By Erin Reed | SALT LAKE CITY, Utah – On Wednesday evening last week, the Utah Public Auditor released a form allowing cisgender people to report transgender people in bathrooms. This was done in response to a law passed earlier this year banning transgender people from bathrooms and changing rooms in various circumstances.

Within a couple of days, the form was flooded with over 4,000 meme submissions, leading to a flurry of news articles critical of the approach to enforcing anti-transgender bathroom legislation. Now, the Utah Public Auditor is responding to the critiques by deferring blame onto the state legislature for making his office the “bathroom monitor,” a role he says he never asked for.

In a statement released today, Utah State Auditor John Dougall called the passage of the bill rushed and stated his office was never consulted during the process of passing the law: “The Office created the complaint form to comply with a statutory mandate – a role we did not request. Indeed, no auditor sets out to become a bathroom monitor. Unfortunately, neither Rep. Birkeland, nor any other legislator consulted with this Office regarding this newly mandated obligation placed on the Office under this bill. Like many in the public, we learned about our role under this bill shortly before the bill was rushed to final passage.”

You can view the full statement here:

The statement is in response to widespread criticism and outcry over the use of the form to target transgender people. The form included a section where people could upload images, among other things, to support their allegations.

This led to fears that the form would encourage members of the public to act as vigilante bathroom police, taking pictures of people they thought were transgender in private bathroom spaces.

This was a criticism shared by Senator Jennifer Plumb, a vocal critic of the legislation, who posted shortly after its release, stating, “Apparently Utah’s solution to people feeling unsafe in restrooms is to encourage folks to take photos of & focus extreme attention on the private parts of others who are taking care of a biological need to eliminate waste?”

The form was quickly recognized as a threat to transgender people, and in response, thousands of people flooded the tip line with frivolous complaints and memes, over 4,000 in all. Memes sent to the form included the yelling cat meme, Godzilla with trans pride flags, the entire script to the Bee Movie, and more.

In a separate twist, private data such as images from those who submitted forms was leaked through an open database, which allowed some of these meme submissions to be publicly viewable for a short time.

The ordeal over the bathroom reporting tool in Utah mirrors problems seen in many other anti-trans bathroom laws targeting transgender adults. These laws are extremely difficult to enforce. Questions of enforcement were brought up often in the debate, with many pointing out that you can’t always tell who is transgender.

This sentiment was shared in the Senate Business and Labor Committee by Dustin Parmley, a public defender, who stated, “This bill is impossible to enforce. It relies on citizens to determine if someone is feminine or masculine enough to use it. The exceptions are for hidden conditions, such as someone’s surgery or birth certificate. It will lead to unnecessary police investigations.”

It remains to be seen what the future of the form looks like. Already, the option to submit a picture has been removed. There is no indication that any actionable complaints have been submitted.

Other attempts to create such forms have similarly failed, such as in Virginia, where Governor Glenn Youngkin’s tip line was flooded with complaints about Beowulf, or in Missouri, where scripts for the Bee Movie were sent in.

In this case, it appears that when faced with problems enforcing anti-trans laws, the state of Utah attempted to sidestep the issue by abdicating the responsibility of enforcement to its citizens. In its “rush” to pass the legislation, those who pointed out that such a bill would create “bathroom police” appear to have been proven correct.

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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.

By Jackie Llanos | TALLAHASSEE, Fla. – Republican State Attorney General Ashley Moody filed a lawsuit Monday against new Biden administration regulations defending access to common medical treatments for transgender and gender non-conforming people.

The regulations that the Department of Health and Human Services (HHS) issued Monday state that blanket exclusions in services that single out transgender people are “presumptively discriminatory on the basis of sex.” Those guidelines for sex-based discrimination also encompass gender identity, according to the regulations.

The agency crafted specific provisions related to gender-affirming care “given the widespread discriminatory denial of care for such services and its direct connection to an individual’s transgender status.”

While the federal regulations are set to go into effect on July 5, Moody is asking the U.S. District Court of the Middle District of Florida in Tampa to throw out the rules, which seemingly go against the state’s ban on gender-affirming care, such as puberty blockers, for minors and the restrictions for what kind of providers can treat trans adults seeking treatment for gender dysphoria.

For the duration of the case, Moody requested that the court issue a temporary injunction exempting Florida agencies from enforcing the rules.

