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Supreme Court blocks Trump administration from ending DACA

LGBTQ advocacy groups welcome 5-4 decision

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The U.S. Supreme Court on June 18, 2020, in a 5-4 ruling blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program. (Washington Blade file photo by Michael Key)

The U.S. Supreme Court on Thursday in a 5-4 ruling blocked the Trump administration from ending a program that allows young undocumented immigrants to remain in the U.S. and obtain work permits.

More than 600,000 immigrants have benefitted from the Deferred Action for Childhood Arrivals (DACA) program since the Obama administration enacted it in 2012. The Williams Institute at the UCLA School of Law notes this figure includes 39,000 LGBTQ “Dreamers.”

The Trump administration in 2017 announced it would end the Obama-era program, but this effort was challenged in court.

“Undocumented LGBT young adults are a particularly vulnerable population,” said Williams Institute Research Director Kerith J. Conron in a statement. “DACA helps many of them to get an education, find employment, and support themselves and their families while contributing to the U.S. economy.”

The Human Rights Campaign and the National LGBTQ Task Force are among the LGBTQ advocacy groups that welcomed Thursday’s ruling.

“Today, the Supreme Court put a speedbump in the road for Trump’s attempt to use the lives of undocumented immigrants to drive his nationalist agenda,” said National LGBTQ Task Force Executive Director Rea Carey. “The Supreme Court did the right thing by upholding the right of hundreds of thousands of DACA recipients, many of whom are LGBTQ, to stay in the U.S. to work, attend school and be protected from deportation.”

The Supreme Court issued its DACA decision three days after it ruled Title VII of the Civil Rights Act of 1964 bans employment discrimination based on sexual orientation and gender identity.

Ruby Corado, chief executive officer of Casa Ruby, an LGBTQ community center in D.C., on her Facebook page described the DACA ruling as “another win.” Equality California Executive Director Rick Zbur in a statement said the Supreme Court affirmed “‘Dreamers’ and DACA recipients — tens of thousands of whom are LGBTQ+ — belong here.”

Tony Lima is the chief operating officer of Arianna’s Center, an organization that serves transgender women in South Florida and Puerto Rico. Lima during a telephone interview with the Los Angeles Blade on Thursday noted he is the son of Cuban immigrants when he talked about the DACA ruling.

“As the son of immigrants who have had every opportunity in this country to go to school, to work, to thrive, I think it’s a very exciting thing that the Supreme Court continues to support those that are most marginalized during this very difficult political time,” said Lima.

D.C. Mayor Muriel Bowser is among the elected officials who applauded the ruling.

“’Dreamers’ represent the best of us and our values as a nation of immigrants. ‘Dreamers’ are integral parts of our communities, creating jobs and growing our economy, attending our schools and universities, and helping us build safer, stronger neighborhoods,” said Bowser in a statement. “Today’s decision will help to end the uncertainty on whether they can stay and thrive in the only country they know as home.”

California Attorney General Xavier Becerra — who is among the attorneys general from 20 states and D.C. who challenged the Trump administration’s efforts to end DACA — echoed Bowser.

“Today, justice prevailed for every ‘Dreamer’ who has worked hard to help build our country — our neighbors, teachers, doctors and first responders,” said Becerra in a statement. “Today, America told the Dreamers that this is their home.”

Rhode Island Congressman David Cicilline also welcomed the ruling.

“Dreamers are American citizens in every sense of the word,” said the gay Democrat in a statement. “They were brought here as children. The president and his allies claim they are a burden on our country. To the contrary, they make rich contributions to our society every day.”

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Oklahoma

Medical Examiner releases final autopsy on Nex Benedict’s death

“The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school”

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Oklahoma Medical Examiner's Tulsa office at1627 Southwest Blvd. (Photo Credit: State of Oklahoma)

TULSA, Okla. – The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old trans teen, whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released Page One of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

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

The Owasso Police Department released Body Cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

The District Attorney for Tulsa County, Oklahoma, Steve Kunzweiler, released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the District Attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The Medical Examiner also found yellowing bruises on Benedict’s arms, legs, and torso that were healing before the time of the fight. The Medical Examiner’s Office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ+ advocacy groups GLAAD, the Human Rights Campaign, and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree executive director of Freedom Oklahoma. “A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness, and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Kylan L. Durant, Oklahoma Pride Alliance President said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Superintendent Walters:
    • 82% reported bullying.
    • 62% cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the removal of Ryan Walters as Oklahoma State Superintendent of Public Instruction following his long history of leadership failures and anti-LGBTQ rhetoric. For a comprehensive look at Ryan Walters’ record on LGBTQ people and issues.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, Leader of the Transgender Action Committee at Rainbow Youth Project. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

Sarah Kate Ellis, GLAAD President and CEO in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates, and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

“Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

“The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district,  state superintendent Ryan Walters, the Oklahoma State Department of Education, and into their response after Nex was attacked.”

