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Will GOP moderate its anti-LGBTQ platform in 2020?

Trump has opportunity to call for lifting opposition to same-sex marriage

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Republican Party, Grand Old Party, GOP, gay news, Washington Blade
President Trump has the opportunity to call for removing opposition to same-sex marriage in the Republican Party platform.

With the start of a new decade and another presidential election at hand, the time has come for the quadrennial event of crafting the platforms for the major U.S. political parties, but 2020 presents a unique situation for Republicans because President Trump’s position on marriage equality is at odds with previous platforms.

Starting last year, the White House has repeatedly stated Trump, despite his administration’s anti-LGBTQ record, supports marriage equality. That stands in contrast to every recent iteration of the Republican Party platform, including the 2016 version, which calls for a constitutional amendment that would ban same-sex marriage nationwide.

If the 2020 platform were to maintain the party’s call for a constitutional ban on same-sex marriage, the document would defy the position of the Republican standard-bearer in the election, who is also the incumbent U.S. president. That would be a striking contrast.

The upcoming drafting process for the 2020 document would be an opportunity for Trump finally to put his money where his mouth is on same-sex marriage and call on the Republican platform committee to drop its opposition.

The Log Cabin Republicans, which in 2016 bucked the party to dub the Republican platform the most anti-LGBTQ in history, are sensing the possibility for change in 2020.

“In 2016, the RNC platform slid backwards on LGBTQ issues and it is not in line with the president’s beliefs or agenda for our community,” said Charles Moran, managing director of Log Cabin Republicans. “The 2020 convention is a time to bring the platform up to speed.”

A potential divergence between Trump and the platform wasn’t an issue in 2016, when both he and the party opposed same-sex marriage.

Prior to his presidential run, Trump on CNN in 2015 just after the Supreme Court ruling in Obergefell v. Hodges said he’s “just for traditional marriage,” a position maintained through his 2016 campaign. In a Fox News interview just before the 2016 Iowa caucuses, he said he’d “strongly consider” appointing justices as president to reverse the decision.

Log Cabin, which issued an early endorsement for Trump for re-election in 2020, may now be in a better position to effect change than in 2016, when the organization kept to its tradition of waiting to make an endorsement decision until after the Republican convention. Log Cabin ended up declining to endorse Trump.

Key to changing the platform in 2020, Moran said, will be the selection of delegates to the Republican National Convention, which this year will take place in Charlotte, N.C.

“Log Cabin will have a presence at the convention and has already started conversations within the party about what the platform needs to look like,” Moran said. “But we’re still early in the process — we need to see what the delegations look like from each state, and that’s our focus now — getting our folks teed up to be selected as delegates. It’s different in every state so lots of moving pieces, but we’ll come up with a strategy once we know what the field of delegates looks like.”

Any effort to remove the anti-LGBTQ language in the platform would be a David-and-Goliath effort against anti-LGBTQ groups like the Family Research Council, which dominate the Republican Party and have a significant hand in influencing the quadrennial platform.

In 2016, the Republican platform was peak anti-LGBTQ, condemning both the Obergefell decision and the Supreme Court’s 2013 ruling against the anti-gay Defense of Marriage Act. One plank sought to reverse the U.S. Supreme Court decision in favor of marriage equality, either through judicial reconsideration or a constitutional amendment.

“In Obergefell, five unelected lawyers robbed 320 million Americans of their legitimate constitutional authority to define marriage as the union of one man and one woman,” the platform says. “The Court twisted the meaning of the Fourteenth Amendment beyond recognition.”

The platform also objected to use of federal law to ensure transgender people can use the restroom consistent with their gender identity, indicated support for widely discredited “ex-gay” conversion therapy and endorsed the First Amendment Defense Act, a religious freedom bill that would enable anti-LGBTQ discrimination.

Jennifer Victor, an associate professor of political science at George Mason University and co-author of “Competing for the platform: How organized interests affect party positioning in the United States,” cast serious doubt on any change happening in 2020.

“The core groups in the Republican coalition, especially those involved with drafting the party platform, are socially conservative,” Victor said. “It seems likely there will be a strong movement to maintain the party’s explicit position against same-sex marriage and other LGBTQ rights issues.”

It’s probably unrealistic to think the Republican platform will endorse same-sex marriage, which the Democrats have done in their 2012 and 2016 platforms. Instead, a more achievable goal might be removing the anti-LGBTQ language, including support for a constitutional amendment against same-sex marriage.

