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

July 5, 2024 1

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

July 5, 2024 0

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

July 2, 2024 0

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/

June 26, 2024 1

Every Louisiana Public School Classroom Now Required to Display the Ten Commandments

This blog originally appeared at THEM.

All Public School Classrooms in Louisiana Are Now Required to Display the Ten Commandments

The law went into effect this week and applies to all public K-12 schools as well as private schools that receive government funding.

Louisiana Governor Jeff Landry signed a new law this week requiring all public and state-funded schools to prominently display the “Ten Commandments,” making Louisiana the first U.S. state to implement such a policy.

Landry, a Republican, signed House Bill 71 into law on Wednesday, following its approval in the House by a 79-16 vote late last month. The law, which takes effect immediately, mandates that all public schools and private educational institutions receiving government funding display the Ten Commandments in every classroom and office building. The law specifies the language to be used for each commandment, requires the displays to be at least 11 by 14 inches in size, and ensures the text is the “central focus of the poster” and “printed in a large, easily readable font.” (Perhaps they’ll make an exception for Papyrus.)

Louisiana is now the only U.S. state requiring schools to display the Ten Commandments. However, since 2001, Mississippi has mandated state schools to post the motto “In God We Trust,” a requirement Louisiana matched last year.

HB 71 was authored by GOP Rep. Dodie Horton, who has been in office since 2015. Horton is also the chief sponsor of HB 122, which recently passed both chambers of the state legislature and awaits Governor Landry’s signature. This bill would prohibit K-12 teachers from discussing sexual orientation or gender with students under most circumstances, an effort Horton first attempted unsuccessfully in 2022.

During the debate on HB 71 in April, Horton expressed her intent to integrate more conservative Christian principles into state law, as reported by the Times-Picayune.

“I’m not concerned with an atheist. I’m not concerned with a Muslim,” Horton said, referring to non-Christian teachers. “I’m concerned with our children looking and seeing what God’s law is.”

However, Horton’s rhetoric contrasts with other Republicans, such as Sen. J. Adam Bass, who argued that the bill’s purpose was “not solely religious.” According to the Times-Picayune, Bass maintained that the commandments hold “historical significance” to the U.S. as “one of many documents that display the history of our country and foundation of our legal system.”

On Wednesday, the same day Landry signed HB 71 into law, representatives from the American Civil Liberties Union, the ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom from Religion Foundation announced their intention to challenge the law in a joint statement.

“The displays mandated by HB 71 will result in unconstitutional religious coercion of students, who are legally required to attend school and are thus a captive audience for school-sponsored religious messages,” the groups wrote. “Even among those who may believe in some version of the Ten Commandments, the particular text that they adhere to can differ by religious denomination or tradition. The government should not be taking sides in this theological debate, and it certainly should not be coercing students to submit day in and day out to unavoidable promotions of religious doctrine.”

https://www.them.us/story/ten-commandments-law-louisiana

June 26, 2024 1

Utah’s Anti-Trans Bathroom Snitch Line Got 12,000 Tips. None Could Be Verified.

This blog originally appeared at THEM.

Utah’s Anti-Trans Bathroom Snitch Line Got 12,000 Tips. None Could Be Verified

Six Weeks After Launch, Utah’s Anti-Trans Bathroom Tip Line Received 12,000 Reports, None Verified

Six weeks after Utah Republicans introduced a public “snitch form” to report transgender individuals using bathrooms in government facilities, the state auditor’s office has received over 12,000 reports—none of which could be verified.

The tip line was established following the passage of HB 257, sponsored by second-term GOP Rep. Kera Birkeland. The law mandates that all government bathrooms and locker rooms be designated based on a person’s assigned sex at birth. It also requires government institutions to create their own “privacy compliance plan” in accordance with the law. Violations are classified as criminal trespass offenses, a class A misdemeanor in Utah.

However, shortly after the form went live in early May, it was inundated with spam, including numerous memes and at least one picture of bull testicles.

Since its launch, the form has received more than 12,000 submissions, Utah Auditor John Dougall confirmed to the Salt Lake Tribune this week. Just five of those were deemed “plausible,” Dougall said, but his office was “unable to substantiate” any of them. In essence, the tip line has produced no verifiable cases.

The closest Dougall reportedly came to finding a case to pursue was from a report against the state Department of Corrections, which did not come through the online form. According to the Tribune, Dougall’s office received a letter earlier this month alleging that an employee in the administrative offices allowed an individual to use a sex-designated restroom that did not align with their sex. However, Dougall confirmed he was unable to substantiate the complaint.