Photo Credit: Owasso Public Schools, Owasso, Oklahoma.

On March 1, the U.S. Department of Education informed HRC president Kelley Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Lance Preston, the Executive Director of Rainbow Youth Project USA, echoed his fellow non-profit CEO’s at GLAAD and HRC telling the Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58% of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86% of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ+ youth. 

Nex Benedict, a 16-year-old nonbinary student from Oklahoma, died on Feb. 8 after a fight at their high school. (Family photo)

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Ohio

ACLU of Ohio files new lawsuit on gender-affirming care ban

Attorneys argue that a constitutional amendment promoted by Republicans against the Obamacare may actually overturn a trans healthcare ban

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Ohio Statehouse in Columbus. (Photo Credit: Library of Congress photographic collections)

By Erin Reed | COLUMBUS, Ohio – A new lawsuit filed by the ACLU of Ohio alleges that the ban on gender-affirming care, passed into law earlier this year, violates multiple provisions of the Ohio state Constitution.

This action comes in the wake of a decision by the 6th Circuit Court of Appeals, under which Ohio falls, that dismissed federal constitutional concerns regarding bans on gender-affirming care for transgender youth. This latest legal challenge, however, focuses on the Ohio state Constitution and is filed in an Ohio Court of Common Pleas.

According to the recently released filing, attorneys argue that a state constitutional amendmentpassed by Republicans in 2011 to prevent the implementation of the Affordable Care Act (Obamacare), may, in fact, make the ban on gender-affirming care for transgender youth unconstitutional.

In 2011, Republicans in Ohio voiced concerns that the Affordable Care Act would limit healthcare choices. Misinformation about “death panels” became widespread nationally. At the same time, there was controversy over whether individuals could retain their doctors under the new federal healthcare program. In reaction, Ohio Republicans and the local Tea Party, a then-active anti-Obamacare movement within the Republican Party, advocated for a constitutional amendment to prohibit penalties related to the purchase of healthcare or health insurance. The amendment was approved by popular vote and took effect shortly thereafter.

The amendment reads as follows:

(B) No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.

(C) No federal, state, or local law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.

Now, in the latest lawsuit filed by the ACLU, attorneys argue that the new gender affirming care ban for transgender youth set to go into effect on April 24th violates these constitutional protections in the state. In the lawsuit, attorneys argue that “gender-affirming care, including the prescription of puberty-delaying medication and/or hormone therapy to minor patients where appropriate in the judgment of a physician, is ‘health care’ within the meaning of Article I, Section 21.” They argue that the law imposes penalties and prohibits the purchase of health care, rendering it unconstitutional.

Attorneys cite major medical organizations and healthcare guidance to argue that gender-affirming care constitutes healthcare. They note that all major medical organizations in the United States endorse gender-affirming care as medically necessary. These include the American Academy of Pediatrics, the Endocrine Society, and the World Professional Association for Transgender Health, among others. Additionally, the federal Department of Health and Human Services has issued several memos defining gender-affirming care as healthcare. Should a judge concur, they could rule that prohibiting gender-affirming care for transgender youth and penalizing doctors violates the constitutional amendment against “imposing a penalty or fine” for the “sale or purchase of health care.”

This is not the first instance where Republican legislation could lead to overturning a ban on transgender care in a state. In Montana in 2023, Republicans enacted a “right to try” act, aimed at ensuring access to unproven COVID-19 treatments such as ivermectin and hydroxychloroquine as well as any other experimental or non-approved treatment. A Montana judge, in a 2023 ruling, found that specifically banning gender-affirming care on the baseless assertion that it is “experimental,” while simultaneously permitting experimental COVID-19 treatments, was overtly discriminatory. For this and additional reasons, the state court judge decided that the ban on gender-affirming care in Montana should be blocked as likely unconstitutional.

