be brave just to be themselves,” said President Joe Biden on Friday in his Transgender Day of Visibility statement.

“Let me be clear: These attacks are un-American and must end,” he added. “The bullying, discrimination, and political attacks that Trans kids face have exacerbated our national mental health crisis. More than half of Transgender youth say they have seriously considered suicide. Loving parents are terrified for their children’s futures.”

Maryland Gov. Wes Moore on Friday became the state’s first governor to publicly commemorate Transgender Day of Visibility.

“People who have the courage to demand visibility, even after facing hardship — in some cases, after facing violence and poverty — they represent the very best of Maryland. We need to elevate their stories, embrace their courage, and celebrate their humanity,” he said before he signed a proclamation that proclaimed March 31, 2023, as International Transgender Day of Visibility in Maryland. “By signing this proclamation, we are taking a step forward. And I look forward to working with all of you to continue that march in the years to come.”

U.S. Reps. Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), Mark Pocan (D-Wis.), Mark Takano (D-Calif.) and David Cicilline (D-R.I.) and U.S. Sen. Ed Markey (D-Mass.) on Thursday reintroduced the Transgender Bill of Rights, which a press release from Jayapal’s office notes would provide “a comprehensive policy framework to provide protections for Transgender and nonbinary people, ensuring that everyone has the opportunity to thrive, regardless of their gender identity or expression.”

“As the very proud mother of an incredible trans daughter, I am deeply disturbed by the rise in anti-trans legislation at all levels of government and at the uptick of transphobic violence,” said Jayapal on Friday during a virtual Transgender Day of Visibility town hall.

Jacobs, who represents California’s 51st Congressional District, noted her brother is Trans and another sibling is gender non-conforming.

The California Democrat said “one of the proudest moments of my life” was when she officiated her brother’s wedding late last year. Jacobs noted it took place the same week that Congress passed the Respect for Marriage Act. 

“His existence deserves to be recognized and respected, his wedding deserves to be celebrated,” said Jacobs, referring to her brother. “His life deserves to be protected, just like every other person and every other trans person.”

Delaware state Sen. Sarah McBride, Whitman-Walker Institute Kellan Baker, National Center for Transgender Equality Executive Director Rigo Heng-Lehtinen and Athlete Ally Ambassador Kaiya McCullough are among those who also participated in the town hall.

TALLAHASSEE, FL — On International Transgender Day of Visibility, hundreds of students from across the state descended on the Capitol to protest the legislature’s fast-tracking of Governor DeSantis’ agenda of book banning and classroom censorship and assaults on academic and medical freedom.

Buses arrived from South and Central Florida in a collaboration between high school, college and university students called the Student Unity Coalition.

Today, the FL House will vote on a bill to expand Don’t Say LGBTQ, ban parents from telling schools how their child should be addressed, & allow anyone anywhere to challenge a book in FL’s schools.

Outside, hundreds of students from across the state are arriving to protest. pic.twitter.com/G8wSwgjhDd

— Equality Florida (@equalityfl) March 31, 2023

Organizers marched the coalition from Florida State University campus into the halls of the Capitol building just as the House of Representatives voted 77-35 in favor of HB 1069, which would expand the Don’t Say LGBTQ law’s censorship provisions through 8th grade, ban parents from requiring the school system use their child’s correct pronouns, and escalating book bans, allowing one person from anywhere in the nation to challenge a book in a Florida school, prompting its immediate removal pending a lengthy review.

This legislative session (and DeSantis regime) in a nutshell: students chanting so loudly in the halls to demand equitable, safe schools that they briefly interrupt a floor rant from Rep. @RalphMassullo about kids identifying as cats and being provided litter boxes in class (?). https://t.co/3ym0DgkD62

— Brandon Wolf (@bjoewolf) March 31, 2023

“The students who mobilized in the hundreds today sent a clear message about the Florida they want to grow up in,” said Joe Saunders, Equality Florida Senior Political Director. “They want a Florida that values freedom — real freedom. Free states don’t ban books. Free states don’t censor LGBTQ people from society or strip parents of their right to ensure their child is respected in school. Students and families across Florida are fed up with this governor’s agenda that has put a target on the backs of LGBTQ people. Shame on DeSantis’ legislative cronies for peddling more anti-LGBTQ lies on the House floor today and ramming through an expansion of the censorship policies that have emptied bookshelves across the state and wreaked havoc on our schools. Shame on them for ignoring the voices outside demanding a state that respects all families and protects all students.”