Dougall also noted that he has instructed state agencies to adopt “privacy compliance plans,” but there has been significant confusion about how to implement these plans. According to a statement from Dougall’s office to the Tribune, “there is a lack of clarity regarding which entity has the duty to adopt a privacy compliance plan in situations when multiple entities either share use or control of facilities for which a plan is required.” Essentially, the overlapping jurisdiction of government facilities complicates the establishment and oversight of these policies.

In summary, Utah Republicans have likely invested hundreds of work hours and significant taxpayer dollars on a tip line that, in a month and a half, has primarily been used for trolling. Utah Auditor John Dougall has been particularly critical of this debacle. He has released multiple videos on social media mocking his new role as a government “bathroom monitor” and criticizing Rep. Kera Birkeland and other legislators for enacting HB 257.

“It seems like this part of the bill was more about show than substance,” remarked John Dougall in a video filmed in a public bathroom and released in mid-May. “But it wouldn’t be the first time the legislature did something like that, would it?”

https://www.them.us/story/utah-anti-trans-bathroom-tipline-none-verified

June 25, 2024 0

Supreme Court to decide whether states can restrict gender-affirming care for minors | CNN Politics

This blog originally appeared at CNN.

Supreme Court to rule on states’ ability to limit gender-affirming care for minors

CNN – The Supreme Court agreed on Monday to hear the Biden administration’s challenge to Tennessee’s transgender care ban, addressing the contentious issue of gender-affirming care in depth for the first time.

The Tennessee law, enacted last year, prohibits hormone therapy and puberty blockers for minors and imposes civil penalties on doctors who violate these prohibitions. This law is part of a growing trend of state legislation targeting transgender care.

According to the Human Rights Campaign, nearly half of U.S. states have enacted bans on transgender care for minors.

The case is scheduled to be heard this fall.

“The Supreme Court was always going to have to resolve how state bans on gender-affirming medical care can be reconciled with its approach to sex-based discrimination,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “Today’s grant sets up this issue as one of the early blockbusters for the Court’s upcoming term.”

Laws in Kentucky and Tennessee were challenged by the Biden administration and families of transgender minors. However, the Supreme Court only agreed to hear the Biden administration’s challenge against the Tennessee law.

In September, the 6th US Circuit Court of Appeals in Cincinnati reversed a district court ruling that had blocked the enforcement of the gender-affirming care ban. This decision allowed the ban to take effect.

Republican lawmakers supporting the ban argue that decisions about gender-affirming care should be made once an individual reaches adulthood. Opponents contend that these laws not only violate the civil rights of transgender youth but also infringe on parents’ rights to make medical decisions for their children.

Tennessee’s law prohibits medical providers from performing procedures that “enable a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or “treat purported discomfort or distress from a discordance between the minor’s sex and asserted identity.”

Legal battles over similar bans have been progressing through federal courts for over a year. In April, the Supreme Court temporarily allowed Idaho officials to enforce a strict statewide ban on gender-affirming care for most minors, though it did not resolve the underlying legal questions.

Several advocacy groups for transgender youth have urged the Supreme Court to strike down Tennessee’s law.

“It’s simple: Everyone deserves access to the medical care that they need, and transgender and non-binary young people are no exception,” said Kelley Robinson, president of the Human Rights Campaign. “No politician should be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice.”

Lucas Cameron-Vaughn, an attorney with the American Civil Liberties Union of Tennessee, criticized state lawmakers for using the bans to “fuel divisions for their own political gain.”

“It’s crucial to recognize that for trans youth and their families, this isn’t about politics,” Cameron-Vaughn said. “It’s about the fundamental freedom to access vital, life-saving healthcare.”

Tennessee Attorney General Jonathan Skrmetti, a Republican, expressed his eagerness to defend the law.

“This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity,” he said.

June 25, 2024 0

Texas Lt. Governor Suggests State Should Have Implemented Ten Commandments in Schools Before Louisiana

On X, Lt. Gov. Dan Patrick directly called out Texas House Speaker Dade Phelan for killing the bill “by letting it languish in committee for a month.”

AUSTIN, Texas — Following reports that Louisiana might become the first state to mandate the display of the Ten Commandments in every public school classroom, Texas Lieutenant Governor Dan Patrick criticized Texas House Speaker Dade Phelan for allowing similar legislation to stall in committee.

On Thursday, Lt. Governor Patrick made multiple posts on X, formerly known as Twitter, calling out House Speaker Phelan.

