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Florida Anti-Trans youth sports bill stalls, likely no path forward this year

This bigoted, damaging bill should never have seen the light of day

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Florida State Capitol Building (Blade file photo)

TALLAHASSEE, FL. – A controversial bill that would ban trans youth from participating in sports has stalled in the Republican held State Senate Tuesday.

Politico reported that a top Senate panel on Tuesday put off considering the ban, a move that signals the upper chamber is reluctant to move forward with the bill. The proposal’s sponsor, powerful Senate budget chief Kelli Stargel, said her attention will be on finishing the state budget with less than two weeks left in session.

“Right now, my primary focus as Appropriations Chair is our constitutional responsibility to pass a balanced budget,” Stargel, a Lakeland Republican, said in statement to POLITICO. “And in a time-limited environment, I don’t know that we will have sufficient time to revisit SB 2012 this session.”

Florida Senate bill SB2012 would affect students in grades K-12 and the state’s colleges and universities by limiting them to their biological sex and provided, according to the bill’s language, any disputes regarding a student’s sex arising would be resolved with a “health examination and consent form” verifying the student’s biological sex.

“The health care provider may verify the student’s biological sex as part of a routine sports physical examination by relying only on one or more of the following: 1. The student’s reproductive anatomy; 2. The student’s genetic makeup; or 3. The student’s normal endogenously produced testosterone levels.”

“Biological sex,” is a term that refers to the sex assigned at birth and which has been a term that is categorized as transphobic and non-accepting/affirming by LGBTQ advocacy groups.

In a statement to the Los Angeles Blade, Gina Duncan, Director of Transgender Equality for Equality Florida said, “With the temporary postponement of SB2012 and the subsequent statements from Senator Stargil, it appears that the overwhelming opposition to the Trans Youth Sports Ban makes it unlikely to move forward.”

“We will continue monitoring to ensure that no other procedural moves can resurrect it. While the reversal of momentum on this bill is welcome news, the harm inflicted by lawmakers this Session is unconscionable. Facing unprecedented and urgent challenges in the wake of a deadly pandemic and the largest civil rights protests in American history, legislators placed a target on the backs of the most vulnerable among us — transgender children — to score political points. Make no mistake, this is a nationally-coordinated effort to feed red meat to a socially-conservative base at the expense of our kids.

We are grateful to the coalition of sports icons, major corporations, organizations, business leaders, classmates, parents, and trans kids who stood tall in the face of transphobia to oppose this legislation. This bigoted, damaging bill should never have seen the light of day and lawmakers should reflect on the harm they have caused vulnerable youth to further their political careers. To trans kids across Florida: you are loved. And we will continue to defend your right to thrive,” she added.

Reaction from Democratic State Senator Janet Cruz (D-Tampa) was blunt, “Ding dong the witch is dead,” she tweeted adding. “Rip Transgender bill.”

State Sen. Shevrin Jones (D-Miami Gardens) said he hoped the Senate bill, FL SB2012 (21R), would die in its committee Tuesday — the last scheduled meeting of 2021.

“The Florida Legislature has done enough bad policies for one session, and the last thing we need is more divisive rhetoric that will do nothing but keep all of us in our little corners, while the people of Florida look at the Legislature in disgust,” Jones, an openly gay lawmaker and outspoken LGBTQ advocate, said in a statement to POLITICO.

In a phone interview with the Blade last week, a spokesperson for Equality Florida, Brandon J. Wolf pointed out that cruelest aspect of the bill is that terrorizes trans youth athletes. He noted that a separate Senate bill that would also impede trans youth participation in athletics, SB 2012 would require that even “a 12-year-old trans female youth would be forced to adhere to Olympic standards for testosterone levels.”

Wolf said that both bills were simply “cruel and grotesque” and warned that there’s a definite racist element as Black Trans girls will end up bearing the brunt of these trans-adverse laws if passed.

Repeated calls by the Blade requesting comment by Florida’s Republican Governor Ron DeSantis have gone unanswered.