The ACLU lawsuit in Ohio claims several violations of the Ohio Constitution. It argues that the bill infringes upon the “single subject rule,” which mandates that no bill in Ohio should encompass more than one subject. This rule exists to prevent “logrolling” of unrelated issues, ensuring that each matter can be debated individually. Within the state legislative debate over the bill, many Republicans sidestepped discussion of the gender-affirming care ban, focusing instead on the sports-related portion of the bill. At times, the debate seemed disjointed, as if Republicans were addressing two separate pieces of legislation. The intent behind single subject rules is to avoid such scenarios. Given that the Ohio trans ban includes provisions on transgender participation in sports, which bears little relevance to the legal status of transgender healthcare, the ACLU contends that the ban contravenes the Constitution. The ACLU also alleges due process and equal protection violations.

The state lawsuit follows mixed outcomes in federal courts regarding bans on gender-affirming care. While federal courts in the 8th and 9th Circuits have blocked these bans, they have been permitted to take effect in several states within the jurisdictions of the 6th7th, and 11th Circuit Courts. This situation complicates federal challenges for attorneys in Ohio, as Ohio falls under the jurisdiction of the 6th Circuit, which has allowed such bans to be implemented.

It is unknown when the judge will rule on the lawsuit, but the filing asks for a quick resolution given that the gender affirming care ban is set to go into effect on April 24th of this year. Attorneys ask for a temporary restraining order and/or a preliminary injunction barring the state AG from enforcing the legislation as well as the state medical board from imposing penalties on doctors providing gender affirming care.

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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.

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Georgia

Anti-trans omnibus bill passes Georgia Senate, skirts deadlines

An anti-trans “omnibus” bill, dubbed a “Frankenbill” by detractors, has passed in Georgia, with another one pending

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Georgia Senators open a current session in prayer. (Photo Credit: Georgia Senate)

By Erin Reed | ATLANTA, Ga. – Today, Georgia’s Senate passed House Bill 1104, an “omnibus” bill designed to consolidate several anti-transgender policies into a single piece of legislation.

Additionally, the Senate will debate House Bill 1170 later this evening, which proposes adding puberty blockers to a ban on gender-affirming care already passed by the state. Both bills were attached to entirely unrelated legislation as a strategy to circumvent rules that mandate bills pass at least one chamber by a specific deadline, effectively rendering that deadline meaningless for anti-trans legislation.

This weekend, it was announced that both bills would appear on the Senate calendar, and at 4 PM on Tuesday, House Bill 1104 passed on a party-line 33-21 vote. The Georgia Legislature is set to adjourn sine die on Thursday.

This year, more than 14 anti-trans and anti-LGBTQ+ bills were introduced in Georgia. Some of these proposed measures would have forcibly outed transgender youth in the state. Others would ban transgender students from using the bathroom that aligns with their gender identity. The hearings for these bills were met with significant opposition and led to tense encounters. In one notable hearing, only supporters of a bill were permitted to testify, despite a room full of opponents.

Another moment that garnered attention involved a Republican senator in Georgia who approached a girl to vow to protect her with a bathroom ban, only to run away upon discovering she was transgender. The bills did not advance past their respective chambers before “crossover day,” the deadline by which a bill must be passed by at least one chamber or be considered dead.

However, now, the language from those failed bills were added onto entirely unrelated bills in a bid to get around those rules. House Bill 1104 originally was a bill about showing mental health videos to high school athletes in the state. After being amended, that bill would now:

  • Ban transgender students from sports of their gender identity.
  • Ban transgender students from bathrooms of their gender identity, though the scope and enforcement is unclear.
  • Allow parents to be notified of every book a student checks out.
  • Bar sex education before 6th grade and make all sex-ed entirely opt-in.
  • Expands obscenity laws in schools which have been used to ban books.

Similarly, House bill 1170 was a bill originally about opioid overdose protections. That bill has been amended to now bar puberty blockers for transgender youth. Georgia had previously banned gender affirming care for transgender youth, but that ban did not originally include puberty blockers.

The reaction to the attempt to skirt the rules was swift. Isabelle Philip from the Georgia Youth Justice Coalition stated, “Yesterday, HB 1104, a bill to support the mental health of athletes was overwritten to ban trans youth from playing on their school’s sports team and from using the correct bathroom, endangering some of our most vulnerable young Georgians, alongside a slew of other anti-LGBTQ+ restrictions. No substantial notice was given for public comment, which was stacked with far-right extremists, a tactic to exclude us from deliberation that directly impacts us.”

Georgia Equality stated, “Extremists in the State Senate are trying to pass unpopular legislation through anti-democratic means… the majority of Georgians oppose discriminatory anti-LGBTQ policies, & tactics like these are a shameful attempt to silence that majority.”

