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Activists reflect on Black Trans Lives Matter movement

Blade speaks with Alex Santiago, Jasmyne Cannick

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An I Am Human Foundation billboard along Atlanta's Downtown Connector expressway on Feb. 22, 2021. (Washington Blade photo by Michael K. Lavers)

ATLANTA — The world came to a standstill last year as a video surfaced online that showed then-Minneapolis police officer Derek Chauvin murdering George Floyd. The video went viral and sparked numerous protests against racism and police brutality in the U.S. and around the world as many people felt it a potent time to relay their frustrations with and to their governments.

For the LGBTQ community, these protests brought to light the need for human rights for transgender individuals as the murders of people like Tony McDade in Florida and Nina Pop in Missouri reawakened the flame within the Black Trans Lives Matter movement.

A tribute to Tony McDade in downtown Asheville, N.C., in June 2020. McDade was a Black transgender man who was shot and killed by a white police officer in Tallahassee, Fla., on May 27, 2020. (Washington Blade photo by Michael K. Lavers)

The Los Angeles Blade more than a year later spoke with Alex Santiago, executive director of the I Am Human Foundation in Atlanta, and Jasmyne Cannick, a Democratic political strategist and journalist in Los Angeles, to reflect on last year’s Black Trans Lives Matter movement, how far it has come, and what’s in store for the future. 

Uplifting voices often silenced

Participating in the Black Lives Matter protests was an easy decision for Santiago. He is a member of the Legendary House of Garcon, a ballroom house headquartered in D.C. 

Although the house is composed mostly of LGBTQ members, Santiago still felt the need to center trans voices and experiences by visually representing them during Black Lives Matter marches. 

“[I decided that] when I go I’m going to have signs that say ‘Black Trans Lives Matter.’ After talking to a couple of the people in the house, they said it was a great idea. So, they got these t-shirts made that incorporated the trans colors [baby blue, baby pink and white],” says Santiago.

Out of the 250 people in the Legendary House of Garcon, 175 showed up to D.C. from other states to march in solidarity with Black trans people. Santiago says that from what he was told, his was the largest group of activists representing Black trans lives at protests. 

“At first I thought people were going to look at us crazy, like, ‘Why are you separating yourselves or being exclusive?’. But, we got a great response from the general population that was there that day. It was a good day,” says Santiago.

Cannick, who was in Los Angeles during the protests, lent her efforts to platforming pertinent issues. She identifies herself as an ally and a “friend” to the LGBTQ community. 

“I’m active in the LA community and everybody knows me. So, whenever something happens, someone is hurt, someone is killed or someone needs to get the word out about something that’s going on particularly as it relates to the trans community, I’m always asked to get involved, and I do,” says Cannick. 

Over the past year, she reported on multiple LGBTQ issues including the trial of Ed Buck, a Democratic political fundraiser who was convicted in the deaths of two gay Black men who he injected with methamphetamine in exchange for sex.

What happened to the BTLM movement and what needs to change?

The nature of many social movements is that as the intense emotion surrounding them fades, people’s fervor for change wanes as well. This is especially true with allies who are not directly linked to the cause.

“Fatigue and frustration at the relatively slow pace of change to a growing backlash on the right against efforts to call out systemic racism and white privilege — has led to a decline in white support for the Black Lives Matter movement since last spring, when white support for social justice was at its peak,” US News reports about the Black Lives Matter movement.

Cannick believes this is the same for the Black Trans Lives Matter movement. She says Americans allow the media to dictate how it behaves and responds to issues. Thus, when stories “fall out of our media cycles … they fall out of our memories.”

“I think that’s not going to change, and that’s a psychological thing, until we learn how to not let the media necessarily dictate our issues,” says Cannick. 

She suggests that individuals remain plugged into their communities by “doing anything to make sure they keep up with an issue” including following the “right people” on social media and setting up Google alerts for any breaking news. 

Jasmyne Cannick (Photo courtesy of Jasmyne Cannick)

Santiago also echoes Cannick’s sentiments. 

“We wait until something happens before we do something. And, I don’t want to be retroactive; I want to be proactive. I want people to see me when things are going well [and when they’re not going well],” says Santiago. 