House passage of HB 1069 comes as last year’s Don’t Say LGBTQ law wreaks havoc on Florida’s schools and drives educators and families from the state. DeSantis’ Florida has become synonymous with the sweeping book bans that are targeting books with LBGTQ characters or Black history themes, including The Life of Rosa Parks and And Tango Makes Three. Students’ graduation speeches have been censored.

Rainbow Safe Space stickers have been peeled from classroom windows. Districts have canceled long standing after school events and refused to recognize LGBTQ History Month.

The rampant right wing censorship has exacerbated Florida’s exodus of educators, with vacant teacher positions ballooning to over 8,000, and, according to a recent survey from the Williams Institute, has led a majority of LGBTQ parents in the state to consider leaving Florida altogether.

Students react to hearing the news of the bill’s passage. pic.twitter.com/30aWe9SsUh

— Equality Florida (@equalityfl) March 31, 2023

On Thursday, parents and educators held a joint press conference outside the House chamber to decry this legislation and other proposals that would strip them, their students, and their families of the rights to academic and medical freedom.

That same day, Republicans lawmakers rejected numerous reasonable amendments to HB 1069, including a Parental Rights amendment by Representative Rita Harris that would have allowed parents to write a letter instructing schools on what pronouns their child should be addressed with, a clarifying amendment from Representative Gantt that would have finally defined the term “classroom instruction,” which bill sponsor Representative Stan McClain acknowledged has been left undefined and vague, and a Marriage Equality amendment by Representative Michele Rayner-Goolsby that would have struck outdated and bigoted sex education language that mandates instruction on the benefits of “monogamous, heterosexual marriage.”

The over 150 high school and college students who rallied in Tallahassee filled the Capitol rotunda just before 1pm (EST), with their chants of “this is what democracy looks like” temporarily interrupting a disinformation-filled rant by GOP Representative, and sponsor of the bill to criminalize medical care for transgender youth, Ralph Massullo.

The Don’t Say LGBTQ Expansion bill’s Senate version, SB 1320, will move next to its final committee, Fiscal Policy.

FT. WORTH – U.S. District Judge Reed O’Connor ruled Thursday that employers in the United States cannot be forced to cover specified preventive health care services under the Affordable Care Act.

Thursday’s ruling means that more than 150 million Americans on employer-sponsored health plans will lose some cost-free coverage for immunizations, contraception,  cancer screenings, and the HIV preventative PrEP.

O’Connor’s ruling struck down the recommendations that have been issued by the U.S. Preventive Services Task Force regarding the preventive care treatments provisions required by the ACA directing insurers provide at no cost to the patient.

Last September he had ruled that ACA’s PrEP mandate unlawful, this was the ACA requirement that insurers and employers offer plans that cover HIV-prevention measures such as PrEP for free.  Reed cited that under the Religious Freedom Restoration Act, a law that “ensures that interests in religious freedom are protected.” Thursday’s ruling was in follow-up in a broader context.

Axios noted: Under the ACA, most health insurance plans must cover certain recommended preventive services, including HIV testing for people aged 15-65 and HIV PrEP for adults who are at high risk of getting HIV.

The ruling stemmed from a case brought by six individuals and two Christian-owned businesses who argued that they should not be mandated to offer coverage of HIV PrEP because they did not want to encourage “homosexual behavior.”

According to a recent analysis by the Kaiser Family Foundation, there are some services that will continue to be available at no charge under O’Connor’s ruling. These include vaccinations immunizations for the flu, hepatitis, measles, shingles and chickenpox although excluding COVID-19 vaccines, well-woman and well-child visits, and screenings for heart disease, cervical cancer, diabetes and breast cancer.

CNN reported that certain free preventive services for children, such as autism and vision screenings and well-baby visits, and for women, such as mammograms, well-woman visits and breastfeeding support programs will continue to be covered.