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U.S. Federal Courts

Appeals court lifts Indiana’s ban on gender care for Trans youth

“This ruling is beyond disappointing and a heartbreaking development for thousands of transgender youth, their doctors, & their families”

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Main courtroom, for the U.S. Seventh Circuit Court of Appeals, Indianapolis, Ind. (Photo Credit: U.S. Courts/GSA)

INDIANAPOLIS, Ind. – The U.S. Seventh Circuit Court of Appeals today issued a stay that will lift a lower court’s injunction blocking Indiana’s gender-affirming care ban. The law, originally set to take effect on July 1, 2023, will now take effect immediately.

In June 2023, Judge Patrick Hanlon, a Trump-appointed federal judge, issued a temporary restraining order halting Indiana’s ban on gender-affirming care for transgender youth. The request for a preliminary injunction against SB 480 came in a lawsuit brought by four transgender youth and their families, as well as a doctor and health care clinic,

The law prohibits medical providers from providing gender-affirming health care to transgender youth, effective immediately.

“This ruling is beyond disappointing and a heartbreaking development for thousands of transgender youth, their doctors, and their families. As we and our clients consider our next steps, we want all the transgender youth of Indiana to know this fight is far from over and we will continue to challenge this law until it is permanently defeated and Indiana is made a safer place to raise every family,” said Ariella Sult, a spokesperson for the ACLU of Indiana in a joint statement issued with the American Civil Liberties Union on Tuesday.

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Arizona

Senator breaks with GOP: Arizona anti-trans ballot measure dies

In a stunning defeat for anti-trans activists in Arizona, SCR1013 will not appear on the November ballot in the state

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Arizona Republican state Sen. Ken Bennett (LD-1 Prescott) (Screenshot/YouTube)

By Erin Reed | PHOENIX, Ariz. – In a stunning defeat for anti-trans activists in Arizona, a major bill targeting transgender people in schools has failed. The bill, Senate Concurrent Resolution 1013, would have banned transgender students from using bathrooms matching their gender identity. It also would have forced teachers to misgender their transgender students unless parental permission was received.

Most importantly, the bill would have placed the issues on the November election ballot, bypassing Arizona Gov. Katie Hobbs’ veto, which has been used against similar legislation. This represents the first major ballot referendum on transgender people that has been defeated in 2024 and could signal Republican hesitancy around the electoral impacts of such referendums.

The bill was brought forward by Sen. John Kavanaugh, who has previously sponsored other legislation targeting transgender people in schools. Sen. Kavanaugh’s district includes portions of Scottsdale, Arizona, which is notably the same city where the Alliance Defending Freedom (ADF) is headquartered.

The ADF has been intricately involved in the drafting and defending of anti-trans laws across the United States this year and has backed Chloe Cole, who is leading a similar referendum effort in California.

In the Senate Education Committee earlier this month, over 500 people registered opposition to the bill, and only 32 registered in favor, one of the most lopsided testimony ratios in any bill this year nationwide. Speaking against the bill in the hearing, Democratic Sen. Marsh pointed out the negative consequences that hearing such a bill would have, stating, “This will become a debate on a statewide level harming god knows how many kids and forcing them into further isolation, harassment, bullying, victimization, and vulnerability that comes. I think the effect of that will be incalculable.”

When it came time for a committee decision, Republican Sen. Ken Bennett voted in favor of the bill but stated he had concerns with the way the bill was written and that he would have trouble supporting it for final passage in the Senate.

Then, on Monday, the bill was brought forward for a final vote on the full Senate floor. Democratic senators read statements from parents and trans youth who would be impacted by the bill as the votes rolled in. Then, Republican Sen. Bennett voted “no,” explaining his vote: “I am very concerned about putting this bill to a vote of the people. These bills combined are roughly a third of the entire US Constitution. When we put things on the ballot for people to vote on them, if something goes awry, if there are unintended consequences, we have to go back to the people to fix it.”

The defeat means that in Arizona, the question will not advance to the November ballot. However, in other states, ballot measures are currently being pursued. In California, the group “Protect Kids California” has enlisted high-profile anti-trans activists such as Chloe Cole and Chris Elston to collect signatures. Measures there would out transgender students to their parents, ban them from participating in sports and using bathrooms that match their gender identity, and would ban gender-affirming care for trans youth. Similar ballot measures are also being pursued in Colorado. Nevertheless, with the defeat of SCR1013, there may be hesitancy to push for this as a major ballot issue in 2024 in a swing state like Arizona.

