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Democratic Texas Committee Chair advances anti-Trans youth sports bill in retaliatory vote

If a House vote passed the measure then it would head to Republican Texas Governor Greg Abbott for his signature

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Trans and LGBTQ activists gather to protest slew of anti-Trans bills at the Texas Capitol (Screenshot via KVUE ABC 24 Austin)

AUSTIN, TX. – In a move that left Texas Democratic lawmakers stunned Representative Harold Dutton (D-Houston), who chairs the House Public Education committee revived SB 29 on Friday, a measure that would force public school students to play on sports teams based on their biological sex instead of their gender identity.

The bill had been languishing in that committee with one round of votes that stalled it from further legislative progress.

According to The Texas Tribune, Dutton’s actions were what one lawmaker inferred as ‘payback’ after House Democrats on a procedural technicality blocked a vote on House Bill (HB) 3270 that Dutton had championed.

HB 3270 would give the Texas Education Commissioner Michael Morath the ability to take over a district that fails to meet various academic standards and remove school board members.

The bill according to The Tribune is largely in response to a current legal battle between the Texas Education Agency and Houston ISD after the agency attempted to take over the district in 2019, but was blocked from moving forward by a temporary injunction that’s been upheld by the state’s Third Court of Appeals. 

According to another Texas media outlet, The Texan, Dutton characterized his bill as a way to shore up this measure and “to straighten out a Third Court of Appeals opinion,” referring to a recent court ruling which undercut the commissioner’s accountability powers just as the TEA neared the cusp of its Houston ISD takeover.

“There are a whole lot of us like me in this legislature, that we have to listen to our students. And our students are saying that, ‘Look, the building is on fire. Somebody come and help us.’ And what this does is establishes that the commissioner of education has the authority to carry out what this legislature says,” Dutton said.

Rep. Alma Allen (D-Houston), who also sits on the House Public Education Committee and voted against SB 29, killed Dutton’s HB 3270 with a point of order on the House floor.

“This bill is about making it easier to take over every school in the State of Texas… A vote for this bill would essentially be giving away your school district,” Allen said. “When a school goes down, a community goes down… That’s the long effect of this bill passing.”

All of this maneuvering angered Dutton who promised Rep. Lina Ortega, D-El Paso, who had worked with Allen to kill Dutton’s HB3270 Thursday that he would revive HB 29, the anti-Trans youth sports bill.

Dutton made several references to his bill’s failure on Friday morning in the House Public Education committee as he brought the transgender student athlete bill up for another vote.

“The bill that was killed last night affected far more children than this bill ever will. So as a consequence, the chair moves that Senate Bill 29 as substituted be reported favorably to the full House with the recommendation that it do pass,” he said.

Dutton and Huberty, who is vice chair of the committee, then joined with the previous yes votes, landing an 8-5 majority and advancing it out of committee to the full House for its consideration. Having passed the State Senate, if a House vote passed the measure then it would head to Republican Texas Governor Greg Abbott for his signature.

KVUE 24 Austin, an ABC News affiliate, reported that Abbott did not return a request for comment, but told Fox News’s Laura Ingraham earlier this month that he would sign SB 29 if it came to his desk.

In reaction to Dutton’s actions, Ricardo Martinez, Executive Director of Equality Texas said;

“We are already hearing from parents of transgender children who now realize their kids’ lives and dignity were used as a legislative bargaining chip. It is an incomprehensible betrayal to see a Democrat, who heard desperate testimony from children and parents, take this incredibly harmful action out of sheer vindictiveness toward his Democratic colleagues.”

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Colorado

Transgender, nonbinary ICE detainees allege mistreatment at Colo. detention center

Advocacy groups filed complaint with federal officials on April 9

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The Aurora Contract Detention Facility (Photo courtesy of GEO Group)

AURORA, Colo. — Five Transgender and nonbinary people who are in U.S. Immigration and Customs Enforcement custody at a privately-run detention center in Colorado say they continue to suffer mistreatment.

The Rocky Mountain Immigrant Advocacy Network, the National Immigration Project and the American Immigration Council on April 9 filed a complaint with the Department of Homeland Security’s Offices for Civil Rights and Civil Liberties, Immigration Detention Ombudsman and Inspector General and ICE’s Office of Professional Responsibility on behalf of the detainees at the Aurora Contract Detention Facility near Denver.

Charlotte, one of the five complainants, says she spends up to 23 hours a day in her room. 

She says in the complaint that a psychiatrist has prescribed her medications for anxiety and depression, but “is in the dark about her actual diagnoses because they were not explained to her.” Myriah and Elsa allege they do not have regular access to hormones and other related health care.

Omar, who identifies as Trans and nonbinary, in the complaint alleges they would “start hormone replacement therapy if they could be assured that they would not be placed in solitary confinement.” Other detainees in the complaint allege staff have also threatened to place them in isolation.

“They have been told repeatedly that, if they started therapy, they would be placed in ‘protective custody’ (solitary confinement) because the Aurora facility has no nonbinary or men’s Transgender housing unit,” reads the complaint. “This is so, despite other Trans men having been detained in Aurora in the past, so Omar is very likely receiving misinformation that is preventing them from accessing the treatment they require.”

Omar further alleges staffers told them upon their arrival that “they had to have a ‘boy part’ (meaning a penis) to be assigned to” the housing unit in which other Trans people live. Other complainants say staff have also subjected them to degrading comments and other mistreatment because of their gender identity. 