Upon returning to his home in Atlanta after the D.C. protests, Santiago contacted a billboard installation company and paid for a billboard labelled, “Black Trans Lives Matter” to be displayed on University Avenue near downtown Atlanta. He says that the billboards got attention and helped to spread much-needed awareness. Following this success, he is now in the process of installing a new billboard labelled, “Black, Trans and Visible. My life Matters.”

“Unless you’re in people’s faces or something drastic happens, people forget. Unless you’re living it, people forget,” says Santiago.

As time progresses, both Santiago and Cannick nest hope for the Black Trans Lives Matter movement. However, this hope can only persist when crucial steps are taken to ensure Black trans individuals around the country are protected, most importantly through legislation.

The New York Times reports there are close to 1,000 elected LGBTQ officials in the U.S., with at least one in each state except Mississippi. 

“We need to have more legislation. We need more voices in power like the council Biden has right now,” says Santiago. 

“You know that [Biden] has a lot of trans people and Black trans people [involved], and a part of that’s a positive step in the right direction, but we need that times 10,” says Santiago.

He believes that political representation should extend to local governance where ordinary Black trans individuals can be trained to assume leadership roles. 

Cannick’s focus is on the Black community. 

“[Trans women] are usually murdered by Black men. If we ever expect that to change, we need to start talking about that,” says Cannick.

She’s open to having conversations that put people, including her as a cis-identifying woman, in uncomfortable and awkward spaces. 

She hosts a podcast titled “Str8 No Chaser” and recently aired an episode, “Why Are Black Men Killing Trans Women,” where she discussed with three Black trans women about the gender and sexuality dynamics within the Black community and their perils. 

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Alabama

Alabama House approves expansion of state’s ‘Don’t Say Gay’ law

The bill would extend a ban on discussions of sexual orientation and gender identity from fifth grade to eighth grade

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Rep. Mack Butler, R-Rainbow City, speaks during a debate over his bill expanding Alabama’s “Don’t Say Gay” law in the Alabama House of Representatives on April 23, 2024 at the Alabama Statehouse in Montgomery, Alabama. The bill would expand the current prohibitions on discussions of gender or sexuality from fifth grade to eighth grade. (Brian Lyman/Alabama Reflector)

By Alander Rocha | MONTGOMERY, Ala. – The Alabama House of Representatives Tuesday approved a major expansion of the state’s “Don’t Say Gay” law after a two-hour debate. 

HB 130, sponsored by Rep. Mack Butler, R-Rainbow City, would expand the limitations on teachers addressing sexual orientation and gender identity, currently banned in kindergarten through fifth grade instruction, to kindergarten through eighth grade. The bill would also limit pride flags in the classroom.

“We’ve had a few teachers go rogue, and you’d be appalled at some of the things that are being taught. You’d be appalled at some of the things right now that you’re seeing on Chromebooks,” Butler said.

The House approved the measure on a 74-25 vote.

The bill would have previously expanded the ban through 12th grade, but Rep. Barbara Drummond, D-Mobile, offered an amendment to limit the ban on sexual orientation and gender identity instruction to the eighth grade.

Butler said that was a friendly amendment supported by the Alabama State  Department of Education and thanked Drummond for bringing it.

“I’m trying to put lipstick on something that I think is going to be scarring our kids,” Drummond said.

Democrats said the bill could have unintended consequences, especially as it related to children’s mental health.

Rep. Marilyn Lands, D-Huntsville, said that in her background as a counselor, she’s worked with LGBTQ+ youth that have been ostracized and bullied for of their identity.

Lands named Nigel Shelby, a 15-year-old from Huntsville who died by suicide because of bullying. She said to the body that each legislator “knows people that have been personally affected by this kind of cruelty.”

Several Democrats expressed concerns the bill could contribute to suicide rates. Asked by Rep. Phillip Ensler, D-Montgomery, to respond, Butler said he didn’t believe that would be the case “at all.”

“You still would be able to go to your teacher and talk to your teacher. You wouldn’t be able to raise your hand in class and have an open discussion about what you’re going through, which I doubt is what would happen anyway,” Butler said.

Ensler said he was missing the point. He said that what children will take away from the legislation is that the Legislature is homophobic. He said anytime lessons on identity are prohibited, such as discussion on religion and ethnicity, it makes people feel like they don’t matter and are not seen as equal. 