Anti-LGBTQ legislation is not highly popular, especially in general election contests. In the most recent school board elections in 2023, Moms for Liberty lost 70% of their school board elections, having run primarily on anti-trans issues in schools. Meanwhile, Democrats took the House and Senate in Virginia after Gov. Glenn Youngkin pushed a party platform at rallies that targeted trans youth throughout the state. Anti-trans politics have also previously failed to help Republicans in Arizona. In the 2022 governor’s race, Republicans attempted to target Gov. Katie Hobbs’ husband for providing counseling for trans youth in the closing weeks of the campaign—a gambit that failed to swing results in their favor.

That is certainly what Gaelle Esposito, a partner at Creosote Partners who has worked with major organizations supporting transgender people in the state, believes. When asked about what the bill’s defeat says in an election year, she responded, “we are also starting to see that Republicans recognize that anti-trans hatred and pure bigotry is not a big winner for them. It’s not like they have seen time and again, including here in Arizona, that this just doesn’t play well with voters. It doesn’t sit well with people.”

Esposito added a hopeful message: “The fact that we didn’t see the full force of their network trying to squeeze them to get this on the ballot shows they know it too. That they, in an election year here in Arizona, where so much is critical for them, this went down in flames… I think shows how the tide is turning in our favor.”

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Erin Reed is a transgender woman 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.

The preceding post was previously published at Erin in the Morning and is republished with permission.

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Florida

Seminole artist brings queer indigenous lives into focus

“Sometimes that visual existence as a queer person in our community is enough,” Battiest said. “Sometimes it just starts with you”

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NBC journalist Jay Valle with his partner of seven years, Spencer Battiest. (Photo Credit: Spencer Battiest/Facebook)

By John McDonald | FORT LAUDERDALE, Fla. – There was no big announcement or meeting called in Spencer Battiest’s coming out story. 

“They all just kind of knew,” said Battiest, who at the age of 21, came out to his immediate family. “I did it on my own time. I’m not one to make anyone feel uncomfortable, I don’t like to say: ‘Come sit down family, I have something to say to you.’ That’s not how we as Native people are. We don’t have those moments.” 

Instead, the award-winning singer/songwriter/actor sensed acceptance as he brought his boyfriend to tribal functions on the Seminole reservation. There, he gradually introduced family members to his truth.

“Sometimes that visual existence as a queer person in our community is enough,” Battiest said. “Sometimes it just starts with you.”

On March 9, Battiest will receive the Harvey Milk Medal at the eighth annual Diversity Honors at the Seminole Hard Rock Hotel & Casino. Initially, Battiest said he felt unworthy of such recognition, but his partner of seven years, NBC journalist Jay Valle, pointed to the impact their relationship was having among Native Americans. 

“He had some really good words for me,” Battiest said. “He reminded me that I’ve taken him to every tribal function since we’ve been together. Fully and authentically being myself and sharing with my community and family the person that I love and share my life with — sometimes just being that can be inspiring to others.” 

Battiest started performing publicly as a 4-year-old in Broken Bow, Okla., singing at his grandfather’s church. By age 11 he was belting out the National Anthem before large crowds, an honor that continues today. 

In 2011, Battiest collaborated with his brother Doc to produce The Storm, a passion project that was critically acclaimed in the Native American music industry.

“I’ll forever sing that song no matter where I go in our career because that’s the history as taught to us by our grandparents, chairmens and family.”

Although he is half Choctaw from his father, Battiest is a member of the Seminole tribe — the Indigenous people of Florida who escaped European colonization and remain unconquered to this day. 

It is on his ancestral land that a shiny new Guitar Hotel was built and inside is a display dedicated to Spencer and Doc’s award-winning work.

“I wouldn’t be in this position if it weren’t for allies like Susan Renneisen [Hard Rock VP of Community Affairs & Special Events] who has watched me progress in my career since I was 14,” said Battiest. 