“Victoria, Charlotte and Myriah are all apprehensive about a specific female guard who is assigned to the housing unit for Transgender women at Aurora,” reads the complaint. “Victoria has experienced this guard peering at her through the glass on the door of her form. Charlotte, Myriah and the other women in her dorm experienced the same guard making fun of them after they complained that she had confiscated all of their personal hygiene products, like their toothbrushes and toothpaste, and replaced them with menstrual pads and tampons, which she knows they do not need.”

“She said something to them like, ‘If you were real women, you would need these things,'” reads the complaint. “The same guard told them that they had to ask her for their personal hygiene products when they wanted to use them, stripping them of their most basic agency.”

Victoria, who has been in ICE custody for more than two years, also says she does not have regular access to hormones. Victoria further claims poor food, lack of access to exercise and stress and anxiety because of her prolonged detention has caused has made her health deteriorate.

The GEO Group, a Florida-based company, operates the Aurora Contract Detention Facility.

Advocates for years have complained about the conditions for Trans and nonbinary people in ICE custody and have demanded the agency release all of them.

Roxsana Hernández, a Trans Honduran woman with HIV, on May 25, 2018, died in ICE custody in New Mexico. Her family in 2020 sued the federal government and the five private companies who were responsible for her care.

Johana “Joa” Medina Leon, a Trans Salvadoran woman, on June 1, 2019, passed away at a Texas hospital four days after her release from ICE custody. Kelly González Aguilar, a Trans Honduran woman, had been in ICE custody for more than two years until her release from the Aurora Contract Detention Center on July 14, 2020.

ICE spokesperson Steve Kotecki on Friday told the Blade there were 10 “self-identified Transgender detainees” at the Aurora Contract Detention Center on April 11. The facility’s “transgendered units” can accommodate up to 87 Trans detainees. 

A 2015 memorandum then-ICE Executive Associate Director of Enforcement and Removal Operations Thomas Homan signed requires personnel to allow Trans detainees to identify themselves based on their gender identity on data forms. The directive, among other things, also contains guidelines for a “respectful, safe and secure environment” for Trans detainees and requires detention facilities to provide them with access to hormone therapy and other Trans-specific health care.

“U.S. Immigration and Customs Enforcement (ICE) is committed to ensuring that all those in its custody reside in safe, secure and humane environments,” said Kotecki. “ICE regularly reviews each case involving self-identified Transgender noncitizens and determines on a case-by-case basis whether detention is warranted.”

The complaint, however, states this memo does not go far enough to protect Trans and nonbinary detainees.

“ICE’s 2015 guidance has some significant flaws,” it reads. “It fails to provide meaningful remedies for policy violations. It does not acknowledge the challenges that nonbinary people face when imprisoned by ICE and the lack of such guidance explains why the needs of nonbinary people are largely misunderstood and unmet.”

“Further, the language used to describe people who are TNB is not inclusive and does not reflect terminology adopted by the community it is meant to describe,” adds the complaint. “Although this list is not exhaustive, it addresses some of the primary concerns voiced by the complaints.”

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U.S. Federal Courts

Federal judge tosses a NY county’s suit defending trans sports ban

Bills banning trans youth from participating in sports already have passed in 24 states, although some have been blocked by active lawsuits

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Theodore Roosevelt Federal Courthouse at 225 Cadman Plaza East in Brooklyn, New York. (Photo Credit: U.S. Courts/GSA)

BROOKLYN, N.Y. – A U.S. District Court judge ruled Friday against a pre-emptive lawsuit from Nassau County Executive Bruce Blakeman fighting off an attempt by New York Attorney General Letitia James to litigate his transphobic executive order barring the county’s Department of Parks, Recreation, and Museums from issuing permits to any women’s or girls’ sports team with transgender players.

“This decision is a tremendous victory for justice and the rule of law, but our work here is not done,” said Alexis Richards, a spokesperson for the Attorney General. “It’s past time for Nassau County to rescind this [executive] order and treat all our communities with the basic respect and dignity they deserve.”

Earlier this month U.S. District Court Judge Nusrat Choudhury, who is on the bench of the U.S. District Court for the Eastern District of New York, denied Blakeman’s request for a temporary restraining order against the Attorney General.

In that ruling Judge Choudhury wrote that the Long Island county “falls far short of meeting the high bar for securing the extraordinary relief,” the Associated Press reported.

Among other things, Choudhury said the county failed to “demonstrate irreparable harm,” which she said was a “critical prerequisite” for such an order.

The ruling, however, doesn’t address the legality of the county’s ban or James’ request that the lawsuit be dismissed. Those issues will be decided at a later date, the Associated Press noted.

Reacting to today’s ruling in a statement released to the media Blakeman said: “We vehemently disagree with the decision and will appeal.”

On March 1st, Attorney General James sent a order of cease and desist to Blakeman demanding that the Republican Nassau County Executive rescind his February 22 directive within five days or else face additional legal actions. 

“The law is perfectly clear: you cannot discriminate against a person because of their gender identity or expression. We have no room for hate or bigotry in New York,” the Attorney General wrote. “This executive order is transphobic and blatantly illegal. Nassau County must immediately rescind the order, or we will not hesitate to take decisive legal action.” 

Last month the Nassau County Executive announced he was filing a lawsuit over the Attorney General’s actions.

Last month on March 11, the New York Civil Liberties Union (NYCLU) filed a separate lawsuit against the Nassau County Executive. The lawsuit argues that the policy violates New York’s Human Rights Law and Civil Rights Law, which explicitly prohibit discrimination based on gender identity following passage of New York’s Gender Expression Non-Discrimination Act (GENDA).  

