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.”

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.

By Nathaniel Cline | RICHMOND, Va. – Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect. 

The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ+ students has come under attack by Republican attorneys general in several states.

Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.

“The Biden Administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”

Attorney generals from Tennessee, Indiana, Kentucky, Ohio and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.

Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972. 

The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information and supports students and families. 

Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ+ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ+ students to come to school as themselves without fear of harassment or discrimination.

“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden Administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.

The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education. 

Protections

While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ+ students and employees, including providing complete protection from sex-based harassment and prohibiting schools from sharing personal information.

Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.

The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.  

The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children. 

The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed. 

Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.

Virginia policies

In 2021, the first model policies for transgender students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of transgender and nonbinary students and to protect the privacy and rights of these students. 

However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.

The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.” 

Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.

The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.

“All Virginia students, including our transgender and non-binary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior transgender rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”

Athletics not included

The provisions under the new Title IX rule did not mention anything about requiring schools to allow transgender students to play on teams that align with their gender identity. Virginia has taken its own shot at banning transgender athletes from competing in sports through legislation.

In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported. 

The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.

The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for transgender athletes to participate on teams that match their gender identity, but under certain conditions.

Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.

Sen. Tammy Brankley Mulchi, R-Mecklenburg, who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.

Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.

“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.

However, Sen. Stella Pekarsky, D-Fairfax, argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”

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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at The Loudoun Times-Mirror and The Northern Neck News in Virginia as well as sports for The Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.

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The preceding article was previously published by the Virginia Mercury and is republished with permission.

Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.

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

SUITLAND, Md. – The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey (ACS). The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS – with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30, 2024, online.

WASHINGTON — Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

By Antoinette Grajeda | LITTLE ROCK, Ark. – In response to new Title IX regulations that include protections for LGBTQ+ students, Arkansas’ governor signed an executive order Thursday that instructs public schools to instead follow state law and directs the education department to provide guidance on how to do so.

The final rule, which the U.S. Department of Education announced last month, protects students and employees from sex-based discrimination, requires schools have in place measures to offer support to to those who make complaints, sets guidelines for schools and codifies protections for transgender students from sex discrimination. 

Gov. Sarah Huckabee Sanders at a press conference Thursday called the changes a “reinterpretation” and “total rewrite” of Title IX. 

“It’s a document that should scare every woman and frankly every man in America,” Sanders said. “Title IX was created to protect women, but Biden’s Title IX attempts to erase women completely.”

If the Biden administration threatens a loss of federal education funding because Arkansas “refused to go along with his election-year pandering,” Sanders said the state would take the federal government to court. More than a dozen Republican-led states filed legal challenges this week, including Louisiana, Tennessee and Florida.

“My message to Joe Biden and the federal government is that we will not comply,” she said.

Among the Arkansas laws to be enforced is Act 317 of 2023, which defines sex on the basis of biology, ensures public schools designate restrooms based on sex, and requires students to share sleeping quarters with students of the same sex or be provided with single-occupancy sleeping quarters. 

Additional gender-related state laws include the Fairness in Women’s Sports Act, which requires schools that designate sports teams to do so on the basis of sex, and the Given Name Act, which prohibits employees of public schools and state-supported education institutions from being required to use someone’s preferred pronouns. 

Sanders also signed an executive order in October that bans gender-neutral language in state government documents. 

In a social media post Thursday, the American Civil Liberties Union of Arkansas called the executive order a “clear, aggressive attack on the well-being and freedoms of LGBTQ people in our state.” 

“This latest action is part of a disturbing pattern of behavior from Gov. Sanders, who seems more invested in divisive politics and fueling culture wars than addressing the urgent needs of Arkansans,” the post reads. “This pattern of hostility and neglect must end. We call on Gov. Sanders to cease these draconian measures and redirect her focus towards improving the lives of all Arkansans.”

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Antoinette Grajeda is a multimedia journalist who has reported since 2007 on a wide range of topics, including politics, health, education, immigration and the arts for NPR affiliates, print publications and digital platforms. A University of Arkansas alumna, she earned a bachelor’s degree in print journalism and a master’s degree in documentary film.

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The preceding article was previously published by the Arkansas Advocate and is republished with permission.