Florida’s gender-affirming care landscape

“Florida passed a law to protect our children from dangerous, irreversible gender-transition drugs and surgeries,” Moody wrote in a Tuesday press release. “Now, Biden and his federal bureaucrats are trying to go around our child-protection law to force the state to pay for puberty blockers and gender-transition surgery for children. These rules trample states’ power to protect their own citizens and we will not stand by as Biden tries, yet again, to use the force of the federal government to unlawfully stifle Florida’s effort to protect children.”

However, the regulations from the federal agencies don’t state that a healthcare provider would have to give gender-affirming care to a trans patient. Instead, it states that providers should determine treatment on a case-by-case basis.

“Nothing in this rule impedes covered entities from taking nondiscriminatory actions based on current medical standards and evidence, such as making decisions about the timing or type of protocols appropriate for care. The rule does not (and cannot) require a specific standard of care or course of treatment for any individual, minor or adult,” the rules state.

But Florida’s ban on gender-affirming care for minors and the restrictions for adults are also wrapped up in a legal challenge in a federal court in Tallahassee. The trial for the case brought by transgender children, their parents and transgender adults took place in December but the judge has yet to rule.

Equality Florida, an LGBTQ+ advocacy group, condemned the lawsuit in a statement to Florida Phoenix.

“DeSantis and Attorney General Moody’s lawsuit is another taxpayer-funded distraction so Floridians won’t notice that their insurance rates continue to skyrocket as Florida has the highest rate of inflation in the country and the lowest rate of teacher pay,” the group wrote. “Everyone deserves respect and the freedom to seek best-practice healthcare, but our Governor is hellbent on denigrating transgender Floridians and overruling parents’ ability to obtain essential care for their transgender child.”

Complaint arguments

Moody filed the 84-page complaint — with dozens of additional exhibits and other documents — on behalf of the state of Florida, Florida Agency for Health Care Administration, the Florida Department of Management Services and the Catholic Medical Association and its director Mario Dickerson.

The defendants were listed as: Department of Health and Human Services; Xavier Becerra, in his official capacity as Secretary of the Department of Health and Human Services; Melanie Fontes Rainer, in her official capacity as the Director of the Office for Civil Rights; Centers for Medicare and Medicaid Services; Chiquita Brooks-Lasure, in her official capacity as Administrator of the Centers for Medicare and Medicaid.

In the complaint, she argues that the Centers for Medicare and Medicaid Services and the Office for Civil Rights (OCR) of the Department of Health and Human Services violated the Administrative Procedure Act and the Spending Clause because the agencies didn’t have the power to change the definition of sex-based discrimination and tie federal funding based on states’ compliance with those rules.

“Under the OCR Rules, Florida now faces the untenable choice of surrendering its power to protect the health and safety of Floridians or losing billions of dollars in federal funding without adequate notice that this would be part of the bargain,” Moody wrote in the complaint.

The lawsuit also includes arguments that the regulations would violate the Catholic Medical Association (CMA) members’ freedom of religion and speech.

“CMA and its members hold the position that gender-transition procedures are unethical and dangerous. Providing, facilitating, referring for, or endorsing gender-transition efforts violates their medical views, their core religious beliefs, and their oath to ‘do no harm,’” Moody wrote in the lawsuit. “CMA’s members have medical and ethical positions contrary to the 2024 Rules’ requirements, and they also have overlapping religious objections. It is within CMA’s advocacy mission to advocate and litigate for its members’ right to the conscientious and faithful practice of medicine.”

Just last month, Moody joined other states in challenging new Biden administration rules protecting transgender people from discrimination in schools, colleges, and universities.

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Jackie is a recent graduate of the University of Richmond. She has interned at Nashville Public Radio, Virginia Public Media and Virginia Mercury.

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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.

LAS VEGAS, Nev. – A man currently on parole for a habitual criminal offense has been charged by Clark County, Nevada prosecutors for an April 25 incident for shooting at his neighbors while using homophobic slurs.

CBS affiliate KLAS-TV 8 News reported that Larry Walraven, 75, faces a charge of assault with a deadly weapon with a hate crime enhancement, according to the court documents filed this week.

