WASHINGTON — Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ+ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ+ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ+ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ+ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ+ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

By Michael Moline | TALLAHASSEE, Fla. – The DeSantis administration plans to punish teachers and principals deemed to be exploiting public school book challenges to, in the governor’s view, “weaponize” Florida’s parental rights laws.

DeSantis leveled that charge Monday during a news conference in Pensacola. On Tuesday, he raised it again during a second news conference in Jacksonville, where he signed legislation restricting nonparents to one book challenge per month.

The challenges come under state law allowing anyone to complain about the content of classroom materials they deem objectionable or pornographic. The laws require removal of challenged books pending reviews that can take considerable time. DeSantis began trying to tone down the situation in February, in advance of the 2024 legislative session.

“Manny, in the Department of Education, they’re going to be holding many principals or teachers accountable who are weaponizing this,” DeSantis said Tuesday, referring to Education Commissioner Manny Diaz Jr.

DeSantis cited Sarasota County teachers who “papered over every book in the classroom, saying, ‘Oh! You can’t have books! The state’s not letting me show you books! That’s a lie. That’s not true. That’s performative.

“And so, that’s somebody who’s entrusted to teach kids putting their political agenda over the best interests of the students’ education and their access to learning. That’s wrong; that’s not going to stand in the state of Florida. So, we don’t have time for your activism; we don’t have time for your nonsense. We have a process in place to empower parents,” the governor said.

Teachers told the Sarasota Herald Tribune in January 2023 that they feared prosecution if they put students in contact with unvetted books.

The Phoenix asked the administration for an explanation of any investigations launched or punishment inflicted on school employees but hasn’t heard back yet.

Rebuttal

Florida Education Association President Andrew Spar issued a rebuttal in the form of a written statement.

“It’s important to remember that Gov. DeSantis’ full throated support is the reason why fringe groups who do not represent the majority of Floridians and often do not have students in the classroom have felt so comfortable removing books off shelves and making Florida the leader in the nation on book banning,” Spar said.

“This rule does nothing to fix the vague language that caused the issue in the first place, no matter how much the Governor and Commissioner Manny Diaz try to shift blame. Schools, teachers, and media specialists have long been asking for guidance on this issue and once again, instead of providing students what they need, Florida’s elected and appointed officials decide to play the blame game instead of taking responsibility,” Spar continued.

The American Library Association has reported that the bulk of the book challenges nationally come from conservatives.

“Recent censorship data are evidence of a growing, well-organized, conservative political movement, the goals of which include removing books about race, history, gender identity, sexuality, and reproductive health from America’s public and school libraries that do not meet their approval,” the association says in a written statement on its website.

“Using social media and other channels, these groups distribute book lists to their local chapters and individual adherents, who then utilize the lists to initiate a mass challenge that can empty the shelves of a library,” the association continues.

Florida saw 2,672 titles challenged during 2023, it says.

Meanwhile, PEN America recorded 1,406 book ban cases in Florida during the 2022-2023 school year, which accounted for 40% of the national total.

One challenge per customer

The new law (HB 1285) restricts challenges by people without children in a school district to one per month, while parents and guardians remain free to issue unlimited challenges.

That would still allow 12 challenges by nonparents per year, Diaz observed during Tuesday’s news conference. However, “Anyone who creates a cottage industry of going around the state and just creating challenges just to gunk up the system and put schools in arrears as far as reviewing these books, that person won’t be able to do it anymore,” Diaz said.

DeSantis complained that the news media have inflated challenges against classic books and biographies of important Americans while playing down other materials, including LGBTQ content, that he considers unsuitable for young kids or even pornographic.

“They’ve said, ‘Oh, you know, you’re not having Rosa Parks’ — and yet that’s on the summer reading list. Things about Hank Aaron, a book of the month from the Department of Education. So that’s clearly a bad-faith challenge, just trying to create a narrative,” DeSantis said.

“Some of those bad-faith actions have been done from people within the school system who are doing that to try to create a narrative. So, Manny will be able to hold those folks accountable because clearly there’s nothing in Florida law that would tell you to do that,” he continued.

Spar observed: “What Gov. DeSantis and Commissioner Manny Diaz always seem to forget when they attack public schools is that they have failed public schools through their punitive policies that have worsened the teacher and staff shortage and kept teacher and staff pay low. It is clear their political agenda is more important than the needs of Florida’s students.”