The Arkansas Advocate is a nonprofit, nonpartisan news organization dedicated to tough, fair daily reporting and investigative journalism that holds public officials accountable and focuses on the relationship between the lives of Arkansans and public policy. This service is free to readers and other news outlets.

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

By Erin Reed | SALT LAKE CITY, Utah – On Wednesday evening, the Utah Public Auditor released a form to report transgender individuals encountered in changing rooms and restrooms to state authorities.

The form, titled “Alleged Government Violations of Utah Code 63G Chapter 31: Distinctions Based on Sex,” is in response to a law enacted earlier this year. This law bans transgender people from using restrooms that match their gender identity in schools, as well as locker rooms and similar facilities in public buildings across the state.

Utah is the latest in a series of states that have attempted to launch “snitch lines” targeting transgender people. Previous attempts have failed after being flooded with memes from activists opposing the use of community reporting to target transgender individuals.

Earlier this year, House Bill 257, which bans transgender individuals from using restrooms and changing rooms in a variety of locations, sparked intense debate due to its broad scope and strange enforcement mechanisms. The bill applies to any public building, including the Salt Lake City airport, and says that transgender people could be held liable if they cause “affront or alarm.”

It also explicitly prohibits transgender individuals from using restrooms that match their gender identity in schools and also bans them from public changing rooms unless they have amended their birth certificates and undergone gender reassignment surgery. Importantly, many states do not permit changes to birth certificates, creating significant confusion about which transgender individuals can use certain bathrooms and where.

One major question during debate of the bill was over how the bill would be enforced. In many states, for example, cisgender people have been reported to authorities for using the bathroom simply because they defied gender stereotypes. Numerous citizens testified to this concern in Utah. Within months of the bill passing, Utah public officials proved this point correct when some accused a cisgender basketball player of being transgender. Now, it appears that those charged with enforcing the policy have decided on a mechanism to do so: a publicly available snitch form to target transgender people.

The snitch form requests details on encounters with transgender individuals in “privacy spaces.” It asks citizens to report the government entity responsible for the “failure” to prevent the encounter or to report the encounter to law enforcement. Those “failures” can cost any government entity $10,000 dollars per day, including schools and colleges. The form enables people to upload pictures and provide evidence of “incidents.” It requires a name and email address, but a phone number and home address is not necessary.

Reactions to the form’s release were immediate and predictable: multiple users started flooding in fake reports. One person submitted a report of “beavers” in their bathroom at 3 AM. Another posted a picture of a character from The Bee Movie, an allusion to other snitch forms against transgender people that were flooded with scripts for that movie. One person reported Governor Sarah Huckabee Sanders as a trans person. Another reported an allegation of Representative Matthew Gaetz harassing girls outside of a locker room.

The reactions were remarkably similar to other attempts to target transgender people using snitch forms. In February, Indiana Attorney General Todd Rokita released a snitch line to report schools. Instead, it received copies of Godzilla holding a trans flag. In March of 2023, the Missouri Attorney General Andrew Bailey launched a website for reporting gender affirming care clinics. Within a month, the website was taken down after being flooded with the “Bee Movie” script.

In Virginia, Governor Glenn Youngkin launched a tip line to report “divisive teaching practices.” That tip line received very few legitimate reports, and instead was flooded by “GenZ for Change” activists. The website was taken down quietly a the end of the year. After Freedom of Information Act requests were submitted to the state for reports, Youngkin initially but then relented after being sued. In a batch of 350 emails obtained of thousands submitted, accusations submitted included “sympathy to immigrants” and dissatisfaction with the epic poem “Beowulf.”

As for this snitch form, it appears it is already receiving significant pushback. At least one prominent transgender individual, Ari Drennen of Media Matters, noted that the site was already seeing glitches and errors, potentially from the number of people flooding the form with memes.

There are no reports of legitimate complaints through the system as of Thursday.

You can find the form at here: (Link)

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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.

COLUMBIA, SC – A South Carolina man was sentenced today to obstructing an investigation into the December 2019 murder of a transgender woman.

