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Mississippi governor signs first anti-transgender bill of 2021

New law denies trans student athletes access to sports

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(Washington Blade photo by Michael K. Lavers)

JACKSON, Miss. — Mississippi Gov. Tate Reeves signed into law on Wednesday a bill banning the state’s transgender student athletes from participating in sports consistent with their gender identity.

Jace Pierce, a 35-year-old trans man who was born and raised in Mississippi but has since relocated to Oregon because of his wife’s job, was saddened by the news.

“I feel it just continues to further push the idea that transgender individuals are a threat and that’s dangerous,” Pierce told the Blade. “I can, at times, understand some concerns that people may have but that’s only because they are uninformed.”

Rev. Brandiilyne Mangum-Dear, a 46-year-old cisgender lesbian, lives in Laurel, a city in Mississippi’s Pine Belt. She and her gender-fluid wife were both disappointed by Reeves’ decision to sign the bill, but they remain hopeful.

“We are incredibly saddened and angered by this bill, but we are not surprised. Unfortunately, this is the climate of our state. Bigotry and hate for the LGBTQAI community are deeply woven into the tapestry that is the south,” she said. “This bill, like the anti-LGBT bills that came before, will be a rallying point for our community.“ 

Senate Bill 2536, sponsored by state Sen. Angela Burks Hill (R-Marion, Pearl River Counties), is one of many anti-trans measures advancing through state legislatures across the country, according to Freedom for All Americans. SB 2536 is the first to be signed into law this year.

“This law is a solution in search of a problem, and legislators in Mississippi have not provided any examples of Mississippi transgender athletes gaming the system for a competitive advantage because none exist,” Human Rights Campaign President Alphonso David said in a press release. “While transgender athletes have been competing at every level for years without incident, Gov. Reeves is signing this bill while Mississippians continue to suffer and real issues go unaddressed.”

Mississippi Republicans currently hold a two-thirds majority over Democrats in both chambers of the state’s legislature. This bill passed both chambers along party lines in the state Senate but with some Democratic support in the House of Representatives.

The new law requires public schools, colleges and universities to “designate its athletic teams or sports according to biological sex.” It also bars government agencies, including accrediting and athletic associations, from taking adverse actions against public educational institutions that discriminate against trans student athletes.

The law also states disputes regarding a student’s gender identity must be resolved by a physician attesting to the student’s sex “based solely upon” a check of the student’s reproductive anatomy, “endogenously produced levels of testosterone” and genetic makeup.

“If there’s one thing that we are passionate about in the Reeves family, it’s my daughters’ sports,” Reeves, a Republican, said in a Facebook post supporting the new restrictions. “I know that the lessons learned through team sports have led to so many successful lives and careers for women and have truly helped provide a more equal opportunity for success in our world.”

Senate Bill 2536 received bipartisan support in the Mississippi Legislature. (Washington Blade photo by Michael Key)

Human Rights Campaign Mississippi State Director Rob Hill, however, said in response to the new law that all children deserve an equal opportunity to participate in youth sports.

“Every kid deserves the opportunity to learn the values of participation, team work, and work ethic that come with youth sports,” he stated on Wednesday during a press conference.

President Biden on Jan. 20 issued an executive order extending equal protection from discrimination based on gender identity and sexual orientation. 

The order stated “children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports” and noted the “unconscionably high levels” of violence and discrimination that Black trans people in particular face.

Reeves, however, also stated in his Facebook post that he didn’t “understand why politicians are pushing children into transgenderism in the first place. And my heart breaks for the young women across America who will lose in this radical social experiment.”

Mangum-Dear condemned Reeves’ statements and actions as “transphobic.”

“Gov. Tate Reeves and many leaders in our state are transphobic bigots cloaked in pseudo-Christianity,” she said. “They choose hate and ignorance over love and truth. We stand firmly with our transgender family and will continue defend our community.”

The text of the anti-trans Mississippi ban cites support from Duke Law Professor and All-American track athlete Doriane Coleman, Martina Navratilova, and Olympic gold medalist Sanya Richards-Ross. All stated trans females have a “biological” advantage over cisgender women and “claims to the contrary are simply a denial of science.”

The bill also mentioned an often cited 2010 study published in the Journal of Sports Science and Medicine that analyzed top Olympic performers in swimming and other events and found a persistent performance gap between cisgender males and females since 1983. The measure nevertheless failed to mention contrary or more recent research that either drills down into a particular sport like “Sex Differences in Youth Elite Swimming” from 2019 or compares performance in different events, such as “The Age-Related Performance Decline in Ironman Triathlon Starts Earlier in Swimming than in Cycling and Running” from 2018.

These studies, for example, found that an athlete’s age, build and the type of event were other important “biological” factors to consider as well when accounting for performance differences and changes over time.

The youth swimming study, in particular, found “there were no sex-related differences in swimming performance prior to age 10.”

‘SB 2536 isn’t about protecting fairness in women’s sports’

“Boys and girls always compete together from the moment they hit the playgrounds,” Pierce said. “It’s not until the adults who ‘know better’ and decide to step in to ‘correct’ that it becomes an issue.”

The Mississippi American Civil Liberties Union, however, stated in their Wednesday release that “SB 2536 isn’t about protecting fairness in women’s sports.”

“It’s about erasing and excluding trans people from participation in all aspects of public life,” the group stated. “It’s about creating solutions to problems that don’t exist. Not once have the supporters of this bill cited an actual dispute over this issue in Mississippi.”

HRC noted 55 major U.S. corporations such as Amazon, American Airlines, Apple, Nike and others oppose anti-trans legislation introduced in various state legislatures across the country. They also point out nearly 550 college athletes have demand the NCAA pull championships from states with anti-trans sports legislation.