Then, on Tuesday, House Bill 1104 came up for debate. Democrats delivered scathing criticism, while no Republican stood to speak in favor of the bill except for the bill’s sponsor. Democratic Senator Elena Parent rebuked Republicans for requiring sex education classes to have extensive notices filed before they would be allowed to occur, pointing out that the legislature itself rushed the bill through while skirting public notice and state-required deadlines:

“It is not particularly material to the policy, but it is extraordinarily galling nonetheless and indicative of the hubris that exists within this building, that this legislation requires two public hearings to be put on by the school board… they then have to publicly notice it at least two weeks before they adopt a sex ed curriculum… then they on lines 135-138 have to have the curricula be available and accessible for public comment for at least 45 days before approval of any sex education curricula. Well… this bill popped up in committee with no notice, no 45 days, no opportunity for review, no opportunity for public input, and it wasn’t even online by the time we were voting on it. It is outrageous that we are busy mandating these things for school boards across the state while behaving in the complete opposite way.”

Senator Josh McLaurin called the provisions weak and called out Republican claims of anti-trans poll numbers, stating, “what polls even worse than a perceived lack of fairness in these polls is being a bully.” Polls repeatedly show that most people support equality protections, would be motivated to vote against legislators who make anti-trans politics a major part of their platform, and consistently rank trans issues as one of the lowest priority issues they care about.

Despite no Republican speaking in favor of the bill, HB1104 passed on a party-line 33-21 vote:

Final vote on HB1104 in the Senate.

Georgia may be set to diverge from the trend observed in other states this year, where there has been a retreat from anti-trans legislation. For example, several bills were defeated in Florida targeting LGBTQ+ people, including several specifically targeting transgender individuals.

In West Virginia, dozens of proposed anti-LGBTQ+ bills met a similar fate. At the national level, during budget negotiations, Democrats were able to eliminate 50 anti-trans provisions. Other Southern states, including Louisiana, Mississippi, and Alabama, appear to be advancing severe anti-trans legislation.

House Bill 1170 is still slated for a vote in the Senate. Should it pass, both it and HB1104 will go to the House for final concurrence, whereupon they will need the Governor’s signature for final passage into law.

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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.

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New Hampshire

New Hampshire bill passes, bars trans kids from girls’ sports teams

“This bill targets a small group of student athletes claiming there is a categorical advantage when there is not”

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House Bill 1205 would require parents of students to produce a birth certificate to prove to school districts their child’s sex at birth before they could participate in a team sport. The bill was voted on during the March 21, 2024, session. (Ethan DeWitt/New Hampshire Bulletin)

By Ethan DeWitt | CONCORD, N.H. – The New Hampshire House approved a bill to bar transgender girls from participating in female sports teams in K-12 schools and public colleges and universities, in a 189-182 vote that drew criticism from LGBTQ+ rights groups.

House Bill 1205 would require parents of students to produce a birth certificate to prove to school districts their child’s sex at birth before they could participate in a team sport. Those students whose birth certificate does not indicate their sex at birth would need to “provide other evidence” for it, according to the bill.

The bill would require all interscholastic, intercollegiate, intramural, or club athletic teams that are sponsored by a school to label themselves according to binary genders. The teams would need to be labeled into three groups: “males,” “men,” or “boys”; “females,” “women,” or “girls”; and “coed” or “mixed.” Teams designated for “females,” “women,” or “girls” would not be allowed to accept people born biologically male.

Under the bill, a student who is aggrieved by a lack of compliance with the bill could bring legal action against the school and seek damages or injunctive relief from a court, in addition to attorney’s fees. The legislation would also bar any licensing or accrediting organization, athletic association, or government entity from “entertaining” a complaint against a school on the basis of separating teams by genders, opening an investigation, or taking adverse action. 

The bill would apply to grades 5 through 12. 

Supporters of the bill characterized it as a women’s rights issue, and argued that trans girls and women who are born biologically male can have an unfair physiological advantage over their cisgender peers. They said the bill would uphold the spirit of Title IX, which barred sex-based discrimination in educational programs, arguing that limiting sports to cisgender women would protect the purpose of female sports teams. 

But opponents denounced the bill as an attack on the rights of trans girls and women to participate in sports, and they said the bill would put schools in violation of Title IX, not in alignment with it.