Xavier Pinckney, 24, was sentenced to 45 months in prison for providing false and misleading information to state authorities investigating the murder of Dime Doe. He previously pleaded guilty on Oct 26, 2023.

“The defendant’s sentence is part of our effort to fully seek justice and accountability following the tragic murder of a Black transgender woman,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The message should be clear: The Justice Department will fully investigate and prosecute those who target the Black transgender community and that includes those who unlawfully obstruct investigations into these heinous crimes. We want the Black trans community to know that we stand with the LGBTQI+ community, we reject transphobic-fueled violence, and that we will seek justice for victims and their families.”

“Pinckney’s obstruction delayed our investigation and delayed justice for Dime Doe,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Fortunately, Pinckney confessed his lies and his role in the coverup of her murder. This sentence underscores that no one who stands in the way of justice will go unpunished.”

“Pinckney’s obstructive actions delayed justice for Dime Doe and accountability for his co-defendant,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “No matter the obstacle, the FBI and our law enforcement partners are poised to defend the rights and protections of all citizens, and those who engage in criminal activity will be met with the full weight of our investigative and prosecutorial power.”

According to court documents, Pinckney admitted that he concealed from the state authorities the use of his phone to call and text Doe the day of her murder, and he lied to state investigators about seeing his co-defendant, Daqua Ritter, on the morning of Doe’s murder. Ritter was convicted of a hate crime, firearms charge and obstruction of justice in a jury trial arising out of the Ritter’s murder of Doe. Ritter was the first defendant to be found guilty by trial verdict for a hate crime motivated by gender identity under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

The FBI Columbia Field Office investigated the case, with the assistance of the South Carolina Law Enforcement Division, Allendale County Sheriff’s Office and Allendale Police Department.

By Jerod MaCDonald-Evoy | PHOENIX, Ariz. – Democratic members of the Arizona House of Representatives are having their privileges to use meeting rooms in the chamber revoked after they used a room in the basement to host a drag story hour alongside Planned Parenthood on Tuesday. 

Rep. Lorena Austin, D-Mesa, the nation’s first nonbinary Chicane legislator, reserved the room so that Planned Parenthood Advocates of Arizona could hold a drag story hour on Tuesday morning. When Republicans, who have spent the last several years crusading against drag and the LGBTQ community, learned about the event, it sparked an outcry. 

“Democrat Rep. Lorena Austin deliberately misled House leadership to reserve a conference room to host a drag story hour with Planned Parenthood,” Speaker Ben Toma said in a post on X, formerly Twitter, Tuesday morning. “Use of House facilities for radical activism to promote dangerously perverse ideology will not be tolerated while I am speaker.” 

Democrat Rep. Lorena Austin deliberately misled House leadership to reserve a conference room to host a drag story hour with Planned Parenthood.

Use of House facilities for radical activism to promote dangerously perverse ideology will not be tolerated while I am Speaker.

As… pic.twitter.com/yuOnkjn8zR

— Ben Toma (@RepBenToma) April 30, 2024

Toma went on to say that he ordered that Democratic members have “lost the privilege of accessing House meeting rooms until trust can be restored.” 

Austin requested the use of the room for a Planned Parenthood stakeholder meeting and did not mention hosting a “drag story hour” event, according to House Republican caucus spokesman Andrew Wilder. 

But Austin said the room was reserved for the legislature’s LGBTQ+ Caucus, of which she is a member, to meet with stakeholders on a day when the legislature is not in session.

“It is nothing short of ridiculous that I have been described as dishonest, deceitful and perverse and have been subjected to calls for punishment and expulsion,” Austin said in a statement. “We were completely transparent when we reserved the room, and the content was not, or should not be, controversial. In total approximately 20 people attended (all adults) because the House is currently only conducting business on Wednesdays, and today was a Tuesday.” 

Austin said that the event was “educational and completely within the mission of our LGTBQ+ Caucus,” adding that she will “never apologize for teaching people to be inclusive, to accept others as they are, and to stand up to hate and bigotry.”

The condemnation of Democrats and the drag artist they invited to a meeting stands in stark contrast to the welcome that GOP lawmakers gave last week to anti-abortion activists who crowded the chamber as lawmakers debated — and ultimately passed — a bill to repeal an 1864 near-total abortion ban.