“Trans people who play sports need support and affirmation, not to be a political target. Nassau County’s cynical attempt to shut them out of public spaces is a blatant violation of our state’s civil and human rights laws. It also speaks to growing, nationwide attacks against LGBTQ+ rights, and we won’t stand for this hatred here in New York,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “As promised the day this executive order was issued, we’re taking action so that the courts relegate this harmful, transphobic policy to the dustbin of history, where it belongs.” 

The ban will remain in effect as the litigation proceeds or it is enjoined by a judge.

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Maine

Maine House passes proposed trans & abortion shield law

Republican critics of bill to protect professionals who provide reproductive & gender-affirming care repeated disinformation to argue against

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March for Queer & Trans Youth Autonomy in Washington D.C. 2023. (Michael Key/Washington Blade)

By Evan Popp | AUGUSTA, Maine – After hours of contentious debate that stretched late into the night, the Maine House on Wednesday approved a proposed “shield law” designed to protect the state’s health professionals who provide reproductive and gender-affirming care from being targeted by other states’ bans or restrictions on such treatments.  

The chamber passed LD 227, sponsored by Anne Perry (D-Calais), by an 80-70 mostly party-line vote, with Democrats in support and Republicans opposed (with the exception of Democratic Rep. Bruce White of Waterville). The bill will now move to the Senate. 

“What this bill intends to do is to shield — and that’s why it’s called a shield law — the providers who provide this care while in the state of Maine … from another state coming in to enforce their laws on this state,” Perry said. “It is a sovereignty issue.”

The measure comes as many Republican-led states have sought to curb access to reproductive care following the overturning of federal abortion rights in 2022 and have also targeted gender-affirming care for transgender youth. So far, in reaction to such efforts, 22 states and Washington, D.C. have passed shield laws protecting abortion and eleven of those states and D.C. also have protections specifically for gender-affirming care.

The Maine Legislature’s Judiciary Committee voted down a separate shield law proposal in January. The text of LD 227 was subsequently introduced and advanced by the Health Coverage, Insurance and Financial Services Committee last month. 

During the House debate on the bill Wednesday night, Democratic supporters said the bill is needed to ensure health professionals can provide legally-protected care without fear of being targeted by out-of-state actors. 

In contrast, Republicans repeated claims that the bill would facilitate criminal activity — arguments that legal experts have said are not based in reality. They also expressed concern that the measure would hamstring law enforcement by preventing them from sharing information and expressed their general opposition to gender-affirming care for minors and reproductive health rights like abortion. 

In his speech, Rep. Joshua Morris (R-Turner) argued the bill would make it easier for traffickers to find safe haven in Maine, claiming the measure would allow for kids to be brought to the state without parental consent for the services mentioned in the proposal. 

The argument that LD 227 represents an attack on parental rights was also invoked by numerous opponents of the legislation. 

“I have only scratched the surface of the problems with this bill,” Morris said, also citing issues with the process, including the late introduction of the measure and a lack of publicly-available text. 

Bill proponents say claims that the bill would facilitate kidnapping and trafficking are blatant lies. And legal authorities, including Attorney General Aaron Frey, have also pushed back against such arguments. Frey told Maine Morning Star that the bill makes “no changes to criminal law, nor does it legalize any currently illegal behavior.”

“There is no reading of the bill that would authorize criminal acts, like kidnapping or trafficking,” Frey stated. 

Furthermore, in response to concerns about the bill, lawmakers on the Health Coverage, Insurance and Financial Services Committee narrowed it to provide protections specifically for health care professionals and those who assist them, rather than offering protections for any person. Colleen McCarthy Reid, a legislative analyst from the Office of Policy and Legal Analysis, said the change was meant to emphasize the bill’s intended use following the claims about child trafficking and kidnapping. 

During Wednesday’s debate, opponents of the bill also said they were worried about the bill’s impact on law enforcement. Rep. Scott Cyrway (R-Albion) referenced the opposition of the Maine Sheriff’s Association to LD 227. Cyrway said the provisions in the bill that prevent law enforcement from sharing information to aid another state’s investigation into a legally-protected health activity in Maine would hamper the ability of police to work with colleagues in other places to address criminal activity. 

LD 227 does prevent police from knowingly providing information for an interstate investigation into legally-protected health activity or arresting someone in relation to such treatment. However, it provides some exceptions to these rules, including: if federal law requires action, if police have a good faith belief a warrant is valid in Maine, or if there isn’t enough time to comply with the provisions of LD 227 and there is a compelling need for action because of an imminent danger to public safety. 

Republicans attack gender-affirming care

Opponents of LD 227 also denounced gender-affirming care in general during Wednesday’s debate. They said the bill would allow kids to come from out of state to get what they referred to as treatment that cannot be reversed. Multiple Republicans claimed gender-transitioning services are unproven and dangerous for youth.

“This bill will allow doctors to mutilate beautiful bodies, completely throw a child’s fertility away, and hide and ignore true mental health issues and struggles,” said Rep. Katrina Smith (R-Palermo). 

However, proponents of the measure such as Rep. Matt Moonen (D-Portland) pointed out that reproductive health care and gender-affirming care are legally protected in Maine and that LD 227 does not change the extensive regulations in place for such treatments, particularly when it comes to youth. 

As Maine Morning Star previously reported, parental consent is needed in most cases for minors to obtain gender-affirming care. A law in Maine passed last session allows for people who are at least 16 years old to receive non-surgical gender-affirming hormone therapy — not gender reassignment surgery — without a parent’s consent, but only under a set of specific circumstances.   

Furthermore, Democrats pointed out that myriad health care organizations support gender-affirming care as necessary treatment for gender dysphoria.  

Providers say they fear prohibitions on such services will lead to worse mental health outcomes for transgender youth, with the American Medical Association calling efforts to curb gender-affirming care “a dangerous intrusion into the practice of medicine.”  