The U.S. Department of Health and Human Services and the U.S. Department of Justice did not respond to requests for comment. It is expected that the Biden Administration will appeal.

WASHINGTON — President Joe Biden on Thursday issued a proclamation that recognizes the Transgender Day of Visibility.

“Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know — people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves,” reads the proclamation. “Today, we show millions of Transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, but no one should have to be brave just to be themselves. Every American deserves that freedom.”

Biden said “Transgender Americans shape our nation’s soul — proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families and much more.”  

“As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly,” he said. “As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens. But today, too many Transgender Americans are still denied those rights and freedoms.”  

Biden notes “a wave of discriminatory state laws is targeting Transgender youth, terrifying families and hurting kids who are not hurting anyone.”  

“An epidemic of violence against Transgender women and girls, in particular women and girls of color, has taken lives far too soon,” he added. “Last year’s Club Q shooting in Colorado was another painful example of this kind of violence — a stain on the conscience of our nation.”

The full proclamation is below:

TRANSGENDER DAY OF VISIBILITY, 2023  – – – – – – –  BY THE PRESIDENT OF THE UNITED STATES OF AMERICA   A PROCLAMATION

Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know — people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves. Today, we show millions of Transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, but no one should have to be brave just to be themselves. Every American deserves that freedom.      Transgender Americans shape our Nation’s soul — proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families, and much more. As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly. As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens. But today, too many Transgender Americans are still denied those rights and freedoms. A wave of discriminatory state laws is targeting Transgender youth, terrifying families and hurting kids who are not hurting anyone. An epidemic of violence against Transgender women and girls, in particular women and girls of color, has taken lives far too soon. Last year’s Club Q shooting in Colorado was another painful example of this kind of violence — a stain on the conscience of our nation.      My administration has fought to end these injustices from day one, working to ensure that Transgender people and the entire LGBTQI+ community can live openly and safely. On my first day as president, I issued an executive order directing the federal government to root out discrimination against LGBTQI+ people and their families. We have appointed a record number of openly LGBTQI+ leaders, and I was proud to rescind the ban on openly Transgender people serving in the military. We are also working to make public spaces and travel more accessible, including with more inclusive gender markers on United States passports. We are improving access to public services and entitlements like Social Security. We are cracking down on discrimination in housing and education. And last December, I signed the Respect for Marriage Act into law, ensuring that every American can marry the person they love and have that marriage accepted, period.      Meanwhile, we are also working to ease the tremendous strain that discrimination, bullying, and harassment can put on Transgender children — more than half of whom seriously considered suicide in the last year. The Department of Education is, for example, helping ensure that Transgender students have equal opportunities to learn and thrive at school, and the Department of Justice is pushing back against extreme laws that seek to ban evidence-based gender-affirming health care.      There is much more to do. I continue to call on the Congress to finally pass the Equality Act and extend long-overdue civil rights protections to all LGBTQI+ Americans to ensure they can live with safety and dignity. Together, we also have to keep challenging the hundreds of hateful state laws that have been introduced across the country, making sure every child knows that they are made in the image of God, that they are loved, and that we are standing up for them.      America is founded on the idea that all people are created equal and deserve to be treated equally throughout their lives. We have never fully lived up to that, but we have never walked away from it either. Today, as we celebrate Transgender people, we also celebrate every American’s fundamental right to be themselves, bringing us closer to realizing America’s full promise.      NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2023, as Transgender Day of Visibility. I call upon all Americans to join us in lifting up the lives and voices of Transgender people throughout our nation and to work toward eliminating violence and discrimination against all Transgender, gender nonconforming, and nonbinary people.      IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord two thousand twenty-three, and of the independence of the United States of America the two hundred and forty-seventh.                                  JOSEPH R. BIDEN JR.

FRANKFORT, Ky. – Both chambers of the Kentucky Legislature voted Wednesday to override Governor Andy Beshear’s veto on Senate Bill 150, a sweeping bill that would severely restrict the lives of trans youth in the state.