More than 7 million youth-serving professionals and more than 1,000 child welfare groups also called for legislatures to oppose bills that target trans children, according to HRC.

“What makes SB 2536 so much worse than the routine fear-mongering is that it targets children. That cannot be lost in this discussion,” said the Mississippi ACLU in a statement. “Whatever your politics, we should all agree that ostracizing middle and high school kids is not something to celebrate.”

David added in HRC’s statement that “transgender kids deserve better and so does Mississippi.”

The law is slated to go into effect on July 1.

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National

Libs of TikTok’s Raichik says Washington Post reporter is a “lizard”

Chaya Raichik is livid after this weekend’s Washington Post interview revealed her to be an admitted and unrepentant liar

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Libs of TikTok is interviewed by Washington Post journalist Taylor Lorenz.in California. (Screenshot/YouTube The Washington Post)

By Joe Jervis | NEW YORK – Libs Of TikTok creator Chaya Raichik is livid after this weekend’s Washington Post interview revealed her to be an admitted and unrepentant liar who revels in accusations of having incited terrorism, which Raichik says makes her feel “important.”

Today she writes this about the reporter Taylor Lorenz: 

– she’s not at all concerned about our open border and millions of people invading our country
– she’s pro mutilation and castration of minors
– she wants p*rn in schools
– she wants the media to be allowed to defame me with impunity
– she wants me to be responsible for all reactions, comments, and actions that happen after I post a tiktok but doesn’t want to take responsibility for what happens after her reporting on me
– she’s a lizard person
– she’s scared of people knowing her age
– she’s still wearing a mask outdoors in 2024

Lorenz has said she is immuno-compromised. Of note, “lizard person” is a common QAnon claim about people they accuse of pedophilia. Many of them actually believe in literal so-called “reptilians.”

Libs also tweeted:

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Joe Jervis is a senior editor and veteran journalist whose Joe.My.God blog reaches nearly 1.5 million visitors every month as he covers issues of importance to the LGBTQ+ community.

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Texas

Abbott: UN can ‘pound sand’ amid criticism of anti-LGBTQ policies

Letter issued last month to the United Nations that expressed alarm over the “deteriorating human rights situation” for LGBTQ Texans

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Texas Republican Texas Gov. Greg Abbott signs the “Save Women’s Sports Act” on Aug. 7, 2023. (Photo courtesy of the Office of the Governor)

AUSTIN, Texas – Gov. Greg Abbott (R) on Sunday dismissed news coverage of a letter issued last month to the United Nations that expressed alarm over the “deteriorating human rights situation” for LGBTQ people in the Lone Star State.

Signed by Equality Texas, ACLU of Texas, GLAAD, the Human Rights Campaign, and the University of Texas at Austin School of Law Human Rights Clinic, the letter details how Texas legislators introduced 141 bills targeting the LGBTQ community, passing seven into law.

“The UN can go pound sand,” Abbott wrote in a post on X.

Related

In 2023, the governor signed a ban on gender affirming care for transgender youth, a ban on diversity, equity, and inclusion programs at public universities, a ban on transgender athletes competing in college sports, a law allowing schools to use religious chaplains for counseling services, a ban on “sexually oriented performances” on public property accessible to minors (which targets drag shows), a law allowing schools to restrict LGBTQ books, and a ban on nondiscrimination ordinances by local governments.

The groups argued in their letter that these policies constitute a “systemic discriminatory policy” in violation of international human rights laws, such as the International Covenant on Civil and Political Rights, a multilateral treaty whose tenets are enforced by the UN Human Rights Committee.

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Texas

One less safe space: The impact of UT-Austin’s new DEI ban

The new state law prohibits public universities from having diversity, equity & inclusion programs. Students say schools are overcorrecting

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Lecturer Paige Schilt planned to talk about how to find mentors as an LGBTQ student navigating higher education for the first time, but her talk was replaced with another lecture after UT-Austin’s legal office had raised concerns the lecture could violate SB 17. (Photo Credit: Maria Crane/The Texas Tribune)

By Kate McGee and Ikram Mohamed | AUSTIN, Texas – Aaliyah Barlow needed to raise $20,000 by the end of the month.

As president of the University of Texas at Austin’s Black Student Alliance, a student group, the junior is in charge of securing funding for three dozen of her peers to attend an annual conference for Black student leaders within the Big 12 Athletic Conference. For months, she’s been asking different colleges and departments within the university to sponsor their travel, as they’ve always done before.

But this year, it’s been crickets.

President Jay Hartzell’s office — usually their largest supporter — didn’t return emails, she said. Neither did other typically supportive departments. At least one other department flatly said no.

She was told it was because of Senate Bill 17, the new state law that bans diversity, equity and inclusion offices, programs and training in Texas public universities.

As of Friday, Barlow said she and her peers have raised about $6,000, which will cover half the students originally set on attending. Instead of renting a bus, they now plan to drive the 14-hour trip. Or they’ll meet up with another school along the way to take their bus to the conference.

“It’s been really frustrating, especially since we’ve been getting money from these places every single year,” Barlow said. “We’re just a student organization … so I assumed we’d be okay. But that’s not the case, unfortunately.”

Students walk past the former Multicultural Engagement Center during a passing period on Feb. 20, 2024.
Students walk past the former Multicultural Engagement Center during a passing period on Feb. 20, 2024. (Photo Credit: Maria Crane/The Texas Tribune)

Situations like Barlow’s are playing out on college campuses across the state. At UT-Austin in particular, feelings have been fraught with students and advocates saying the school is going above and beyond what’s required by the state’s DEI ban.

