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VIDEO: Interview with TransLatin@ Coalition President Bamby Salcedo

Transgender activist spoke about coronavirus, ICE detainees

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TransLatin@ Coalition President Bamby Salcedo. (Photo by Paolo Riveros)

Los Angeles Blade International News Editor Michael K. Lavers on Monday interviewed TransLatin@ Coalition President Bamby Salcedo.

Salcedo, who is based in Los Angeles, spoke with Lavers about a host of issues that include the coronavirus pandemic and transgender women who remain in U.S. Immigration and Customs Enforcement custody.

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Oklahoma

LGBTQ groups rally in Oklahoma, demand justice for Nex Benedict

“Bullying is hurtful and cruel, and no one should face the bullying that Nex did. Parents & schools must take reports of bullying seriously”

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On the steps of the Oklahoma State Capitol Thursday, LGBTQ+ advocacy groups, allies, and community members came together to demand justice for Nex Benedict (Photo by Bryan Paddack, Rural Oklahoma Pride)

OKLAHOMA CITY, Okla. –  On the steps of the Oklahoma State Capitol Thursday, LGBTQ+ advocacy groups, allies, and community members came together to demand justice for Nex Benedict, the trans-nonbinary Oklahoma teen whose death last month after enduring months of bullying sparked national conversations and outrage.

Those in attendance at the rally/demonstration also called for the removal of Superintendent of Public Instruction Ryan Walters. “Walters’ public statements against LGBTQ+ young people, especially transgender and gender nonconforming youth, foster a toxic educational environment that is disrespectful, intolerant, and often dismissive of bullying reports for LGBTQ+ students statewide,” a spokesperson told the Blade.

Photo by Lance Preston

Led by Rural Oklahoma Pride and joined by organizations such as the Diversity Center of Oklahoma, Rainbow Youth Project, and the Human Rights Campaign, the rally sent a clear message of solidarity and action on behalf of LGBTQ+ youth across the state.

High school students from Classen School of Advanced Studies orchestrated a walk-out to stand in support of Nex Benedict and to demand accountability from government officials and walked the several blocks from the school to join the rally.

Organizers told the Blade that the students’ presence “added a poignant and spirited energy to the demonstration, showcasing the unwavering commitment of the younger generation to advocate for change.”

“We are here today to demand justice for Nex and to make our voices heard,” said Bryan Paddack of Rural Oklahoma Pride. “The time for action is now, and we will not rest until justice is served and Secretary Walters is held accountable for his actions.”

As the crowd of a couple hundred individuals began a march around the capitol building, their chants echoed through the streets, calling for an end to the injustices faced by Nex and all LGBTQ+ youth in Oklahoma’s schools and the LGBTQ+ community at large.

According to a spokesperson for the Rainbow Youth Project, “the urgent and impassioned pleas for change resonated with the gathered supporters and passersby alike, underscoring the critical need for reform and protection of vulnerable youth.”

Meanwhile, just a few blocks away at an Oklahoma City hospital, a Rainbow Youth Project crisis counselor has been assisting the family of a 14-year-old nonbinary high school student hospitalized in the intensive care unit following a suicide attempt just 24 hours earlier.

“While this child’s life hangs in the balance, this tragedy is yet another stark reminder of the real and devastating consequences of bullying and discrimination,” Lance Preston, the founder and CEO of the Rainbow Youth Project said. ” Nex Benedict and this child serve as poignant examples of the urgent need for systemic change and support for queer youth across the nation,” he added.

“We are deeply saddened by the tragic loss of Nex Benedict and the countless others across the country who have suffered from bullying. Every student deserves to feel safe and supported in their learning environment,” said Christopher Sederburg, Leader of the Transgender Action Committee at Rainbow Youth Project USA. “It is unacceptable that Secretary Ryan Walters and his actions have enabled an atmosphere of hostility and fear for LGBTQ+ students in Oklahoma.”

Photo by Lance Preston

Parents, advocates, and activists are calling on schools across Oklahoma to take a more proactive approach in addressing the growing crisis of bullying among LGBTQ+ youth. According to the 2022 HRC LGBTQ+ Youth Survey, a staggering 58% of LGBTQ+ youth living in Oklahoma feel unsafe at school, highlighting the urgent need for immediate action.

The survey also revealed that only 54% of LGBTQ+ youth in Oklahoma believe that teachers or staff at their school genuinely care about them, a stark contrast to the national average of 71%. This disparity underscores the need for Oklahoma schools to create more inclusive and supportive environments for LGBTQ+ students.

