Festivals, in response to DeSantis’ targeting, pledge to forego funding in exchange for restored arts funding

This blog originally appeared at TAMPA BAY TIMES.

The governor singled out the two Fringe festivals when vetoing $32 million in statewide arts and culture funds.

On Thursday, the Tampa and Orlando Fringe festivals issued an open letter to Governor Ron DeSantis, formally offering to forfeit their approved grants for the 2025 fiscal year. The nonprofit International Fringe Festival of Central Florida was slated to receive $102,629, while Tampa’s festival anticipated significantly less at $7,909.

In return, the festivals requested that the governor support a legislative reversal of his $32 million veto on arts and culture funding.

This proposal follows DeSantis’ recent justification for vetoing arts funding statewide last month, where he specifically cited “sexual” content at festivals in Orlando and Tampa. DeSantis pointed to playwright Christen Hailey’s production at Tampa’s Fringe Festival, titled “Captain Havoc and the Big-Titty Bog Witches.”

During a news conference on June 27, DeSantis remarked, “You have your tax dollars being given in grants to things like the Fringe Festival, which is like a sexual festival where they’re doing all this stuff.”

The nonprofit clarified that Florida taxpayer dollars do not directly support artists. “Artists earn their income directly through ticket sales. In fact, 100% of an artist’s advertised ticket price is paid to that artist,” Fringe producers stated in an open letter to the governor. “Instead, taxpayer dollars help cover office expenses, ADA accommodations, and staff salaries.”

The approved funding for Fringe Festivals represented only .002 percent of the vetoed $32 million, a comparison Fringe leadership likened to “canceling Florida’s entire sports industry based on an objection with one player on one team.”

As of Friday, DeSantis’ office had not responded to two emails requesting comment.

Looking ahead, Fringe intends to reapply for state grants in future years. “The idea would be to forgo it this year, but then through collaboration and dialogue, foster a deeper understanding of the arts,” said Tampa Fringe producer Trish Parry.

According to Parry, alongside the show “Captain Havoc and the Big-Titty Bog Witches” on the festival webpage was a comedy performance titled “Florida Fever Dream.” This show featured a political cartoon depicting DeSantis riding an alligator wearing Minnie Mouse ears, with a pile of burning books in a campfire behind him.

“So that might have helped to stir things up, particularly against Tampa,” said Parry. “I’m sure you could find a show at Orlando Fringe with a title like ‘titty’ or something similar. I’m just certain that the ‘Florida Fever Dream’ show probably didn’t help matters.”

Both producers from Orlando and Tampa are hopeful to reconcile with DeSantis. They have extended invitations to him, his family, and his aides to attend their festivals in 2025 in hopes of fostering understanding.

Fringe producers wrote, “We ask that you reciprocate by welcoming and hosting us in October or November 2024 so that we can build bridges of understanding and deepen your familiarity with the benefits of arts & culture investments, thus empowering you to be an impassioned advocate.”

DeSantis has yet to RSVP.

Contributions to this report were made by Lawrence Mower.

https://www.tampabay.com/news/breaking-news/2024/07/12/fringe-festival-tampa-arts-funding-veto-florida/

Key Updates on Anti-Trans Legislation: Recap of Events from July 8-12

This blog originally appeared at THEM.

The following weekly digest is authored and curated by the Trans Formations Project, a grassroots nonprofit committed to monitoring and raising awareness about the ongoing crisis of anti-trans legislative efforts across the United States.

Editorial Focus: Project 2025

What does Project 2025, an ultraconservative initiative under a Trump presidency, reveal about its stance on trans individuals? The project’s blueprint, known as Mandate for Leadership, provides the rationale behind many of the anti-trans legislative measures tracked by TFP. This extensive manifesto advocates for goals such as eliminating comprehensive sex education (62, 477), limiting rights for trans employees (584-585), curtailing or banning gender-affirming care for minors (345), and imposing further restrictions on speech and expression (5).

This week, we have categorized and analyzed the primary anti-trans objectives within Project 2025, segmented by section.

Executive Actions and Anti-Trans Legislation in Project 2025

Idea: “[T]he primary purpose of consolidating political power is to undermine the family. Its aim is to substitute people’s natural affections and loyalties with unnatural ones” (4).

Goal: Remove “the terms sexual orientation and gender identity (‘SOGI’), diversity, equity, and inclusion (‘DEI’), gender, gender equality, gender equity, gender awareness, gender-sensitive, abortion, reproductive health, reproductive rights…” from all federal rules, agency regulations, contracts, grants, legislation, and regulations (5).