“That is so disturbing, and I just cannot believe that we’re going to potentially now pass something any moment here that could lead to a child — a child — taking his or her own life because of something that we’re going to do here today,” Ensler said.

Other Democrats questioned which rainbow flag the legislation would outlaw. 

Rep. Neil Rafferty, D-Birmingham, asked whether the bill would be banning the traditional rainbow flag or the solidarity flag, also known as the progress flag. There are at least 25 pride flags, according to the Human Rights Campaign.

“At what point would you know that you’re coming upon another insignia or symbol that would be showing a student that might be struggling, hurting or are really trying to just make the best of what they can and talk to a teacher?” Rafferty asked.

He offered an amendment that would instead prohibit a teacher from having discussions intended to change a student’s sexual orientation or gender identity.

“Very simple. It changes that from regarding to getting to really what the intent of this bill is, and that is to protect children,” Rafferty said.

The amendment was defeated on a 70-27 vote.

Rep. Patrick Sellers, D-Birmingham, said that the issue was not in school, but at home and social media. He said the body was trying to “legislate morality within the home.” 

“I have a little pause because I think we’re trying to do something that we cannot do,” Sellers said.

He added that teachers don’t have the time to teach material outside of the school curriculum.

“Their time is so scheduled, along with dealing with all that they deal with, especially with discipline issues that they deal with within the school system, they don’t have time to teach what I think what you’re suggesting that has been taught,” Sellers said.

Republicans spoke in support of the bill, saying that teachers need to focus on teaching the subject they are assigned.

Rep. Ernie Yarbrough, R-Trinity, said that it is “not the job of public education to sexualize our kids.” He said it was “disingenuous” to say it’s a “ban on teaching historical facts.”

“The sooner we realize that teachers need to focus on teaching, reading, writing and arithmetic, and leaving the purity and the minds, in regard to sexual knowledge, to the parents of our families, the better off our country will be,” Yarbrough said.

The bill goes to the Senate for consideration.

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Alander Rocha

Alander Rocha is a journalist based in Montgomery, and he reports on government, policy and healthcare. He previously worked for KFF Health News and the Red & Black, Georgia’s student newspaper. He is a Tulane and Georgia alumnus with a two-year stint in the U.S. Peace Corps.

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The preceding article was previously published by the Alabama Reflector and is republished with permission.

The Alabama Reflector is an independent, nonprofit news outlet dedicated to covering state government and politics in the state of Alabama. Through daily coverage and investigative journalism, The Reflector covers decision makers in Montgomery; the issues affecting Alabamians, and potential ways to move our state forward.

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

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Tennessee

Tennessee: Anti-LGBTQ parents can now foster, adopt LGBTQ kids

Advocates have pushed back to say that plain language of the law does not require the state to take into account the child’s own wishes

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Jace Wilder, education manager of the Tennessee Equality Project, says the new law “puts kids at risk of being abused, neglected and harmed again.” (Photo: John Partipilo)

By Anita Wadhwani | NASHVILLE, Tenn. – With Gov. Bill Lee’s signature, Tennessee last week became the first state in the nation to establish the right of adults who claim moral or religious objections to LGBTQ identity to foster and adopt LGBTQ kids.

In the days since the law became effective, the Department of Children’s Services (DCS) has shelved a 10-year-old policy that said children in state custody must receive care that “promotes dignity and respect for all children/youth and families inclusive of their gender identity, gender expression and sexual orientation.”

That policy is now “under review and will be updated on the web site once the review is complete,” DCS spokesperson Ashley Zarach said. New guidelines for how the state will navigate foster kids’ sexual orientation and gender identity in deciding where to place them are expected to be hashed out in the coming months.

The law’s passage has raised alarms among advocates for LGBTQ youth in Tennessee and elsewhere, who say it upends a central principle of child welfare systems: prioritizing the best interest of a child.

Instead, they say, the law gives gives greater weight to a prospective parent’s religious and moral beliefs over the need of a child for a loving, safe and supportive home.

“What’s really sad about this is there’s a really high volume of LGBTQ+ kids in the foster system whose needs aren’t being met now,” said Molly Quinn, executive director of OUTMemphis. Among the LGBTQ nonprofit’s programs is one that aids 18- to 24-year-old LGBTQ youth facing homelessness, many of whom are former foster kids who faced a tough time in the child welfare system.