The Rainbow Youth Project reported a significant increase in crisis contacts from Oklahoma in February 2024, with a total of 1,097 calls received. Shockingly, 86% of those callers reported being bullied at schools across the state and 64% cited the harmful anti-LGBTQ+ rhetoric of Secretary of Public Instruction Ryan Walters as part of the reason for their distress.

Preston pointed out that considering these disturbing findings, advocates are urging schools to implement comprehensive anti-bullying policies, provide training for staff on LGBTQ+ issues, and create safe spaces for students to seek support and assistance. “It is essential for schools to prioritize the safety and inclusion of all students to create a positive and accepting learning environment for everyone,” Preston said.

Kris Williams from the Oklahoma City Diversity Center expressed grave concern over the lack of support for LGBTQ+ students in Oklahoma schools. “It is disheartening to see such high levels of insecurity and fear among LGBTQ+ youth in our state,” said Williams. “Schools must prioritize the safety and well-being of all students, regardless of their sexual orientation or gender identity.”

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President Joe Biden issued a statement on Thursday about the death of Benedict, the trans-nonbinary Oklahoma teen whose death last month after enduring months of bullying sparked national conversations about anti-LGBTQ discrimination in the state and across the country.

[…] “Every young person deserves to have the fundamental right and freedom to be who they are, and feel safe and supported at school and in their communities. Nex Benedict, a kid who just wanted to be accepted, should still be here with us today,” the president said.

“Nonbinary and transgender people are some of the bravest Americans I know. But nobody should have to be brave just to be themselves. In memory of Nex, we must all recommit to our work to end discrimination and address the suicide crisis impacting too many nonbinary and transgender children. Bullying is hurtful and cruel, and no one should face the bullying that Nex did. Parents and schools must take reports of bullying seriously,” Biden also noted.

On X (formerly Twitter) Oklahoma’s Superintendent of Public Instruction Walters responded and reacted to the statement by President Biden.

Walters accused the president of lying and exploiting the tragedy of Benedict’s suicide for political gain.

Rainbow Youth Project’s Preston reacted saying:

“The President puts out a statement basically saying that bullying in schools is wrong and the OK Superintendent of Education replies with this? Ryan Walters doesn’t care that a child is dead and that 58% of LGBTQ+ students don’t feel safe in his schools.”

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U.S. Federal Courts

First Black and first LGBTQ judge to serve on R.I. federal court

DuBose’s nomination was enthusiastically supported by her state’s two Democratic U.S. senators., Jack Reed and Sheldon Whitehouse

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Judge Melissa R. DuBose (Screen capture: Roger Williams University School of Law/YouTube)

WASHINGTON — Judge Melissa DuBose was confirmed by the U.S. Senate on Tuesday for her appointment by President Joe Biden to the U.S. District Court for the District of Rhode Island, where she will be the first Black and the first LGBTQ judge to serve on the bench.

DuBose thanked her partner Amy “for blessing me with over two decades of unwavering love, support, laughter and patience,” and their “two remarkable sons … for gracing me with that special love that is reserved for mothers and sons.” 

The vote was 51-47, with only two Republicans supporting her nomination, Susan Collins of Maine and Lindsey Graham of South Carolina.

During a confirmation hearing in February, U.S. Sen. John Kennedy (R-La.) grilled DuBose about an article 24 years ago in which she was quoted as saying she had gone through “a Marxist phase.”

Currently serving as associate judge on the Rhode Island District Court in Providence, DuBose’s nomination was enthusiastically supported by her state’s two Democratic U.S. senators., Jack Reed and Sheldon Whitehouse.

“She’s proven to be an exceptional jurist with a stellar record,” said the former on the Senate floor, adding, “She has dedicated her life to public service, and Rhode Island is fortunate that she has once again answered the call.”

Whitehouse said, “This is a person, a lifelong Rhode Islander, who is exceedingly well regarded in our community.”

Nicole Berner’s nomination advances


Another lesbian judge nominated by Biden to serve a lifetime tenure on the federal bench is Nicole Berner, who has long served as general counsel of the Service Employees International Union and was tapped to join the 4th U.S. Circuit Court of Appeals.

The Senate moved for a cloture vote on her nomination Thursday, meaning a final vote is expected as early as next week. She would be the first LGBTQ judge on the circuit court and the 11th confirmed LGBTQ judge nominated by Biden — tying with the record number who were appointed by former President Barack Obama over two terms in office.