The law will:

• Ban gender-affirming medical care, including treatments that delay puberty, other forms of hormone therapy and surgery, for trans and nonbinary people under 18 years old. 
• Require revoking the licenses of doctors who provide such services.
• Tell public schools to block trans students from using bathrooms and locker rooms that match their gender identity.
• Allow public school teachers to misgender trans students.
• Prevent public schools from allowing educational presentations that study gender identity or sexual orientation.

Democratic Governor Andy Beshear stressed that the bill conflicted with his faith and noted the bill’s repercussions would include an increase in LGBTQ+ youth suicides: “My faith teaches me that all children are children of God and Senate Bill 150 will endanger the children of Kentucky.” Beshear also called it, “too much government interference in personal healthcare issues and rips away the freedom of parents to make medical decisions for their children.”

In an emailed statement to the Blade, Fairness Campaign Executive Director Chris Hartman reflected on the Assembly’s actions:

“While we lost the battle in the legislature, our defeat is temporary. We will not lose in court. And we are winning in so many other ways. Thousands of Kentucky kids came to the Capitol today to make their voices heard against the worst anti-trans bill in the nation. They are our hope for a Kentucky future that is more fair, more just, and more beautifully diverse and accepting than ever before.

I applaud the brave protesters who stood their ground in the Kentucky House gallery today before being removed by Kentucky State Troopers. Their chants and pain were heard by all in the chamber and were a necessary show of the grief and harm Senate Bill 150 will cause. Transgender children and their families in Kentucky are scared, rightfully so. We will do all we can to ensure they can continue to access the life-saving medical care they deserve.”

According to the Fairness Campaign Executive Director, “Brave, devastated protesters held each other in solidarity & chanted for 30 minutes in the House gallery before being taken out in zip ties by State Troopers.”

BREAKING: Police in the Kentucky State House Chamber are forcefully removing people who are protesting SB 150, which they consider to be an extreme anti-trans bill. @LEX18News pic.twitter.com/urqwPa9Ij0

— Ricky Sayer (@RickyReports) March 29, 2023

SB 150 protesters had arms linked together, preventing police from removing them all at once. @LEX18News pic.twitter.com/gd0XvdrF4L

— Ricky Sayer (@RickyReports) March 29, 2023

HUNTSVILLE, Al. – The family of Nigel Shelby, a Black, openly gay teenager who died by suicide after experiencing severe, unchecked anti-gay harassment and race discrimination while attending Alabama’s Huntsville High School, reached a settlement with the Huntsville City Board of Education, concluding the federal civil rights lawsuit brought by Shelby’s parents following his tragic death.

Nigel was 15 when he died by suicide on April 18, 2019. His parents and estate subsequently filed a federal lawsuit against the Huntsville City Board of Education and school administrator Jo Stafford for violating Nigel’s civil and constitutional rights.

Their complaint, filed in July 2021, alleged that Nigel was deprived of educational opportunities, and ultimately his life, because of deliberate indifference by the Board and Stafford to the anti-gay peer harassment Nigel was experiencing.

The lawsuit also cited a lack of adequate training to prevent and address such harassment, and school officials’ own intentional discrimination against Nigel based on his sexual orientation, nonconformance with sex-stereotypes, and race.

The settlement announced today requires the Board to implement a series of policy and training changes designed to better protect lesbian, gay, bisexual, transgender and queer (LGBTQ) students from sex-based harassment, including by:

• Making Title IX policy changes clarifying that sex-based discrimination includes conduct based on a person’s sexual orientation and nonconformity to gender stereotypes;
• Ensuring additional, readily accessible resources and information on how to identify and report bullying and harassment, including harassment of LGBTQ students, are available for all district students and parents;
• Implementing professional development and external training on best practices for all school administrators, faculty and other personnel who regularly interact with students or are involved in receiving or investigating bullying and harassment complaints, including harassment of LGBTQ students;
• Hiring external consultants with expertise in schools’ prevention and response to LGBTQ harassment and racism to conduct a comprehensive review of the district’s relevant policies, practices, procedures, and training; conduct climate assessments; and make recommendations for improvement;
• Conducting annual school climate surveys to identify and assess harassment and bullying in the district’s schools;
• Developing and implementing district-wide procedures for electronically recording and tracking all incidents of bullying and harassment;
• Continuing to implement a suicide prevention program for students and considering any improvements recommended by the external consultants; and
• Providing annual reports for three years to counsel for Nigel’s family showing compliance with the non-monetary terms of the settlement.

