AUSTIN, Texas - Texas officials are seeing a firestorm of criticism over their lawsuit against the Obama administration's guidance on how schools should treat transgender students.
Texas, joined by 10 other mostly "red" states, wants to overturn a Justice Department determination that transgender students should be allowed to use the restroom that corresponds with their gender identity. Dan Quinn, communications director for the Texas Freedom Network, described the lawsuit as nothing more than political theater.
"This is another example of our state's top elected officials playing politics with people's lives," he said. "These are already vulnerable kids who simply want to be able to use the restroom without being harassed and bullied."
In announcing the suit, Texas Attorney General Ken Paxton dismissed the civil rights issue, calling the regulation an "unconstitutional overreach by the federal government." The U.S. Justice Department issued the guideline after North Carolina passed a law restricting transgender people to the restroom matching the gender on their birth certificate.
Quinn said the U.S. Supreme Court has made it clear that someone cannot sue an agency just because they disagree with that agency's guidance, and that an agency's guidance only can be challenged through a contested legal case.
"This action by the administration was a guidance for local school districts on how to make sure they treat all of their students fairly and equally," he said. "So, it's kind of hard to imagine here what legal objection the attorney general actually has to this."
Quinn said Titles VII and IX of the Civil Rights Act prohibit discrimination on the basis of sex, adding that federal courts already have ruled that the law includes protections for gay and transgender people.
The text of the lawsuit is online at texasattorneygeneral.gov.
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A New Mexico, LGBTQ civil rights group says a debunked claim by the Trump-Vance presidential campaign that "sex changes" are taking place in schools is being repeated by some state candidates.
Trump has regularly promoted claims that educators are "grooming" or "indoctrinating" children to become gay or transgender.
Equality New Mexico Executive Director Marshall Martinez said the fear tactic also is being used by a handful of Republican New Mexico candidates, who frame transphobic messaging as support for women.
"Regardless of the political stance that people have on trans folks and the issues they face," said Martinez, "when these lies are told in our communities, it hurts the trans people in that community."
Republican former member of Congress Yvette Herrell, who is challenging U.S. Rep. Gabe Vasquez - D-Las Cruces - has been accused of using coded anti-transgender rhetoric.
She has denied the allegation, stating that "pro-woman" is not anti-LGBTQ.
But Herrell previously voted against bipartisan legislation to protect marriage equality, and supported an abortion ban without exceptions for rape or incest.
Martinez said that research done by Equality New Mexico found 53% of state residents have a close personal relationship with someone who is transgender.
"When these politicians or candidates are spreading lies about surgeries," said Martinez, "and about forcing young people to become trans or pushing an agenda, what they're doing is attacking those close personal relationships we all have."
There is no evidence that gender-affirming surgery has ever occurred at a public school in the U.S, or that a school has sent a student to receive the surgery elsewhere.
Already about half of U.S. states ban transition-related surgery for minors - and where it's legal, it's still very rare.
Transgender young people who experience discrimination have been linked to suicidal ideation and self-harm.
Disclosure: Equality New Mexico contributes to our fund for reporting on Civil Rights, Human Rights/Racial Justice, LGBTQIA Issues, Social Justice. If you would like to help support news in the public interest,
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OutNebraska's Prairie Pride Film Festival returns for its 14th year this week.
Johnny Redd, communications manager for OutNebraska, said the festival was started because of a lack of cultural events in the Midwest focused on LGBTQ+ stories. Festival changes this year include adding two additional locations and more fiction films.
Redd noted storytelling through films is both entertaining and one of the most impactful ways to shed light on issues.
"Facts and logic can only go so far, and sometimes just being receptive to a story can really be impactful," Redd explained. "We really love the idea of film as an agent of social change and empowerment, and also just celebration and seeing ourselves on the big screen."
The film festival will be in Lincoln on Oct. 17, followed by Hastings and Omaha on Oct. 19 and Oct. 20, respectively. Redd believes one documentary, "Seat 31," will resonate with Nebraskans because of its parallels to the contentious 2023 Nebraska legislative session. It features Zooey Zephyr, Montana's first openly transgender state legislator, who was censured for her outspoken opposition to a ban on gender-affirming care for minors.
Seat 31 shows what the film's publicity describes as Zephyr's "shocking, funny and joyous" experiences on the bench she makes her "office" after being barred from the floor of the Montana House. Redd called the story timely, saying wounds still linger in Nebraska from the passage of Legislative Bill 574.
"I think it's a very inspiring story," Redd emphasized. "She still wanted to be able to do her job, even if she wasn't allowed on the legislative floor. I think this will be pretty healing, to see a story from another state that went through something very similar to us."
As of 2020, there are more than 270 LGBTQ+ film festivals worldwide.
Disclosure: OutNebraska contributes to our fund for reporting on LGBTQIA Issues, Reproductive Health, and Social Justice. If you would like to help support news in the public interest,
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The legal process for a person to change their name can feel complicated. A workshop in Boise walked people through it.
The Wrest Collective, a community-funded law firm, and the Idaho Coalition Against Sexual and Domestic Violence held the clinic to help people with name changes and changing the sex marker on their birth certificates with the state of Idaho.
Casey Parsons, an attorney and cofounder of Wrest Collective, hosted the clinic.
"A lot of folks do feel intimidated and uncertain about how to do it. So, that's part of the purpose of the clinic - to demystify that process and what it takes," Parsons said.
About 30 people attended the workshop, which was called Reclaim Our Names. The name-changing process costs about $300 and the Idaho Coalition Against Sexual and Domestic Violence raised funds to cover the name-change costs for some of the people who attended.
Parsons said there are many benefits to someone changing their name.
"Having your documents reflect your identity is important for a lot of people legally, but also personally I think it's important, because it's essentially asking the state to recognize you to be who you are," Parsons explained.
Parsons also noted the event was important for reasons beyond the legal aspects.
"There's a lot of value in holding queer-oriented spaces in a city like Boise to make people feel supported, and so that they can see and know that, while things are bad here, we're not alone," Parsons added.
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