“The fact that the state would accept a family that is willing to discriminate into this broken system with such vulnerable kids is difficult to understand,” she said.

Best interests of the child?

The law, formally called the Tennessee Foster and Adoptive Parent Protection Act, was backed overwhelmingly by Tennessee Republican lawmakers, who two years ago also approved a first-of-its-kind law allowing private adoption and foster care agencies that accept tax dollars to reject prospective parents for a variety of religious or moral reasons, including their faith or whether they are LGBTQ.

In advocating for this year’s bill, Dickson Republican Rep. Mary Littleton characterized it as a necessary safeguard for families who want to offer loving homes to foster and adoptive kids but worry that they would have to compromise their faith or moral beliefs. Littleton also cited an urgent need for more willing families to step forward. Tennessee currently has 4,948 fully approved foster homes, but needs 400 more.

At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this. This puts emphasis on beliefs of foster and adoptive parents.” – Laura Brennan, Family Equity

Littleton stressed that the new law says DCS is not precluded from taking a child’s preferences into account before placing them in a home.

“This bill does not disregard the values and beliefs of the child,” Littleton said, noting state child welfare officials can still take into account “a comprehensive list of factors.” before placing any child in any home.

Advocates have pushed back to say that plain language of the law does not require the state to take into account the child’s own wishes.

They also criticized what they call a mischaracterization by the law’s supporters that prospective foster and adoptive parents in Tennessee have been rejected for holding anti-LGBTQ beliefs.

Parents in Tennessee have not been required to be gender- or sexual-orientation-affirming as a condition of becoming approved as a foster or adoptive parent. They have, however, been required to promote dignity and respect of a child’s identity if they take an LGBTQ kid in their home — until now.

DCS: parents preferences already taken into account

According to the Department of Children’s Services,  prospective parents’ “preferences” have routinely been taken into account before a child is placed in a home, a spokesperson for the Department of Children’s Services said in a statement.

“Prior to this legislation, the DCS home study process included asking prospective foster and adoptive parents a series of questions to identify their placement preferences,” a statement from DCS said.

“Among those are questions regarding willingness to parent a child who identifies as LGBTQ+. Our goal always is to find the most appropriate placement to meet the unique needs of each child in our care,” the statement said.

Tennessee currently has 8,854 kids in state custody — 6,686 of them residing in foster homes. Up to a third of all foster youth nationwide identify as LBGTQ — often kicked out of home or winding up in state custody as a result of mistreatment or rejection based on their gender identity, according to the U.S. Department of Health and Human Services.

Jace Wilder, education manager Tennessee Equality Project, an LGBTQ+ advocacy organization that has vocally opposed the law, pointed to his own tough childhood as an example of the importance of supportive adults in a child’s life.

Wilder, who is transgender, was raised, in part, by a friend’s parents after suffering abuse at the hands of his father, he said. His mother was disabled and frequently hospitalized.

Wilder said the abuse wasn’t solely because of his gender identity, but “it kind of gave him more ammo to use against me, so that did not help.” He was also able to connect with LGBTQ people for support in his teens and college years, he said.

“Without finding people that accepted me and really helped me grow, I think I would have been stuck in the position of being too afraid to transition, too afraid of being out.” he said. “I think this puts kids at risk of being abused, neglected and harmed again.”

The nature of discourse over LGBTQ youth in Tennessee already exemplifies the need for safe and affirming homes, said Eli Givens, a college freshman from Tennessee who also serves as an advocate for the Tennessee Equality Project.

“It’s been just really unbelievable watching this session,” Givens said. “I’ve had adults telling me I need to go gas myself, that I was clearly molested when I was younger, just a wide array of threats,” they said.

“It’s bewildering that the same adults who told me to gas myself can adopt an LGBTQ child. That’s an extremely scary reality.”

Tennessee AG pushes back on proposed federal LGBTQ foster protections

The law was enacted on the heels of proposed new rules currently being considered by the U.S. The Department of Health and Human Services related to the placement of LGBTQI+ youth in foster care. Among the proposed rules for all foster homes is they “establish an environment free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status.”