Goal: Replace Biden’s Gender Policy Council with a Domestic Policy Council to “eliminate… the new ‘woke’ gender ideology, which promotes ‘gender affirming care’ and ‘sex-change’ surgeries for minors” (62).

Civil Rights (especially pages 582-585)

dea: “During the Obama and Biden Administrations, every facet of labor policy was utilized to promote race, sex, and other classifications, often discriminating against conservative and religious viewpoints, including pro-life perspectives.”

Goals:

  • “Limit the application of Bostock’s sex discrimination protections to sexual orientation and transgender status specifically in hiring and termination contexts.”
  • “Revoke regulations that prohibit discrimination based on sexual orientation, gender identity, transgender status, and sex characteristics.”
  • “Instruct agencies to concentrate their enforcement of sex discrimination laws on the biological binary definition of ‘sex.'”

Education (especially pages 333-346)

Idea: “There is no scientific or legal justification for redefining ‘sex’ as ‘sexual orientation and gender identity’ under Title IX.”

Goal: “Restore the Trump Administration’s Title IX regulation, emphasizing that ‘sex’ refers to a biologically defined fact recognized at birth; and enhance protections for faith-based educational institutions, programs, and activities.”

Idea: “Federal lawmakers should prevent public school employees from keeping information about a child secret from their parents.”

Goal: “Prohibit educators from using a name other than the one listed on a student’s birth certificate or using a pronoun different from the student’s biological sex without permission from the student’s parent(s) or guardian(s).”

Health & Human Services

Idea: “Permitting parents or physicians to ‘reassign’ the sex of a minor constitutes child abuse” (5).

Goals:

  • Enact a federal Parents Bill of Rights (345).
  • Cease Medicare coverage for gender-affirming surgeries.
  • Eliminate discrimination protections for LGBTQIA+ individuals in the Affordable Care Act (475).

Military (104)

Idea: “Gender dysphoria is inconsistent with the requirements of military service.”

Goal: “Revoke policies permitting transgender individuals to serve in the military.” Note: This objective gained momentum recently in the Senate Armed Services Committee report on the 2025 Military Funding Bill, which includes provisions preventing the Department of Defense (DoD) and its insurance plan from funding gender-affirming surgeries for service members and gender-affirming care for their minor dependents.

The Things We Won

Yale Law School and Yale School of Medicine recently collaborated on a report criticizing the Cass Review, authored by Dr. Hillary Cass in the U.K., which evaluated National Health Service (NHS) guidelines on gender-affirming care. The NHS cited the Cass Report in its recent decision to restrict puberty blockers for transgender minors. Additionally, conservative Indiana lawmakers referenced the Cass Report in IN SB0480, a law banning gender-affirming care for minors enacted last year.

The Cass Report concluded that “there is not a reliable evidence base” to recommend clinical interventions for transgender minors. The Yale review highlighted several critical issues with this conclusion, asserting that the Cass Report “obscures key findings, misrepresents its own data, and misapplies the scientific method.”

Federal prosecutors are currently investigating Dr. Eithan Haim for leaking confidential transgender patient files to conservative journalist Christopher Rufo. Outrage over these documents significantly contributed to the passage of TX SB14, a ban on gender-affirming care for minors. Formerly employed by Texas Children’s Hospital in Houston, Dr. Haim claims whistleblower immunity, alleging exposure of “illegal gender surgeries” on minors.

The hospital contends that all care provided was lawful and accuses Dr. Haim of jeopardizing patient and physician safety by leaking the documents. Dr. Haim has garnered broad support from conservative media and politicians. Ryan Patrick, son of Texas Lt. Gov. Dan Patrick and former U.S. Attorney during the Trump Administration, will represent Dr. Haim in the ongoing legal proceedings.

Read more.

Texas Supreme Court upholds state ban on gender-affirming care for minors

In Austin, the Texas Supreme Court has upheld the state’s ban on gender-affirming care for minors, dismissing arguments from parents that it infringes on their rights to seek medical care for their transgender children.

In a decisive 8-1 ruling issued Friday, the all-Republican court upheld a law effective since September 1, 2023, making Texas the largest of over 25 states to enact laws restricting or banning gender-affirming medical care for transgender minors. Many of these states are facing legal challenges, with the U.S. Supreme Court recently agreeing to hear an appeal concerning similar bans in Tennessee.

The Texas law prohibits transgender minors from accessing hormone therapies, puberty blockers, and transition surgeries, despite medical experts’ consensus that such surgeries are rarely performed on children. Children already undergoing banned treatments must cease them in a medically appropriate manner.

