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Texas Governor calls special legislative session, targets trans youth sports

“Discriminating against transgender youth is a higher priority than addressing the real problems affecting ALL Texans today”

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Gov. Greg Abbott (R) in an exclusive interview with NBCDFW 5, June 7, 2021. (Screenshot via NBC 5)

AUSTIN – Republican Governor Greg Abbott has recalled the Texas State Legislature back into a special session with the purpose of seeking passage of items left over from the regular session he referred to as “unfinished business.” The governor announced the items on his website and on Twitter just after 9 a.m. Wednesday.

“The 87th Legislative Session was a monumental success for the people of Texas, but we have unfinished business to ensure that Texas remains the most exceptional state in America,” Abbott said in a media statement.

Dallas-Fort Worth NBC News affiliate NBCDFW 5 reports that among the items on the governor’s priority list of eleven measures is legislation identical to Senate Bill 29 as passed by the Texas Senate in the 87th Legislature, Regular Session, disallowing a student from competing in University Interscholastic League athletic competitions designated for the sex opposite to the student’s sex at birth.

This bill is aimed directly preventing Trans youth athletes from competing on teams matching their gender identity.

“Governor Abbott’s attempt to resuscitate the transgender sports ban is shameful. Millions of Texans lost power for days this winter. Texas needs the legislature to focus on real problems, not scapegoat a vulnerable group of schoolchildren who pose no threat to anyone. The vast majority of Texans see this for what it is—a heartless political ploy to divert attention from serious failures of leadership,” Shannon Minter, the Legal Director for the National Center for Lesbian Rights (NCLR), an LGBTQ legal advocacy group told the Blade Wednesday.

The Texas Tribune noted that “in a less expected move, Abbott is also asking lawmakers to take on legislation that prohibits transgender Texans from competing on school sports teams that correspond with their gender identity. Abbott had voiced support for that during the regular session but had not given any indication he would add it to a special session despite a campaign by Lt. Governor Dan Patrick to do so.”

Patrick is well known for his extremist anti-LGBTQ views.

Trans activists in Texas and Equality Texas, the Lone Star State’s LGBTQ human and civil equal rights advocacy group are already gearing up to battle the legislation.

“Hate has no place in Texas, but trans kids do.”

A leading Trans Youth activist from Houston, Landon Richie, told the Blade in an email Wednesday;

“What was made abundantly clear by Governor Abbott’s agenda is that discriminating against transgender youth and excluding them from the same opportunities as their peers is a higher priority than addressing the real problems affecting ALL Texans today. Instead of taxpayer dollars going toward weatherizing our power grid, helping communities and businesses recover from the pandemic, or preparing coastal cities for surviving a possibly destructive hurricane season, they will be spent on harming and perpetuating further stigma against already vulnerable children. However, just like we defeated SB29 in the regular session, we will defeat this revived version as well. Hate has no place in Texas, but trans kids do.”

The Tribune also pointed out that Patrick was an early instigator of the special session, asking Abbott to call it after three of the lieutenant governor’s priority bills died in the House in May. Two of those proposals — related to social media and transgender athletes — are reflected in the special session call, while the third — banning taxpayer-funded lobbying — is not. Abbott also did not give in to Patrick’s pleas for direct ratepayer relief for residential power customers affected by the February storm.

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Minnesota

Trans student leads walk out over sexual assault allegations in Minnesota

“It was disturbing how many kids came forward to say that they too had been the victims of sexual harassment or assault”

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Melinda, Eben, Ferris, and Steven Santineau (Photo Credit: Santineau family)

PLYMOUTH, Mn. – Armstrong High School senior Ferris Santineau had decided that he was over being talked down to and patronized by school officials over his concerns that an alleged perpetrator of sexual assaults- a fellow student, was still allowed on campus.

The 17-year-old, who identifies as trans-male and bisexual, led a protest of approximately 250 plus fellow students and classmates out to the athletic fields Friday afternoon to send a highly visible message that enough was enough.

Santineau, who spoke to the Blade by phone immediately after the protest rally, said that his actions and the support from other students stemmed from a series of alleged sexual assaults against another 17-year-old Trans student on the campus that he is a close friend of.

