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Discrimination against LGBTQ kids illegal under Title IX

In contrast, the Trump administration had interpreted Title IX to exclude cases of anti-transgender discrimination in schools

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Trans student activist Landon Richie speaking at Texas Capitol during protest for LGBTQ student rights this past Spring (Photo Credit: Blade file photo)

WASHINGTON – The Biden administration made official on Wednesday its position that discrimination against LGBTQ kids in schools is illegal under federal law at a time when states have enacted measures prohibiting transgender kids from playing in school sports or obtaining transition-related health care.

The Education Department, in a notice of interpretation signed by Secretary of Education Miguel Cardona, declared it would enforce Title IX of the Education Amendments of 1972, which bars discrimination on the basis of sex in schools, to prohibit discrimination both on the basis of sexual orientation and gender identity.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections” Cardona said in a statement. “I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students — including LGBTQ+ students — deserve the opportunity to learn and thrive in schools that are free from discrimination.”

In contrast, the Trump administration had interpreted Title IX to exclude cases of anti-transgender discrimination in schools. In fact, the Justice Department under former President Trump filed a legal brief in defense of an Idaho law against transgender kids in sports in ongoing litigation against the statute.

Just this year, a number of states have enacted similar laws. Florida Gov. Ron DeSantis, a potential 2024 presidential candidate, said upon signing into law a measure banning transgender kids, that status would go “based on biology.” Arkansas has enacted a law over the veto of its governor making criminal the providing of transition-related care to transgender kids.

The notice of interpretation is consistent with the executive order President Biden signed on his first day in office instructing federal agencies to prohibit anti-LGBTQ discrimination to the furthest extent possible in the wake of the U.S. Supreme Court’s decision in Bostock v. Clayton County. In his executive order, Biden specifically spelled out students should be able to go school without being  “denied access to the restroom, the locker room or school sports.”

It wasn’t immediately clear whether the Biden administration would follow up on the memo with legal action against states with anti-transgender laws. The Education Department didn’t immediately respond to an inquiry on the issue.

The White House has consistently referred questions on whether the Biden administration would take up legal action against states enacting anti-transgender laws to the Justice Department, which hasn’t responded to multiple requests for comment.

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Congress

Pride in Mental Health Act to aid at-risk LGBTQ youth introduced

Pride in Mental Health Act would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

WASHINGTON — U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

“Accessing mental health care and support has become increasingly difficult in nearly every state in the country,” said Butler, who is the first Black LGBTQ senator. “Barriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

“Mental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.” 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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U.S. Federal Courts

Supreme Court denies to lift West Texas A&M University drag ban

A U. S. District Court judge & a three judge panel of the U.S. Fifth Circuit Court of Appeals previously ruled against the student group

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The U.S. Supreme Court (Photo by Michael Key, the Washington Blade)

WASHINGTON – In a simple one sentence order issued Friday, the U.S. Supreme Court denied the request by West Texas A&M University’s Spectrum LGBTQ+ student organization to block a ban of an annual charity drag show implemented by West Texas A&M University President Walter Wendler in March of 2023.

“The application for writ of injunction pending appeal presented to Justice Alito and by him referred to the Court is denied.,” the order reads.

A Texas U. S. District Court judge and a three judge panel of the U.S. Fifth Circuit Court of Appeals had previously ruled against the student group’s request to block the university’s ban on the performance.

Arguing that the actions taken by West Texas A&M University President Walter Wendler infringes on Spectrum LGBTQ+ group’s free speech, JT Morris, an attorney with the Foundation for Individual Rights and Expression, wrote in the emergency application to the high court earlier this month:

“If courts abdicate their responsibility to provide oversight when university officials overstep constitutional bounds, it will hollow out this court’s well-settled rule that university presidents cannot arbitrarily parcel out First Amendment rights only to those groups of which they approve.”

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Last year, several West Texas A&M student groups were organizing the drag show, called “A Fool’s Drag Race,” for months. Spectrum advertised the show on its Instagram page, encouraging people to sign up to perform. wanted to host a drag show to raise money for the Trevor Project, a nonprofit that provides suicide prevention services for LGBTQ youth. 

The show was planned with the help of university staff and intended for audiences over 13 years old. Spectrum WT said the show would be anything but risqué, avoiding profane music and other “lewd” conduct. Minors were allowed to attend only if accompanied by a parent. 

Wendler drew considerable ire for canceling the student drag show, arguing that such performances degrade women and are “derisive, divisive and demoralizing misogyny.”

The students accused Wendler of violating university policy, which states the school can’t deny student groups any benefits “on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by the organization or any expressive activities of the organization.”

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Federal Government

EXCLUSIVE: USAID LGBTQ+ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

WASHINGTON — U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ+ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ+ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and Transgender women. Gilliam noted lesbian, bisexual and queer women and Trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.  

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ+ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law. 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ+ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ+ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ+ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Oklahoma

LGBTQ groups rally in Oklahoma, demand justice for Nex Benedict

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

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

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

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

Photo by Lance Preston

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

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

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

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

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

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

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

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

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

Photo by Lance Preston

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

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

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

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

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

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

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

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

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

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

Rainbow Youth Project’s Preston reacted saying:

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

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U.S. Federal Courts

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

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

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

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

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

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

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

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

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

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

Nicole Berner’s nomination advances


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

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

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The White House

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

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

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

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

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

The president’s statement reads:

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

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

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

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

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

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Texas

Texas school superintendent suspended over trans actor’s removal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Tammye Nash
Managing Editor

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

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

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

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Nebraska

Nebraska Governor signs off on finalized anti-trans care regulations

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

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

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

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

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

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

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

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

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Oklahoma

Medical examiner rules death of Oklahoma trans teen a suicide

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Kansas

Kansas GOP advances ban on gender-affirming trans youth care

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

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

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

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

The bill now heads to the Senate. 

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

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

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

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

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

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

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

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

House Minority Leader Vic Miller of Topeka condemned the legislation.  

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

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

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

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

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