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The White House

Biden ‘heartbroken’ over 16-year-old Nex Benedict’s death

Every young person deserves to have the fundamental right and freedom to be who they are, and feel safe and supported at school

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President Joe Biden speaking at Pride event on the South Lawn of the White House, June 2023. (Washington Blade photo by Christopher Kane)

WASHINGTON – President Joe Biden issued a statement on Thursday about the death of Nex Benedict, the trans-nonbinary Oklahoma teen whose death last month after enduring months of bullying sparked national conversations about anti-LGBTQ discrimination in the state and across the country.

The results of an autopsy report released on Wednesday showed Benedict had died after ingesting diphenhydramine, an antihistimine with brand names including Benadryl, and fluoxetine (Prozac), a selective serotonin reuptake inhibitor often used to treat depression.

The president’s statement reads:

“Jill and I are heartbroken by the recent loss of Nex Benedict. Every young person deserves to have the fundamental right and freedom to be who they are, and feel safe and supported at school and in their communities. Nex Benedict, a kid who just wanted to be accepted, should still be here with us today. 

“Nonbinary and transgender people are some of the bravest Americans I know. But nobody should have to be brave just to be themselves. In memory of Nex, we must all recommit to our work to end discrimination and address the suicide crisis impacting too many nonbinary and transgender children. Bullying is hurtful and cruel, and no one should face the bullying that Nex did. Parents and schools must take reports of bullying seriously. My prayers are with Nex’s family, friends, and all who loved them – and to all LGBTQI+ Americans for whom this tragedy feels so personal, know this: I will always have your back.

“To LGBTQI+ young people across the country – you are loved exactly as you are. If you’re feeling overwhelmed or alone, you can call or text 988, the National Crisis Hotline, and dial the number ‘3’ to talk to a counselor who has been specifically trained to support LGBTQI+ youth.”

In late February, White House Press Secretary Karine Jean-Pierre began a press briefing by acknowledging Benedict’s death, telling reporters “Our hearts are with Nex Benedict’s family, friends, entire school community in the wake of this horrific and gut wrenching tragedy.”

Earlier, Vice President Kamala Harris, Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) and Jean-Pierre issued statements on X, formerly Twitter, about the teen’s passing.

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Texas

Texas school superintendent suspended over trans actor’s removal

He was suspended in connection with the investigation into efforts to remove a trans senior from the school’s production of Oklahoma!

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Senior Max Hightower has participated in the high school’s Bearcat Theater since he was a freshman. (Photo Credit: Screenshot/KXII CBS 12)

By Tammye Nash | SHERMAN, Texas – The Sherman Independent School District Board of Trustees, following a closed session meeting on Friday, March 8, has voted to suspend Superintendent Tyson Bennett.

Meghan Cone, the school district’s chief communications officer, confirmed Tuesday, March 12, that Bennett was suspended in connection with the investigation into Bennett’s efforts to remove transgender senior Max Hightower from the school’s production of Oklahoma! Cone said the SISD board had not made nor provided a statement following the vote.

Philip Hightower, Max’s father, said today he is “thrilled that the board made the right decision to protect our kids from discrimination. I’m thrilled Max and the rest can be safe, and I’m proud that our community united and said no to transphobia.”

The board suspended Bennett with pay and appointed Deputy Superintendent Thomas O’Neal as acting superintendent, effective immediately.

The Sherman ISD Board of Trustees has voted to suspend the district’s superintendent, Tyson Bennett.

Gordy Carmona, North Texas community engagement and advocacy strategist for Equality Texas, was among those who spoke at the November board meeting where SISD trustees reversed Bennett’s decision to cancel and recast the play. “Hearing Sherman ISD’s decision to recast the Oklahoma! production last year based on a district rule barring students from playing roles that didn’t match their gender assigned at birth was alarming,” Carmona told Dallas Voice today. “Theatre is supposed to be one of the few safe havens for LGBTQIA+ students.

“Thankfully Sherman ISD listened to students, parents and community members concerns,” they continued, “Their reinstatement of the original cast was the first step in correcting some concerning problems within the district. News of the unanimous decision to suspend Superintendent Tyson Bennett was a welcomed surprise, but there is still room for growth in ensuring current and future LGBTQIA+ students can feel fully supported by their district.”