In November, Tennessee Attorney General Jonathan Skrmetti led a 17-state coalition opposing the rules, saying in a letter to the federal government that they would shrink the pool of available foster families and “further divert resources away from protecting foster children from physical abuse and toward enforcing compliance with controversial gender ideology.”

Laura Brennan, associate director for child welfare policy for Family Equality, which advocates for LGBTQ families, said national advocates are keeping a close eye on what’s happening in Tennessee. The state’s 2022 law allowing publicly-funded private adoption and foster care agencies to exclude LGBTQ parents has seen been adopted by 13 other states, she said.

“At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this,” she said. “This puts emphasis on beliefs of foster and adoptive parents.”

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Anita Wadhwani

Anita Wadhwani is a senior reporter for the Tennessee Lookout. The Tennessee AP Broadcasters and Media (TAPME) named her Journalist of the Year in 2019 as well as giving her the Malcolm Law Award for Investigative Journalism. Wadhwani is formerly an investigative reporter with The Tennessean who focused on the impact of public policies on the people and places across Tennessee.

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The preceding piece was previously published by the Tennessee Lookout and is republished with permission.

Now more than ever, tough and fair journalism is important. The Tennessee Lookout is your watchdog, telling the stories of politics and policy that affect the people of the Volunteer State.

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

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Pennsylvania

Kenyatta may become first LGBTQ statewide elected official in Pa.

Penn. state Rep. Malcolm Kenyatta, who is running for auditor general is an active surrogate in the Biden-Harris 2024 reelection campaign

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

PHILADELPHIA County, Penn. — Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

Biden announces action plan targeting pollutants in drinking water

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

WASHINGTON — Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history – and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change – including the LGBTQI+ community – and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine’s Governor Mills signs trans & abortion sanctuary bill into law

Despite a series of bomb threats against legislators in the state, Gov. Janet Mills has signed a trans & abortion sanctuary bill

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Maine Governor Janet T. Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo Credit: Office of the Governor)

By Erin Reed | AUGUSTA, Maine – On Tuesday, Gov. Janet Mills of Maine signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect transgender and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of transgender healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on transgender patients who traveled to obtain care. According to the United States Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states… opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the Attorney General of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on transgender care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Riley Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of EqualityMaine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Governor Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40% of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing transgender people and those seeking abortions with protections as the fight increasingly crosses state lines.

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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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State Department

State Department releases 2023 human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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WASHINGTON — Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ+ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ+ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ+ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ+ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ+ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ+ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Florida

Gov. DeSantis denounces ‘weaponization’ of book challenges

‘They’re going to be holding many teachers accountable,’ he said signing a bill restricting nonparents to 1 book challenge per month

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“Gender Queer,” a graphic memoir by Maia Kobabe, was the most challenged book in America in 2022, according to the American Library Association. (Photo by New Jersey Monitor)

By Michael Moline | TALLAHASSEE, Fla. – The DeSantis administration plans to punish teachers and principals deemed to be exploiting public school book challenges to, in the governor’s view, “weaponize” Florida’s parental rights laws.

DeSantis leveled that charge Monday during a news conference in Pensacola. On Tuesday, he raised it again during a second news conference in Jacksonville, where he signed legislation restricting nonparents to one book challenge per month.

The challenges come under state law allowing anyone to complain about the content of classroom materials they deem objectionable or pornographic. The laws require removal of challenged books pending reviews that can take considerable time. DeSantis began trying to tone down the situation in February, in advance of the 2024 legislative session.

 Gov. Ron DeSantis addresses a news conference on April 16, 2024, in Jacksonville. Source: Screenshot/DeSantis Facebook

“Manny, in the Department of Education, they’re going to be holding many principals or teachers accountable who are weaponizing this,” DeSantis said Tuesday, referring to Education Commissioner Manny Diaz Jr.

DeSantis cited Sarasota County teachers who “papered over every book in the classroom, saying, ‘Oh! You can’t have books! The state’s not letting me show you books! That’s a lie. That’s not true. That’s performative.

“And so, that’s somebody who’s entrusted to teach kids putting their political agenda over the best interests of the students’ education and their access to learning. That’s wrong; that’s not going to stand in the state of Florida. So, we don’t have time for your activism; we don’t have time for your nonsense. We have a process in place to empower parents,” the governor said.

Teachers told the Sarasota Herald Tribune in January 2023 that they feared prosecution if they put students in contact with unvetted books.