Rep. Sam Zager (D-Portland), a family physician, said safe and effective gender-affirming care is crucial to young people’s mental health and overall well-being. 

“People whose gender identity does not match their assigned gender I believe deserve access to evidence-based health care for their full being, just like everybody else. So health care practitioners can’t be intimidated …from providing it,” he said. 

Lawmakers push back against Republican AGs’ letter

In pushing for passage Wednesday, multiple Democrats also referenced a letter about the bill penned in March by 15 Republican attorneys general from around the country. In the letter, the officials argued a shield law would be unconstitutional and said they would “vigorously avail” themselves of “every recourse our Constitution provides” if the bill passed.  

Democratic lawmakers called the letter an egregious attempt to intimidate legislators and a prime example of why the state needs a shield law in the first place. Proponents also cited actions such as those taken by Texas Attorney General Ken Paxton, who issued investigative subpoenas to a Washington state hospital that he alleged violated Texas law by providing gender affirming care to Texas youths.  

“At its core, this bill is about our state’s sovereign ability to set and enforce our state’s laws without interference from Texas, Tennessee or Kentucky,” said Rep. Amy Kuhn (D-Falmouth). 

Following Wednesday’s vote, Planned Parenthood Maine Action Fund praised lawmakers for passing the bill. 

In a news release, the group’s vice president of public affairs Lisa Margulies said, “Maine is one step closer to protecting our providers of essential medical care from hostile attacks by out-of-state extremists.” Margulies applauded lawmakers who voted for the bill “in the face of vile rhetoric and lies, political posturing and threats of violence.” 

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Evan Popp

Evan Popp studied journalism at Ithaca College. He joins Maine Morning Star following three years at Maine Beacon writing about statewide politics. Before that, he worked for the Santa Fe New Mexican newspaper and interned at the Progressive magazine, ThinkProgress and the Reporters Committee for Freedom of the Press.

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The preceding article was previously published by the Maine Morning Star and is republished with permission.

Maine Morning Star is an independent, nonprofit and nonpartisan news site covering state policy and politics — and how they impact the lives of Maine people. We aim to hold powerful people and institutions accountable and explain how their actions affect communities from Kennebunk to Caribou.

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

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Tennessee

Tennessee lawmakers: “Recruiting” for trans youth care a felony

The bill was passed alongside an abortion bill that would make it illegal for adults to help minors obtain abortions without parental consent

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Tennessee Capitol Building in Nashville. (Photo Credit: State of Tennessee)

By Erin Reed | NASHVILLE, Tenn. – The Republican-controlled Tennessee Senate passed a bill Thursday that would make it a felony to help a transgender youth obtain gender-affirming care.

Read broadly, the bill could apply even to those providing information about healthcare resources and laws in other states to youths in Tennessee. The bill borrows old language from anti-gay rhetoric of decades past around “recruiting” to further clamp down on information given to transgender youth about healthcare.

It signals a new phase in the fight over transgender care in the United States, potentially having nationwide repercussions and pitting the state against others that have passed shield laws protecting patient healthcare from out of state investigations.

The bill is Senate Bill 2782. The language of the bill was amended before its passage Thursday, stating that any adult who “recruits, harbors, or transports” a minor in Tennessee for the purpose of gender-affirming care could be guilty of a Class C felony, which carries a prison sentence of three to 15 years.

 Read broadly, it could prohibit discussing healthcare options available in other states with transgender youths or providing maps of “safe states” for transgender healthcare to a transgender youth, though some legal experts say that this reading is constitutionally dubious and could violate first amendment protections.

You can read the amended bill here:

The bill is not the first to target transgender people, although it is the first to specify that it applies over state lines. Some gender affirming care bans in the United States have also banned “aiding and abetting” gender affirming care, such as in Mississippi and Iowa. Those bans have sparked concern that even counselors, voice therapists, and LGBTQ+ organizations could be targeted for “aiding and abetting” transgender youth obtaining care.

The Tennessee bill was passed alongside an abortion bill that would make it illegal for adults to help minors obtain abortions without parental consent, also dubbed an “abortion trafficking” law.

If passed, Tennessee would become only the second state to enact such a law after a similar one in Idaho was blocked in court. The Idaho law uses identical language, barring “recruiting, harboring, or transporting” a pregnant minor seeking an abortion. Together, these laws represent the latest in the cross-pollination between attacks on gender-affirming care and reproductive freedom that have become increasingly common in recent years.

This has in turn led to several states passing “safe state,” “shield,” or “sanctuary” laws for transgender people and those seeking or providing abortions or gender-affirming care. Currently, 15 states have enacted legislation or policies declaring themselves “sanctuary states” for gender-affirming care and reproductive healthcare

. These shield laws assert that other states cannot subpoena healthcare legally provided within their borders, and that they maintain jurisdiction over their own territories. These shield laws have already made an impact; Texas Attorney General Ken Paxton recently attempted to subpoena medical records from Seattle Children’s Hospital, which informed him that it could not comply due to Washington’s shield law.

You can see a state map of shield laws currently in effect here:

The fight over transgender rights is spilling into a battle over jurisdictional issues that have not been litigated in over a century and a half. In response to a recent proposal in Maine to pass a shield law, 16 Republican attorneys general signed a letter authored by the AG of Tennessee stating their intention to sue Maine if they pass a law that would bar complying with requests for patient healthcare information from across state lines.

similar letter, written by Indiana Attorney General Todd Rokita and signed by 18 Republican AGs, announced similar opposition to shielding abortion records. In response, the Maine Legislature passed LD227, making it the potential 16th state to enact such a shield law, despite legal threats from Republican states like Tennessee.