“The Legislature made a permissible, rational policy choice to limit available medical procedures for children, given the nascent understanding of gender dysphoria and its treatments,” the ruling stated, defending the legislative authority to regulate medical practice.

Lambda Legal, a civil rights organization for LGBTQ+ individuals, criticized the decision, asserting that it undermines parental and medical decision-making in favor of political interference.

The lawsuit against the Texas law argued it severely harms transgender teens by denying them crucial medical care recommended by physicians and parents. While a lower court had deemed the law unconstitutional, it remained in effect pending the state Supreme Court’s decision.

This legislative trend reflects broader challenges to transgender rights, extending from healthcare to participation in sports and access to public facilities. As restrictions increase, families often face the burden of seeking necessary care out of state due to local shortages.

The Texas law, signed by Republican Governor Greg Abbott, has sparked significant controversy and activism, including protests during legislative sessions by transgender rights advocates.

Medical organizations such as the American Medical Association and the American Academy of Pediatrics support gender-affirming care for youths, emphasizing its role in alleviating gender dysphoria and promoting mental well-being. Despite opposition citing concerns about irreversible decisions, medical experts emphasize the benefits supported by research and clinical experience.

Judge’s Order Significantly Broadens Restrictions on Biden’s Enforcement of New Rule Protecting LGBTQ Students

This blog originally appeared at NBC NEWS.

Republicans contend that the rule is a tactic by the Biden administration to permit transgender females to participate in girls’ and women’s sports teams.

Kansas high school students, family members and advocates rally for transgender rights in Topeka on Jan. 31.

By The Associated Press

TOPEKA, Kan. — A federal judge in Kansas has blocked the enforcement of a federal rule that expands anti-discrimination protections for LGBTQ students in four states and various other locations.

U.S. District Judge John Broomes ruled on Tuesday, suggesting the Biden administration reconsider whether enforcing the rule is “worth the effort.”

This ruling is the third of its kind in less than three weeks but is more extensive, affecting Alaska, Kansas, Utah, and Wyoming, which challenged the rule. It also impacts a Stillwater, Oklahoma, middle school involved in a lawsuit and members of three groups supporting Republican efforts to roll back LGBTQ rights nationwide: Moms for Liberty, Young America’s Foundation, and Female Athletes United.

Judge Broomes, appointed by former President Donald Trump, ordered these groups to list the schools their members’ children attend so those schools also don’t have to comply with the rule. Kansas Attorney General Kris Kobach, who argued the case for the states, said this could affect thousands of schools.

Watch more: https://www.nbcnews.com/now/video/transgender-students-navigates-florida-s-anti-lgbtq-law-213790277943

The Biden administration rule, set to take effect in August under the Title IX civil rights law of 1972, aims to prohibit sex discrimination in education. Judge Broomes’ order will remain in effect through the trial of the lawsuit in Kansas, with the judge indicating that the states and three groups are likely to prevail.

Republicans have argued that the rule is a tactic by the Biden administration to permit transgender females to participate in girls’ and women’s sports, a practice that is banned or restricted in Kansas and at least 24 other states. The administration has clarified that the rule does not apply to athletics. Opponents of the rule have also framed the issue as protecting the privacy and safety of women and girls in bathrooms and locker rooms.

Watch more: https://www.msnbc.com/ana-cabrera-reports/watch/supreme-court-to-hear-case-on-gender-affirming-care-for-minors-213550661957

Besides Broomes, two other federal judges issued rulings in mid-June blocking the new rule in 10 additional states. The rule aimed to protect LGBTQ students by expanding the definition of sexual harassment at schools and colleges and adding safeguards for victims.

Like the other judges, Broomes deemed the rule arbitrary and concluded that the Department of Education and its secretary, Miguel Cardona, exceeded the authority granted by Title IX. He also determined that the rule violated the free speech and religious freedom rights of parents and students who reject transgender students’ gender identities and wish to express those views at school or in public.

Broomes stated in his 47-page order that it is up to the Biden administration “to determine in the first instance whether continued enforcement in compliance with this decision is worth the effort.”

Broomes also expressed concerns that non-transgender students’ privacy and safety could be compromised by the rule. He referenced an Oklahoma middle school student’s statement that “on some occasions” cisgender boys used a girls’ bathroom “because they knew they could get away with it.”