The American Unity Fund, a pro-LGBTQ Republican group supported by GOP philanthropist and donor Paul Singer, undertook a previous effort in 2016 to keep anti-LGBTQ language, including a call to ban same-sex marriage, out of the platform.

The effort, however, didn’t succeed in the face of anti-LGBTQ members of the platform committee despite pleas from members like lesbian delegate Rachel Hoff, who called for a platform more accepting of LGBTQ people. The American Unity Fund didn’t respond to repeated requests to comment on whether a similar effort will be underway in 2020.

Something big would be needed for a change in the Republican platform in terms of LGBTQ rights. A call from Trump to remove the anti-LGBTQ language, which would be unprecedented for any Republican nominee, would be huge and might just be the ticket.

In 2019, White House counselor Kellyanne Conway said Trump was the first president to come into office “approving of gay marriage.” The White House has echoed that position in comments that have mostly appeared in articles on the Trump administration’s anti-LGBTQ record, including the implementation of a transgender military ban and religious freedom regulations allowing anti-LGBTQ discrimination.

Trump, however, isn’t known for standing up to base elements of the Republican Party on LGBTQ rights, or any other issue. Neither the White House nor the Trump campaign responded to the Blade’s request to comment on whether Trump would call for removing support for a constitutional amendment against same-sex marriage in the 2020 platform.

Moreover, skeptics have good reason to take Trump’s alleged support for same-sex marriage with a grain of salt — and not just because of his administration’s general anti-LGBTQ record.

Breaking records on judicial appointments, Trump has stocked the courts with judicial picks approved by the Federalist Society and the anti-LGBTQ Heritage Foundation, which are against interpreting the U.S. Constitution to guarantee marriage rights for same-sex marriage as the U.S. Supreme Court found in Obergefell v. Hodges.

One of Trump’s picks for the Supreme Court, U.S. Associate Justice Neil Gorsuch, wrote a stinging dissent when the issue of same-sex marriage came back to the court in 2017 in an Arkansas birth certificate case known as Pavan v. Smith. The majority ruled Obergefell granted the right for lesbian parents to place both of their names on their child’s birth certificates, but Gorsuch disagreed.

Even though Obergefell guaranteed the “constellation of benefits” of marriage to same-sex couples and was adjudicated in part on the basis of birth certificates, Gorsuch wrote “nothing in Obergefell indicates that a birth registration regime based on biology, one no doubt with many analogues across the country and throughout history, offends the Constitution.” 

Essentially, Gorsuch was encouraging lower courts to see how far they could go in disrupting the protections guaranteed under Obergefell. It’s not exactly a judicial appointment one would expect from a president who supports same-sex marriage.

The basis for the White House saying Trump supports same-sex marriage seems to be an interview he gave to Leslie Stahl on “60 Minutes” after his 2016 election in which he said he’s “fine” with the Supreme Court’s 2015 ruling for same-sex marriage and he considered the matter “settled.” Trump never said he backs the decision or marriage rights for same-sex couples.

Victor, recognizing Trump’s reluctance to push on the Republican base that fueled his rise to the presidency, expressed considerable skepticism Trump would urge the platform drafting committee to drop its opposition to same-sex marriage.

“It would be surprising for President Trump to push back on that, since he seeks to court that constituency, or to the extent he’s already courted it, he seeks to maintain their support,” Victor said. “It’s very unlikely that is the type of issue he would go to the mat on. In other words, I don’t see how he would gain a political advantage by bucking the party on this issue.”

If the 2020 platform keeps the same language it had before, it wouldn’t be the first time a platform espoused different views than the Republican presidential nominee, although that would certainly raise eyebrows.

One instance, Victor pointed out, was in 1996 when Republican presidential nominee Bob Dole, who refused to support a constitutional ban on abortion, had “a decidedly more liberal position on abortion than core groups that were crafting the party platform that year.” Media reports at the time indicated Dole’s position infuriated social conservatives in the Republican Party.

“In the end, Dole bent to the will of the party, and the platform leaned more to the right — at least on that issue — than the candidate did,” Victor said.

It remains to be seen whether Trump would distance himself from a 2020 platform that contains opposition to same-sex marriage. In 2016, Trump wholeheartedly endorsed the platform, putting no distance between himself and the anti-LGBTQ language.

Victor predicted the same thing would happen in 2020.

“It seems likely to me that Trump will either adjust his position on same-sex marriage to match the platform, or avoid and downplay the issue altogether,” she said. “The Democratic Party is the political party increasingly associated with civil rights and social justice issues, and that doesn’t seem likely to change any time soon.”