“This bill targets a small group of student athletes claiming there is a categorical advantage when there is not,” said Rep. Alexis Simpson, an Exeter Democrat. 

Speaking to the House Thursday, Simpson raised privacy concerns around how students who don’t have applicable birth certificates could prove their biological gender. 

Simpson added that the bill could directly violate Title IX because it would bar boys from participating on girls teams, which is not allowed under Title IX. That could require schools to designate all girls teams as coed teams to avoid the potential for funding to be withdrawn, she said. 

And she said the bill would violate the federal law for a more basic reason: It would bar opportunities for trans students to access the sports team of their gender identity, and Title IX prohibits sex-based exclusion. 

“Title IX protects student athletes, ensuring they can participate in the sport at their school if it is offered, even if it’s not offered for their specific gender,” Simpson said. “Title IX is how girls were able to start participating in sports in the first place.”

Some rights groups, such as 603 Equality, Seacoast Outright, the American Civil Liberties Union of New Hampshire, and GLBTQ Legal Advocates and Defenders, denounced the bill’s passage. 

“Today, the so-called ‘Live Free or Die’ state chose to exclude transgender girls from participating on girls sports teams, cruelly taking away opportunities to learn teamwork, improve mental health, and belong with other girls,” said Linds Jakows, founder of 603 Equality. 

But Republicans argued that trans girls would not be shut out from sports and would only need to join coed or boys’ teams.

Rep. Katy Peternel, a Wolfeboro Republican, said the bill was necessary because the New Hampshire Interscholastic Athletic Association had passed a policy that allows trans students to play on sports teams. Without the bill, there was no recourse to other girls who felt it was unfair.

Peternel argued that some girls could be cut from higher teams because they are displaced by trans girls, which could affect their ability to acquire scholarships in college.

“What about the girls whose self-esteem and mental health suffers because they can’t live out their true authentic selves?” Peternel said. “These girls work hard to train and practice only to have their dreams crushed by allowing biological males to compete in women’s sports.”

For Lane, a transgender woman who requested that her last name be omitted, competing in girls sports as a transgender girl was also important to living out her authentic self.

As a fifth grader, Lane was quickly enamored with soccer, following in the footsteps of her dad, who played it in college. “It’s sort of ingrained in my DNA,” she said in an interview with the Bulletin. “I just found so much joy in doing it.” 

Fifth grade was the first year Lane played soccer, at a private school in Maine. It was also the year she came out as a trans girl to her school. Her classmates and teachers were supportive, she said. And the girls’ soccer team welcomed her, too.

“I was accepted by everyone,” said Lane, who has since graduated high school. “I was seen as a girl. I went to the bathroom as a girl. … And it would be weird if there was an exception on the soccer field.”

Lane, who testified against HB 1205 earlier this year, said while she had an accepting environment growing up, other transgender students do not, and bills barring them from girls’ sports would only exacerbate that. If her school had prevented her from joining her girls’ team, she would not have played, she said.

“Sports are a huge part of upbringing,” she said. “They’re a huge part of growing up. Trans kids are kids and they shouldn’t be denied that experience because they’re trans.”

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Ethan DeWitt is the New Hampshire Bulletin’s education reporter. Previously, he worked as the New Hampshire State House reporter for the Concord Monitor, covering the state, the Legislature, and the New Hampshire presidential primary. A Westmoreland native, Ethan started his career as the politics and health care reporter at the Keene Sentinel.

Email: [email protected]

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The preceding article was previously published by the New Hampshire Bulletin and is republished with permission.

New Hampshire Bulletin is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Pennsylvania

Book event preemptively cancelled at another Pennsylvania library

The event was planned as a fundraiser for the Quarryville Library after Fulton Township revoked its funding

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Quarryville Library Center at 357 Buck Rd in Quarryville serves all of Southern Lancaster County. (Photo Credit: Quarryville Library/Facebook)

QUARRYVILLE, Penn. – An April book reading in southern Lancaster County, Pennsylvania featuring author Kevin Naff, the editor of the Washington Blade, and Nick Benton, owner and editor of the Falls Church News-Press, was canceled this week following bomb threats targeting the Lancaster Public Library this past weekend.

A previously scheduled Drag Queen Story Hour event to be held Saturday morning at the Lancaster Public Library, and co-hosted by Lancaster Pride, was abruptly cancelled after a suspicious package and multiple bomb threats that investigators categorized as “additional written threats via email were made.” 