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Michael Moline has covered politics and the legal system for more than 30 years. He is a former managing editor of the San Francisco Daily Journal and former assistant managing editor of The National Law Journal.

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The preceding article was previously published by the Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

BATON ROUGE, La. – In a letter sent out Monday to all Louisiana school districts, state Superintendent of Education Cade Brumley warned that administrators should not comply with new federal rules that extend civil rights protections to LGBTQ+ students.

The Biden-Harris administration’s revised final rule of Title IX policy protects LGBTQ+ students from discrimination and other abuse was issued by the U.S. Department of Education last Friday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

In his letter, reported by NOLA.com/The Advocate, Brumley said the federal rules, which take effect Aug. 1, would force schools to allow transgender girls to use girls’ restrooms and locker rooms. He also said the rules would compel teachers to call students by their preferred names and pronouns — a requirement that would appear to conflict with a bill in the Louisiana Legislature to protect teachers who refuse to refer to students by pronouns that don’t match their sex assigned at birth.

Lambda Legal praises Biden admin’s finalized Title IX regulations

Brumley said he believes the rules would also conflict would a 2022 state law that bans transgender girls and women from participating on female sports teams at the K-12 school or college level, NOLA.com/The Advocate reported.

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females,” he wrote in the April 22 letter.

Restating his “staunch opposition” to the federal rules, Brumley said “it remains my position that schools should not alter policies or procedures at this time.”

Jennifer Klein, the director of the White House Gender Policy Council, said during a call with reporters Thursday that the administration sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

By Ahmed Jallow | RALEIGH, N.C. – At a town hall meeting in Raleigh on Wednesday night sponsored by the organization Moms for Liberty, national and local leaders of the conservative group blamed unsafe schools, among other reasons, as the cause for North Carolina teachers leaving the profession, rather than low pay.

Roughly 50 people attended the event, which featured the group’s co-founder Tiffany Justice and panelists, including local Moms for Liberty organizers and supporters. The North Carolina Republican Party’s nominee for Superintendent of Public Instruction, Michele Morrow attended the event but did not speak.

Moms for Liberty was founded in Florida in 2021 and gained prominence for its opposition to COVID-19 school closures and mask mandates.

It is now a national organization with chapters in 48 states, including 20 in North Carolina. The group has shifted its focus to curriculum content and calls for limitations on discussions of gender, sexuality, and DEI in schools. The group also calls for the removal of books they believe are inappropriate for certain age groups.

On Wednesday, former Union County Education Board Chair Melissa Merrell was hailed for her resistance to state officials’ efforts aimed at curbing the spread of COVID-19 in 2021. The school board’s decision in 2021 to do away with quarantines and contact tracing for students exposed to COVID-19 sparked controversy.

Merrell served on the school board from 2014 to 2022.  

Merrell, who is now a Union County commissioner, claimed that new teachers replacing those lost to retirement and other factors are “indoctrinated” and that her county is being targeted. “The ones that are coming in have certainly been indoctrinated in their universities and their internships,” she said. “I truly believe that Union County has a target, that there is an agenda to change Union County. And so, they are moving in in mass droves.”

Mary Summa of the conservative NC Values Coalition credits State Rep. Tricia Cotham’s switch to the Republican Party as a turning point. “She saw the light and became a Republican,” Summa said. “It changed the game for us because we had an agenda that included a Pro-life bill, the Save Women’s sports bill which we tried for several years to get passed.”

Restorative justice practices prioritize making amends over punishment, but Moms of Liberty see this as one of the reasons for the rise in school violence. “What we’ve seen in schools across the United States and in North Carolina are programs and practices like restorative justice, which means kids aren’t being held accountable for their for their actions, there is no consequence for this type of behavior,” said Justice.

She cited a recent incident caught on social media at a Forsyth County high school. A student has been charged with misdemeanor assault and is facing expulsion after allegedly slapping a teacher in the face twice, according to the Winston-Salem Journal.

Throughout the discussion, panelists argued that public schools are trying to undermine parental rights and advocate for Critical Race Theory and “gender ideology.” Speakers called for schools to stop working with outside groups, such as educational nonprofits and health organizations.

“Our children are being taught to hate America, to hate the Christian values and the principles of liberty that America was founded upon …” said Abigail Prado, chair of Moms for Liberty’s Union County chapter. “Our children are not being educated. They are being indoctrinated.”