The Phoenix asked the administration for an explanation of any investigations launched or punishment inflicted on school employees but hasn’t heard back yet.

Rebuttal

Florida Education Association President Andrew Spar issued a rebuttal in the form of a written statement.

“It’s important to remember that Gov. DeSantis’ full throated support is the reason why fringe groups who do not represent the majority of Floridians and often do not have students in the classroom have felt so comfortable removing books off shelves and making Florida the leader in the nation on book banning,” Spar said.

 Andrew Spar, president, Florida Education Association. Credit: FEA

“This rule does nothing to fix the vague language that caused the issue in the first place, no matter how much the Governor and Commissioner Manny Diaz try to shift blame. Schools, teachers, and media specialists have long been asking for guidance on this issue and once again, instead of providing students what they need, Florida’s elected and appointed officials decide to play the blame game instead of taking responsibility,” Spar continued.

The American Library Association has reported that the bulk of the book challenges nationally come from conservatives.

“Recent censorship data are evidence of a growing, well-organized, conservative political movement, the goals of which include removing books about race, history, gender identity, sexuality, and reproductive health from America’s public and school libraries that do not meet their approval,” the association says in a written statement on its website.

“Using social media and other channels, these groups distribute book lists to their local chapters and individual adherents, who then utilize the lists to initiate a mass challenge that can empty the shelves of a library,” the association continues.

Florida saw 2,672 titles challenged during 2023, it says.

Meanwhile, PEN America recorded 1,406 book ban cases in Florida during the 2022-2023 school year, which accounted for 40% of the national total.

One challenge per customer

The new law (HB 1285) restricts challenges by people without children in a school district to one per month, while parents and guardians remain free to issue unlimited challenges.

 Florida Education Commissioner Manny Diaz Jr. Credit: Florida Department of Education

That would still allow 12 challenges by nonparents per year, Diaz observed during Tuesday’s news conference. However, “Anyone who creates a cottage industry of going around the state and just creating challenges just to gunk up the system and put schools in arrears as far as reviewing these books, that person won’t be able to do it anymore,” Diaz said.

DeSantis complained that the news media have inflated challenges against classic books and biographies of important Americans while playing down other materials, including LGBTQ content, that he considers unsuitable for young kids or even pornographic.

“They’ve said, ‘Oh, you know, you’re not having Rosa Parks’ — and yet that’s on the summer reading list. Things about Hank Aaron, a book of the month from the Department of Education. So that’s clearly a bad-faith challenge, just trying to create a narrative,” DeSantis said.

“Some of those bad-faith actions have been done from people within the school system who are doing that to try to create a narrative. So, Manny will be able to hold those folks accountable because clearly there’s nothing in Florida law that would tell you to do that,” he continued.

Spar observed: “What Gov. DeSantis and Commissioner Manny Diaz always seem to forget when they attack public schools is that they have failed public schools through their punitive policies that have worsened the teacher and staff shortage and kept teacher and staff pay low. It is clear their political agenda is more important than the needs of Florida’s students.”

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Michael Moline

Michael Moline has covered politics and the legal system for more than 30 years. He is a former managing editor of the San Francisco Daily Journal and former assistant managing editor of The National Law Journal.

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The preceding article was previously published by the Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

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

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Louisiana

Louisiana’s Superintendent of Education decries new Title IX rules

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females”

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Superintendent of Education Cade Brumley being interviewed on WVLA-TV NBC 33 local news. (Screenshot/YouTube WVLA)

BATON ROUGE, La. – In a letter sent out Monday to all Louisiana school districts, state Superintendent of Education Cade Brumley warned that administrators should not comply with new federal rules that extend civil rights protections to LGBTQ+ students.

The Biden-Harris administration’s revised final rule of Title IX policy protects LGBTQ+ students from discrimination and other abuse was issued by the U.S. Department of Education last Friday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

In his letter, reported by NOLA.com/The Advocate, Brumley said the federal rules, which take effect Aug. 1, would force schools to allow transgender girls to use girls’ restrooms and locker rooms. He also said the rules would compel teachers to call students by their preferred names and pronouns — a requirement that would appear to conflict with a bill in the Louisiana Legislature to protect teachers who refuse to refer to students by pronouns that don’t match their sex assigned at birth.