Lancaster Pride in a Facebook Post noted:

“Drag Story Hour with Miss Amie in collaboration with the Lancaster Public Library has been canceled. The safety and well-being of our community are of utmost importance to us. We apologize for any inconvenience this may cause and appreciate your understanding.”

Lissa Holland, the library’s executive director, told LancasterOnline that she was “really sad, very disappointed and angry” about the cancellation.

“The library should be a place of safety. … And as I’ve told people numerous times this week like every book in the library is not for every person, every program is maybe not for every person. But we don’t censor,” she said.

Naff was scheduled to read from his book, “How We Won the War for LGBTQ Equality — And How Our Enemies Could Take It All Away,” at a Lancaster-area library event moderated by Benton on April 18. A library official declined to comment on the cancellation.

“I am disappointed by the cancellation but it was the right call given the recent threats targeting the LGBTQ community in Lancaster,” said Naff. “MAGA Republicans must dial back their rhetoric and their attacks on our community; they are dangerous and draconian and will cost lives.”

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The event was planned as a fundraiser for the Quarryville Library after Fulton Township revoked its funding because the library carries LGBTQ-themed books. 

“I think everyone is a little bit surprised. We are in a conservative area so everyone has their own beliefs but as the public library we are here to serve everyone,” interim director of the library Sarah Bower told WHTM News in November after the funding was canceled.

Johnny Weir, the Olympic figure skater and commentator, is from Quarryville and later donated $1,000 to the library. Weir was supporting Naff’s April 18 event and promoting it on social media. 

“It is a sad reality that fear generated by threats of violence that have escalated in the Trump era is stifling the public’s access to a free and open sharing of views, an outcome that is in absolutely no one’s best interest,” said Benton.  

Editor’s note: To donate to the Quarryville Library, visit: (Link

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award

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Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

WASHINGTON — The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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Kansas

Trans Kansans appeal court block on changes to gender markers

Shawnee County District Court Judge Teresa Watson issued a block on gender marker changes for driver’s licenses

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Kansas Attorney General Kris Kobach offers his opinion during a June 26, 2023, news conference about how Senate Bill 180 should be implemented. (Sam Bailey/Kansas Reflector)

By Rachel Mipro | TOPEKA, Kan. — Transgender Kansans are challenging a district court’s ban on changing driver’s license gender markers as the courts try to determine the full scope of a divisive and vague law governing the state’s transgender residents.

The American Civil Liberties Union of Kansas, which represents the five transgender Kansans in the case, announced the appeal Thursday. D.C. Hiegert, LGBTQ+ legal fellow for the ACLU of Kansas, said the court’s ruling was based on an “overbroad interpretation” of the law.

“The court has decided that the state’s administrative interest outweighs the threat of harassment, discrimination and violence to individual Kansans,” Hiegert said. “This is clearly dangerous, and it wholly contradicts the tragic reality of current trends.”

Shawnee County District Judge Teresa Watson last week issued a block on gender marker changes for driver’s licenses, siding with Kansas Attorney General Kris Kobach’s interpretation of Senate Bill 180. Under the law, genders are defined by reproductive organs, and state agencies that collect vital statistics are directed to identify individuals “as either male or female at birth.” Kobach argued this provision proves the need for driver’s licenses to show sex assigned at birth.

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Kobach called the decision a “victory for the rule of law and common sense.” He filed the lawsuit against the Kansas Department of Revenue’s Division of Vehicles in July.

After he filed, the district court issued a temporary restraining order blocking Gov. Laura Kelly’s administration from making gender marker changes on identity cards and driver’s licenses. The court granted the ACLU of Kansas permission to intervene in the lawsuit on behalf of five transgender Kansans who would be harmed by the gender marker ban, and arguments were held in January.

“The Kansas Constitution’s Bill of Rights guarantees all Kansans, including those who are transgender, rights of personal autonomy, privacy and equality,” Hiegert said. “The court has mistakenly adopted the attorney general’s overbroad interpretation of SB 180, which provides no language whatsoever requiring the state to force Kansans to carry inaccurate identification cards, against their fundamental rights.”

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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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The White House

White House reacts to Pride Flag ban in spending bill

Nearly 50 anti-LGBTQ riders were defeated that Republicans tried to force into the government funding bill

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Press Secretary Karine Jean-Pierre answers questions from members of the press in the James Brady Press Briefing Room at the White House. (Official White House Photo by Katie Ricks)

WASHINGTON – The White House provided a statement reacting to an anti-LGBTQ+ provision in the omnibus spending appropriations bill signed by President Biden on Saturday. Nearly 50 anti-LGBTQ riders were defeated that Republicans had tried to force into the government funding bill, however, the provision to ban display of Pride Flag at U.S. Embassies and diplomatic missions made it into the final version.