Since the law went into effect at the beginning of this year, UT-Austin has closed a beloved multicultural center that housed several student organizations sponsored by the school and ended a scholarship program for undocumented students. This month, the undergraduate college canceled a lecture on finding mentors in higher education through the lens of the LGBTQ student experience after university lawyers argued it could be construed as diversity training. Some students say university officials have gone back on their word, often with little explanation, after promising that certain programs would not be impacted by the ban.

“I don’t think people even understood for real what it was until January 1, when they came back and they noticed the [Division of Diversity and Student Engagement] is not here anymore. They noticed the Multicultural Engagement Center letters have been ripped off the wall of this room,” Barlow said. “It wasn’t taken seriously because I don’t think people really understood how severe it was until it was already in effect and it was too late.”

Critics of the law say the ban’s language is vague and universities’ legal teams are advising their clients to play it safe with their interpretation of it. They believe the tendency is to overcorrect, which is ultimately harming students and faculty.

“It’s becoming a tool to usher in a colorblind university system in a way that is evasive of the history of race discrimination, evasive of state-sanctioned exclusion, not to mention attacks on the queer community,” said Antonio Ingram II, a lawyer with the Legal Defense Fund, a Washington, D.C.-based legal organization that focuses on racial justice.

UT-Austin officials have provided little information to students and faculty who have demanded more transparency about how they are interpreting the law. They did not respond to interview requests or a list of written questions.

Amid that silence, students are scrambling to fill the financial gaps and continue traditions the university used to support.

Aaliyah Barlow helps to lead the Black Student Alliance meeting at the University of Texas at Austin on Feb. 19, 2024.
Aaliyah Barlow helps to lead the Black Student Alliance meeting at the University of Texas at Austin on Feb. 19, 2024. (Photo Credit: Maria Crane/The Texas Tribune)

Texas’ DEI ban

Early last year, conservative think tanks started to home in on DEI offices, accusing them of indoctrinating students with left-wing ideology and forcing universities to hire people based on how much they support diversity efforts rather than on merit and achievement. Republican lawmakers agreed and have introduced legislation targeting these offices across the country. Texas became the second state to ban DEI offices, programs and training at public universities, following Florida.

“DEI programs have been shown to be exclusive, they have been shown to be ineffective and they have shown to be politically charged,” state Sen. Brandon Creighton, R-Conroe, the ban’s author, said on the Senate floor last year. “Many of these programs have been weaponized to compel speech instead of protecting free speech.”

Over the past few years, DEI offices have become increasingly common at universities. They are typically charged with boosting faculty diversity and helping students from all backgrounds succeed.

These offices often coordinate mentorships, tutoring and support programs to help students from underrepresented groups feel welcome and find a community on their campuses. They also provide spaces for a wide range of student groups to gather, from students of color and LGBTQ students to students with disabilities and veterans. In addition, these offices help departments cast a wide net when searching for job candidates and ensure that universities don’t violate federal discrimination laws.

Student talk, sit and read on the South Mall a the University of Texas at Austin on Feb. 22, 2024. The UT Tower is located north of the South Mall.
Students gather at the University of Texas at Austin’s South Mall on Feb. 22, 2024. 
(Photo Credit: Maria Crane/The Texas Tribune)

Faculty and students have argued that banning universities’ DEI efforts would make it harder to recruit and retain top faculty and could lead some students to feel unwelcome and unsafe on campus. They also argue it walks back years of progress toward making sure that everyone, especially underrepresented students or those previously barred from entry, can succeed in school.

Texas’ DEI ban states that public colleges and universities cannot create diversity offices, hire employees to conduct DEI work, or require any DEI training as a condition for being hired by or admitted to the university. All hiring practices must be “color-blind and sex-neutral,” the law says.

The law also lists some areas that it should not affect, including course instruction, faculty research, student organizations, guest speakers, data collection or admissions. It specifies that it does not apply to any “policy, practice, procedure, program, or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity.”

In preparation for the law’s implementation, UT-Austin administrators shared with students and employees guidance from the University of Texas System, which oversees the school, about what is permitted under the ban. For instance, system guidance states that while student organizations are exempt from prohibitions, some of those groups may shut down based on the extent of institutional support they receive from the university.

“As with all new laws, I fully expect that there will be divided opinions on our campus about both the law itself and its eventual impacts on our University,” Hartzell wrote in a December letter to the campus community. “But it is the law, and with compassion and respect for all of our community members, we will comply.”

Students walk in and out of the William C. Powers Student Activity Center at the University of Texas at Austin on Feb. 22, 2024. A sign saying 'Make it Your Texas' is on the windows above the entrance.
A sign reads “Make it Your Texas” above the entrance of the William C. Powers Student Activity Center at the University of Texas at Austin. 
(Photo Credit: Maria Crane/The Texas Tribune)

“What they said wouldn’t happen, happened”

The DEI ban’s exclusions led students like Guadalupe — a UT-Austin junior who is undocumented and asked to be identified only by her middle name out of fear of making her immigration status public — to believe that some of the programs she relied on throughout her time at the university would not be affected.

She mentioned the Monarch Program, which provided support and scholarships to students from undocumented families or with fluid immigration statuses. It was founded in 2016 by a UT-Austin graduate student, but the university took it over, hiring its first full-time employee in 2021 and funneling university funding for the first time just last year.

Guadalupe stumbled into the program shortly after her laptop died three years ago, a few weeks into her freshman year. She was able to borrow a laptop through Monarch’s technology lending library until she saved enough money to buy a new one. Ever since, she’s worked with the program to help other students like her stay in school and graduate.