In the court filings it was stated that on April 25, Walraven allegedly shot at his neighbor “due to their sexual orientation.” A Las Vegas Metropolitan Police Department spokesperson said that in the initial 911 call, the victim said he was standing outside when Walraven “provided a black, revolver handgun and pointed it at [him]. After Walraven pointed the handgun, he fired four rounds at [the victim] with none of the rounds making contact with [him].”

After allegedly firing the weapon, Walraven reportedly said, “I’m going to kill you fucking faggots,” using a homophobic slur.

Metro officers seized a BB-gun when they arrested Walraven. A preliminary hearing in this case was scheduled for May 15. Because of a parole violation, he will remain in custody without bail.

By Nuria Martinez-Keel | OKLAHOMA CITY, Okla. – Oklahoma’s attorney general and state Department of Education are both suing the Biden administration over new Title IX rules protecting gender identity in schools.

Attorney General Gentner Drummond and the state agency each announced Monday they filed lawsuits against the U.S. Department of Education in Oklahoma City federal court. The cases were filed separately, but both asked that a U.S. district judge block the new regulations from taking effect.

The federal government released new legally binding Title IX rules on April 19 that include treatment based on gender identity within the scope of sex discrimination, among many other changes. The U.S. Department of Education declined to comment on pending litigation.

Multiple Republican attorneys general have filed legal challenges to the rules, specifically over the gender identity protections.

State Superintendent Ryan Walters said his agency is the first state education department to sue over the regulations.

“Title IX was designed to ensure women had the guarantee of sex equality in education and an environment free from discrimination, but this rewriting – rooted in radical gender theory that ignores biological reality – has set back the cause of civil rights for women by generations,” Walters said in a statement Monday. “I will do everything possible to protect the essential and fundamental right of women and girls to have safe spaces of their own to compete, change clothes, and use the bathroom.”

Walters has been a frequent opponent of schools making accommodations for transgender students’ identities. He advocated for an Oklahoma law that requires school bathrooms to be used according to a person’s birth sex, and he established a new rule that prevents a student’s gender to be changed retroactively on prior school records.

The state also has outlawed transgender girls from participating in women’s sports.

Drummond said the new rules are unconstitutional and will conflict with state law. The set of Title IX regulations “jeopardizes the equal opportunity that has been afforded to female athletes ever since the establishment of the statute,” his lawsuit states.

The new rules do not take a stance on athletic eligibility, though they could apply to other school policies, such as restroom use.

Walters already asked Oklahoma school districts to disregard the regulations.

However, the federal Department of Education has said the rules are mandatory for schools to continue receiving federal education funding, which amount to hundreds of millions of dollars for Oklahoma districts.

“As a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations and we look forward to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience,” the federal agency said in a statement last month.

Editor’s note: This story has been updated to include a response from the U.S. Department of Education. The federal agency declined to comment on pending lawsuits.

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Nuria Martinez-Keel covers education for Oklahoma Voice. She worked in newspapers for six years, more than four of which she spent at The Oklahoman covering education and courts. Nuria is an Oklahoma State University graduate.

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

Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process.

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

By Erin Reed | JACKSON, Miss. – Mississippi’s legislature passed a transgender bathroom ban that applies to all college campuses in the state. News of the bill’s passage came just after it appeared the bill had failed to meet deadlines, but Republicans voted to suspend the rules in order to pass it.

The bill bans transgender people from using bathrooms and changing rooms that match their gender identity on college campuses, and even allows cisgender people to sue transgender people who are found in bathrooms forbidden by the law. The bill now heads to the Governor’s desk, who is likely to sign it into law.

The bill is Senate Bill 2753, and it applies to all “public education buildings,” which include public schools and colleges, and any facilities owned or operated by them. It also applies to fraternities and sororities, which may have been included after a transgender girl won the right to stay in her sorority in Wyoming. It specifies that even dormitories must discriminate against transgender people in “single-sex educational housing spaces.”

Lastly, it offers a “private right of action” that appears to be targeted at transgender people, allowing cisgender people to sue to prevent transgender people from using bathrooms aligned with their gender identity, according to local news.

You can see the provision here:

This portion of the bill was a significant source of controversy during debate. Earlier versions of the bill explicitly allowed lawsuits for “compensatory damages,” although that provision was removed in the final conference committee for the bill. In its place is a scaled-down version of the private enforcement provisions, which leaves the question of enforcement uncertain when it comes to targeting transgender people individually. The bill also allows the state Attorney General of Mississippi to enforce the law against educational institutions.