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Reporter Ahmed Jallow covers education as well as politics and elections

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The preceding article was previously published by the NC Newsline and is republished with permission.

NC Newsline is a Raleigh-based nonpartisan, nonprofit newsroom dedicated to fearless reporting and hard-hitting commentary that shines a light on injustice, holds public officials accountable, and helps improve the quality of life throughout North Carolina.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

By Erin Reed | DALLAS, Texas – During a session at the 2024 Young Conservatives of Texas Convention held at the Hilton Anatole in Dallas this weekend, Gov. Greg Abbott stated that trans and gender nonconforming (GNC) teachers must be “ended” in the state. 

This statement follows crackdowns on transgender teachers in various Republican-controlled states in the United States. Book bans, “Don’t Say Gay” legislation, and anti-drag laws have increasingly been weaponized against all transgender and GNC individuals, especially within educational settings. In Texas, many of these laws have been blocked due to being likely unconstitutional; however, this has not prevented the governor from making one of his strongest statements yet in support of overt discrimination toward transgender people.

The statement, first reported by journalist Steven Monacelli, addresses a teacher in a small town in Texas. Abbott, who repeatedly refers to the teacher as a “man dressed as a woman,” states that the teacher’s mere presence “normalizes the concept” of being transgender or GNC—a concept Gov. Abbott then asserts the state should try to prohibit. He states, “This kind of behavior is something we need to end in the state of Texas.”

Abbott said:

“Up the street from where we are right now is Lewisville, Texas. In Lewisville, Texas, in the high school, recently, as in just a month ago, they had a high school teacher who was a man who would go to school dressed as a woman in a dress, high heels, and makeup. Now, what do you think is going through the mind of the students that’s in that classroom? Are they focusing on the subject that this person is trying to teach? I don’t know. What I do know are these two things. One is this person, a man, dressing as a woman, in a public high school in the state of Texas, he’s trying to normalize the concept that this type of behavior is okay. This type of behavior is not okay. And this is the type of behavior that we wanna make sure we end in the state of Texas.”

Within hours, multiple GOP officials in Texas signed onto Abbott’s call to ban trans and GNC teachers from teaching. These include Texas GOP Chair Matt Rinaldi and multiple Texas State legislators and candidates such as Briscoe Cain and Brent Money. Their reaction to Abbott’s comments are in line with the Texas GOP platform passed in 2022 that call extensive restrictions on trans and GNC individuals in schools.

It is important to note that federal law prohibits discrimination against LGBTQ+ people in the workplace. A Supreme Court decision, Bostock vs. Clayton County, specifically stated that Title VII protections around nondiscrimination in the workplace apply to trans and GNC people. That court decision is currently being used to overturn anti-trans laws in Title IX cases in schools as well as bathroom bans, sports bans, and more.

Recent efforts have targeted transgender and gender-nonconforming individuals within state school systems. For example, Florida’s “Don’t Say Gay” legislation was recently extended to apply to transgender teachers who share pronouns or use titles different from their sex assigned at birth. This law forced a transgender female teacher to go by Mr. and use he/him pronouns in the classroom or face termination. Similarly, a nonbinary teacher was banned from using the title Mx. in school.

A recent case in the 11th Circuit Court of Appeals, however, blocked that Florida law as likely in violation of the First Amendment. Like Governor Abbott, attorneys for the state of Florida argued that transgender teachers in the classroom were a “distraction” to students and that a trans woman teacher was harming her students’ education with her mere existence and expression of her identity. The judge, however, struck down this notion, noting that the trans woman teacher had higher test scores than the district average.

It remains to be seen whether Gov. Abbott and the Republican Party of Texas will lean into anti-trans politics going into the 2024 elections. The willingness of some influential Texas Republicans to endorse Gov. Abbott’s position in the video suggests that they might. If so, there is evidence that this could harm candidates who are in tight races in the state and espouse such positions. For instance, in 2023, candidates running on anti-trans issues experienced significant defeats nationwide, including the defeat of 70% of all Moms For Liberty candidates in school boards.

Regardless of electoral consequences, the state has become harsher for transgender people in recent years. Attorney General Ken Paxton has continued to subpoena medical records of transgender individuals who cross state lines to obtain care. He has also attempted to obtain lists of PFLAG members, including addresses and phone numbers.