The controversy over the high school play began last October when the high school principal, at Bennett’s direction, contacted parents and students to tell them the planned production was being cancelled. That notification came after Max Hightower was cast in the male role of Aly Hakim, a major character in the play. Several female students were cast in male roles, as well.

In a confusing statement issued Nov. 6, district officials explained that Sherman ISD had no policy regarding how students are cast, except in this one instance and maybe in the future, but then again maybe not: “There is no policy on how students are assigned to roles. As it relates to this particular production, the sex of the role as identified in the script will be used when casting.” A second statement, issued by the district on Nov. 10 supposedly was intended to clear up confusion but really only muddied the waters further.

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Bennett’s decision was that for the production to go on after the first of the year, later than originally planned, the show would have to be recast, and he wanted the school’s theater teachers to instead stage a version of the play rewritten for younger students.

But following a marathon board meeting later that month, in which dozens of parents, students and other community members turned out to criticize Bennett and his directives, the Sherman ISD board voted to rescind the directives completely and allow the production to go on as originally cast. The board at that time also removed Bennett’s authority over the school’s fine arts programs and announced an ongoing investigation into the situation.

Sherman High School staged its production of Oklahoma! in January with the original cast, including Max Hightower, in place.

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Tammye Nash
Managing Editor

Nash has been a professional journalist since 1982, and first began working for Dallas Voice in 1988, just four years after the paper was founded. She has worked at both weekly and daily newspapers over the years, but has always worked for community newspapers where the focus is on serving and improving the community you serve.

Nash has won numerous awards over the years for her work, and enjoys working with the other award-winning journalists at Dallas Voice who are as dedicated to the LGBTQ community as she is. Nash lives in Fort Worth with her partner of nearly 20 years, their two sons and their menagerie of pets. She spends her free time on her hobby of photography.

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

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Nebraska

Nebraska Governor signs off on finalized anti-trans care regulations

“State officials have decided to flatly ignore the serious concerns raised by impacted young people as well as their family members”

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Nebraska Republican Governor Jim Pillen speaking with state highway workers 2023. (Photo Credit: Office of the Governor)

LINCOLN, Neb. – Nebraska’s Republican Gov. Jim Pillen has approved regulations restricting access to certain medical care for transgender youth this week, finalizing a process that began last October with the Department of Health and Human Services’ release of emergency regulations.

Pillen’s approval comes despite continued outspoken opposition from impacted families and medical providers who have said the restrictions conflict with standards of care.

The restrictions are the result of a bill senators passed last year, which gave rise to a lawsuit challenging the bill’s combination of a 12-week abortion ban and transgender care restrictions as a violation of the state constitution’s requirement that “no bill shall contain more than one subject.” 

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The restrictions, allowed under a new law passed by the Nebraska legislature this year, would curtail gender affirming care for those under the age of 19, the age of majority in the state. While several restrictions are poised to create hurdles for those seeking care, one in particular stands out: A mandate that all trans youth seeking treatment undergo five months of therapy that is “not in a gender affirming context,” a nod to a novel form of conversion therapy championed by those opposed to gender-affirming care.

“State officials have decided to flatly ignore the serious concerns raised by impacted young people as well as their family members and their medical and mental health providers,” ACLU of Nebraska Legal Fellow Grant Friedman said. 

“To be clear, we are talking about gender-affirming care that is endorsed by major medical organizations and recognized as often life-saving care. Young trans Nebraskans and their families have been struggling to access needed gender-affirming care under the emergency regulations, and now they know that will continue under these discriminatory final regulations. Trans youth deserve access to gender-affirming care, and they deserve a lot better than this. As we await the Nebraska Supreme Court’s decision, our team continues to explore all options to ensure that trans youth have access to the care they need,” Friedman added.

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Oklahoma

Medical examiner rules death of Oklahoma trans teen a suicide

16-year-old Nex Benedict died in an apparent suicide after a severe incident of physical assault and longtime bullying

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16-year-old Nex Benedict died in an apparent suicide after a severe incident of physical assault and longtime bullying. (Family photo)

OKLAHOMA CITY, Okla. – The Office of the Chief Medical Examiner has released part of the results of the investigation into the February 8 death of Nex Benedict, a 16-year-old transgender teen, who had experienced bullying at his high school culminating in an assault that made national headlines.

Tulsa media outlet KOTV/KQCW News 6 reported Wednesday afternoon that the Medical Examiner’s report disclosed that Benedict died by suicide and did not die as a direct result of trauma from the physical altercation at Owasso High School in Owasso, Okla. on February 7, 2024.