Over the last year, more bathroom bans targeting transgender people have been enacted following Florida’s bathroom ban, which remains the harshest in the nation with criminal penalties of up to one year in jail. Kansas, North Dakota, and Utah also have bathroom bans. Utah’s ban targets all government buildings, including the airport, with enforcement depending on allegations of behavior that “causes affront or alarm.” In Kansas and North Dakota, there is no enforcement mechanism. Other states are also considering bathroom bans, such as Ohio, which has slowly progressed a bill similar to Mississippi’s higher education bathroom ban.

Mississippi has consistently been one of the harshest states toward transgender people. The state has already passed a gender-affirming care ban for transgender youth and a sports ban. Last year, students at one school in Mississippi were forced to wear clothing of their assigned sex at birth for graduation, resulting in both a transgender girl and a cisgender nonconforming girl being barred from walking at their own graduation after a judge sided with the school. This bill will only increase the danger for transgender residents and those who travel through the state.

Although the bill likely runs afoul of Title IX protections, Mississippi is among the states suing the federal government for the right to discriminate against trans people.

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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.

ARLINGTON, Va. – Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a “Love Fest” Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddie’s Beach Bar and Restaurant.

Local drag performer Tara Hoot, who read children’s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Men’s Chorus of Washington, which sang several songs before Hoot began reading from children’s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.

The May 4 event at Freddie’s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddie’s was delayed by a bomb threat, forcing those who had arrived  to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.

All the customers, including parents and their kids, were invited back inside and the show took place as planned.

No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddie’s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an “abomination.”

The three protesters were outnumbered by nearly a dozen counter protesters who were  members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.

Freddie Lutz, Freddie’s Beach Bar owner, called the event a “smashing success” that brought an “outpouring of love from the community.” Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”

“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.

Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddie’s.

“I went out back and tried to talk to one of them and it was kind of like talking to a brick wall,” Lutz told the Washington Blade. “He was screaming at the parents that were crossing their kids on the crosswalk,” Lutz said. “And I said, you’re screaming at those kids, you’re scaring them.”

Lutz said the man told him he was yelling at the parents, not the kids. “And I said, no you’re not. The kids are hearing you. You’re scaring them.”

Added Lutz, “And to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. It’s really sad. I told him my God is a forgiving and loving God.”

One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ. 

“We want them to know this is an abomination to the Lord,” he told the Blade. “We want them to know those children don’t have a voice and they’re being brainwashed in there. We’re here to call out their sin.”

Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.

“I brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,” she said. “And I think it’s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,” she told the Blade.

“So that’s why I brought her,” Krenrich said. “I think that it’s really important that we stand up for our values and people just being themselves, being happy and being them.”

Among those who attended the event were four elected officials from Arlington – Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church State’s Attorney Parisa Dehgani-Tafti.

Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.

“It was fantastic to see so many people come out to support Freddie’s, to support the LGBTQ+ community,” McBeth said. “It was a great event and we’re happy to be a part of it.”

Related:

By Jerod MacDonald-Evoy | PHOENIX, Ariz. – A Glendale Republican lawmaker who was present for the violence at the U.S. Capitol on Jan. 6 and is facing criminal charges for being a fake elector used legislative video equipment to appear on a far-right talk show this week with a host who has declared Adolf Hitler a “hero.” 

On May 1, Sen. Anthony Kern appeared on the Stew Peters show to discuss a Drag Story Hour that was hosted the day before in a basement meeting room in the Arizona House of Representatives. Kern joined the show live on video from the state Senate, which has a video broadcast studio.

The April 30 drag event in the House was hosted by Rep. Lorena Austin, D-Mesa, the nation’s first nonbinary Chicane legislator. When Republicans, who have spent the last several years crusading against drag and the LGBTQ community, learned about the event, it sparked an outcry. 

Kern was the first to post about the event, and he specifically called out his GOP primary opponent for Arizona’s Eighth Congressional District, House Speaker Ben Toma, for allowing the event to take place. 

On Peters’ show, Kern said he thought taxpayers would be outraged at the event for legislators and their staff.