Abbott has not been much better: under his leadership, transgender families across the state were investigated under the premise that providing medical care for their transgender youth amounted to child abuse. This latest statement from Gov. Abbott shows an intent to continue weaponizing state powers against transgender and gender-nonconforming people in Texas.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

By Nuria Martinez-Keel | OKLAHOMA CITY, Okla. – A lawsuit challenging an Oklahoma law affecting transgender students’ use of school restrooms has been appealed after being dismissed in Oklahoma City federal court.

The families of three transgender students sued the Oklahoma State Department of Education in 2022 to overturn Senate Bill 615, which they said is unconstitutional and a Title IX violation. 

SB 615 required school restrooms to be used according to a person’s biological sex, not their gender identity. A single-occupant restroom also must be available as an alternative.

On Friday, the American Civil Liberties Union of Oklahoma appealed U.S. District Judge Jodi W. Dishman’s decision to throw out the lawsuit. Last month, Dishman fully dismissed the case with prejudice, meaning it cannot be refiled.

The dismissal was “mildly surprising” because it means the judge didn’t just disagree, but found the plaintiffs’ claims to be meritless, said Devraat Awasthi, an ACLU legal fellow working on the case. 

The ACLU of Oklahoma has appealed Dishman’s decision to the Tenth Circuit Court of Appeals.

“SB 615 is a law that elevates the privacy and safety interest of cisgender students above those of transgender and nonbinary students, and that violates the Constitution’s promise of equality under the law,” Awasthi said. “That’s a promise that all Oklahomans care about, and I think that we are vindicating that important commitment by bringing this appeal.”

Dishman ruled in favor of the state Attorney General’s Office, who contended treatment based on gender identity doesn’t amount to sex discrimination under Title IX.

The three plaintiffs don’t present a danger to fellow students, the judge wrote in her court order, but she decided striking down the law could create a safety issue.

“If the Court adopted Plaintiffs’ position, any biological male could claim to be transgender and then be allowed to use the same restroom or changing area as girls,” Dishman wrote. “This is a major safety concern.

“However, if Plaintiffs’ arguments were adopted, it would put school officials in the position of either having to conduct a subjective analysis of the sincerity of an individual’s gender identity or merely take their word for it.”

The Attorney General’s Office declined to comment on the case.

One of the defendants was state Superintendent Ryan Walters, the head of the state Education Department. He has been one of the most vocal advocates of outlawing school bathroom use by gender identity, saying it puts female students at risk.

“The (U.S.) District Court was correct in recognizing the real physiological differences between men and women, and the real interest of parents in protecting their kids,” Walters said in a statement. “Oklahomans strongly oppose the radical left trying to force young girls to share bathrooms with boys, and I will always fight to protect our students.”

Walters also has been a supporter of Oklahoma laws that prohibit gender-affirming medical care for minors and that block transgender girls from playing in women’s sports. He pursued new rules at the Education Department to prevent students from retroactively changing prior school records to match their gender identity.

Laws like these embolden bullies and put transgender students at risk, Awasthi said. 

He pointed to the death of Nex Benedict, a nonbinary student from Owasso who had reported bullying. A medical examiner’s report found Benedict, 16, died by suicide on Feb. 8, a day after the student was in a fight in a school restroom. 

“I think an important facet of laws like this in general is it gives cover to bullies and to bigots in our society because it makes them think their kind of discriminatory intent is supported by the state,” Awasthi said. “It kind of gives almost permission for that kind of horrible treatment to occur in our public schools.”

Walters called this argument around Benedict’s death a “grotesquely distorted radical, progressive, Democrat narrative” in a Fox News opinion piece he published on Thursday. Walters’ editorial repeatedly referred to Benedict as a girl, despite the Benedict family having said this is an inaccurate description of who the student was. 

About a dozen other states had passed similar bathroom bills by the time Oklahoma’s governor signed SB 615 into law. Legal challenges have succeeded in overturning similar legislation elsewhere in the country. 

The U.S. Supreme Court has let stand two rulings from the Fourth Circuit Court of Appeals that affirmed students’ rights to use the restroom that matches their gender identity.

New rules the U.S. Department of Education introduced on Friday include gender identity protections in Title IX.

A co-author of SB 615, Rep. Kevin West, R-Moore, said several Oklahoma lawmakers worked on the bill’s language to “give that safety and that security to the kids.” He said the legislation’s authors chose not to borrow bill language from other states. 