According to Santineau, school administrators had been far less willing to believe the victim and when he attempted to intervene, he was met with an adversarial attitude by the school resource officer, (SRO) and a staff member who kept him in room for ninety minutes and interrogated him by himself. Santineau, told the Blade that he felt threatened by that encounter, noting that the entire time of the interview, the SRO had his hand placed on top of his taser on his duty belt.

Santineau, also told the Blade that he has been diagnosed with Attention-deficit/hyperactivity disorder, (ADHD) which made the confrontation with the SRO and staff member worse.

“I felt like it was an interrogation, I have ADHD and asked them to be patient, but they kept interrupting me which made it worst,” he said. “I was trying to keep track of what we were talking about, then they’d interrupt and I’d try to ask a question then they told me I needed to be patient.” He added that he felt as though they were not listening at all.

He characterized the school administrators, the SRO and other staff as not believing the victim and even after multiple students and he had approached them to plead for the alleged perpetrator to be removed from campus, instead allowed him to stay enrolled and at least two occasions escorted the alleged assailant to his car. His presence had caused the victim to not attend classes and stay away from the school..

Santineau noted that Armstrong is running both in-person and virtual classes as a result of COVID-19 protocols.

Asked why the victim, his best friend, hadn’t reported the incidents to law enforcement or others and Santineau’s answer was blunt; “He didn’t think anything would be done about it especially since he was dating the assailant- and he wasn’t going to be believed.”

Steven Santineau and his wife Melinda, Ferris’ parents, are frustrated and angered by the high school administrators attitudes. Steven Santineau told the Blade that he and his wife had gone to the school Friday to support his son’s rally and to be there in solidarity with the students and the victim who they also know.

“I spoke to the principal who basically said that I was lucky that the school was communicating with me. He literally implied that the only people the school would be dealing with was the victim and his parents- it was a ‘ we don’t need to deal with you mind your business,’ attitude,” Steven Santineau said. He indicated that the school was also blaming his son for creating a firestorm on social media when according to the school, “as a result of the ‘interview’ the school claimed that only Ferris was knowledgeable of the assaults.” The Santineaus say that is untrue.

What stood out to both he and his wife were the number of students at the rally who spoke out on the subject of sexual assaults. “It was disturbing how many kids came forward to say that they too had been the victims of sexual harassment or assault and the school took no action,” Melinda Santineau said.

In the case of the first victim, according to Ferris Santineau, nearly half the of sexual assaults took place on campus with the remainder off-campus. His father noted that the school claimed to him that it had reviewed three years of video surveillance footage from school property in a single day prior to Friday’s rally.

Ferris Santineau indicated that because the alleged perpetrator was still attending Armstrong, he and the others want him expelled and a proper investigation conducted. His father told the Blade that principal said that the victim needed to file a police report and the school would then take appropriate action.

“I want my friend to feel safe,” Santineau told the Blade “I want the school to actually do something when somebody comes to them, because during the protest I asked ‘How many people felt like they weren’t being heard?’ many more hands came up. ‘how many people were sexually assaulted?’ too many hands came up. ‘How many people were silenced?’ and like that.”

His parents want a greater sense of accountability but are frustrated with the lack of proactive action on the part of staff. The school notified parents via text and emails about the situation after the rally not prior Steven Santineau said and provided the Blade with a screenshot. He added another screenshot with student comments taken after the text was posted to social media accounts.

Calls to the Robbinsdale Area Schools, the district for Armstrong High by the Blade were not returned, however, in a statement to local NBC affiliate KARE 11 in Minneapolis, Armstrong administrators say they are investigating the alleged sexual assault between two students while students demand expulsion.

KARE also reported that on September 16, a letter was sent to inquiring parents that detailed the initial investigation.

“We have been in contact with the family and shared options with them, including the option to file a police report,” the letter stated, in part.

In the meanwhile the Santineau family is upset at the seemingly cavalier manner the school is handling the situation and angered at the treatment their son has received.

Video from KARE NBC 11 Minneapolis: Hundreds of students walk out of Armstrong High School to protest sexual assault allegations:

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Texas

High School removes LGBTQ ‘Safe Space’ stickers- students walk out

“These aren’t political stickers, they are merely a signal that a teacher has the confidence to have conversations with LGBTQ+ students”

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Photo Credit: GLSEN

IRVING, Tx. — A sizable number of the student body of a suburban Dallas, Texas high school walked out in protest after faculty members were forced to remove LGBTQ “safe space” stickers from their classroom doors.