“I said, ‘Hey, Arizona, this is where your tax dollars are going,’” Kern told Peters, appearing from the broadcast filming room on the Senate’s first floor used by lawmakers on both sides of the aisle to film videos. 

Peters, a conspiracy theorist, has been increasingly showcasing antisemitism on his social media profiles and on his show. In promotional material, Peters has praised the mass book burning conducted by the Nazis in the lead up to World War II. 

“They did exactly what reasonable people would do if given the opportunity,” Peters said of the Nazi book burnings. The video featured a montage of antisemitic propaganda created by Nazi Germany. 

Peters praised Kern and made the false claim that the drag event in the House included children, calling the drag king that spoke to the small group Tuesday a “mentally ill satanic pedophile.” The event did not include children and Kern did not push back on any of Peters’ claims. 

Peters attacked Toma, implying that the lawmaker could be a “pedohile” or a “groomer,” a term used frequently by anti-LGBTQ extremists to attack the LGBTQ community. The attention from conservative activists towards drag story hours has led to physical attacks on members of that community as well as other threats of violence.  

“Is Ben Toma a pedophile? Is he a groomer?” Peters said on his show before Kern came on to speak. “He’s either incompetent or he is with the pedophiles. It is only one or the other.”

Neither Kern nor a Senate spokeswoman responded to multiple requests for comment. The Capitol broadcast team, who is in charge of the equipment, referred the Arizona Mirror’s inquiry to the Senate spokeswoman, Kim Quintero. 

“I don’t know what to say other than Kern is irrelevant and will continue to be irrelevant in this race,” Toma told the Mirror. “He is not important enough for me to reply.” 

Toma added that any decision on looking into if Kern inappropriately used Senate resources would be up to Senate President Warren Petersen. Toma also defended his position against the use of the Capitol basement for a drag story hour this week. 

“I became aware of it fairly late, and it was already ongoing by the time I became aware of it,” Toma said, adding that he went in person to confirm the event was taking place Tuesday. “It wasn’t approved for that use. The use was supposed to be a stakeholder meeting.” 

Democratic lawmakers have contended that they told Toma’s office that they intended to host the Drag Story Hour event when they reserved the room. 

During the interview, Kern said that churches and Christians need to “rise up” as a remedy to fix the country’s problems. 

“It is time for battle. This is our 1776 moment…We have to rise up and get our country back,” Kern said, adding that he believed God appointed Donald Trump to be president. 

GOP punish Dems over ‘drag story hour’ in AZ House basement.

Kern, who was recently indicted by Arizona Attorney General Kris Mayes for his role in Donald Trump’s fake elector scheme, sparked controversy last month when he invited members of his church to pray and speak in tongues on the Senate floor ahead of key votes on abortion. 

The move garnered national media attention, and Kern complained about it to Peters. 

“So I led a prayer group down at the Capitol. Somebody filmed it. Somebody tweeted it out,” Kern said, adding that the media went “beserk.” 

“While at the same time they can allow pedophiles, they can allow perverts, they can allow men dressed up as women, and just a perv show in the basement of our (House of) Representatives, and nothing from the media,” Kern said. 

Kern, who was present at the U.S. Capitol on Jan. 6, said that God was “raising up” people like himself, Peters and Trump. He encouraged Peters’ viewers to get involved and for churches to “rise up.” Peters responded that his viewers need to organize militias. 

“I’m talking about organizing with your neighbors in a militia format,” Peters said as Kern nodded in agreement. “Then advising, not asking permission, but advising your sheriff and advising your DA of exactly what you are willing to do to protect your life, your liberty and your property.” 

Peters has called for violence at the U.S.-Mexico border, used racist terminology and has spoken at a white nationalist conference.  

“I believe it has been inappropriate and irresponsible to vilify the LGBTQ+ community for extremist, cheap political points,” Austin said in a statement to the Mirror. “We are tired of fighting the battle to simply exist.”

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Reporter Jerod MacDonald-Evoy joined the Arizona Mirror from the Arizona Republic, where he spent 4 years covering everything from dark money in politics to Catholic priest sexual abuse scandals. He brings strong watchdog sensibilities and creative storytelling skills to the Arizona Mirror.

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The preceding article was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

By Zach Wendling | LINCOLN, Neb. — Nebraska Gov. Jim Pillen on Friday announced he is joining a handful of states in planning to defy new Title IX rules from the Biden administration set to take effect in August.