“It is not hard to imagine that, under the Final Rule, an industrious older teenage boy may simply claim to identify as female to gain access to the girls’ showers, dressing rooms, or locker rooms, so that he can observe female peers disrobe and shower,” Broomes wrote, reflecting a common but largely debunked narrative from anti-trans activists about gender identity and school accommodations for transgender students.

Jury Convicts Blaze Bernstein’s Killer of Murder and Hate Crime Against LGBTQ+ Community – LGBTQ Nation

This blog originally appeared at LGBTQ NATION.

The courtroom erupted in cheers as Woodward’s conviction was announced.

Samuel Woodward (left) was arrested on suspicion of homicide in the death of Blaze Bernstein (right).
Photo: Orange County Sheriff’s Department

During the three-week trial, Samuel Woodward, convicted of murdering gay, Jewish student Blaze Bernstein, was found guilty of first-degree murder with a hate crime enhancement. Despite attempts by Woodward’s attorney to portray the killing as a spontaneous, irrational act, the jury remained unconvinced. The hate crime verdict prompted audible cheers throughout the courtroom, which the judge had to quiet down.

Woodward is scheduled to be sentenced to life in prison without parole on October 24th.

Bernstein’s family rejoiced at the verdict.

“This ruling brings us great relief, knowing that justice has been served and this dangerous individual who took our son’s life will no longer pose a threat to anyone else. We can now move forward knowing that he can’t hurt anyone else,” said Blaze’s mother, Jeanne Pepper Bernstein, in an interview with NBC News Los Angeles.

In a statement, Blaze’s family expressed their sentiments: “No verdict can bring Blaze back. He was an exceptional human being—a humanitarian with so much potential ahead. We will forever miss his wit, kindness, intelligence, and the myriad talents he possessed as a scientist, artist, writer, chef, and son. There will never be another like him, and his potential will forever remain unrealized and unshared.”

Woodward’s attorney, Ken Morrison, acknowledged his client’s guilt in an interview with ABC News: “I admitted from the outset that my client was guilty of a serious, violent homicide. However, it’s important to recognize that there are different degrees and types of homicide.”

Blaze was murdered by Woodward during Blaze’s visit to California. The two had been classmates and had agreed to meet up. During their conversation at a park, Woodward attacked Blaze, fatally stabbing him 28 times in the darkness.

“After killing Bernstein, burying his body, and cleaning up the scene, Woodward texted a friend, ‘Hey man, life is good,’” revealed the Orange County District Attorney’s office.

During the trial, Woodward described feeling overwhelming anger, which led to the relentless stabbing. When asked by his defense attorney how many times he had stabbed Bernstein, Woodward replied, “No.”

Discrepancies emerged in Woodward’s testimony during the trial compared to statements he made in 2018 shortly after the crime. Initially, he claimed Blaze had briefly left and returned, attempting to kiss Woodward, which supposedly triggered the attack. In his trial testimony, however, Woodward alleged Bernstein had groped him while intoxicated and threatened to distribute compromising photos online.

No evidence supported Woodward’s claims. Conversely, evidence from both men’s phones contradicted his account.

Woodward failed to mention during his testimony that he had previously relocated to Texas to train with the neo-Nazi hate group, Atomwaffen Division. This group advocates for violent, militia-style actions targeting minorities, including LGBTQ+ individuals.

At the time of the murder, Woodward possessed over 100 pieces of extremist content on his phone, laptop, and social media accounts, including racist, anti-Semitic, and homophobic material.

In the months leading up to the murder, Woodward had sent violent messages on Grindr, posing as “gay curious” before using derogatory language and advocating violence and death against gay men. Two weeks before the murder, he posted a photo of a bloody knife on Snapchat with the caption, “Texting is boring, but murder isn’t.”

“Hate has no place in Orange County,” emphasized District Attorney Todd Spitzer. “Woodward stands as a stark reminder of our commitment to safeguarding vulnerable members of society from violence fueled by hatred and fear, not as a figure to be admired by other hate groups.”

Senior Deputy District Attorney Jennifer Walker, speaking to ABC News, expressed relief for the Bernsteins: “I’m incredibly happy for the Bernsteins because this has been an agonizing process. Woodward had his bags packed, was already in contact with Atomwaffen members about leaving the area, and thought he could get away with it. It’s only by the grace of God that the rain came and led to the discovery of Bernstein’s body.”

Read more

The megachurch led by a pastor closely associated with Trump settles a case involving allegations of covering up sex abuse.

This blog originally appeared at LGBTQ NEWS.

The church reportedly delayed a police investigation and then harassed a member after her child was sexually assaulted.