The Tennessee bill is slated for a subcommittee hearing on April 16th. If the bill passes, there could be a showdown between the state and other states that have acted to protect their transgender citizens and citizens seeking abortions. Likewise, there could be an enormous chilling effect on providing information about transgender healthcare to minors in the state.

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

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

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Ohio

Trans student bathroom ban bill passes Ohio House Committee

HB 183 would require Ohio K-12 schools & colleges mandate students only use bathroom or locker room that matches their sex assigned at birth

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Gender-neutral bathroom at Grant High School, Portland Oregon. (Screenshot/YouTube KGW NBC News Portland, Oregon)

By Megan Henty | COLUMBUS, Ohio – A bill that would ban transgender students from using the bathroom and locker room that matches up with their gender identity passed out of the Ohio House Higher Education Committee Wednesday by a 10-5 party line vote.

State Reps. Beth Lear, R-Galena, and Adam Bird, R-New Richmond, introduced House Bill 183 which would require Ohio K-12 schools and colleges to mandate that students could only use the bathroom or locker room that matches their sex assigned at birth. It would also prohibit schools from allowing students to share overnight accommodations with the opposite sex.

HB 183 now awaits further consideration in the House, which is next scheduled to be in session April 24. 

Parents, grandparents, and school superintendents asked Bird for this bill, he said. 

The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

HB 183 would not prohibit a school from having single-occupancy facilities and it would not apply to someone helping a person with a disability or a child younger than 10 years old being assisted by a parent, guardian, or family member.

State Rep. Gayle Manning, R- North Ridgeville, thought about bringing an amendment to the committee that would have carved colleges and universities out of the bill, but she decided against it. 

“I’m hopeful we will continue to have these discussions on the removal of higher ed,” she said. “The reason being, we’re talking about adults. Universities are similar to a city with the number of students that they have. Frivolous lawsuits that will increase the cost of tuition eventually and the cost of our families.” 

Manning voted in favor of the bill even though she hopes lawmakers can continue conversations to “find a better solution.”

Bird opposes taking the higher education component out of the bill. 

“The reason I oppose that is because we have college credit plus in Ohio,” he said. “We seventh graders going to college, kids in high school going to colleges and in that college environment, we got to make sure they are protected.”

State Rep. Joe Miller, D-Amherst, vocalized his disdain for the bill before the committee voted. 

“Here we are again … taking away school districts and colleges’ ability and their leadership to make decisions that are best for providing safe, equitable access for all Ohio students,” Miller said. “I hope that this doesn’t see the floor and doesn’t see the governor’s desk.”

More than 100 people submitted opponent testimony on HB 183 and more than 30 people submitted proponent testimony. 

“We do love and care about all kids,” Bird said when asked about all the backlash the bill has received. “Me and my Republican colleagues have heard from constituents all across the state. They may not have been loud. They may not have been vocal. They may not have come with a sign to the Statehouse, but we are here representing the vast majority of Ohioans who want protections.” 

Trans advocates speak out against HB 183

Transgender advocates hosted a press conference following the House Higher Education Committee to voice their opposition to HB 183. Trans Ohio Board Member Carson Hartlage said HB 183 is harmful to all students, including cisgender students.

“Most trans non binary and gender non conforming students only begin using restrooms that align with their gender identities after they’ve experienced some form of trauma when using a restroom that aligns with their sex assigned at birth,” Hartlage said.

Thirty percent of LGBTQ+ students said they were prevented from using the bathroom that aligned with their gender, and 26% were stopped from using the locker room that aligned with their gender, according to Ohio’s 2021 state snapshot by GLSEN, which examines the school experiences of LGBTQ middle and high school students.

When looking specifically at transgender and nonbinary students, 42% were prevented from using the bathroom that aligned with their gender and 36% couldn’t use the locker room that aligned with their gender, according to the Ohio GLSEN report. 

Ohio’s first openly transgender public official and member of the Gahanna-Jefferson Public Schools’ Board of Education Dion Manley shared his concerns. 

“As a trans man is I’ve been going into men’s restrooms for 25 years without incident,” Manley said. “I go visit the schools on a regular basis. So these legislators want me to go into a girls restroom in the elementary school, middle school, and high school.”

Mallory Golski, civic engagement and advocacy manager at Kaleidoscope Youth Center, said how Ohio was recently at the center of history in a positive way with Monday’s eclipse.

“We’re here reflecting on how we’re at the epicenter of another piece of history,” she said. “And unfortunately, we’re at the wrong place at the wrong time. Unlike the fleeting blackout of the total solar eclipse, the history I’m talking about here today at the statehouse leaves transgender youth in the dark.”

Jeanne Ogden’s daughter would be directly impacted by this bill. Her daughter’s college classroom building does not have single-use restrooms in the building, forcing her daughter to go across the street to use the restroom. 

“These kids getting bullied and yes, their mental health is suffering,” said Ogden, the executive director of Trans Allies of Ohio. “Trans people are tired. Parents are exhausted.”

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Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

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The preceding article was previously published by the Ohio Capitol Journal and is republished with permission.

The Ohio Capital Journal is an independent, nonprofit news organization dedicated to connecting Ohioans to their state government and its impact on their lives. The Capital Journal combines Ohio state government coverage with incisive investigative journalism, reporting on the consequences of policy, political insight and principled commentary.

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

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National

Day of [no] silence, a call to speak out against anti-LGBTQ+ hate

GLSEN reframes its Day of Silence to confront the alarming rise in anti-LGBTQ+ sentiment, the message is clear: the time for action is now

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GLSEN/Los Angeles Blade graphic

NEW YORK – In a move to counteract the surge in anti-LGBTQ+ legislation, GLSEN, a leading national organization advocating for safe and inclusive schools for LGBTQ+ youth, has announced a significant shift in its annual Day of Silence event. 