The Republican National Committee didn’t respond to the Blade’s request to comment for this article.

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Virginia

Virginia attorney general joins efforts to fight Title IX changes

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

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Virginia Gov. Glenn Youngkin listens as Attorney General Jason Miyares addresses an audience at a legislative signing ceremony in the capitol April 5, 2024. (Photo Credit: Office of the Attorney General)

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.”

Virginia Attorney General Jason Miyares at the Virginia State Capitol on Jan. 10. (Nathaniel Cline/Virginia Mercury)

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 Cline

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.

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Federal Government

U.S. Census Bureau testing survey on LGBTQ households

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies

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The U.S. Census Bureau headquarters in Suitland, Maryland in suburban Washington D.C. (Photo Credit: U.S. Census Bureau)

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.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

In 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed”

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

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).

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Arkansas

Arkansas governor signs order prioritizing anti-trans state law

“This latest action is part of a disturbing pattern of behavior from Gov. Sanders, who seems more invested in divisive politics”

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Gov. Sarah Huckabee Sanders signed an executive order on May 2, 2024 at the Arkansas Capitol directing schools to follow state law over new Title IX regulations. (Antoinette Grajeda/Arkansas Advocate)

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. 

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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

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.

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Utah

Utah launches “Snitch Line” to report trans people in bathrooms

Reactions to the form’s release were immediate and predictable: multiple users started flooding in fake reports

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Capitol of the state of Utah in Salt Lake City. (Photo Credit: State of Utah)

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.

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U.S. Federal Courts

Man sentenced for obstruction in murder of Black Trans woman

“Pinckney’s obstructive actions delayed justice for Dime Doe and accountability for his co-defendant,” said the FBI Columbia Field Office

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The headquarters of the South Carolina State Law Enforcement Division, Columbia, SC (Photo Credit: State of SC SLED)

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.”

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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.

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Arizona

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

Arizona Republican House Speaker Ben Toma says the Democrats can no longer access the building’s meeting rooms

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A Democratic lawmaker reserved a room in the Arizona House of Representatives’ basement so Planned Parenthood could do a “drag story hour” as part of a stakeholder meeting. The chamber’s Republican leadership has denounced the event, and said Democrats can no longer use meeting rooms in the building. (Screenshot via X/Twitter)

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.” 

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. 

“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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Jerod MacDonald-Evoy

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.

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Ohio

Anti-trans bills see recent movement in the Ohio Statehouse

The Ohio House has four more meetings scheduled in this month and June before the lawmakers go on summer break

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COLUMBUS, Ohio — DECEMBER 13: Advocates for the trans community protest outside the Senate Chamber and repeatedly shouted “shame” when they heard that lawmakers had passed HB 68 that bans gender-affirming care for transgender youth and bars transgender kids from participating on sports teams, December 13, 2023, at the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal)

By Megan Henry | COLUMBUS, Ohio – Two anti-transgender bills have recently been moving through the Ohio legislature.  

House Bill 8 would force educators to out a student’s sexuality to their parents, require public schools to inform parents about sexuality content materials ahead of time and give them the option to request alternative instructions. The bill passed in the House over the summer and has had a few hearings in the Senate Education Committee — meaning it will likely be voted on soon. 

House Bill 183 would ban transgender students from using the bathroom and locker room that matches up with their gender identity. The bill was recently voted out of committee but hasn’t made its way to the House floor yet and doesn’t seem like it will anytime soon. 

“We haven’t formally discussed it and it won’t be on the floor next week,” said Ohio House Speaker Jason Stephens, R-Kitts Hill.

The Ohio House has four more meetings scheduled in May and June before the lawmakers go on summer break. 

Having these bills go through the legislative process — even if they don’t pass — is damaging to the LGBTQ community, said Carson Hartlage, a member of the Board of TransOhio. 

“They’re both framed as attempts to protect students … but it doesn’t seem like these bills are actually fixing any real problems,” Hartlage said. “They’re really just creating really harmful conversations around trans kids and a lot of them don’t really seem all that practical or enforceable. … It just creates a spotlight where we don’t really need one and points out kids or individual schools or things like that don’t really need that kind of negative attention.”

Bathroom bills 

Bradie Anderson, 14, is worried someone will police which bathroom she uses at school. 

“There’s no problem with her in the bathrooms,” Bradie’s mom Anne Anderson said. “There’s just not. They’re looking for a solution to a problem that doesn’t exist.”