But last month, UT-Austin eliminated the program without a public explanation. According to The Dallas Morning News, internal documents show UT-Austin believed the program violated the state’s DEI ban and federal law.

Guadalupe said she was surprised UT-Austin ended the program, especially because university officials gave students reassurances last fall that SB 17 would not affect it. She’s also frustrated the university didn’t give the program a chance to adjust to the new law.

“All these different programs were being [told], ‘This is how your program does not comply with SB 17, this is what you need to change,’” she said. “And that was just not a conversation that was had about Monarch.”

Students also argue SB 17 should not apply to the Monarch Program since it did not implement any race or gender-based programming.

“People who are undocumented come from very different backgrounds,” Guadalupe said. “You can’t just point at undocumented folks and be like, ‘oh, this is specifically like [for] the Latino community or the … Asian community,’ because it’s a very diverse group.”

In late January, a group of university department chairs sent a letter to UT administrators asking for clarity about the decision to end the Monarch Program.

“We recognize the immense challenges that SB 17 has created for your offices, but we hope that the process of compliance will not result in throwing out too many babies with the proverbial bath water,” the professors wrote.

They did not receive a response.

Since Monarch was canceled, a student-run organization called Rooted, which also provides support for undocumented students, has taken over some of the services that the program used to provide.

Victoria Uriostegui poses for a photo in the Student Services Building at the University of Texas at Austin on Feb. 20, 2024. The wall behind them reads, "You belong here."
Victoria Uriostegui at the Student Services Building at the University of Texas at Austin on Feb. 20, 2024. The wall behind them reads, “You belong here.” 
(Photo Credit: Maria Crane/The Texas Tribune)

Victoria Uriostegui, a UT-Austin junior and a member of Rooted, said watching the university eliminate Monarch without warning or explanation was exactly the kind of repercussions she warned lawmakers about when she testified against SB 17 at the Texas Capitol last year.

“What they said wouldn’t happen, happened,” she said. “Programs that were not supposed to be impacted are impacted. And I think that’s just what makes it more infuriating that many students continually testified about these chilling effects. Now we’re seeing them come.”

One less safe space

Aneesha Tadikonda felt seen in the university’s Multicultural Engagement Center.

Home to six student groups — Afrikan American Affairs; the Asian Desi Pacific Islander American Collective; the Latinx Community Affairs; the Native American and Indigenous Collective; Queer and Trans Black Indigenous People of Color Agency; and Students for Equity and Diversity — the center served as a meeting place for students of various underrepresented backgrounds and identities.

When she was a freshman, it was a place she felt comfortable asking for help as she navigated the daunting first year of college. Staffers there knew she wanted to go to medical school and would send her free study guides for the exam required to apply and discount codes for study materials. She made friends through movie screenings and book clubs. But she especially loved the opportunity to network with other Asian American students and leaders on and off campus.

“I heavily depended on [the center] for finding a community of people that had the same goals as me,” Tadikonda said. “Outside of class, that’s very difficult to find, especially as someone who’s really involved with activism and their identity.”

Students like Tadikonda were shocked when they learned early this year that the center was abruptly shut down in response to the state’s DEI ban. The university didn’t send out any formal communication to students regarding the center’s closure.

When students returned to campus from winter break, the space was still open for students to work in, but the staff was gone and the center’s name was removed. Since the ban does not apply to student organizations, the culturally specific groups once housed within the center were allowed to continue operating, but only if they disaffiliated from the university and stopped receiving financial support from the school.

Just like with the Monarch Program, students said the MEC didn’t get a chance to make changes to comply with SB 17. The center’s staff was given notice of the center’s closure about 10 days before the ban went into effect, students said.

Students are demanding that the university reestablishes the center in a way that’s compliant with SB 17. They feel that shutting down the center went beyond the requirements of the law and pointed out that other Texas universities, like the University of Texas at San Antonio and the University of North Texas, kept their versions of the center open.

“I think our proximity to the Capitol is a large part of it. I think donors are a large part of it. But I would 100% say it’s an over-compliance,” said Kelly Solis, a UT-Austin senior and co-director of Latinx Community Affairs.

Kelly Solis poses for a photo in the former Multicultural Engagement Center on Feb. 20, 2024. Solis is a senior at the University of Texas at Austin and Co-director of the Latinx Community Affairs organization.
Kelly Solis, a senior at the University of Texas at Austin and co-director of the Latinx Community Affairs organization, at the former Multicultural Engagement Center on Feb. 20, 2024. 
(Photo Credit: Maria Crane/The Texas Tribune)

The MEC was originally founded in 1988 by students who felt the university lacked proper support systems for Black and Hispanic students. Ten years later, the university’s Office of Student Affairs absorbed the center and gave it two full-time staff members.

The MEC’s abrupt closure has left students with the burden of preserving programs that previously received university funding and have been essential to their college experience.

That includes one of the most anticipated events that the six student groups within the MEC helped organize each year: cultural graduation ceremonies, which are smaller celebrations hosted for Black, Hispanic and LGBTQ students, among others.

“It’s such a big accomplishment when you come to UT, and maybe as a first generation student or a child of immigrants … and be away from home for the first time,” Tadikonda said. “It breaks my heart that now we have to work 100 times harder just to give people what they deserve, to give them the recognition that they might not get in a university-wide graduation.”

Organizers said these ceremonies highlight themes, like family, that are important for the groups they represent and that aren’t always part of university-wide graduations. For instance, families are invited to participate in GraduAsian, the ceremony that commemorates the achievements of Asian students. In the past, speakers have publicly thanked them for attending and helping graduates through their college journey.