Dallas ABC News affiliate WFAA ABC 8 reported that hundreds of students walked out of MacArthur High School on Wednesday after students said they began noticing the stickers were being removed from the classroom doors by the administration.

Carrying rainbow flags, the students walked out protesting what they describe as targeted discrimination against the school’s LGBTQ+ students and teachers.

One teacher reported a Safe Space poster she had printed and laminated was missing from outside her classroom too. “I was freaked. The kids were freaked out,” Rachel Stonecipher, an English teacher and sponsor of the campus’ Gay Straight Alliance told CBS-DFW.

Students, she said, immediately wondered who had removed them and what message their disappearance was sending.

“I was a little scared too because I’m the only openly, very obviously gay teacher, lesbian teacher,” said Stonecipher. She and at least four other teachers signed an e-mail to the principal asking for an explanation.

In a statement released to the media, the Irving Independent School District administration said that district policy does not allow teachers to use classrooms to “transmit personal beliefs regarding political or sectarian issues.

“To ensure that all students feel safe regardless of background or identity, the district has developed guidelines to ensure that posters, banners, and stickers placed in classrooms, hallways, or offices are curriculum-driven and neutral in viewpoint,” the statement added.

“These aren’t political stickers, they are merely a signal that a teacher has the confidence to have conversations with LGBTQ+ students,” Stonecipher told reporters.

Irving police were at the school during the walkout as an added presence.

“We have extra resources deployed at MacArthur HS to maintain a safe environment for all,” Irving police tweeted.

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U.S. Federal Courts

Lambda Legal seeks to add two more Trans plaintiffs in West Virginia suit

Federal class-action lawsuit challenging blanket exclusion of health care for Trans people in WVA’s Medicaid & state employee health plan

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Shauntae Anderson and Leanne James (Photo Credit; Lambda Legal)

CHARLESTON, WVa. – Lambda Legal filed a motion seeking leave to add two additional plaintiffs—a Medicaid participant and a public employee—to its federal class-action lawsuit challenging West Virginia’s blanket exclusion of health care coverage for transgender people in West Virginia’s Medicaid and state employee health plans.

If granted, Shauntae Anderson, who is a Medicaid participant, and Leanne James, a public employee and Public Employee Insurance Agency (PEIA) member would be added as additional plaintiffs to Fain v. Crouch.

“My life as a Black transgender woman has not been easy. I suffered years of agony and desperation without appropriate care and treatment for my gender dysphoria. Like other Medicaid participants, I rely on Medicaid for health care coverage and it has been heartbreaking to hear that just because I am transgender, I can’t access coverage for care that is medically necessary. It is not only inhumane but also unjust to be singled out this way,” said plaintiff Shauntae Anderson.  

“It is deeply upsetting that I am deprived of coverage for critical and urgent health care simply because I am transgender. As a public employee and PEIA member, being denied coverage for medically necessary care that cisgender state employees have full access to is an insult to my dignity. The exclusion in the state employee health plans is a reminder to myself and other transgender state employees that we are being denied equal compensation for equal work.” said plaintiff Leanne James.

Filed last November in West Virginia’s Southern District, Fain v. Crouch is a class action lawsuit challenging blanket exclusions of coverage for gender-confirming care in West Virginia state health plans. The blanket exclusions of coverage for care are stated expressly in the health plans offered to Medicaid participants and state employees. West Virginia’s state health plans serve approximately 564,000 Medicaid participants and 15,000 state employees, some of whom are transgender. 

“The state of West Virginia continues to deny medically necessary gender-confirming health care to transgender West Virginians – via explicit and targeted exclusions. West Virginia’s ban on gender-confirming care is unconstitutional and discriminatory; it causes physical, emotional, and financial distress; and it denies transgender West Virginians basic dignity, equality, and respect. Ms. Anderson and Ms. James are just two of many transgender people in West Virginia who are being denied basic health care just because of who they are.” said Avatara Smith-Carrington, Staff Attorney at Lambda Legal and lead attorney on the case.

“We admire Ms. Anderson and Ms. James for stepping forward and joining our original plaintiffs in this lawsuit,” said Nicole Schladt, Associate Attorney at Nichols Kaster, PLLP. “Together, we seek an end to healthcare discrimination in West Virginia.”

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