“President Biden believes it was inappropriate to abuse the process that was essential to keep the government open by including this policy targeting LGBTQI+ Americans. While it will have no impact on the ability of members of the LGBTQI+ community to serve openly in our embassies or to celebrate Pride, the Administration fought against the inclusion of this policy and we will continue to work with members of Congress to find an opportunity to repeal it,” the White House statement read.

“We were successful in defeating 50+ other policy riders attacking the LGBTQI+ community that Congressional Republicans attempted to insert into the legislation. President Biden is committed to fighting for LGBTQI+ equality at home and abroad,” it added.

On Saturday the White House released a signing statement from the president which read:

“The bipartisan funding bill I just signed keeps the government open, invests in the American people, and strengthens our economy and national security. This agreement represents a compromise, which means neither side got everything it wanted. But it rejects extreme cuts from House Republicans and expands access to child care, invests in cancer research, funds mental health and substance use care, advances American leadership abroad, and provides resources to secure the border that my Administration successfully fought to include. That’s good news for the American people.
 
But I want to be clear: Congress’s work isn’t finished. The House must pass the bipartisan national security supplemental to advance our national security interests. And Congress must pass the bipartisan border security agreement—the toughest and fairest reforms in decades—to ensure we have the policies and funding needed to secure the border. It’s time to get this done.”

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Washington

Law requiring Washington schools to teach LGBTQ+ history signed

The fact that LGBTQ+ people are not specifically mentioned in the language of the bill angered conservatives

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Washington Governor Jay Inslee speaking at an engagement in January of 2023. (Photo Credit: Office of the Governor)

OLYMPIA, Wash. – Washington’s Democratic Gov. Jay Inslee signed a law this past week which mandates that the state’s schools add LGBTQ+ history to their curriculum starting in the 2025-2026 school year.

Senate Bill 5462, will mandate schools incorporate adopting inclusive curricula and selecting inclusive instructional materials that include the histories, contributions, and perspectives of historically marginalized and underrepresented groups including those in the LGBTQ+ community.

Now that Gov. Inslee signed the bill into law, it directs the state to create a curriculum that highlights the many contributions people of different races, ethnicities and even sexual orientations have made.

The fact that LGBTQ+ people are not specifically mentioned in the language of the bill has angered conservatives and groups opposed to LGBTQ+ equality and rights. “I don’t believe that’s the state’s responsibility. When you break down our main reason for being opposed to more or less the sexualization of children at that very young age,” Brian Noble, with the Family Policy Institute of Washington, told KOMO News.

Danni Askini, with the Gender Justice League, gave KOMO News a different perspective.

“I think that this is based on a stereotype. And I think that even mentioning that LGBTQ+ people are sexual is like mentioning mothers get pregnant and have babies that are somehow sexual. It’s not inherently sexual. It’s a fact of life. Acknowledging the existence of LGBT people does not inherently sexualize anybody, and it does not promote sexual behavior,” said Askini.

“I have no problem with us informing about cultures about different areas like that,” said Noble. “But when it comes to our sexual behavior, those histories and what we’re heightening as acceptable, and as normal, I do believe the conversation should happen between the child and their parent or parents.”

During a public hearing on the measure, Gary Wilson, a conservative family values candidate in the last election for the Evergreen Public Schools School Board, who was also endorsed by the Family Policy Institute of Washington said:

“This bill, forcing curriculum selection that would praise and highlight gay pride activists or gender-confused individuals, will only drive more parents away as our public education system seeks to promote agendas over public education.”

According to KOMO News, Sen. Marko Liias, the bill’s sponsor, argued the contributions of gay Washingtonians deserve recognition. He also said students who see themselves in their schoolwork miss fewer days of school and perform better academically.

The Gender Justice League’s Askini noted:

“Acknowledging the facts of our community, the reality of the world that we live in, and the people that are in that world is not the same as encouraging any type of one type of behavior or one belief.”