The former Multicultural Engagement Center on Feb. 20, 2024. While some DEI wall art has been removed from the space, others remain.
The former Multicultural Engagement Center on Feb. 20, 2024. While some DEI wall art has been removed from the space, others remain. (Photo Credit: Maria Crane/The Texas Tribune)

The student groups that used to be housed at the MEC now say they’re unclear if they can even reserve space on campus to host their events.

“People are scared, people who work for the university,” Solis said. “They might want to give us money or might want to provide resources in some way for our events, but don’t know if they can. So just out of fear, uncertainty and a lack of transparency, they might just say, ‘Sorry, we can’t provide anything at this time.’”

The student groups have created GoFundMe pages seeking donations to help cover the expenses of hosting celebrations for this year’s graduating class. The university’s alumni organization, Texas Exes, recently announced that they’d host cultural graduations for students, according to The Daily Texan.

Ariana Seeloff, a senior and co-director of the Afrikan American Affairs Collective, said this particular class — whose high school graduations were disrupted by COVID in 2020 — are determined to host these celebrations.

“To have this happen four years later, and not be able to have a proper send-off from college for these degrees that we’ve worked so hard to earn, it’s unimaginable,” she said. “This senior class deserves to be celebrated.”

But students say it’s unclear what will happen to culturally specific graduations after this year.

Lecture or training?

Paige Schilt, a former lecturer at UT-Austin, was thrilled when she was invited by the university’s undergraduate college to give a talk this semester about how to find a mentor as a student navigating higher education for the first time.

Schilt, a therapist, teacher and writer, planned to lean on her own personal experience as a LGBTQ student as she found ways to advocate for herself as a scholar. Staff and administrators were excited about the lecture, she said.

But in mid-January she got an email saying that UT-Austin’s legal office had raised concerns the lecture could violate SB 17 because it “would fall within a prohibited training, activity, or program.”

SB 17 prohibits mandatory diversity training, which is defined as training developed in reference to race, color or gender identity. But Schilt said her lecture was not training. SB 17 does not prohibit any DEI-related scholarly research or creative work, and faculty are still allowed to share it on campus.

Schilt said she tried to work with the undergraduate college to shift the lecture’s format and instead give a reading from her memoir in progress in the hope of appeasing the university’s lawyers, but was unsuccessful. Ultimately, her talk was replaced with another lecture.

“I was really sad and discouraged to think that this law was having such a chilling effect, that basically any person from one of the marginalized communities targeted by SB 17 speaking from their own experience was now, by definition, a training,” she said.

Lecturer Paige Schilt poses for a photo outside of the the Center for Women's & Gender Studies on Feb. 19, 2024. The CWGS room is located inside of Burdine Hall.
Lecturer Paige Schilt planned to talk about how to find mentors as an LGBTQ student navigating higher education for the first time, but her talk was replaced with another lecture after UT-Austin’s legal office had raised concerns the lecture could violate SB 17. 
(Photo Credit: Maria Crane/The Texas Tribune)

Lauren Gutterman, an American Studies professor who focuses on LGBTQ issues, said she felt the university’s response to Schilt’s lecture was a misinterpretation of the law.

“This makes no sense to me as the lecture was not a training, it was not required, and it was not limited to any one group of students,” she said. “The only grounds I can see for their concern is that it had to do with LGBTQ+ issues.”

Schilt, who taught a class on LGBTQ history at UT-Austin last semester, said it was painful to watch students’ disappointment and sadness last semester when the university reorganized the Gender and Sexuality Center, which is now called the Women’s Community Center.

“As a teacher who had a strong connection with my students, it was really hard to kind of help them navigate through all the feelings that they were having about, ‘what does this mean about how welcome I am here?’” she said.

Who will carry the torch? 

In his December message to the UT-Austin community, Hartzell said he would follow up with students in January regarding the implementation of SB 17. He hasn’t done so as of late February.

While student groups are trying to fill in the gaps left by the loss of university resources, they worry about who will help incoming students feel supported and welcomed on campus next year. Many of the students leading these groups will graduate in May.

Student walk up the steps from Speedway towards the UT Tower at the University of Texas at Austin on Feb. 22, 2024.
Students walk up the steps toward the UT Tower on Feb. 22, 2024. 
(Photo Credit: Maria Crane/The Texas Tribune)

Guadalupe said entering college can be a stressful and isolating experience. She said she’s scared for underrepresented students who won’t have access to safe places to gather on campus like she did.

“Having not had their support and their resources, my college experience would be completely different,” she said. “I think about how much more they’re going to struggle.”

The Texas Tribune partners with Open Campus on higher education coverage.

Disclosure: Texas Exes, University of Texas at Austin and University of Texas System have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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Kate McGee’s staff photo

Kate McGee covers higher education for The Texas Tribune. She joined the Tribune in October 2020 after nearly a decade as a reporter at public radio stations across the country, including in Chicago; Washington, D.C.; Austin; Reno, Nevada; and New York. Kate was born in New York City and raised primarily in New Jersey. She earned her bachelor’s degree from Fordham University. Her work has appeared on NPR’s “Morning Edition,” “All Things Considered,” “Here and Now,” and “The Takeaway.” She is based in Austin.

Ikram Mohamed’s staff photo

Ikram Mohamed is a 2024 reporting fellow and a fourth-year journalism and sociology student pursuing a human rights and social justice certificate at the University of Texas at Austin, where she worked at her campus newspaper, The Daily Texan. A Pflugerville native, Ikram previously interned with the Austin Chronicle, Texas Observer and Texas Monthly. She speaks fluent Somali and Swahili.