“I think that might have helped some in it being able to stand up (in court) because we had so many different eyes on it and so many people working on it,” West said.

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Nuria Martinez-Keel covers education for Oklahoma Voice. She worked in newspapers for six years, more than four of which she spent at The Oklahoman covering education and courts. Nuria is an Oklahoma State University graduate.

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The preceding article was previously published by the Oklahoma Voice and is republished with permission.

Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

By Nicole Girten | HELENA, Mont. – The Montana Department of Justice quietly adopted a new policy for changing gender markers on Montana driver’s licenses that would require transgender Montanans to provide an amended birth certificate, as opposed to only requiring a note from a doctor.

That’s according to a class action lawsuit filed by the ACLU of Montana on Thursday, which is asking the court to declare the new Motor Vehicle Division policy unconstitutional. The lawsuit targets a rule enacted by the state’s health department in 2022 which plaintiffs claim bans transgender applicants from changing the sex marker on their birth certificate.

This lawsuit follows other legal challenges in recent years involving legislation and rules regarding changing gender markers on birth certificates in the Treasure State. A law passed during the 2021 legislature restricting changes to birth certificates was found unconstitutional and there are two other ongoing lawsuits surrounding a 2023 law defining sex as binary in statute.

Defendants listed in the lawsuit include Attorney General Austin Knudsen, the Montana DOJ, Gov. Greg Gianforte, the Department of Public Health and Human Services and DPHHS Director Charlie Brereton.

A spokesperson for Gov. Gianforte said Thursday the governor “stands by the bill he signed in 2023 that brings the long-recognized, commonsense, immutable biologically-based definition of sex — male and female — into our state laws.”

“It is no surprise the ACLU would wade into Montana to challenge commonsense, immutable biological facts to advance its far left agenda,” the spokesperson said in an emailed statement.

A DPHHS spokesperson said the department does not generally comment on on-going litigation and a spokesperson for the DOJ did not respond to emailed questions in time for publication.

Plaintiffs include a former Montana resident and transgender woman, Jessica Kalarchik, who is looking to change the gender marker on her birth certificate, and Jane Doe, a transgender woman looking to change the gender marker on both her birth certificate and her driver’s license.

Plaintiffs claim the 2022 rule, the 2023 law and the new DMV protocol go against protections in Montana’s constitution.

Plaintiff Doe avoids using public restrooms and changing rooms for fear of mistreatment or violence. She’s already faced mistreatment from people in her life after coming out, according to the lawsuit.

Doe worries about showing her identification documents with her gender assigned at birth to someone who may react negatively.

“Ms. Doe is typically perceived as female, so anytime she is forced to present an identity document that incorrectly identifies her as male, she is forced to ‘out’ herself as transgender,” the lawsuit read. “As Ms. Doe’s appearance has shifted, her driver’s license no longer matches her appearance, and she has experienced increasing issues with this disparity.”

Kalarchik, 49, is a transgender woman and veteran who was born in Butte and currently lives in Anchorage, Alaska, with her wife, Renee. She’s looking to have the gender marker amended on her birth certificate for similar fears of retaliation as Doe. The lawsuit said she has previously experienced incidents of harassment and discrimination in both her personal and professional life.

Kalarchik started hormone therapy in 2022 and has legally changed her name and sex marker on both her Alaska driver’s license and her Social Security card.

The lawsuit said the 2022 rule and Senate Bill 458, which defines sex as binary and passed in 2023, prevent Kalarchik from changing the gender marker on her birth certificate.

DPHHS announced in February the department was reinstating the 2022 rule, which only allows changes to birth certificates in the event the gender marker was listed incorrectly as a result of a data entry error and does not authorize changes “based on gender transition, gender identity, or change of gender.”

“The effect of the 2022 Rule is to categorically ban transgender applicants from obtaining birth-certificate amendments to reflect the sex they know themselves to be,” the lawsuit said.

The rule was first enacted as the state was in ongoing litigation surrounding a similar law passed in 2021, Senate Bill 280, which restricted transgender Montanans’ ability to amend the gender markers on their birth certificates.

The court temporarily blocked SB 280 in 2022, and the state needed to re-institute the previous process for changing birth certificates as litigation continued – which only required an applicant to submit a supporting affidavit. But the state did not, and instead passed the 2022 rule. The court found the state in contempt for going against the preliminary injunction and also found SB 280 to be unconstitutional.