“I also want to address all of you in the gallery. I want to give you a friendly reminder this is not our House, it is your House,” Rep. Rachel Jones, R-Tucson, said April 24 on the House floor when introducing members of an Arizona anti-abortion group that were in the gallery. 

Jones said Tuesday that the drag story hour was a “desecration of the people’s house.” 

“I guess this isn’t the people’s House after all,” House Democratic Whip Nancy Gutierrez said in a statement from House Democrats Tuesday afternoon. “No one was misled about scheduling this event. It was described as a drag story hour when Representative Austin’s assistant called to reserve the room. I was there.” 

Gutierrez said that she and others “listened to a person wearing makeup and a sparkly outfit read a book and some poems about inclusion, acceptance, and LGBTQ history” calling it “lovely, funny and inspiring,” pushing back on claims of it being “perverse” as Republicans have said. 

“We have had anti-abortion activists welcomed into the House to sing and jeer and mock our members, while our entire caucus has been banned from using House conference rooms because of how a person was dressed and what they had to say,” Gutierrez said. “Our leadership and Representative Austin have spoken with Speaker Toma to get the facts on the table and reduce the tension. We are working toward a resolution but are not all the way there yet. We will always stand with our members and constituents in the face of discrimination, and we denounce any kind of knee-jerk retaliation.”

Republican state Sen. Anthony Kern, from Glendale, was the first to post about the event on social media, specifically calling out Toma. Kern is Toma’s opponent in the GOP primary for Arizona’s Eighth Congressional District. 

Kern, who was recently indicted by Arizona Attorney General Kris Mayes for his role in a fake elector scheme, has invited members of his church ahead of key votes on abortion issues where they spoke in tongues on the floor. 

Drag story hours have become a target of conservative activists and far-right extremists who make dubious claims that the events are meant to “groom” children into accepting LGBTQ beliefs or pedophilia. The attention has led to physical attacks on members of that community as well as other threats of violence. 

In a statement to the Mirror, Drag Story Hour Arizona, whose organizers have become targets by conservative activists, said they were invited by Austin and Planned Parenthood Advocates of Arizona to the Capitol

“This morning, Drag Story Hour Arizona was invited by Rep. Lorena Austin and Planned Parenthood Advocates of Arizona to present a special story hour for legislators and staffers at the state capitol,” the statement said. “We appreciated the opportunity to meet members of our legislature and educate them about our organization and how we promote inclusive early childhood literacy.”

No children were present at the drag story hour in the House basement on Tuesday.

“The fascism continues at the State House under GOP control,” Rep. Analise Ortiz, D-Phoenix, said on X. “Speaker Toma, Rep. Austin is a duly elected representative of the people who has the same rights as you to welcome community members to THEIR house. This event is hurting no one. Cut the nonsense.”

“This is just another example of Speaker Toma showing how out of touch he is with the values of Arizonans and their support for the LGTBQ community,” Planned Parenthood Advocates of Arizona President and CEO Angela Florez said in a statement to the Arizona Mirror. 

We are PROUD to have collaborated with @LorenaAustin4Az and our community’s local Drag Story Hour to create a safe learning literacy space!

One of the best ways to support the LGBTQ+ community is to educate yourself. Visit our website for resources💓 https://t.co/nOWev49BxO https://t.co/3OmdbLZIq4 pic.twitter.com/fZcSuEXH0w

— Planned Parenthood Advocates of Arizona (@ppazaction) April 30, 2024

“Let’s be clear, at Planned Parenthood Arizona we are proud to offer gender affirming care services and provide essential health care to everyone. We thank Rep. Lorena Austin for being a staunch ally and her continued support in our fight for reproductive freedom,” Florez said. “We will be sure to invite Speaker Toma to the next Drag Story Hour.”

Kern and Sen. Justine Wadsack, a Republican from Tucson, have both called for ethics complaints to be filed. Wadsack has also said Austin should be expelled. Kern has attempted to pass legislation that would have criminalized drag performances. The measure was vetoed by Gov. Katie Hobbs. Other republicans are also calling for Toma to restrict Austin’s access in the House.

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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.