The preceding article was previously published by The Texas Tribune and is republished with permission.

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Perhaps it goes without saying — but producing quality journalism isn’t cheap. At a time when newsroom resources and revenue across the country are declining, The Texas Tribune remains committed to sustaining our mission: creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Do you value our journalism? Show us with your support.

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National

Video: Washington Post grills transphobic Libs of TikTok creator

Libs of TikTok creator Chaya Raichik said she doesn’t believe in gender-affirming care & espouses other anti-LGBTQ+ viewpoints

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Chaya Raichik, founder of Libs of TikTok is interviewed by Washington Post journalist Taylor Lorenz.in California. (Screenshot/YouTube The Washington Post)

LOS ANGELES – Grilled on a range of topics during an interview with Washington Post journalist Taylor Lorenz, Chaya Raichik, spoke about the great replacement theory, the death of Nex Benedict, a 16-year-old nonbinary in high school student in Oklahoma, why she won’t delete her false accusations about the Uvalde shooter and other mass-shooters, her views on gender, feminism and more.

Watch:

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U.S. Federal Courts

Guilty verdict in first federal trial of murder based on gender identity

After a four-day trial a jury found a South Carolina man, Daqua Lameek Ritter, guilty of all charges in the indictment

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Dime Doe (Family photo)

COLUMBIA, S.C. — A federal jury handed down a guilty verdict of a man accused of murdering a Black transgender female in what is classified as the first in the nation federal trial over a hate crime based on gender identity.

After a four-day trial in a federal hate crime case, a jury found a South Carolina man, Daqua Lameek Ritter, guilty of all charges in the indictment, which included one hate crime count, one federal firearms count, and one obstruction count, all arising out of the murder of Dime Doe, a transgender woman.

“Acts of violence against LGBTQI+ people, including transgender women of color like Dime Doe, are on the rise and have no place in our society,” said Acting Associate Attorney General Benjamin C. Mizer. “The Justice Department takes seriously all bias-motivated acts of violence and will not hesitate to hold accountable those who commit them. No one should have to live in fear of deadly violence because of who they are.”

According to court documents and the U.S. Attorney’s Office, evidence presented at trial showed that Ritter was upset that rumors about his sexual relationship with Dime Doe were out in the community. On Aug. 4, 2019, the defendant lured Doe to a remote area in Allendale, South Carolina, and shot her three times in the head. At trial, the government proved beyond a reasonable doubt that Ritter murdered Doe because of her gender identity. Ritter then burned the clothes he was wearing during the crime, disposed of the murder weapon, and repeatedly lied to law enforcement. 

This was the first trial under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act for violence against a transgender person. The Shepard-Byrd Act is a landmark federal statute passed in 2009 which allows federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity.

“A unanimous jury has found the defendant guilty for the heinous and tragic murder of Dime Doe, a Black transgender woman,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The jury’s verdict sends a clear message: Black trans lives matter, bias-motivated violence will not be tolerated, and perpetrators of hate crimes will be prosecuted to the fullest extent of the law. This case is historic; this defendant is the first to be found guilty by trial verdict for a hate crime motivated by gender identify under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. We want the Black trans community to know that you are seen and heard, that we stand with the LGBTQI+ community, and that we will use every tool available to seek justice for victims and their families.”

Ritter faces a maximum penalty of life in prison. A sentencing hearing will be scheduled at a later date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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Oklahoma

Oklahoma state senator says LGBTQ+ people are “filth”

The Tahlequah Daily Press newspaper reported several audience members clapped, while others appeared shocked

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Oklahoma Republican state Sen. Tom Woods (Screenshot/YouTube)

TAHLEQUAH, Okla. – Republican state Sen. Tom Woods took part in a public legislative panel forum Friday Feb 23rd during which the panel was asked by a constituent about the death of Nex Benedict, a 16-year-old non-binary Owasso High School student, who had been attacked and beaten in a school bathroom.

The Oklahoma Voice reported that Cathy Cott, a 64-year-old semi-retired resident, asked the lawmakers why the Legislature had such an obsession with the LGBTQ+ citizens of the state, what people do in their personal lives and how they raise their children, according to the Tahlequah Daily Press, which first reported the remarks.

When she got no answer, she asked about the bills targeting the LGBTQ+ community.

“Why does the Legislature have such an obsession with the LGBTQ citizens of Oklahoma and what people do in their personal lives and how they raise their children?” Cott asked.

Woods replied, “We are a Republican state – supermajority – in the House and Senate. I represent a constituency that doesn’t want that filth in Oklahoma. You know we are a religious state. We are going to fight and keep that filth out of the state of Oklahoma because we’re a Christian state”

The Tahlequah Daily Press also reported several audience members clapped, while others appeared shocked.

Cott said in an interview with Oklahoma Voice that she was not surprised by Woods’ answer.

Cott said she has many family and friends who are LGBTQ+.

“I have dealt with other state representatives and senators and been to lobby day and tried to advocate for the LGBTQ+ community when I can so I am used to it,” she said. “They haven’t said anything like this to me before where they describe citizens of the state as filth, but they let me know they just don’t care.”

She said Woods’ remarks absolutely contribute to the hostile climate in the state for the LGBTQ+ community.

Prior to his election to his seat to represent Oklahoma’s 4th Senate district in 2022, Woods was a farmer and business owner. He ran a dairy farm, feed store, and trucking company. His district runs along the eastern border of Oklahoma from West Fort Smith, Okla. to Grove, and runs into Tahlequah.