In February, DPHHS said the 2022 rule aligns with SB 458, the sex definition bill sponsored by Sen. Carl Glimm, R-Kila, who also sponsored SB 280. There are two open lawsuits against SB 458. Brereton said in the February announcement DPHHS “must follow the law, and our agency will consequently process requests to amend sex markers on birth certificates under our 2022 final rule.”

Plaintiffs are claiming the 2022 Rule, the new MVD policy, and SB 458 (within the context of amending birth certificates and driver’s licenses) are not constitutional. The lawsuit argues the policies violate protections in the Montana constitution for privacy, equal protection under the law, and against compelled speech.

The lawsuit says the policies are inherently discriminatory and require compelled speech in that in order to comply, transgender people have to “misidentify themselves by a sex designation that does not accurately state their sex.”

The filing said the “essential danger” of these policies are they “require transgender Montanans to carry identity documents that are contrary to the sex they know themselves to be” and therefore increase risk of potential discrimination or violence.

Plaintiffs are asking to establish a class that would include all transgender people born in Montana who currently or in the future wish to change the gender marker on their birth certificate or driver’s license.

Postscript

After publication, the Montana Department of Justice reached out to the Daily Montanan to say the Motor Vehicle Division’s policy to change a sex marker has not changed.

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Nicole Girten is a reporter for the Daily Montanan. She previously worked at the Great Falls Tribune as a government watchdog reporter. She holds a degree from Florida State University and a Master of Science from the Medill School of Journalism at Northwestern University.

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The preceding piece was previously published by the Daily Montanan and is republished with permission.

The Daily Montanan is a nonprofit, nonpartisan source for trusted news, commentary and insight into statewide policy and politics beneath the Big Sky.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

WASHINGTON – The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

Rep. Mark Takano (D-Calif.), a Congressional leader on LGBTQ and education issues, also hailed the finalized rule on Title IX from the Biden Administration:  

The Education Department and Biden Administration showed real courage today, delivering on a long-held promise to ensure that the federal government does more to protect all Americans—especially LGBTQ Americans—from discrimination.  

This groundbreaking rule is a major victory, but we still have much to do. We need to enshrine and expand its protections by passing the Equality Act because for too many Americans, their rights and protections depend on the zip code they live in.   

LOS ANGELES, Calif. – The pain was palpable as it radiated from the grief stricken single mother who lost her only child- her beloved son, to suicide this past Sunday as she spoke in the phone call Thursday evening with the Blade.

Ethan was only 15 in fact he had just celebrated his birthday this past month.

Ethan was a bright and compassionate teenager, quick to help his elderly neighbors with lawncare, carrying in the groceries, or just sitting out on their porches listening to them tell stories or chat. “He was such a good boy, so loving, so caring,” his mother said.

Growing up in a small rural community in Arkansas, Ethan loved to hunt, fish, and spend time with Dad and he was a dutiful son to his mother, but that all changed a year ago when Ethan told his parents his truth- he was gay.

His mother was good with it she says, “His Dad left us, just walked away from him. No contact, silence.” His father’s rejection and abandonment left Ethan feeling guilt and despair, struggling to cope with the fallout of his father’s departure and the financial burdens placed on his now single mother.

She explained: “He began to withdraw and late at night he started to hurt himself even to the point to go to the E.R.” Adding to Ethan’s stress “the local farm boys would say hateful things, they’d call him faggot, they’d stay away telling him he was gonna give them AIDS or die from it.,” she said. The rejection and bullying got so bad at the school that staff stepped in and put an end to it. “The school was so supportive, they even gave in-school suspensions, but then those boys, others, went on line and it got worse,” she told the Blade.

Like most teens Ethan kept much of his pain to himself as his despair over loss of the relationship with his father, worry over his single Mom and money as she works in food service and money is scare became too much. “He was fine on Saturday- I mean it was a good day I didn’t see any problems,” she related to the Blade. On Sunday, he was gone- forever.

Now his mother is left with memories and questions that will never be answered. For now, his mother, Connie, asks for privacy during this difficult time as she grapples with the devastating loss of her only child.

After being contacted, Indianapolis-based Rainbow Youth Project USA has stepped in to support Ethan’s grieving mother, providing grief counseling services and assisting with final arrangements.