Page 1 of the report states that Benedict’s death was caused by an overdose of Benadryl and Prozac. The full medical examiner’s report will be released on 03/27/2024, KOTV/KQCW News 6 also reported.

“From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide,” Owasso Police Department Lt. Nick Boatman said in a statement to the media. “However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

Boatman would not confirm to media outlets whether or not investigators found a suicide note from Benedict.

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After a year of being bullied over his trans identity, Benedict was involved in a fight in a bathroom in early February in which three girls allegedly beat him. Police and media reports stated that Nex’s head was “banged into the floor.” Nex’s mother substantiated the reports in an interview with British media outlet The Independent. The school reportedly did not call an ambulance for the teen and he was taken to hospital by his mother and was discharged from the hospital later that evening. 

“As an organization dedicated to supporting and empowering LGBTQ+ youth, we are truly saddened by the loss of Nex Benedict,” Lance Preston, Executive Director at Rainbow Youth Project USA told the Blade. “It is heartbreaking to see a young life cut short due to the harmful effects of bullying. Our hearts go out to Nex’s family and loved ones during this difficult time.” 

“It is crucial for schools to recognize the profound impact of bullying on the mental health and well-being of students,” Preston noted. “We call on educators, administrators, and policymakers to prioritize the implementation of anti-bullying measures and support systems that create a culture of acceptance and respect within educational institutions.” 

“The loss of Nex Benedict serves as a stark reminder of the devastating consequences of unchecked harassment, bullying and discrimination across the nation,” Preston added.

Owasso Police released body camera footage, school security camera footage, and 911 calls from their investigation into the incident.

The public response to Benedict’s death has been overwhelming, with thousands of messages to police, the school, and members of the media, KOTV/KQCW News 6 noted.

In a phone call Wednesday afternoon, Shannon Minter, the Legal Director for the National Center for Lesbian Rights (NCLR) said: ”This news is crushing and must be a wake up call to our country: enough is enough. The political targeting of transgender people is deadly and must be stopped. It is past time to hold the public officials and leaders who are promulgating hatred and lies about vulnerable young people and their families fully accountable for the terrible harm they are causing.”

In an emailed statement, GLAAD President and CEO Sarah Kate Ellis said:

“There is nothing in this one page document to explain why the medical examiner checked a box. Media must have learned by now that they need to continue to question what they get from law enforcement and government entities in Oklahoma that have so far failed to protect vulnerable students and responsibly provide any information that is critical for student safety. Nex Benedict’s family and the entire state of Oklahoma deserve far more answers and accountability from those charged with keeping Nex and all youth safe.

“What remains true: Nex Benedict and all LGBTQ and Two Spirit, Transgender, and Gender Nonconforming (2STGNC+) youth deserve a world that fights for them to be themselves, to be free from state-sponsored bullying and discrimination. All media reporting on Nex’s death and the behavior of public officials before, during and after Nex’s death, must continue to demand accountability from state leaders about how they are working to protect all youth from harm and when they will stop their relentless attacks proven to cause harm. 

Our hearts remain with Nex’s family and all who grieve this horrific loss and the unacceptable violence that preceded it. It remains imperative that school environments reject bullying in all its forms.”

Kelley Robinson, the President of the Human Rights Campaign told the Blade: “As parents, we send our kids to school expecting that they will be safe and cared for. Nex was failed by so many and should still be here today. We hold their family in our hearts as they grapple with the devastating reality that their beloved child, a teen with a bright future, is no longer making this world a brighter place. Nex died one day after being beaten unconscious in a school bathroom, and following more than a year of bullying and harassment at school. This is heartbreaking. And we have heard from so many parents and students that this culture of bullying and harassment is both pervasive at Owasso Public Schools and that many within the school had actual knowledge that it was occurring and took no steps to fix it. We reiterate our call for a full and complete investigation. Young people in Oklahoma and across the country deserve to be safe and respected at school.”

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Kansas

Kansas GOP advances ban on gender-affirming trans youth care

‘Hungry for control’ State employees would no longer be able to so much as call transgender children by their chosen pronouns under the bill

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Activist Jae Moyer holds up a sign protesting new legislation that would restrict access to gender-affirming care in the state. (Photo Credit: Rachel Mipro/Kansas Reflector)

By Rachel Mipro | TOPEKA, Kan. – State employees would no longer be able to so much as call transgender children by their chosen pronouns under a bill blocking transgender minors in the state from receiving gender-affirming care. The legislation is barreling toward the governor’s desk. 