Traditionally observed as a silent protest against LGBTQ+ discrimination and bullying, this year’s event will transform into the Day of (No) Silence, calling on advocates, students, educators, and allies to actively speak out against the wave of exclusionary policies sweeping across the nation.

Scheduled for April 12, 2024, the Day of (No) Silence emerges in response to over 470 anti-LGBTQ+ bills introduced in state legislatures throughout the United States. The event’s reimagining encourages participants to leverage their voices, platforms, and votes to demand legislative support and protection for the LGBTQ+ community, especially trans and non-binary individuals.

“Education is the cornerstone of our democracy, yet it’s under attack by those with the  loudest voices pushing hateful agendas, using trans and queer students as pawns,” said GLSEN Executive Director, Melanie Willingham-Jaggers. “From bathroom bans to book bans, the attacks on our education system are relentless and widespread. It’s on us, as adults, to rise up for every child’s right to a safe and inclusive education. That’s why this year, we refuse to remain silent. We’re rising together, using our collective voices to fight back against these injustices. While some students are silenced by censorship laws or unsafe school environments, if you can, I urge you to join us. Speak up, vote, use your platform, and support GLSEN programs. Together, let’s build a future where every student can thrive.” 

The organization has laid out a comprehensive action plan for participants to follow on April 12th, ranging from using social media platforms to share student stories and resources, participating in the National School Climate Survey, to educators creating an inclusive classroom environment through GLSEN’s Rainbow Library.

In an interview with The Blade,  GLSEN’s Director of Communications Madison Hamilton, expounded on the shift to Day of (No) Silence. “It is imperative, with the over 480 hateful anti LGBT+ bills that have been presented this year alone that we make this shift,” Hamilton said. “We have heard from students and educators in our network, telling us that they want to take action and speak out. The silent protest is just not working anymore.”

Hamilton also addressed the broader impacts of discrimination, highlighted by the tragic murder of 16-year-old nonbinary Oklahoma resident, Nex Benedict, a vivid reminder of the deadly consequences of anti-LGBTQ+ hate. GLSEN’s statement underscores the urgent need for accountability and a collective fight against extremism targeting queer and trans youth within the educational system.

“At GLESN we believe education is the cornerstone of our democracy. All this hate rhetoric leads to hate crimes. Nex was in that bathroom because politicians in Oklahoma required them to be in that bathroom,” Hamilton told The Blade, emphasizing that holding adults accountable for their hateful rhetoric against the community is imperative to creating a more inclusive society in schools and beyond. 

GLSEN offers resources for educators, including an action guide for creating supportive environments for LGBTQ+ students, and calls on allies to engage in various forms of advocacy, such as hosting events, volunteering, and fundraising, to support the cause.

As GLSEN reframes its Day of Silence to confront the alarming rise in anti-LGBTQ+ sentiment, the message is clear: the time for action is now. By raising our voices, we can push back against discrimination, celebrate diversity, and pave the way for a future where all students can thrive, regardless of their sexual orientation or gender identity.

GLSEN is the nation’s leading organization dedicated to creating safe and inclusive K-12 schools for LGBTQ+ students. Founded over 34 years ago, it works tirelessly to combat harassment and discrimination through education, policy advocacy, and community building.
For more information on how to participate in the Day of (No) Silence and support LGBTQ+ youth, visit www.glsen.org.

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Louisiana

Severe weather doesn’t stop GOP anti-LGBTQ+ bills in Louisiana

As severe weather shut down nearly every government entity- a legislative committee met & quietly advanced anti-LGBTQ+ legislation

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As severe weather shut down nearly every government entity in Louisiana Wednesday, a legislative committee met and quietly advanced two pieces of anti-LGBTQ+ legislation. (Allison Allsop/Louisiana Illuminator)

By Piper Hutchinson | BATON ROUGUE, La. – As severe weather shut down nearly every government entity in Louisiana Wednesday, a legislative committee met and quietly advanced two pieces of anti-LGBTQ+ legislation. 

The Louisiana House Committee on Education advanced House Bill 121 by Rep. Raymond Crews, R-Bossier City, which prohibits the use of transgender and nonbinary youth’s chosen names and pronouns in public K-12 schools without parental permission, along a party line 9-3 vote. 

House Bill 122 by Rep. Dodie Horton, R-Haugton, which limits discussion of gender and sexuality in public K-12 schools, also advanced on a 9-3 vote, with Rep. Barbara Freiberg, R-Baton Rouge, joining Democrats in opposing the bill.   

The Legislature approved both bills last year. Then-Gov. John Bel Edwards, a Democrat, vetoed them, and Republicans were unable to overturn his action. A representative for Gov. Jeff Landry, a Republican, filed a card in support of both Crews’ and Horton’s bills. 

Committee hearings on the same bills in previous years stretched on for hours with extensive public testimony, primarily from LGBTQ+ youth, but Wednesday’s hearing moved at an unusually fast clip, with many advocates stuck at home. 

The committee was scheduled to meet at noon, an hour before a tornado watch expired for Baton Rouge. Tornadoes had touched down in Slidell and Lake Charles in the morning, and flooding and storm debris blocked roads across the state. 

Just four people testified against the bills Wednesday. By comparison, more than 40 people testified against the same bills in 2023, and over 300 more filed cards in opposition but did not speak. 

The Louisiana Senate decided late Tuesday afternoon to cancel its committee meetings the next day to avoid the hazardous weather. Senators aren’t scheduled to return to the Capitol until Monday.