Another Republican, state Sen. Dewayne Pemberton, a former teacher, told the audience he’s always seen educators’ jobs as “to educate students, not indoctrinate students.”

In a statement to the Blade, Brandon Wolf, the National Press Secretary for the Human Rights Campaign said:

The only “filth” here is this vile statement from a sitting state senator. This is the kind of hate speech that incites deadly violence against our communities. This is what we mean when we say that the flames of dehumanization and hate have been fanned in Oklahoma. Enough is enough. There needs to be accountability for this climate of hate — and the damage being done.”

Sarah Kate Ellis, the CEO and president of GLAAD told the Blade:

“Enough is enough. Oklahoma’s Republican leaders are continuing to nurture a climate of anti-LGBTQ animus, modeling disgusting anti-LGBTQ rhetoric, questioning our very humanity, attacking marginalized youth and educators who support them, and improperly handling bullying and assaults at school. Leaders with a bully pulpit have the power to inspire empathy and understanding, but they also have the power to inspire hate, bullying, and physical attacks. These so-called leaders fomenting hate, Sen. Tom Woods, Superintendent Ryan Walters, Governor Kevin Stitt are failing Oklahoma’s youth in dangerous and myriad ways.”

There has been national outage in reaction to the death of Benedict. Vice President Kamala Harris, White House Press Secretary Karine Jean-Pierre, House Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) are among those in leadership decrying the death and the political climate that LGBTQ+ advocacy groups say have been contributing factors.

Human Rights Campaign President Kelley Robinson has called for federal investigations by the U.S. Justice and Education Departments.

In her social media post, the Vice-President said: “My heart goes out to Nex Benedict’s family, friends, and their entire community. To the LGBTQI+ youth who are hurting and are afraid right now: President Joe Biden and I see you, we stand with you, and you are not alone.”

Republican Oklahoma Gov. Kevin Stitt who in 2022 signed an anti-trans bill prohibiting students from using public school restrooms that do not match the sex listed on their birth certificates, wrote in his statement that “our hearts go out to Nex’s family, classmates, and the Owasso community. The death of any child in an Oklahoma school is a tragedy — and bullies must be held accountable.”

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Oklahoma

Owasso, Okla. police release body cam footage of non-binary teen

In the video, 16-year-old Nex Benedict describes how they were bullied by three girls for “the way that we dress”

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Screenshot/YouTube Owasso Police Department body cam footage.

OWASSO, Okla. – 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 a non-binary high school student who died a day after the attack.

In the video, 16-year-old Nex Benedict describes how they were bullied by three girls for “the way that we dress.” After Nex dumped some water on them, the girls pinned them to the floor of the restroom and beat Nex until Nex blacked out.

Nex’s mother stresses that Nex did not throw any punches or get physically combative during the attack. Facts that Nex then verified in their account to the investigating officer.

Police have confirmed to multiple media outlets that the school failed to follow procedure and notify law enforcement about the beating.

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U.S. Military/Pentagon

U.S. Army anesthesiologist charged in sexual assault of 42 males

The sheer number of alleged victims could make this one of the U.S. Army’s largest sexual assault prosecutions

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Troops pass in review at Joint Base Lewis-McChord in Washington State. (Photo Credit: U.S. Army)

OLYMPIA, Wash. – Prosecutors with the U.S. Army’s Judge Advocate General’s Corps formally charged Maj. Michael Stockin, a pain management anesthesiologist at Madigan Army Medical Center at Joint Base Lewis-McChord on this sprawling base located between Olympia and Tacoma in eastern Washington State with sexually assaulting 42 male service members.

The Army’s Office of Special Trial Counsel spokeswoman Michelle McCaskill told Army Times in a statement Friday that in January prosecutors referred 53 charges and specifications against Stockin to a general court-martial. Those charges included “multiple instances of abusive sexual contact and indecent viewing.”

Stockin’s trial is currently scheduled for Oct. 7.

McCaskill’s statement added that the investigation into Stockin remains open and will remain open through the trial. “Army (Criminal Investigation Division) has interviewed patients from Maj. Stockin’s duty stations and will further investigate should additional victims come forward.”

In addition to the charges Stockin is facing stemming from incidents at the Madigan Army Medical Center Lewis-McChord, Army investigators are now widening their inquiry to bases in Hawaii, Maryland and Iraq. The sheer number of alleged victims could make this one of the Army’s largest sexual assault prosecutions.

CBS News reported Friday that the chairman of the powerful Senate Armed Services Committee, Senator Jack Reed (D-RI), has sent a letter asking the Pentagon’s inspector general to investigate whether the military “failed” to support the alleged victims of Maj. Stockin.

CBS also noted that Ryan Guilds, an attorney who is representing seven of the 42 alleged victims, says that from the outset of the Army’s CID investigation, his clients have been kept in the dark and have not been properly supported or provided with victims’ resources, including access to legal services.

“These services have failed because leadership has failed,” Guilds wrote in a letter to the House and Senate Armed Services subcommittees on personnel.

Robert F. Capovilla, Stockin’s attorney, told Army Times in a statement that his client will plead not guilty to all charges and specifications in today’s hearing.

“At this point, the defense can say with supreme confidence that we intend to fight against every single allegation until the jury renders their verdict,” Capovilla wrote. “Until then, we sincerely hope that the United States Army is fully prepared to respect Major Stockin’s Constitutional rights at every phase of this process, both inside and outside of the courtroom.”

Capovilla added that “in today’s political culture” the media will condemn Stockin and render judgement before the judge or jury hear evidence.

“We urge everyone to keep an open mind, to remember [Maj.] Stockin is presumed innocent and understand that this fight is just getting started,” Capovilla wrote.