Related

Brumley said he believes the rules would also conflict would a 2022 state law that bans transgender girls and women from participating on female sports teams at the K-12 school or college level, NOLA.com/The Advocate reported.

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females,” he wrote in the April 22 letter.

Restating his “staunch opposition” to the federal rules, Brumley said “it remains my position that schools should not alter policies or procedures at this time.”

Jennifer Klein, the director of the White House Gender Policy Council, said during a call with reporters Thursday that the administration sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

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North Carolina

Raleigh N.C. Moms for Liberty panel touts anti-LGBTQ+ agenda 

Panelists argued that public schools are trying to undermine parental rights and advocate for Critical Race Theory and “gender ideology”

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Panelists at Wednesday’s Moms for Liberty in Raleigh – Photo: Ahmed Jallow

By Ahmed Jallow | RALEIGH, N.C. – At a town hall meeting in Raleigh on Wednesday night sponsored by the organization Moms for Liberty, national and local leaders of the conservative group blamed unsafe schools, among other reasons, as the cause for North Carolina teachers leaving the profession, rather than low pay.

Roughly 50 people attended the event, which featured the group’s co-founder Tiffany Justice and panelists, including local Moms for Liberty organizers and supporters. The North Carolina Republican Party’s nominee for Superintendent of Public Instruction, Michele Morrow attended the event but did not speak.

Moms for Liberty was founded in Florida in 2021 and gained prominence for its opposition to COVID-19 school closures and mask mandates.

It is now a national organization with chapters in 48 states, including 20 in North Carolina. The group has shifted its focus to curriculum content and calls for limitations on discussions of gender, sexuality, and DEI in schools. The group also calls for the removal of books they believe are inappropriate for certain age groups.

On Wednesday, former Union County Education Board Chair Melissa Merrell was hailed for her resistance to state officials’ efforts aimed at curbing the spread of COVID-19 in 2021. The school board’s decision in 2021 to do away with quarantines and contact tracing for students exposed to COVID-19 sparked controversy.

Merrell served on the school board from 2014 to 2022.  

Merrell, who is now a Union County commissioner, claimed that new teachers replacing those lost to retirement and other factors are “indoctrinated” and that her county is being targeted. “The ones that are coming in have certainly been indoctrinated in their universities and their internships,” she said. “I truly believe that Union County has a target, that there is an agenda to change Union County. And so, they are moving in in mass droves.”

Mary Summa of the conservative NC Values Coalition credits State Rep. Tricia Cotham’s switch to the Republican Party as a turning point. “She saw the light and became a Republican,” Summa said. “It changed the game for us because we had an agenda that included a Pro-life bill, the Save Women’s sports bill which we tried for several years to get passed.”

Restorative justice practices prioritize making amends over punishment, but Moms of Liberty see this as one of the reasons for the rise in school violence. “What we’ve seen in schools across the United States and in North Carolina are programs and practices like restorative justice, which means kids aren’t being held accountable for their for their actions, there is no consequence for this type of behavior,” said Justice.

She cited a recent incident caught on social media at a Forsyth County high school. A student has been charged with misdemeanor assault and is facing expulsion after allegedly slapping a teacher in the face twice, according to the Winston-Salem Journal.

Throughout the discussion, panelists argued that public schools are trying to undermine parental rights and advocate for Critical Race Theory and “gender ideology.” Speakers called for schools to stop working with outside groups, such as educational nonprofits and health organizations.

“Our children are being taught to hate America, to hate the Christian values and the principles of liberty that America was founded upon …” said Abigail Prado, chair of Moms for Liberty’s Union County chapter. “Our children are not being educated. They are being indoctrinated.”

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Ahmed Jallow

Reporter Ahmed Jallow covers education as well as politics and elections

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The preceding article was previously published by the NC Newsline and is republished with permission.

NC Newsline is a Raleigh-based nonpartisan, nonprofit newsroom dedicated to fearless reporting and hard-hitting commentary that shines a light on injustice, holds public officials accountable, and helps improve the quality of life throughout North Carolina.