Pillen, in a Friday news release, said the “rewrite of Title IX is an affront to the common sense idea that men do not belong in women’s only spaces” and is a “direct attack” on the Women’s Bill of Rights that he established by executive order last August. Under that order, state agencies, boards and commissions must define someone’s sex as male or female at birth.

Title IX, a 1972 rule, prohibits sex discrimination in educational programs that receive federal funding. The changes explicitly protect gender identity and sexual orientation.

Pillen on Friday said Nebraska “must fight against radical gender ideology and vigorously protect the rights of Nebraska women and girls.”

“Protecting our kids and women’s athletics is my duty,” Pillen said in a statement. “The president’s new rules threaten the safety of women and their right to participate in women’s sports. Nebraska will not comply.”

Under Pillen’s Women’s Bill of Rights, a “female” is defined as someone whose biological reproductive system is developed to produce ova; a “male” is someone whose biological reproductive system is developed to fertilize the ova of a female.

At least 15 states are suing over the final Title IX rule, but not Nebraska. Governors and state education chiefs in at least six states — Arkansas, Florida, Louisiana, Montana, South Carolina and Oklahoma — have also directed districts to defy the rule.

The U.S. Department of Education has said states not in compliance with Title IX risk losing federal funding.

The revised Title IX guidelines, to which the U.S. Department of Education has given final approval, are scheduled to take effect Aug. 1. 

LGBTQ students who face discrimination would be entitled to a response from their school under Title IX, allowing recourse from the federal government when schools do not do so.

The revisions also reverse many changes led by former Education Secretary Betsy DeVos that added new protections for students accused of sexual misconduct, which currently require such conduct to be “severe, pervasive and objectively offensive.”

Colleges will also not be required to hold live hearings to allow students to cross-examine one another through representatives.

The new regulations do not include a planned provision to prevent schools from categorically banning transgender student-athletes from sporting teams.

Nebraska lawmakers fell two votes short of advancing legislation this year that would have done just that. The introducer, State Sen. Kathleen Kauth of Omaha, has said she intends to try again next year, a plan that she has said could involve Pillen’s Women’s Bill of Rights.

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Zach rejoins the Nebraska Examiner after studying abroad in Antigua, Guatemala, following a yearlong Examiner internship. His coverage focus areas have included politics and government, health and well-being and higher education.

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The preceding article was previously published by the Nebraska Examiner and is republished with permission.

Nebraskans want accountability from their elected officials and government. They want to know whether their tax dollars are being well-spent, whether state agencies and local governments are responsive to the people and whether officials, programs and policies are working for the common good. The Nebraska Examiner is a nonprofit, independent news source committed to providing news, scoops and reports important to our state.

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

MONROE, N.C. – Tensions in this small city of 34,551 people, 39 miles southeast of Charlotte, over a local diner and restaurant’s drag shows have escalated from sidewalk protests into dueling lawsuits inside a federal courthouse.

Located within the rapidly growing Charlotte metropolitan area, the East Frank Superette and Kitchen on East Franklin Street in downtown Monroe has been hosting popular all-ages drag brunch shows. Then early 2022, a small group residents began posting negative comments about the events online alleging restaurant was condoning inappropriate and sexualized performances that minors should not be exposed to.

The online argument then morphed into protesters showing up every time an East Frank drag event was held. The restaurant’s co-owners, Robert Huffman and Carley Englander told North Carolina Public Radio they began hosting drag bingo nights and occasional drag brunches in early 2021, when many local businesses were reopening as COVID-19 restrictions eased.

Holding signs that read “Stop Grooming Children,” “This Is Child Abuse” and “Stop Sexualizing Children,” the anti-drag-anti-LGBTQ+ group demonstrating in front of the restaurant, ranging from seven to 25 people included then-candidate and now Monroe city mayor, Robert Burns. Burns won the election by a coin toss after a rare tied vote in 2023.

NCPR reported that in a September Facebook Live video streamed from outside the restaurant Burns said: “They’re exposing our children to this nonsense, and it needs to stop. We need to end what’s going on,” he added, “[…] you are sexualizing our children here in Monroe, and people are waking up to that.”