Passed by the House with a 80-40 vote, Senate Bill 233 bans health care professionals from using surgery or puberty blockers to treat transgender children. Despite Republican lawmakers’ claims that puberty blockers and hormone therapy are unsafe, the same therapy will be allowed for cisgender children with developmental disorders or other health conditions.

The bill now heads to the Senate. 

Similar legislation was vetoed by Democratic Gov. Laura Kelly last session, and a veto override attempt failed during the last legislative session. House lawmakers will need 84 votes to override a potential Kelly veto. With four Republican lawmakers absent during the Wednesday vote, the Republican House supermajority may have enough votes to do so. 

Under the legislation, providers who offer gender-affirming care to minors could have their licenses yanked. Another provision allows for lawsuits against providers who offer gender-affirming care up to 10 years after their patients turn 18. The bill bans the use of state funds and resources for medical or social transitioning. It would also ban state employees from helping minors to “social transition,” such as using a trans child’s preferred pronouns.

In a joint statement celebrating the bill’s passage, Republican House Speaker Dan Hawkins, House Majority Leader Chris Croft and Speaker Pro Tempore Blake Carpenter compared the ban to age limitations on alcohol consumption. 

“One of our jobs as legislators is to ensure the right protections are in place for the well-being of Kansas kids,” the statement read. “There are numerous examples of this including age restrictions for the purchase of alcohol or cigarettes, gambling, and other practices that can lead to sustained, negative outcomes for vulnerable youth. Kids’ brains aren’t fully developed to the point they can make these life-altering decisions.” 

These restrictions go against commonly accepted medical practices. Gender-affirming care for youths is supported by health care organizations including American Medical Association and the American Academy of Child and Adolescent Psychiatry. 

Multiple studies show gender-affirming care for transgender minors help alleviate distress and depression for a community that faces heightened risk of suicide and social isolation. Transgender Kansans and parents of trans Kansans themselves urged lawmakers to reconsider the bill multiple times over several bill hearings. 

“Anyone who voted yes on SB 233 is going to hell. like straight up. I want to practice therapy in this state but with laws like this, who knows if I’ll be able to?” tweeted Adam Kellogg following the bill’s passage. Kellogg is a transgender man and activist that has made multiple appearances at the Statehouse to campaign against harmful legislation. 

The move inches Kansas closer to joining the 22 states that have similar bans, including Oklahoma, Missouri, Texas and Nebraska, part of a wave of anti-trans legislation pushed by Republican-dominated legislatures throughout the U.S. and in conservative governments abroad. 

House Minority Leader Vic Miller of Topeka condemned the legislation.  

“Not only does the Republican Party think they have the right to tell parents how to best raise their children, but they’re criminalizing health care workers  during a time when we struggle to find enough doctors in the state for basic care,” Miller said. “They just can’t help themselves, as proven by the annual iterations of bills like this. Let parents parent and let health care workers provide care.”

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A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

The preceding story was previously published by the Kansas Reflector and is republished with permission.

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The Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets. We are part of States Newsroom: the nation’s largest state-focused nonprofit news organization, with reporting from every capital.

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Congress

House passes TikTok ban, forces divestiture by Chinese parent firm

Before TikTok, the U.S. took action over national security concerns with Grindr. In 2020, the app was sold by China-based Beijing Kunlun Tech

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Screenshot/YouTube NBC News

WASHINGTON — In a bipartisan vote of 352-65 on Wednesday, the U.S. House of Representatives cleared a bill that would force a divestiture of TikTok by its Chinese parent company ByteDance or ban the video sharing platform’s use in the U.S.

While the legislation faces an uncertain path to passage in the U.S. Senate, Wednesday’s vote provided additional evidence of the extent to which lawmakers are concerned about U.S. national security risks that could stem from TikTok.

More specifically, as recent years have seen relations between the U.S. and China become more fraught than they have been since the two countries first established diplomatic ties in 1979, questions have been raised about the access government leaders in Beijing might have to data from America’s 150 million TikTok users who are active on the platform each month.

Concerns have also been raised about whether and how the platform’s content moderation policies, algorithmic recommendation engine or other features might be manipulated to advance Chinese interests — including, potentially, by sowing political strife in the U.S. or manipulating or undermining American elections.