“In the face of adversity, it is crucial for communities to come together to support LGBTQ+ individuals and their families. Hate and intolerance have no place in a society that values love and acceptance for all. By honoring Ethan’s memory and advocating for inclusivity, we must strive to create a world where every individual is celebrated for who they are,” said Lance Preston CEO and Founder of Rainbow Youth to the Blade.

“As Connie navigates this overwhelming grief and loss, let us stand united in compassion and solidarity, offering our support and understanding. Let Ethan’s legacy serve as a beacon of hope and a call to action for a more inclusive and accepting future,” Preston added.

Editor’s Note: In consideration of preserving her privacy the Blade has not published Connie’s surname nor her residence’s location in Arkansas.

If you are in a life-threatening situation, please dial 911.

If you are in crisis, please dial 988 or contact Rainbow Youth Project directly at +1 (317) 643-4888

Would you like to help our efforts? Here are a few ways you can help: (Link)

CUMBERLAND COUNTY, Penn. — On Monday the Cumberland Valley District school board, a large, rural and suburban public school district located in Central Pennsylvania, voted to cancel an appearance and event on anti-bullying by openly gay actor and author Maulik Pancholy.

Pancholy, best known for his work on NBC Television’s 30 Rock and who authored “The Best at It,” a semi-autobiographical debut novel that explores the queer main character’s journey to self-acceptance and self-love in the 7th grade in a small Indiana town, was set to attend an anti-bullying school assembly scheduled for May 22 at Mountain View Middle School in Mechanicsburg, Pa.

Anti-LGBTQ+ activists including newly elected board member Kelly Potteiger, who is a member of the Southern Poverty Law Center’s listed extremist group Moms for Liberty along with board member Bud Shaffner and board chair Greg Rausch in an off agenda discussion brought up the event and strongly objected to Pancholy’s presence.

WPMT Fox 43 reported that Rausch asked Shaffner: “My only question is, do we even have any idea what he’s going to be talking about? I know he’s a homosexual activist and what have you and has written books and things like that but do we even know what he’s going to be talking about?”

Potteiger weighed in: “It’s not discriminating against his lifestyle, that’s his choice, but it’s him speaking about it and it did say that’s not the topic, but that’s what his books are about and he will probably talk about his pathway because he talks about anti-bullying and empathy and inclusion so part of that is his journey as an individual,” said Potteiger. “And as a self-proclaimed activist, that’s where it gets concerning I think.”

“If you research this individual, he labels himself as an activist, he is proud of his lifestyle and I don’t think that should be imposed upon our students at any age,” added Shaffner.

The board ended up in a unanimous 8-0 vote to rescind permission for Pancholy to visit the school.

The result of the vote led one former student, Tony Conte, to publish an open letter to Shaffner on Facebook, recalling his experience as a closeted gay teen and his struggles with suicidal ideation because of it, Entertainment Weekly reported.

On Thursday, Pancholy released a public statement on his Instagram regarding the controversial vote.

“On Monday evening, I learned via social media that the school board of the Cumberland Valley School District in Pennsylvania voted 8-0 to cancel my scheduled author visit with the students of Mountain View Middle School due to concerns about my ‘activism’ and what they called my ‘lifestyle.’ My heart goes out to the entire Mountain View Middle School community, and particularly to the students.” 

His statement continues, addressing his books and growing up without a representation of South Asian-American or LGBTQ+ characters in media. 

“When I visit schools, my ‘activism’ is to let all young people know that they’re seen. To let them know that they matter. When I talk about the characters in my books feeling ‘different,’ I’m always surprised by how many young people raise their hands- regardless of their identities and backgrounds- wanting to share about the ways in which they, to, feel different,” Pancholy continued. 

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A post shared by Maulik Pancholy (@maulikpancholy)

In a phone interview with Entertainment Weekly, Shaffner denied the claim that Pancholy’s sexual orientation was the reason for the vote.“That’s absolutely unfounded,” he said. “That wasn’t even part of the discussion. We simply voted to uphold the [school] policy of no political speeches, no political activism.”

He added, “We just cannot allow political speeches within our school. And he identified himself as a political activist.”

“I thought it was outrageous and very concerning,” Trisha Comstock, a parent who is behind a petition now circulating online, asking the board to reverse its decision told Fox 43. “It clearly sends a message to our staff, our students, and our residents that identify as LGBTQ+, that part of the community, that they’re not welcome, they’re not seen, they’re not respected.”

The full April 15 school board meeting can be watched here.

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