Huffman and Englander said they were shocked by the vitriol and opposition and didn’t believe the protesters’ arguments had merit.

“We don’t regard (drag) as something that’s lewd or sexual in any regard,” Huffman said. “It never crossed our minds that people would think that or make that argument about it.”

Huffman and Englander also stated that minors were only admitted to drag shows if they were accompanied by a parent or guardian, and the vast majority of people who attended were adults.

“Just a few folks would bring their kids here and there,” Huffman said. “So this whole kerfuffle is over, like, four kids.”

Huffman and Englander said they received online threats, protesters crowded the entrance, held signs in the windows, and took pictures and videos of patrons inside. At City Council meetings, angry anti-LGBTQ+ residents called on the city to shut down the performances entirely.

The battle over the drag shows escalated again when Huffman and Englander used pictures of the seven mainstay anti-drag protestors that regularly demonstrated and used their pictures, some taken from social media accounts, to parody for advertising.

NCPR reported that starting in March 2023, the restaurant began posting a series of advertisements on social media that included images of protesters holding digitally altered signs promoting the restaurant’s drag events and food specials.

According to Queen City News in Charlotte, in December 2023, several of the protesters sued the East Frank Superette and Kitchen after the restaurant pulled photos of them from their social media accounts and altered the images to use in ads for the restaurant’s drag brunches.

In a Federal lawsuit in the U.S. District Court for the Western District of North Carolina, Union County, North Carolina, residents Michelle Ball, Ted Toms, Sofia Chabot, Amelia Ball, Eliza Ball, Jessica Mullen, and Lisa Metzger claim the restaurant violated a state law banning wrongful appropriation of personal image and North Carolina’s Unfair and Deceptive Trade Practices Act by altering the photos to make them look like the protesters supported the events.

Signs that read “Stop Sexualizing Children” and “Stop Grooming Children” were changed to “Risk it on the Brisket … I did, and I loved it!” and “I am unable to mind my own business, and it only helps theirs!”

“It was done in jest, and in a satirical kind of way,” Huffman told NCPR. “Obviously, we don’t need their help selling hamburgers, and pretty much anyone in the community knows that they’re not our supporters. Really, it was just a joke, and they apparently can’t take one.”

“It got under their skin a lot more than we realized,” Huffman added.

In the court filing, Robert Sneed, an attorney for the anti-drag protestors, wrote that Ted Toms reportedly reached out to the restaurant demanding that the images be taken down and the restaurant continued to use unauthorized photos of Toms and others to promote the business and services.

“As a consequence of the Defendant’s outrageous actions and response to Plaintiffs’ rightful concerns and interests, Plaintiffs find it necessary to seek this court’s intervention to curtail Defendant’s unlawful activities and to obtain the legal and equitable remedies to which Plaintiffs are entitled,” the lawsuit states.

The lawsuit alleges that Huffman and Englander violated Section 43(a)(1)(A) of the Lanham Act, North Carolina’s privacy-based tort of Wrongful Appropriation of Personal Image, and North Carolina’s Unfair and Deceptive Trade Practices Act.

Queen City News noted:

[The] Lanham Act: “Any person who, on or in connection with any…services…uses in commerce any…device…or any misdescription of fact, or false or misleading representation of fact, which…is likely to cause confusion, or to cause mistake, or to deceive as to the…approval of his or her goods, services or commercial activities by another person…shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”

Wrongful Appropriation of Personal Image: “This form of tortious activity includes the unauthorized appropriation of a person’s likeness in connection with an advertisement or commercial enterprise, i.e., for the defendant’s commercial advantage.”

Unfair and Deceptive Trade Practices Act: “Constitute an unfair method of competition in or affecting commerce, or are unfair and deceptive acts or practices in and affecting commerce; and cause a likelihood of confusion or misunderstanding as to the sponsorship, approval, or association of East Frank’s business and services with each Plaintiff.”

The lawsuit states that the seven plaintiffs are asking that the Monroe restaurant stop using their images for advertising, take down all altered photos that have been used in the past, a public apology, and monetary remedies among other requests.

Last month, Huffman and Englander countersued the protesters for defamation. In an April 12 filing, the pair are alleging the protesters “routinely and regularly accused East Frank — a restaurant that, from time to time, hosts drag performances — of child abuse, child sexual exploitation, and child grooming.”