The House of Representatives canceled all but two of its six scheduled committee meetings, In addition to Education, the House and Governmental Affairs Committee also met at noon to discuss several election-related bills  

Advocates with Forum For Equality, an LGBTQ+ rights organization, called on House Speaker Phillip DeVillier, R-Eunice, to cancel the two committee hearings.

Crews’ bill would require teachers and other school personnel to use a student’s given name and pronouns that align with their birth sex unless a student has permission from their parents to use their chosen name. 

Teachers would be allowed to disregard a parent’s choice to respect their transgender or nonbinary child’s preferred name and pronouns if they have religious opposition to doing so. 

Freiberg noted this double standard during the hearing, pointing out the bill was touted as a parental rights bill but allowed a parent’s choice to be invalidated. 

In an interview after the hearing, Crews said that while his bill supports parental rights, parents should not be able to eclipse somebody else’s religious rights. 

His bill does not have an exception for those who have a religious opposition to deadnaming or misgendering students. 

Deadnaming is when someone uses a transgender or nonbinary individual’s birth name, or “dead name,” against their wishes. Misgendering occurs when someone refers to an individual as a gender that they do not identify. 

At the core of Crews’ proposal is his belief that parents have the right to know whether their children are transgender. Advocates for the LGBTQ+ community say the bill would force transgender youth to out themselves to their parents or else be deadnamed and misgendered at school. They have raised concerns about what happens when parents find out — and don’t approve.

A survey from the Trevor Project found 38% of transgender women, 39% of transgender men and 35% of nonbinary youth have experienced homelessness as a result of parental rejection. 

Horton’s bill is similar to a Florida law referred to by critics as a “Don’t Say Gay” bill. Her proposal is much broader and would apply to K-12 grades, whereas Florida’s law applies only to early grade students. 

Florida recently settled a lawsuit over the law filed by civil rights activists. As part of the agreement, students and teachers are permitted to discuss gender and sexuality as long as  it is not part of classroom instruction. 

Horton’s bill would not just apply to classroom instruction. It also prohibits “covering the topics of sexual orientation or gender identity” during any extracurricular and athletics events, meaning it could potentially hinder student chapters of the Gay-Straight Alliance and other LGBTQ+ student organizations. 

Horton said she didn’t believe teachers should discuss their “lifestyle choices” with students and made reference to a Caddo Parish teacher who she said bragged about confusing children with their sexual orientation. 

As written, the bill would also prevent discussion of heterosexuality and the cisgender identity. 

The bills will next be discussed by the full House of Representatives. 

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Piper Hutchinson is a reporter for the Louisiana Illuminator. She has covered the Legislature and state government extensively for the LSU Manship News Service and The Reveille, where she was named editor in chief for summer 2022.

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The preceding piece was previously published by the Louisiana Illuminator and is republished by permission.

Louisiana Illuminator is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence.

Follow Louisiana Illuminator on Facebook and Twitter.

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U.S. Federal Courts

Federal judge tosses suit against Calif. trans sanctuary state law

The law provides legal protections for families who come to Calif. to obtain gender-affirming care that is inaccessible where they live

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Robert T. Matsui U.S. Courthouse and Federal Building, Sacramento, Calif. (Photo Credit: U.S. Courts/GSA)

SACRAMENTO, Calif. — A judge of the United States District Court for the Eastern District of California dismissed a second amended complaint challenging the constitutionality of Senate Bill 107 (SB 107), also referred to as California’s Transgender Sanctuary State Law.

In the dismissal without leave to amend, the court dismissed the lawsuit on Article III standing grounds, finding that the plaintiff failed to allege that SB 107 injured them in any way, and failed to allege any facts showing that SB 107 forced the plaintiff to divert staff time and resources.

SB 107 protects children and families seeking gender affirming care, as well as their health care providers, from bigoted anti-trans laws in other states that criminalize medically necessary health care that is legal in California. 

The Transgender Sanctuary State Law provides legal protections for families who come to California to obtain gender-affirming care that is inaccessible where they live, as well as doctors and staff providing such care in California. It implements various safeguards against the enforcement of other states’ laws that would penalize people for obtaining medically necessary care that is legal in California.

California Attorney General Rob Bonta issued a statement following the U.S. District Court’s order granting the California Department of Justice’s motion to dismiss the second amended complaint challenging the constitutionality of Senate Bill 107 (SB 107).

“No one should ever be marginalized for seeking the care they need,” said Bonta. “The court’s decision is a major win for transgender children and their families in California and across the U.S. amidst a growing assault on LGBTQ+ rights nationwide. My office stands ready to defend SB 107 to ensure transgender and gender-nonconforming individuals obtain the care that empowers them to lead healthier, happier lives.”

“Transgender people just want to live their lives authentically and in peace, and California is defending their right to do so,” said the law’s author, state Senator Scott Wiener. “This ruling shows once again that trans people are living authentically in California without any of the negative impacts on those around them of which right-wing zealots accuse them. California’s leadership is united in defending transgender people, and LGBTQ people generally, from the vicious attacks they face in other states. I thank Attorney General Bonta and his team for their incredible work securing this major civil rights victory.”

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U.S. Federal Courts

Federal judge rules Florida trans teacher can use ‘Ms.’ in classroom

“Once again, the State of Florida has a First Amendment problem. It has occurred so frequently of late, you can set your clock by it”

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U.S. District Court building In Tallahassee, Florida. (Screenshot/YouTube)

By Erin Reed | TALLAHASSEE, Fla. – In Florida, a federal judge ruled that a transgender woman teacher no longer has to be referred to as “Mr.” or “teacher” in the classroom, citing first amendment protections.