“Texas WOULD have been and SHOULD have been the first state in the nation to put the 10 Commandments back in our schools,” Patrick said in a post on X. “But, SPEAKER Dade Phelan killed the bill by letting it languish in committee for a month assuring it would never have time for a vote on the floor.”

Senate Bill 1515, which failed to advance from committee in the last legislative session, aimed to mandate the display of the Ten Commandments in Texas public elementary and secondary school classrooms.

In his post, Patrick pledged to reintroduce the bill in the Senate during the next session.

In another X post, the lieutenant governor persisted in attributing the demise of Senate Bill 1396, which proposed a “period of prayer and Bible reading” in Texas public schools, to House Speaker Phelan.

June 24, 2024 0

Paxton halts Biden’s Title IX rule safeguarding LGBTQ+ students in Texas

This blog originally appeared at KXAN.

Paxton blocks Biden’s Title IX rule protecting LGBTQ+ students in Texas

FILE – Texas Attorney General Ken Paxton speaks at a news conference in Dallas on June 22, 2017. Paxton says he’s investigating a key Boeing supplier that is already under scrutiny by federal regulators over the quality of its work on Boeing planes, Friday, March 29, 2024. (AP Photo/Tony Gutierrez, File)

AUSTIN (KXAN) — Texas Attorney General Ken Paxton has blocked the Biden Administration’s Title IX rule aimed at protecting LGBTQ+ students from sex-based discrimination and harassment, according to a Tuesday release from Paxton’s office.

The rule was designed to protect all students and employees from sex discrimination, including providing comprehensive protections against sexual violence and other forms of sex-based harassment.

In the release, Paxton claimed a “major” victory against the Biden Administration’s Department of Education’s attempt to amend Title IX, alleging it would force Texas schools to adopt radical “transgender” policies that violate state and federal law.

“Joe Biden’s unlawful effort to weaponize Title IX for his extremist agenda has been stopped in its tracks,” Paxton stated. “Threatening to withhold education funding by forcing states to accept ‘transgender’ policies that put women in danger was plainly illegal. Texas has prevailed on behalf of the entire Nation.”

The Biden Administration’s changes to Title IX are scheduled to take effect nationwide on Aug. 1, except in states where it has been blocked.

June 21, 2024 0

Texas risks losing billions in federal funds over LGBTQ directive, Democrats say

Democrats warn that Texas could forfeit billions in federal funds due to Abbott’s LGBTQ directive.

Texas colleges and universities face the imminent risk of losing billions in federal funding if they adhere to Governor Greg Abbott’s directive to disregard a new federal rule strengthening nondiscrimination protections for LGBTQ students, according to Democrats who addressed a state education board on Monday.

In a letter of congressional inquiry to Texas’s Higher Education Coordinating Board, which oversees public post-secondary education, four House Democrats from Texas cautioned that public colleges could jeopardize students’ civil rights and forfeit government funding by following Abbott’s orders to ignore amendments to Title IX. This federal civil rights law prohibits sex discrimination in schools and educational programs receiving federal funding and was updated by the Education Department in April to include protections based on sexual orientation and gender identity.

The rule, set to take effect on August 1, has faced temporary injunctions in ten states led by Republicans, including Texas, where Abbott labeled the changes as “illegal” in an April letter to President Biden.

Led by Rep. Jasmine Crockett (D-Texas) and signed by Democratic Reps. Sylvia Garcia, Al Green, and Sheila Jackson Lee, the letter accused Abbott and other officials of using educational institutions as “political pawns.”

“If Texas educational institutions fail to adjust their policies in accordance with the forthcoming Title IX revisions, the consequences would be devastating,” the lawmakers wrote. “Losing billions of dollars of federal funding would prevent institutions from offering scholarships crucial for students to afford and access higher education. Hundreds of thousands of potential Texas students would face a threat to their educational opportunities.”

Democrats argued that failure to comply with the Biden administration’s rule, which also strengthens protections for pregnant students and changes how schools handle sexual misconduct claims, could undermine students’ civil rights. They referenced a recent lawsuit by University of Texas at Austin professors challenging provisions allowing student absences for out-of-state abortions and mandating respect for transgender and gender-nonconforming students’ pronouns.

“A federal judge recently sided with Texas Attorney General Ken Paxton (R) by blocking similar changes proposed by the Biden administration last year,” the letter noted. Despite Title IX being a federal law, enforcement methods vary by administration, impacting schools that receive federal funding.

Efforts by House and Senate Republicans to challenge the rule through disapproval resolutions and lawsuits in numerous Republican-led states remain ongoing, reflecting broader opposition to the Biden administration’s regulatory changes.

June 20, 2024 0