Many of these claims are speculative, lacking the type of evidence that might be required if they were presented in a court of law. Nevertheless, for purposes of forcing a divestiture through an act of Congress or a decision by the Committee on Foreign Investment in the United States, they are sufficient.

CFIUS is a nine-member interagency panel that adjudicates questions of whether business transactions between foreign buyers and U.S. targets may raise national security concerns. Since 2020, the committee has investigated TikTok because the platform was created by ByteDance’s 2017 purchase of U.S. startup Musical.ly.

The probe led to negotiations over a deal in which American user data from TikTok would be sold to U.S. based multinational computer technology company Oracle, which would vet and monitor the platform’s algorithms and content moderation practices — but Axios reported on Monday that talks between TikTok and CFIUS have stalled for months.

Parallels to Grindr case

Grindr’s IPO at the New York Stock Exchange (Screen capture: YouTube/NYSE)


As directed by CFIUS, in 2020, Grindr, the location-based app used primarily by gay and bisexual men and transgender or gender diverse communities, was sold by the Chinese-based Beijing Kunlun Tech to San Vicente Acquisition, a firm that was incorporated in Delaware.

According to Ruters, Kunlun’s failure to notify CFIUS when the company purchased Grindr in 2018 was likely one of the reasons the committee decided to force the divestiture and thereby unwind an acquisition that, by that point, had been consummated for two years.

While CFIUS does not share details about the specific nature of national security risks identified with transactions under its review, reporting at the time suggested concerns with Grindr had to do with the Chinese government’s potential to blackmail Americans, potentially including American officials, with data from the app.

Cooley LLP, an international law firm with attorneys who practice in the CFIUS space, notes that the committee uses a “three-part conceptual framework” to assess national security threats:

  1. What is the threat presented by the foreign person’s intent and capabilities to harm U.S. national security?
  2. What aspects of the U.S. business present vulnerabilities to national security?
  3. What would the consequences for U.S. national security be if the foreign person were to exploit the identified vulnerabilities?

The firm writes that “issues that have raised perceived national security risks range from the obvious (e.g., foreign acquisitions of U.S. businesses with federal defense contracts) to the seemingly benign (e.g., foreign minority investments in offshore wind farm projects or online dating apps.)

Cooley additionally notes that CFIUS considers vulnerabilities such as “whether the U.S. business deals in ‘critical technology,’ ‘critical infrastructure’ or ‘sensitive personal data’” and threats such as “the foreign buyer’s/investor’s track record of complying with U.S. and international laws (e.g., export controls, sanctions and anti-corruption regimes.)”

Some critics argue CFIUS has been overzealous in enforcing investment restrictions against Chinese buyers, but assuming this may be true — and putting aside questions of whether U.S. national security concerns are best served by this approach — China’s foreign direct investment has “declined considerably,” according to another global law firm with a substantial CFIUS practice, Morgan Lewis & Bockius LLP.

The firm notes heightened scrutiny has been applied particularly in cases of “Chinese investment in the U.S. biotechnology industry,” while Akin Gump Strauss Hauer & Feld highlighted CFIUS’s expanded jurisdiction over Chinese investments in U.S. real estate — noting, however, that the committee’s increased authority is “unlikely to satisfy members of Congress and state legislators who want to prohibit investments in agricultural and other land by investors from ‘countries of concern’ such as China.”

Two years after the finalization of Grindr’s divestiture in 2020, the company went public on the New York Stock Exchange and enjoyed a 400 percent rise in its stock price. Its current value is $1.75 billion.

TikTok is privately owned, but Angelo Zino, a vice president and senior equity analyst at CFRA Research, told CNBC that the platform’s U.S.-only business “could fetch a valuation north of $60 billion” if Congress passes the bill to force its divestiture from ByteDance.

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National

Anti-LGBTQ+ school hate crimes quadruple in GOP held states

“For the activists and politicians writing these laws, this is just a sign that their plan is working,” said one rights advocate

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Photo courtesy of Texas Trans Rights activist Landon Richie

By Julia Conley | WASHINGTON – The Republican Party’s hateful policies are having a predictable result: more hatefulness.

The GOP’s current targeted attacks on transgender and nonbinary youths are relatively new, with right-wing governors and legislatures in the last few years prioritizing legislation barring young people from living according to their gender identity—but federal data shows the impact the push is already having on the safety of LGBTQ+ kids, with school hate crimes surging in states where attacks on their right to exist have passed.