As a songwriter, Battiest doesn’t shy away from heartbreak, as evidenced in his album “Stupid In Love”, and prefers to keep lyrics gender-neutral for more universal appeal. 

“I write from a place of truth and honesty,” he said.  “As queer indigenous people, we’ve lived in a space where it hasn’t always been great.” 

Expressing vulnerability is part of the authenticity Harvey Milk proclaimed when he famously declared, “Hope will never be silent.” For Battiest that means striking the right balance. 

“I try to find harmony and peace in the life that I’ve lived and to be an example for anyone who sees me and that includes the struggle, insecurity and negative responses that come with being a queer person especially living out here in this state,” he said. “You have to find the harmony and peace that’s within yourself and for me that’s my family, tribe and partner.” 

Diversity Honors is scheduled for Saturday, March 9 at 7 p.m. and includes a cocktail reception, seated dinner and after party at the Guitar Hotel.

For tickets or more information, call (954) 463-9005, ext. 105 or visit www.diversityhonors.org.

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John McDonald is a freelance journalist based in Portland, Oregon. He has written for many publications over the course of a 29-year career that started as a high school football writer in Troy, Alabama. His memoir, Slice of Good Ol Boy Life, is available on Amazon. 

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Texas

Texas High School cancels play about Matthew Shepard

“As a queer student in this show, I’m livid it’s been cancelled not once, but 2X. People in KISD should not have the right to discriminate”

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A Timber Creek High School theatre production dress rehearsal. (File Photo Credit: Timber Creek High School - Keller ISD/Facebook)

FORT WORTH, Texas – In an email sent out to students and parents last week, officials of Timber Creek High School in suburban Ft. Worth announced that student-led production of The Laramie Project — a play about the aftermath of the 1998 murder of 21-year-old University of Wyoming freshman Matthew Shepard was cancelled.

According to The Dallas Morning News:

In the brief email to families, school leaders said they are “working on developing an alternative production opportunity for our students.” Keller Independent School District spokesman Bryce Nieman said in a statement that the decision was “made by many stakeholders.”

“The decision to move forward with another production at Timber Creek High School was based on the desire to provide a performance similar to the ones that have created much excitement from the community, like this year’s Keller ISD musical productions of Mary Poppins and White Christmas,” Nieman wrote in an email.

The Dallas Morning News also reported that parents were not given an explanation when they were informed the show was cancelled. “We understand that it is unusual for a production change like this to take place. Students will still have an opportunity to read, discuss, and analyze the play during the school day,” Nieman’s email read. 

Judy Shepard, told the paper she was disappointed. “My heart is broken when people still refuse to see how important this work is,” she said. Judy and her husband Dennis founded the Denver, Colorado-based Matthew Shepard Foundation in the months after their son’s murder 25 years ago.

The Laramie Project, written by Moisés Kaufman, is one of the many programs endorsed by the Foundation in its ongoing effort to advocate for LGBTQ+ youth and has been performed tens of thousands of times globally since it premiered at The Ricketson Theatre by the Denver Center Theatre Company in February of 2000.

The Matthew Shepard Foundation provides help and resources for those wishing to produce The Laramie Project or The Laramie Project: Ten Years Later. The Foundation’s Laramie Project Specialist can help with media, historical context, creative consulting, and other resources and services at no charge to non-profit theatres and educational and religious institutions. The Foundation can also help those who wish to engage their communities in a conversation about how to erase hate in the world.

A Change.org petition was started to get the Keller ISD administrators to reconsider their decision. A signer and Timber High School drama and theatre student who identified himself as Danny Street commented:

“As a queer student in this show, I am absolutely livid that it has been cancelled not once, but TWICE. My freshman year we were meant to perform Laramie, and it was changed right before auditions. KISD has been continuously pushing their anti-lgbtq agenda these past few years and it’s hurtful and uncalled for. This year alone we have given teachers “the right” to not call transgender students by their preferred name, which is a problem I have to face daily. The people in our district should not have the right to discriminate against its queer students. Let us tell this story, if you don’t then you are proving you’re on the wrong side of history and you stand right with the bigots who caused the demise of Matthew Shepard. Protect queer kids and queer art in schools.”

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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.

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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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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.

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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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