The settlement also includes $840,000 in financial compensation to the family, including damages and attorneys’ fees.

The family’s legal complaint noted that students at his school routinely subjected Nigel to anti-gay slurs and told him that he should kill himself for being gay, resulting in him never feeling safe in the school environment.

Additionally, the complaint alleges that the school’s lead administrator for the freshman class, Jo Stafford, knew about the anti-gay harassment Nigel was experiencing, and the self-harm and suicidal ideation that resulted, yet took inappropriate action to address it, instead blaming Nigel for his own harassment, saying it was the price he had to pay for being gay.

The complaint notes that Stafford also mocked Nigel’s depression, telling Nigel and a classmate dance to “black people’s music” to make Nigel feel better. Stafford never informed Nigel’s parents about the harassment or mental health crisis he was experiencing, nor did she offer Nigel any professional help.

Nigel died by suicide approximately one week after a classmate had taken Nigel to Stafford for help out of concern over Nigel’s self-harming conduct and Nigel had told Stafford how deeply upset he was over the anti-gay harassment he was experiencing.

“There is no amount of money in the world that could ever replace Nigel,” said Camika Shelby, Nigel’s mother. “You can’t put a price on a child. This lawsuit was about bringing change. It was about acknowledging that there needs to be change. It was about saving someone else’s child so that they don’t have to go through the horrible tragedy that I have. I hope this settlement will help bring about that change.”

With more than 300 anti-LGBTQ bills introduced by state lawmakers in the past year, Alabama lawmakers have sought to advance a record number of bills targeting LGBTQ rights, including passing one of the most anti-transgender legislative packages in history. Currently, Alabama joins 24 other states that don’t have laws protecting LGBTQ students from bullying on the basis of sexual orientation and gender identity.

“We’re very pleased that Huntsville City Schools has agreed to make substantial changes to ensure that students like Nigel are protected during a time when LGBTQ students are under attack nationwide,” said Public Justice Students’ Civil Rights Project Director Adele Kimmel. “We know that LGBTQ students and students of color experience discrimination at disproportionately high rates, so it’s critical that schools take proactive steps to protect these students. By amending its Title IX policies to clarify that sex-based discrimination includes conduct based on sexual orientation and nonconformity to gender stereotypes, Huntsville is taking an important step in the right direction.”

In a press release, officials say the school board approved the agreement Tuesday.

“First and foremost, we continue to extend our thoughts and prayers to Nigel’s family, friends and school community,” Huntsville City Schools superintendent Christie Finley said. “While we understand nothing can replace the life of a student, it is our hope that the settlement will bring a sense of peace and closure for all involved.”

“All students have the right to go to school without fear of bullying and harassment for who they are,” said Joseph Wardenski, Founder & Principal of Wardenski, P.C., a civil rights law firm based in New York. “Nigel was denied that right. By bringing this lawsuit, Nigel’s parents are honoring his memory by ensuring that Huntsville will create a safer, more inclusive environment for LGBTQ+ students.”

“While Camika and Patrick lost a son, the world lost a smart, handsome, funny young person with limitless potential,” said retired district judge Martha Lynn Sherrod, who served as co-counsel. “We will not know what or who Nigel would have become, but his legacy inspires all of us to cherish, protect and advocate for our children without regard to sexual orientation. Dr. Martin Luther King said ‘Injustice anywhere is a threat to justice everywhere. Whatever affects one directly, affects all indirectly.’ Injustice or insensitivity aimed at the LGBTQ community affects all of us, and we must continue to work to eradicate prejudice in any form. Schools are not an exception to this rule, but must remain at the forefront to protect our children.”

Nigel’s family is represented by Adele Kimmel, Alexandra Brodsky, and Mollie Berkowitz of Public Justice; Joseph Wardenski of Wardenski P.C.; and M. Lynn Sherrod and Kenneth B. Cole, Jr. of Conchin, Cole, Jordan & Sherrod.