Those “knowingly false accusations have damaged East Frank’s reputation, cost East Frank substantial profits, and worst of all, have exposed East Frank, its customers, and the drag performers it hosts, to threats of violence,” according to the countersuit.

Both lawsuits have been filed in U.S. District Court for the Western District of North Carolina & have hearing dates yet to be scheduled.

By Erin Reed | COLUMBIA, S.C. – Days after a landmark ruling in the 4th U.S. Circuit Court of Appeals that found medical discrimination against transgender people unconstitutional, the South Carolina Senate passed a broad gender-affirming care ban.

The bill, House Bill 4624, prohibits gender-affirming care for transgender youth and also targets mental health providers. It forces teachers to out transgender students to their parents. It also includes an expansive public funding ban, prohibiting the use of public funds “directly or indirectly” for gender-affirming care at any age, potentially affecting the availability of all transgender care in the state.

By doing so, South Carolina appears to be ignoring a ruling from the very court circuit in which it is located, just days after the decision was issued.

The bill states that “A physician, mental health provider, or other health care professional shall not knowingly provide gender transition procedures to a person under eighteen years of age.” The mental health provider portion of the bill was a heavy point of contention, with the ACLU of South Carolina interpreting it to cover at least some counseling for gender dysphoria. Though a later amendment was added that says it would not “impose liability on any speech protected by federal or state law,” the vagueness of the bill means that mental health providers who give out of state treatment locations to the families of transgender youth may still be targeted.

The bill also includes an extremely broad prohibition on public funding for gender-affirming care. It specifies that “public funds may not be used directly or indirectly” for such care, regardless of the recipient’s age. This would eliminate Medicaid coverage, prohibit gender-affirming care under the state employee health insurance plan, and could potentially target any doctor or hospital that receives public funding. Notably, “indirectly” funding gender-affirming care could mean that any doctor providing such care might see state grants jeopardized. Such actions have already been taken against the Medical University of South Carolina, whose funding was threatened unless it ceased all transgender care in 2023. The hospital discontinued care for all transgender youth shortly thereafter. This provision, along with much of the bill, appears to come from the Family Policy Alliance’s model legislation, although it goes further than that model legislation in applying the ban to any age.

You can see the portion of the bill barring public funding as well as Medicaid coverage here:

The bill seems to both directly and indirectly disregard a recent decision by the 4th U.S. Circuit Court of Appeals, to which South Carolina belongs. In that decision, a Medicaid ban on transgender care in West Virginia and a public employee health care policy ban in North Carolina were deemed unconstitutional. The court determined that gender identity is a protected characteristic and that medical discrimination infringes upon the equal protection rights of transgender individuals. Similarly, it ruled that Medicaid bans contravene both the Affordable Care Act and the Medicaid Act.

This point was emphasized repeatedly, including during a speech by Democratic Senator Tameika Isaac Devine, who observed, “Just earlier this week, the 4th Circuit, which includes South Carolina, ruled that North Carolina’s state healthcare plan must pay for gender-affirming surgeries… The 4th Circuit found that North Carolina’s law violates Equal Protection… This is the second ruling in favor of trans rights from the same 4th Circuit just this month. Last week during the discussion of bathrooms, I brought it up and it was disregarded.”

SC Senate, K-12 bill mandates ‘a boy will use the boys’ bathroom’

Republicans rejected multiple amendments designed to make the bill less harmful towards transgender people. One rejected amendment would have banned conversion therapy. Another rejected amendment would have allowed for “reversible” treatments. An amendment adding speech protections to mental health providers was adopted, but the nature of those protections are likely to be seen as vague in the context of the bill.

The bill then ultimately passed 27-8, with all Republicans voting for the bill and disregarding the 4th Circuit decision on transgender care. Following the bill, Executive Director of the ACLU’s South Carolina branch Jace Woodrum stated, “I’m heartbroken. I imagine so many of you who have been in this fight with us are heartbroken too… I know in moments like this it may feel like nothing we do matters, but it does. We showed South Carolina that transgender kids do matter, and we’re going to keep fighting for them. I hope that you’ll continue to fight with us.”

The bill will return to the House for concurrence with the changes made. If the House concurs, it will proceed to the governor’s desk, where it will take effect upon the governor’s signature.

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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.