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

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Texas

Texas Governor Abbott: “We Want To End” trans teachers

Abbott announced in a keynote speech to the Young Conservatives of Texas an intention to “end” trans and GNC teachers being able to teach

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Texas Gov. Greg Abbott addresses Young Conservatives of Texas convention in Dallas Saturday April 20. (Photo Credit: YCT/Twittwr)

By Erin Reed | DALLAS, Texas – During a session at the 2024 Young Conservatives of Texas Convention held at the Hilton Anatole in Dallas this weekend, Gov. Greg Abbott stated that trans and gender nonconforming (GNC) teachers must be “ended” in the state. 

This statement follows crackdowns on transgender teachers in various Republican-controlled states in the United States. Book bans“Don’t Say Gay” legislation, and anti-drag laws have increasingly been weaponized against all transgender and GNC individuals, especially within educational settings. In Texas, many of these laws have been blocked due to being likely unconstitutional; however, this has not prevented the governor from making one of his strongest statements yet in support of overt discrimination toward transgender people.

The statement, first reported by journalist Steven Monacelli, addresses a teacher in a small town in Texas. Abbott, who repeatedly refers to the teacher as a “man dressed as a woman,” states that the teacher’s mere presence “normalizes the concept” of being transgender or GNC—a concept Gov. Abbott then asserts the state should try to prohibit. He states, “This kind of behavior is something we need to end in the state of Texas.”

Abbott said:

Up the street from where we are right now is Lewisville, Texas. In Lewisville, Texas, in the high school, recently, as in just a month ago, they had a high school teacher who was a man who would go to school dressed as a woman in a dress, high heels, and makeup. Now, what do you think is going through the mind of the students that’s in that classroom? Are they focusing on the subject that this person is trying to teach? I don’t know. What I do know are these two things. One is this person, a man, dressing as a woman, in a public high school in the state of Texas, he’s trying to normalize the concept that this type of behavior is okay. This type of behavior is not okay. And this is the type of behavior that we wanna make sure we end in the state of Texas.”

Within hours, multiple GOP officials in Texas signed onto Abbott’s call to ban trans and GNC teachers from teaching. These include Texas GOP Chair Matt Rinaldi and multiple Texas State legislators and candidates such as Briscoe Cain and Brent Money. Their reaction to Abbott’s comments are in line with the Texas GOP platform passed in 2022 that call extensive restrictions on trans and GNC individuals in schools.

It is important to note that federal law prohibits discrimination against LGBTQ+ people in the workplace. A Supreme Court decision, Bostock vs. Clayton County, specifically stated that Title VII protections around nondiscrimination in the workplace apply to trans and GNC people. That court decision is currently being used to overturn anti-trans laws in Title IX cases in schools as well as bathroom banssports bans, and more.

Recent efforts have targeted transgender and gender-nonconforming individuals within state school systems. For example, Florida’s “Don’t Say Gay” legislation was recently extended to apply to transgender teachers who share pronouns or use titles different from their sex assigned at birth. This law forced a transgender female teacher to go by Mr. and use he/him pronouns in the classroom or face termination. Similarly, a nonbinary teacher was banned from using the title Mx. in school.

A recent case in the 11th Circuit Court of Appeals, however, blocked that Florida law as likely in violation of the First Amendment. Like Governor Abbott, attorneys for the state of Florida argued that transgender teachers in the classroom were a “distraction” to students and that a trans woman teacher was harming her students’ education with her mere existence and expression of her identity. The judge, however, struck down this notion, noting that the trans woman teacher had higher test scores than the district average.

It remains to be seen whether Gov. Abbott and the Republican Party of Texas will lean into anti-trans politics going into the 2024 elections. The willingness of some influential Texas Republicans to endorse Gov. Abbott’s position in the video suggests that they might. If so, there is evidence that this could harm candidates who are in tight races in the state and espouse such positions. For instance, in 2023, candidates running on anti-trans issues experienced significant defeats nationwide, including the defeat of 70% of all Moms For Liberty candidates in school boards.

Regardless of electoral consequences, the state has become harsher for transgender people in recent years. Attorney General Ken Paxton has continued to subpoena medical records of transgender individuals who cross state lines to obtain care. He has also attempted to obtain lists of PFLAG members, including addresses and phone numbers.

Abbott has not been much better: under his leadership, transgender families across the state were investigated under the premise that providing medical care for their transgender youth amounted to child abuse. This latest statement from Gov. Abbott shows an intent to continue weaponizing state powers against transgender and gender-nonconforming people in Texas.

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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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