Gateway Church, an evangelical megachurch located in Southlake, Texas, has reached a legal settlement concerning allegations that five church pastors and a youth leader covered up a child sexual assault perpetrated by another church member. The pastors reportedly failed to report the assault to law enforcement or the child’s mother, delayed investigating the incident, and subjected both the victim and her mother — devoted church members — to punitive measures.

This settlement follows the recent resignation of Robert Morris, the church’s founder and a former member of Donald Trump’s evangelical executive advisory board. Morris stepped down shortly after publicly acknowledging that he had molested a 12-year-old girl during his tenure as a 20-year-old pastor.

In August 2020, an unnamed mother filed a recently settled lawsuit on behalf of her daughter. According to The Christian Post, both frequently attended worship services, church-sponsored functions, and participated in various ministries. The alleged sexual assault by an unnamed church member took place around March 14, 2018, at the member’s residence.

The recently settled lawsuit, filed in August 2020 by an unnamed mother on behalf of her daughter, detailed concerning allegations involving Church youth leader Logan Edwards. Edwards reportedly learned of the assault from conversations with the alleged assaulter and two other young church members, as stated in the lawsuit. Despite this knowledge, five church pastors — Kelly Jones, Rebecca Wilson, Samantha Golden, Mondo Davis, and Sion Alford — allegedly took no legal action. They reportedly spoke multiple times with the accused member and their parents but did not file a formal complaint with child protective or law enforcement agencies, nor did they inform the victim’s mother about the alleged assault.

“When the mother discovered the assault, she reported it to the Haltom City Police Department,” the lawsuit stated. Subsequently, the pastors allegedly engaged in efforts to conceal, distort, and discredit the assault accusations during the police investigation. This purported concealment, according to the lawsuit, allowed significant evidence of the alleged criminal assault to degrade, hampering law enforcement’s ability to conduct an accurate investigation.

Additionally, church leaders purportedly encouraged Gateway members to ostracize the minor’s mother and removed her from ministries where she had served diligently. As a result, the mother and daughter reportedly experienced profound shame, embarrassment, and emotional distress.

Although the lawsuit sought damages ranging from $200,000 to $5,000,000, the church settled for an undisclosed amount on April 18. The church emphasized it admitted no liability and settled solely to “buy peace,” according to a public statement.

Previously, the church reportedly settled a 2016 lawsuit involving allegations that church leaders destroyed video footage showing a boy sexually assaulting another in the church’s child care program, as reported by WFAA.

Last month, Gateway Church’s founder, Robert Morris, publicly admitted to molesting a 12-year-old girl on Christmas night in 1982 when he was 20 years old and staying with her family. Morris, who was married with a young son at the time of the molestation, is now 62 years old. He resigned shortly after his admission garnered national attention.

Read more

Leaked Memo: Trans Floridians No Longer Allowed to Update Gender on Driver’s Licenses | Them

This blog originally appeared at THEM.

The memo also stated that gender is a synonym for sex, which is “determined by innate and immutable biological characteristics.”

Florida officials have quietly revoked a policy that allowed transgender residents to change the gender marker on their driver’s licenses, coinciding with other efforts to halt the state’s legal recognition of trans people.

A leaked memo dated January 26 from Robert Kynoch, deputy executive director of the Florida Department of Highway Safety and Motor Vehicles (DHSMV), indicates that the department has immediately ended its policy of reissuing licenses to update gender markers, a practice in place since 2018. Instead, “gender” will once again be considered “a synonym for ‘sex,’” which Kynoch claimed is “determined by innate and immutable biological characteristics.”

Independent journalist and legal analyst Alejandra Caraballo, who posted a screenshot of the memo on X (formerly Twitter) Monday night, was the first to publicize the policy change. Although no DHSMV representative has publicly commented on the memo’s veracity, Florida Rep. Anna Eskamani appeared to confirm its authenticity on Tuesday. Eskamani stated that as of January 30, DHSMV computer systems already appear to disallow changes to a registered driver’s gender.

“This is another gross example of how every state agency has been weaponized to attack trans people,” Eskamani wrote.

Florida Democratic Party (FDP) leaders echoed this sentiment. “Florida Republicans’ obsession with trans people has to stop,” FDP chair Nikki Fried said in a statement on Tuesday. Fried specifically called out Gov. Ron DeSantis and described a pattern of similar, covert rule changes throughout his administration.