According to FBI data analyzed by The Washington Post, in states where LGBTQ+ rights have been restricted, an average of about 28 anti-LGBTQ+ hate crimes at K-12 schools and colleges were reported annually between 2015-19. The number tripled to an average of 90 in 2021-22.

In just K-12 schools, the average number of hate crimes went up from 13 per year between 2015-19 to 61 per year from 2021-22—more than quadrupling.

Overall, across the country, there was an average of 108 hate crimes at schools reported annually between 2015-19. Between 2021-22, the average more than doubled to 232.

At the same time, counseling services like the Trevor Project and the Rainbow Youth Project have seen a sharp rise in calls from young LGBTQ+ people distressed by the political rhetoric that’s seeped into their schools.

“My government hates me,” “my school hates me,” and “they don’t want me to exist” are among the fears that young people in states hostile to LGBTQ+ rights regularly report, Lance Preston, founder and executive director of the Rainbow Youth Project told the Post.

“That… is absolutely unacceptable,” he said. “That is shocking.”

The surge in anti-LGBTQ+ hate crimes did not come as a surprise to advocates including Mark Pitcavage, senior research fellow for the Anti-Defamation League’s Center on Extremism.

“Can anybody be surprised if discriminatory laws produce hateful results?” said Pitcavage.

According to the Trevor Project, at least 580 anti-LGBTQ+ bills were being considered in 2023 and at least 53 had been enacted. The Post traced the beginning of the surge back to around 2021.

Recent proposals include a bill advanced by the Florida Legislature to require residents’ driver’s licenses and ID cards identify them as their sex assigned at birth and a ban on gender-affirming care and transgender students playing on sports teams that match their gender identity in Ohio. The latter was vetoed by Republican Gov. Mike DeWine but later moved forward when lawmakers overrode the veto.

The Post released its analysis weeks after the death of Nex Benedict, a nonbinary student in Oklahoma who used they/them pronouns and died a day after a getting in a physical fight with a group of girls in a school bathroom.

Oklahoma’s anti-LGBTQ laws include a ban on gender transition procedures for minors, a law requiring students to use school bathrooms in accordance with their sex assigned at birth, and the so-called Save Women’s Sports Act, pertaining to transgender kids on sports teams. The state is also now considering a requirement that schools teach that “a person’s sex is an immutable biological trait.”

For right-wing politicians and anti-LGBTQ+ activists, said Gillian Branstetter, communications strategist for the ACLU, the surge in hate crimes “is just a sign that their plan is working.”

A transgender 17-year-old named Carden, who lives in Virginia, told the Post that he was harassed twice at school this year over his gender identity, and connected the incidents to the mainstreaming of anti-LGBTQ+ rhetoric by right-wing politicians.

“Kids parrot these ideas in their head, it’s like, ‘Oh, my parents think…,'” Carden told the Post. “Then it translates to being mean to other people their age.”

The Rainbow Youth Project, which offers a hotline for crisis counseling to at-risk LGBTQ+ youth, said the top reason for calling cited by its clients in 2023 was “political rhetoric.” The group recorded an average of about 1,000 calls per month in 2022 and over 1,400 per month last year.

“This legislated hate,” said Alejandra Caraballo of Harvard Law Cyberlaw Clinic, “has consequences.”

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Julia Conley
is a staff writer for Common Dreams.

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The preceding article was previously published by Common Dreams and is republished with permission.

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Federal Government

Senate confirms Sean Patrick Maloney as next OSCD ambassador

Former N.Y. congressman lost to Mike Lawler in 2022

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Former New York Congressman Sean Patrick Maloney (Washington Blade photo by Michael Key)

WASHINGTON — The U.S. Senate on Tuesday confirmed former New York Congressman Sean Patrick Maloney to become the next American ambassador to the Organization for Economic Cooperation and Development.

Maloney, the former chair of the Democratic Congressional Campaign Committee who was also former President Bill Clinton’s White House staff secretary, in 2012 became the first openly gay person elected to Congress from New York. Maloney in 2022 lost to now U.S. Rep. Mike Lawler (R-N.Y.) after the state redrew its congressional districts. 

Biden last May nominated Maloney for the ambassadorship. The Senate approved it by a 63-31 vote margin.

“Thank you, all,” said Maloney in a short X post after the vote.

Michael Carpenter, the current U.S. ambassador to the OECD, is gay.

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