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The White House

White House addresses ‘gut-wrenching’ death of Nex Benedict

Press Secretary Karine Jean-Pierre expressed she was “absolutely heartbroken” to learn about the death of nonbinary Okla. teen Nex Benedict

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White House Press Secretary Karine Jean-Pierre delivers a briefing on Feb. 23 2024 (Washington Blade photo by Christopher Kane)

WASHINGTON – White House Press Secretary Karine Jean-Pierre began Friday’s press briefing by expressing how “absolutely heartbroken” she was to learn about the death of nonbinary Oklahoma teenager Nex Benedict.

“Every young person deserves to feel safe and supported in school,” she said. “Our hearts are with Nex Benedict’s family, friends, entire school community in the wake of this horrific and gut wrenching tragedy.”

Jean-Pierre added, “I know that for many LGBTQ+ students across the country this may feel personal and deeply, deeply painful. There’s always someone you can talk to if you’re going through a hard time and need support.”

“The president and his administration launched the 988 line to help, and we have a line dedicated to serving LGBTQ+ young people that can be reached by dialing 933 and pressing 3,” she said. “Through devastating tragedies like these we must support each other and lift one another up.”

Authorities are still investigating the circumstances surrounding Benedict’s death on Feb. 8, which allegedly came the day after they were attacked in a restroom at Owasso High School, which followed months of bullying from peers.

This week, political leaders including 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.

In recent years the state of Oklahoma has become a hotbed of anti-LGBTQ legislation, including an anti-trans bathroom bill signed into law by Gov. Kevin Stitt in 2022.

Many LGBTQ advocates responded to news of Benedict’s death by calling out the escalation of hostile policies and rhetoric targeting transgender and gender-diverse communities, which advocates have warned can carry deadly consequences.

Human Rights Campaign President Kelley Robinson has urged federal investigators at the Justice and Education Department to get involved in the case.

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Montana

Montana returns to near ban on trans birth certificate changes

The agency’s announcement reignites a civil rights feud with transgender residents that was the subject of a prior lawsuit

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Montana Department of Public Health and Human-Services. (Photo by Eliza Wiley/MTFP)

By Mara Silvers | HELENA, Mont. The Montana state health department has announced its return to a near prohibition on individuals updating the sex on their birth certificates to match their gender identity, reigniting a civil rights feud with transgender residents that was the subject of a prior lawsuit.

In a Tuesday press release, the Gov. Greg Gianforte administration’s Department of Public Health and Human Services said the latest rule applies to any not-yet-adjudicated request to update the “male” or “female” category on a birth certificate submitted or pending with the department on or after Oct. 1, 2023. 

The rule now in effect was originally created by the department in 2022 as a way to restrict changes to birth certificates for transgender Montanans while the agency was involved in a court battle over a related Republican law from the prior legislative session. 

The rule was ultimately blocked from taking effect because of the pending litigation in the Yellowstone County case brought by the ACLU of Montana. At that point in the litigation, the judge overseeing the case slammed the department for attempting to write new rules about birth certificates before the related lawsuit had been resolved, later holding the agency in contempt of court

However, when the law at issue, Senate Bill 280, was permanently enjoined in June of last year, the state health department was no longer barred from creating administrative rules about how to handle changes to sex on birth certificates.

In the announcement Tuesday, the department outlined the narrow circumstances that would allow an individual to change the sex listed on their birth certificate under the current rule. 

“The 2022 final rule states the sex of a registrant on a birth certificate may only be corrected if the sex of an individual was listed incorrectly on the original certificate as a result of a scrivener’s error or a data entry error, or if the sex of the individual was misidentified on the original certificate,” the state health department said. “In both cases, the department must receive a correction affidavit and supporting documents consistent with the law.”

The state health department said the rule, though years old, also complies with a law from the 2023 Legislature that seeks to create a strict definition of “sex” across state government. That law, Senate Bill 458, is sponsored by the same Republican lawmaker who brought the original bill to restrict birth certificates in 2021, Sen. Carl Glimm, R-Kila

“DPHHS must follow the law, and our agency will consequently process requests to amend sex markers on birth certificates under our 2022 final rule,” said department director Charlie Brereton in a written statement. “This notification serves to keep the public apprised of the law and what to expect from DPHHS going forward.”

While there have been legal challenges filed against SB 458 in recent months in state and federal court, the law has not been enjoined and is currently in effect.

Alex Rate, legal director of the ACLU of Montana, said the health department’s latest action is grounds for a new lawsuit against the 2022 rule and the agency’s interpretation of SB 458. 

“We’ll be back in court, no doubt,” Rate told Montana Free Press Tuesday. “The new rule runs afoul of the same constitutional provisions, from dignity to privacy to equal protection.”

In explaining the grounds for a lawsuit, Rate said the rule implementation and SB 458’s effects more broadly signal the state’s prohibitive stance towards trans people. 

“Once again, this latest action by the [health department] betrays the state’s deep and abiding animus towards trans people in Montana,” Rate said. “Trans people belong here. They are trying to live out their ordinary lives.”

Rate said the organization aims to file its latest lawsuit in the coming weeks but did not provide a more precise timeline. 

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Mara Silvers headshot white background

Mara writes about health and human services stories happening in local communities, the Montana statehouse and the court system. She also produces the Shared State podcast in collaboration with MTPR and YPR. Before joining Montana Free Press, Mara worked in podcast and radio production at Slate and WNYC. She was born and raised in Helena, MT and graduated from Seattle University in 2016. 

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The preceding piece was previously published by Montana Free Press and is republished with permission.

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