The Anderson family lives in Mentor, but they have considered moving because of the various anti-LGBTQ bills in the Statehouse. 

“People don’t want to stick around here,” Anderson said. 

Ten states have laws on the books that limit access to bathrooms that line up with gender identity in K-12 schools, according to the UCLA Williams Institute 2024 report on the impact of anti-transgender legislation on youth. An estimated 34,800 transgender students ages 13-17 live in those states. 

Those laws have been challenged in Florida, Oklahoma, Idaho and Tennessee. Seventeen states, including Ohio, have bathroom bill bans pending in the legislature.   

Ohio’s bill would also ban schools from allowing students to share overnight accommodations with the opposite sex, and it would prevent a school from having single-occupancy facilities. 

Parental bill of rights 

Anderson worries about the LGBTQ students whose parents don’t support them. 

“Those are the kids that are going to be completely crushed by House Bill 8,” she said. “House Bill 8 would be very dangerous to children that want to keep a low profile and feel that they can trust someone in their school because they obviously don’t feel safe coming out to their parents, that’s the issue.”

There were 62 parental-rights bills in 24 states in 2023, according to FutureEd, an independent think tank at Georgetown University’s McCourt School of Public Policy. 

Bills have been signed into law in Florida, Arizona, Georgia, and Louisiana. 

Ohio’s bill would prohibit any sexuality content from being taught to students in kindergarten through third grade. 

The bill defines sexuality content as “oral or written instruction, presentation, image, or description of sexual concepts or gender ideology.”

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Megan Henry

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

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The preceding article was previously published by the Ohio Capital Journal an is republished with permission.

The Ohio Capital Journal is an independent, nonprofit news organization dedicated to connecting Ohioans to their state government and its impact on their lives. The Capital Journal combines Ohio state government coverage with incisive investigative journalism, reporting on the consequences of policy, political insight and principled commentary.

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

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Mississippi

Mississippi lawmakers kill anti-trans legislation

The language of each measure would have had to be the same for the final versions to be passed and sent on to Republican Gov. Tate Reeves

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Republican Mississippi Gov. Tate Reeves with former President Donald Trump. (Photo Credit: Official White House photo by Shealah Craighead)

JACKSON, Miss. – Republican lawmakers in Mississippi working to close out their 2024 legislative session were unable to vote on two measures that would have restricted the legal rights of transgender people in the state.

The Associated Press reported that House and Senate leaders failed to agree on compromise versions two bills, one bill that would have restricted transgender people’s use of bathrooms and locker rooms in public buildings, including university dormitories. The other would have specified that sex is defined at birth, and that “there are only two sexes, and every individual is either male or female.”

The language of each measure would have had to be the same for the final versions to be passed and sent on to Republican Gov. Tate Reeves. In February of 2023 Reeves signed into law HB1125, a bill banning health care treatments for gender dysphoria for transgender youth, prohibiting doctors from providing such care and stripping parents of the right to guide medical decisions for their own children.

Reeves said at the time he signed the bill, which bars puberty blockers, hormone therapy and surgery for minors, because “there is a dangerous movement spreading across America today.”

“It’s advancing under the guise of a false ideology, and pseudo science is being pushed onto our children through radical activist, social media and online influencers, and it’s trying to convince our children that they are in the wrong body,” Reeves said at a news conference after he signed the bill.

In 2021, the governor signed legislation to ban trans athletes from competing on girls’ or women’s sports teams.

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Delaware

Former Delaware LGBTQ center official sentenced to nine months

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve”

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CAMP Rehoboth LGBTQ community center, Rehoboth Beach, Delaware. (Washington Blade/Michael Key)

GEORGETOWN, Del. – Salvator “Sal” Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

“Salvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,” the indictment states.

“The State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,” Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

“The defense cited Seeley’s lack of a record and gambling addiction in arguing for a probationary sentence,” the statement says. “Seeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,” Harrison says in the statement.

Salvator Seeley (Photo courtesy CAMP Rehoboth)

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeley’s indictment in February, CAMP Rehoboth released a statement saying it first discovered “financial irregularities” within the organization on Sept. 7, 2021, “and took immediate action and notified state authorities.” The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its “financial control policies” that led to an updating of those policies.

“As we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,” the statement continues. “At its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,” according to the statement. “This was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.”

The statement was referring to Kim Leisey, who began her job as CAMP Rehoboth’s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organization’s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,” the statement says.

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