“We’ve seen state agencies continually weaponized under Ron DeSantis, and this rule change at DHSMV serves the same purpose as the rest — allowing right-wing extremists to get the wildly unpopular policies they want without having to go on the record as voting for them,” Fried stated.

LGBTQ+ Democratic Caucus president Nathan Bruemmer concurred, saying, “Our government agencies must remember that their responsibility is to serve Floridians — not the failed agenda of a power-hungry Governor who is out of touch with the people of Florida.”

Kynoch’s letter also warned of possible civil and criminal fraud charges for “misrepresenting one’s gender” on official identification. This is a concern for trans Floridians needing renewals, but those with valid IDs shouldn’t panic yet, Southern Legal Counsel attorney Simone Chriss told NBC affiliate WTVJ.

“There’s no reason for individuals who currently have a driver’s license or identification card that reflects their gender identity to be concerned,” Chriss explained. “The DHSMV or the police have no authority to suspend or revoke their licenses.”

The new DHSMV policy seems like an overture to new Republican-sponsored bills in the Florida legislature, which, if passed, would effectively end legal recognition of trans identities in the state. These proposals, similar to Kynoch’s letter, define “sex” strictly as a genetic binary and would require Floridians to sign an affidavit declaring their “biological sex” as a driver’s license requirement.

Ironically, because federal law still recognizes “gender” as a lived experience rather than a genetic binary, the DHSMV rule change may place Florida’s ID policies in conflict with the Real ID Act. Florida is also grappling with an actual ID fraud and identity theft crisis, but instead of addressing these issues, the focus seems to be on persecuting queer people.

https://www.them.us/story/trans-floridians-will-no-longer-be-allowed-to-change-their-gender-markers-leaked-memo

Police Now Say They Haven’t Ruled Out Fight as a Factor in Nex Benedict’s Death

This blog originally appeared at THEM.

Officials had previously said that Benedict “did not die as a result of trauma.”

This article contains a description of violence against a gender nonconforming person.

Police in Owasso, Oklahoma, now say they have not ruled out the fight at school as a cause in the death of 16-year-old Nex Benedict earlier this month, after initially stating that the high schooler did not die as a result of “trauma.”

Benedict, whom friends say used he/him and they/them pronouns, died suddenly on February 8 following an alleged attack in an Owasso High School (OHS) girl’s bathroom the previous day. In video footage of a police interview released by the Owasso Police Department (OPD), the trans teen, who was of Choctaw ancestry, said he was physically beaten by three older girls. Benedict’s mother, Sue, told The Independent that during the fight, Nex had hit his head on the floor and afterward had bruising around his eyes and scratches on the back of his head. However, on February 21, the Owasso police department (OPD) stated that preliminary findings from Benedict’s autopsy indicated they “did not die as a result of trauma,” leading some news media to report that the fight played no role in their death.

In comments to NBC this week, OPD spokesperson Lt. Nick Boatman clarified that the department did not believe the fight was entirely unrelated to Benedict’s death. “We did not interpret that in any way,” Boatman said, referring to the term “trauma” as it appeared in the medical report, and added that “people shouldn’t make assumptions either way.” Boatman also told NBC the department has no timeline on when toxicology reports will be completed, saying such reports can take months, and confirmed no arrests had been made nor charges filed in the case as of February 26.

Boatman said that OPD released its statement last week in response to a “fury of misinformation on social media,” including the allegation that Benedict needed to be carried to the school nurse’s office on February 7, which Boatman claimed was untrue. That allegation seems to have originated from an anonymous source who spoke to local news station KJRH shortly after Benedict’s death, claiming to be the mother of the other victim of the attack.

In bodycam footage of OPD officer Caleb Thompson’s interview with Benedict and their mother on February 7, Benedict alleges that the three attackers were girls who had bullied them and their friends for at least a week, by calling them names and throwing things at them “[b]ecause of the way we dress.” Benedict said that day he poured water on one of the girls in retaliation, after which “they came at me […] started beating the shit out of me,” he recalled. Thompson can be heard in the video responding that if charges were filed, a court could find Benedict at fault because he “initiated” the fight, which would likely be seen as “mutual.”

“[They’re] the one who started the domino effect. If [they] had never done that, we may not even be here,” Thompson tells Nex and their mother Sue Benedict in the video.

Approximately 40 of the teen’s classmates at OHS staged a walkout on Monday to protest what they described as unchecked anti-LGBTQ+ bullying at their school. LGBTQ+ and Native communities across Oklahoma have mourned Benedict’s untimely passing, with adults and students alike expressing their grief at a candlelight vigil in Owasso on February 25.