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Pennsylvania

“Drag Queen Story Hour” cancelled after multiple bomb threats

The event had drawn considerable opposition after Republican officials Commissioner Ray D’Agostino & Josh Parsons denounced the event

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Lancaster Public Library, 151 N. Queen Street, Lancaster, PA. (Photo Credit: Lancaster Public Library)

LANCASTER, Penn. – A previously scheduled Drag Queen Story Hour event to be held Saturday morning at the Lancaster Public Library, and co-hosted by Lancaster Pride, was abruptly cancelled after a suspicious package and multiple bomb threats that investigators categorized as “additional written threats via email were made.”

The Lancaster City Bureau of Police issued a statement in regard to the incident Saturday afternoon;

“At 9:19 a.m. on Saturday, a Lancaster City Police K-9 and Lancaster County Sheriff Deputy K-9 alerted their handlers to a suspicious package inside the Lancaster Public Library during a preplanned sweep. The Pennsylvania State Police bomb squad was immediately notified. The 100 block of N. Queen St. was closed and the businesses surrounding the library were notified.

After an extensive investigation, the Pennsylvania State Police bomb squad cleared the scene.  There are a number of reasons why the dogs could have alerted on it, but we cannot speculate on the cause as we do not have confirmation. We can confirm that the contents of the package were benign.

Subsequently, we received additional bomb threats via email of explosive devices planted in the areas of the 100 block of N. Lime and 100 block of N. Queen in Lancaster City as well as outside of our jurisdiction. An evacuation notice was immediately ordered, and the Lancaster City police took steps to secure the areas.  When it was deemed safe, K-9s were sent to the affected areas to clear the scenes. We can confirm that no explosive devices were found. The areas are now reopened, and there is no danger to the public at this time.” 

Christopher Paolini, who performs as Drag Story Hour with Miss Amie Vanité.
(Photo by Christopher Paolini)

The library put out a notification on its social media that read: “Due to unforeseen circumstances, Drag Story Hour has been canceled, and the library will not open today. The safety and well-being of our community is of utmost importance to us.” The co-host of the event We regret to inform you that due to unforeseen circumstances, the Lancaster Pride event, Lancaster Pride in a Facebook Post noted:

“Drag Story Hour with Miss Amie in collaboration with the Lancaster Public Library has been canceled. The safety and well-being of our community are of utmost importance to us. We apologize for any inconvenience this may cause and appreciate your understanding.”

“Not only do bomb threats disrupt the peace and safety of our community, they waste valuable public resources. These threats trigger costly responses and stretch our resources thin, leaving our community vulnerable to genuine emergencies. Bomb threats will not be tolerated, and we are committed to identifying and prosecuting those responsible,” said Lancaster Police Chief Richard Mendez.

Lissa Holland, the library’s executive director, told LancasterOnline that she was “really sad, very disappointed and angry” about the cancellation.

“The library should be a place of safety. … And as I’ve told people numerous times this week like every book in the library is not for every person, every program is maybe not for every person. But we don’t censor,” she said.

According to LancasterOnline, the event had drawn considerable opposition after conservative elected Republican officials Commissioner Ray D’Agostino and Commissioner Josh Parsons denounced the event. In a statement to the paper, Parsons said that “libraries “should be places for kids to safely read and learn, not politicized social laboratories for woke ideology.” D’Agostino told the media outlet he thought there was a link between children being more “confused, anxious and stressed” than ever and people “trying to push adult-themed issues at such an early age.”

The Lancaster LGBTQ+ Coalition blasted comments from the two Republicans in a Facebook Post: “We want to be clear that drag story hours for children are NOT the same as adult drag performances,” the group said. The performer, the group said, “is a professional who has done other story hours for children. She dresses up in fun, whimsical costumes, sings age-appropriate songs, and reads age-appropriate books.”

Christopher Paolini, 38, who performs as Drag Story Hour with Miss Amie Vanité told the media outlet that he arrived at the library early to change into his costume and to avoid what was expected to be a mix of supporters and protesters who planned to gather outside ahead of the first show, scheduled for 1 p.m.

After Paolini arrived, representatives from the library and Lancaster Pride, the event sponsor, were waiting for Lancaster City Police officers to conduct a security sweep.

“I got there and started to unpack my stuff,” Paolini said. That’s when police told those inside the library to evacuate immediately after police K-9 had reacted to a package that was delivered on Friday.

He told the LancasterOnline “he believes that hosting story hour for children is too important for him to stop in the face of threats. But like others who organized the event, he’s not sure yet whether this one will be rescheduled.”

“It was supposed to be fun, and happy and great, and loving and caring kind—all the good things,” Paolini said. “And somebody had to go and create what was a safe space and make it dangerous, not just for children. But for everybody.”

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