Instead, she can use “Ms.” and female pronouns. This decision follows the passage of HB1069 in Florida, which mandated that teachers could not use pronouns that “do not correspond to his or her sex.”

U.S. District Court Judge Mark Walker enjoined the state from enforcing the law against her, stating, “The State of Florida has not justified this grave restraint, and so the United States Constitution does not tolerate it. Ours is a Union of individuals, celebrating ourselves and singing ourselves and being ourselves without apology.”

The plaintiff, Ms. Wood, a teacher at a Florida high school, has been known as “Ms. Wood” for four years. She regularly would write her name, title, and pronouns on the whiteboard and used these pronouns with students, faculty, and staff, as well as in her personal life. In evaluating Ms. Wood’s usage of her name, title, and pronouns, the judge determined that “The freedom to use the title ‘Ms.’ and to share her preferred pronouns at school is essential to her basic humanity.”

Ms. Wood’s ability to use her preferred title and pronouns was threatened following the passage of House Bill 1069. Enacted into law in 2023, House Bill 1069 prohibits all employees and contractors of public K-12 educational institutions from using their preferred personal titles or pronouns if those “do not correspond to their sex.”

After the law’s enactment, administrators informed Ms. Wood that she had to remove her pronouns and title from display and could not correct students who referred to her as “Mr.” or “him.”

The judge commenced his ruling with a scathing critique of the state, writing, “Once again, the State of Florida has a First Amendment problem. It has occurred so frequently of late, some might say you can set your clock by it… The question before this Court is whether the First Amendment allows the State to dictate, without limitation, how public-school teachers refer to themselves when communicating with students. The answer is a thunderous ‘no.’”

The judge ultimately determined that prohibiting Ms. Wood from using her pronouns or title constituted an unconstitutional violation of her freedom of speech, deeming it a form of viewpoint discrimination.

In his decision, he refuted several arguments presented by the state, including the claim that Ms. Wood using “Ms.” could “impede her job duties.” He found this assertion to be unfounded, noting instead that as a teacher, Ms. Wood’s students achieved test scores higher than the district average.

Additionally, the state argued that Ms. Wood’s identity itself was at odds with the state’s teachings on gender and sexuality, and thus she could be barred. This argument, based on a novel legal theory, was found by the judge to be entirely unsupported by court precedent.

This case is not the only recent legal action addressing this topic. Two weeks prior, the 11th Circuit Court of Appeals ruled that repeated and intentional misgendering could constitute a hostile work environment. Similarly, the 7th Circuit Court of Appeals determined that teachers do not have the religious right to misgender transgender students. While the Florida case did not grant Ms. Wood an injunction on the basis of a hostile work environment, it does not preclude the possibility that it might recognize she experienced such an environment in addition to the First Amendment violation identified by the judge when the case is fully heard.

It is important to note that although defendants are barred from enforcing the law against Ms. Wood, the injunction is currently limited only to the teacher. However, should other teachers be threatened with retaliation under similar circumstances, it is likely they would also prevail. Similarly, this case will likely be cited in other attempts to bar transgender students and teachers from using their pronouns in school settings nationwide.

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

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

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The White House

New Director of White House Office of National AIDS Policy named

Ruiz, a distinguished figure in public health assumes the role as the first-ever Latino to serve as ONAP’s director

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Francisco Ruiz, incoming Director of the White House Office of National AIDS Policy (ONAP). (Photo Credit: Official White House photo)

By Amber Laenen | WASHINGTON – Francisco Ruiz’s appointment as the director of the White House Office of National AIDS Policy has elicited widespread acknowledgment across various sectors.

Ruiz, a distinguished figure in public health with a history of collaboration and strategic partnerships, assumes the role as the first-ever Latino to serve as ONAP’s director, underscoring a commitment to diversity and inclusivity in addressing public health challenges.

In response to his appointment, Domestic Policy Advisor Neera Tanden underscored the Biden-Harris administration’s steadfast commitment to ending the HIV epidemic and enhancing the quality of life for people living with HIV. Ruiz himself acknowledged this sentiment, emphasizing that accelerating efforts to combat the HIV epidemic and improve the well-being of those affected remain a paramount public health priority for the White House.

Previously serving at the U.S. Centers for Disease Control and Prevention, Ruiz played a pivotal role in advancing national HIV prevention campaigns, particularly contributing to the goals of the Ending the HIV Epidemic in the U.S. Initiative. His experience in fostering strategic partnerships and ensuring sensitive prevention messaging has been noted as instrumental in reaching diverse communities across the country and in U.S. territories.

Ruiz in his new role will be tasked with accelerating efforts to end the HIV epidemic and improve the quality of life for people living with HIV. 

Guillermo Chacón, president of the Latino Commission on AIDS and founder of the Hispanic Health Network, expressed confidence in Ruiz’s ability to advance the national strategy to end the HIV epidemic.

“Mr. Ruiz is a respected public health leader and a fitting choice to ensure that the Biden-Harris administration meets the goal of ending the HIV epidemic in the United States and U.S. Territories,” said Chacón.

“Francisco Ruiz’s appointment signifies a renewed focus on addressing health disparities and promoting health equity, particularly for historically marginalized and underserved communities,” he added. “As a person living with HIV and the son of Mexican immigrants, Ruiz brings personal insight and professional expertise to his new role, ensuring that strategies to combat HIV/AIDS are scientifically grounded and connected with the experiences of those most affected.”

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Amber Laenen is a senior at Thomas More Mechelen University in Belgium. She is majoring in journalism and international relations. Amber is interning with the Blade this semester as part of a continued partnership with the Washington Center.

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