“For some reason, it feels like I’m always looking for them wherever I go, even though I was there at the funeral,” Benedict’s classmate Ally told mourners at the Sunday night vigil. “I always scan crowds, hoping they’ll come back to our class. I miss them a lot.”

https://www.them.us/story/nex-benedict-police-say-they-havent-ruled-out-fight-factor-death?utm_source=nl&utm_brand=them&utm_mailing=THEM_weekly_022824&utm_campaign=aud-dev&utm_medium=email&bxid=647003a05dfaff5d630fbb31&cndid=74113754&hasha=90d5433b1347095329a6ab5df0bd392d&hashb=555b342b6918faf1a5515da1bc4cf5731fa62fa0&hashc=f4ee38a7ae4ef690cecccbdd27678ec522f6d3c6f45bef0cc5001fd7abe7557b&esrc=bouncex-test&utm_term=THEM_Daily

Lesbian lawyer Nicole Berner confirmed as federal appeals court judge

This blog originally appeared at ADVOCATE.

Berner will make history as the first openly LGBTQ+ member to serve on the U.S. Court of Appeals for the Fourth Circuit.

Nicole Berner, a lesbian attorney known for her advocacy in labor and reproductive rights, along with her landmark parental rights case in Israel, has been confirmed by the U.S. Senate as the first openly LGBTQ+ judge on the U.S. Court of Appeals for the Fourth Circuit.

According to The Washington Post, Berner was confirmed on Tuesday by a vote of 50-47. All Republicans who voted opposed her confirmation, along with one Democrat, Joe Manchin of West Virginia.

Democratic Sen. Ben Cardin of Maryland emphasized the importance of a diverse judiciary before the vote, stating that a more inclusive bench better represents the population served by judges and enhances judicial decision-making. Both Cardin and Maryland’s other U.S. senator, Democrat Chris Van Hollen, supported President Joe Biden’s nomination of Berner, who resides in Maryland.

The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. According to the Post, the court has shifted from being one of the most conservative to one of the most liberal in the nation over the past decade.

Berner served as a staff attorney at Planned Parenthood Federation of America from 2004 to 2006. She then held several legal roles at the Service Employees International Union, eventually becoming general counsel in 2017. Additionally, she is a partner at James & Hoffman, a labor and employment litigation firm located in Washington, D.C.

Nicole Berner was instrumental in a groundbreaking case for parental rights for same-sex couples in Israel. While residing in the country with her then-wife, Ruti Kadish, in 2000, Berner initiated legal action against the national government to secure recognition as the adoptive mother of Kadish’s biological son, Matan. Her efforts were successful, marking Matan as the first child in Israel legally acknowledged to have two mothers.

During her tenure at Planned Parenthood, Berner actively opposed abortion restrictions and advocated for access to the abortion medication mifepristone. At the Service Employees International Union (SEIU), where she rose to the position of general counsel in 2017, she represented workers in numerous cases involving labor rights. Berner also participated in legal briefs supporting marriage equality, defending the Affordable Care Act, and challenging immigration policies imposed by Donald Trump.

“Ms. Berner is a brilliant lawyer who has defended and advanced our civil and human rights, including the rights of working people, reproductive rights, and LGBTQ rights,” stated Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, which backed Berner’s confirmation. “Her dedication to equal justice is evident across her life and legal career, and we eagerly anticipate her contributions from the bench.”

“In addition to becoming the first openly LGBTQ+ judge on the Fourth Circuit, Nicole Berner is only the third woman from the LGBTQ+ community to serve on any federal appeals court. Her appointment marks the 11th LGBTQ+ person appointed to the federal courts by President Biden, matching the record set by President Barack Obama. Berner also holds the distinction of being the first Jewish judge on the Fourth Circuit in many years.

“Her confirmation brings essential lived experiences to the court and sends a powerful message to young LGBTQ+ lawyers, law students, and aspiring judges that they have a place on the federal bench,” stated Maya Wiley. “This is significant because the demographic and professional diversity she represents is sorely lacking in our federal courts, and it helps to enhance judicial decision-making, strengthen public trust, and bolster our democracy.”

“People for the American Way President Svante Myrick expressed great satisfaction with Nicole Berner’s confirmation. ‘We are thrilled by today’s confirmation of Nicole Berner, whose exceptional legal acumen, extensive experience, and dedication to justice will undoubtedly make her an outstanding federal judge,’ he stated.

“Myrick further praised Berner’s altruism, highlighting her advocacy for workers at SEIU and her defense of reproductive rights at Planned Parenthood. He also noted her early career contributions, including the establishment of an organization supporting Israeli women affected by violence and her leadership in democracy workshops for Arab and Jewish children. ‘Her confirmation underscores the critical importance of continuing to confirm President Biden’s judicial nominees,’ Myrick concluded.”

https://www.advocate.com/news/nicole-berner-lesbian-judge-confirmed

Judge rules that DeSantis’s ban on transgender care is unconstitutional

This blog originally appeared at WASHINGTON POST.

A federal judge blocked most provisions of the law pushed by Florida Gov. Ron DeSantis that banned gender-affirming care for children and restricted it for adults.

“The decision, issued on Tuesday, struck down most of a law supported by Florida Governor Ron DeSantis (R) that severely restricted transgender healthcare for adults and completely banned it for children.

U.S. District Judge Robert L. Hinkle rejected a prevailing argument from the DeSantis administration that denied the existence of transgender individuals, emphasizing in his ruling that “gender identity is real” and that the state cannot withhold treatment from them. Hinkle drew parallels between prejudice against transgender people and discrimination rooted in racism and misogyny.

“Florida has enacted legislation and regulations that prohibit gender-affirming care for minors, even when it is medically necessary,” Hinkle wrote. “This ban violates the Constitution.”

The decision, which arose from a lawsuit filed by parents of transgender children and adults, was celebrated by many in the LGBTQ community as a significant triumph. While several states have recently banned gender-transition care for minors, Florida’s law was the first to restrict care for adults.”

Under the legislation, nurse practitioners were prohibited from prescribing hormones to transgender adults. Although doctors could technically provide care, a shortage of physicians meant that many transgender adults struggled to find accessible treatment. Some individuals left the state, while others went without necessary medical care.

Joey Knoll, who established Spektrum Health in Orlando in 2018 to provide healthcare to transgender individuals, stated that Hinkle’s ruling allows him and his team to promptly address a backlog of over 300 patients awaiting hormone prescriptions.

“Judge Hinkle clearly identified this as a situation involving bias and discrimination,” Knoll remarked. “He thoroughly examined the evidence and acknowledged that fact.”

Jeremy Redfern, press secretary for Governor DeSantis, indicated that the state plans to appeal the decision.

“In an email, Redfern wrote, ‘Under Governor Ron DeSantis, Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’ He added that the law limiting transgender care was passed by elected representatives to protect the children of this state and that Hinkle was wrong to override their wishes.”

“These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror,” Redfern wrote.

In his decision, Hinkle, appointed by President Bill Clinton, referenced statements from DeSantis and Republican legislators regarding “mutilating our children,” yet noted the state provided no evidence that such surgeries have ever occurred in Florida.

The plaintiffs in the lawsuit did not contest the restrictions on surgeries.

Judge Hinkle also criticized the “frenzied rhetoric” from Tallahassee, highlighting a lawmaker who publicly referred to transgender witnesses during a committee hearing on a related bill as “mutants” and “demons,” which he described as “direct evidence of that member’s animosity.”

Furthermore, the law, in conjunction with regulations from the state’s Health Care Administration board, mandated that healthcare providers obtain patient signatures on lengthy forms that Hinkle deemed “inaccurate and misleading in significant ways.”

One of the Floridians who sued, Lucien Hamel, said the decision was a relief.

“The state has no place interfering in people’s private medical decisions, and I’m relieved that I can once again get the healthcare that I need here in Florida,” Hamel said in a statement released by the lawyers who represented him and others in the case.

The mother of another plaintiff, who sued under the name Susan Doe to protect her daughter’s identity, also cheered the ruling.

One of the plaintiffs in the lawsuit, Lucien Hamel, expressed relief at the decision.

“The state has no right to interfere in people’s private medical decisions, and I’m relieved that I can once again access the healthcare I need here in Florida,” Hamel said in a statement issued by the attorneys representing him and others involved in the case.

The mother of another plaintiff, identified as Susan Doe to protect her daughter’s identity, also celebrated the ruling.

“This decision means I won’t have to witness my daughter suffering unnecessarily because I couldn’t provide her with the care she needs,” she remarked in a statement. “Seeing Susan’s anxiety over this ban has been one of the most difficult challenges we’ve faced as parents. All we ever wanted was to alleviate that fear and support her in continuing to be the happy, confident child she is today.”

Judge calls DeSantis ban on transgender care unconstitutional https://www.washingtonpost.com/nation/2024/06/11/florida-lgbtq-trans-health/

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