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Mississippi school faces lawsuit over bullied lesbian student

SPLC takes action for 17-year-old called an ‘in-between it’ by teacher

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Destin Holmes, gay news, Washington Blade
Destin Holmes, Jennifer Holmes, gay news, Washington Blade

Destin Holmes (bottom) faced discrimination for being a lesbian at her school. She’s shown here with her grandmother, Jennifer Holmes. (Photo courtesy Southern Poverty Law Center).

A lesbian student at a Mississippi high school is taking action against her school district over harassment and discrimination she says she’s facedĀ from students and administrators over her sexual orientation and appearance.

The Southern Poverty Law Center on Tuesday filed a lawsuit on behalf of Destin Holmes, a 17-year-old student at Moss Point High School, seeking a resolution to put in place a new policy to protect gender nonconforming students like her from bullying and discrimination.

During a conference call with reporters on Tuesday, Holmes said she endured harsh torments over her sexual orientation and preference to wear a baseball cap over more traditionally female attire.

“When I was in middle school, the teachers and students called me an ‘it,'” Holmes said. “I’m not an ‘it.’ I am a person, a teenager, a human being. Just because I prefer to date the same gender, wear hats or non-girly … clothes doesn’t mean I should be isolated and made fun of because of it.”

Anjali Nair, staff attorney with the Southern Poverty Law Center, said the harassment against Destin was pervasive from both students and administrators at the school, where she heard insults as many as 20 times a day and one teacher denied her access to the girl’s restroom.

“Another teacher even refused to allow her to participate in a classroom activity where teams were divided by gender because Destin, according to the teacher, was an ‘in-between it,'” Nair said.

Nair said Destin was eventually driven out of Magnolia Junior High after the then-principle called her a “pathetic fool” and told Destin, “I don’t want a dyke in this school.”

“At a time when families and communities across the country are trying to teach children the consequences of bullying, it is tragic that the Moss Point school district chooses to ignore those lessons,” Nair said.

Nair said her organization attempted to reach a resolution with the school district in March, writing a demand letter to the school seeking change through administrative means, but those efforts were unsuccessful.

Also on the conference call with reporters was Jennifer Holmes, Destin’s grandmother, who also lives in Moss Point and said the school has been reluctant to make changes after requests from her and Destin’s father.

“For the past two years, we’ve tried everything we could with the school, but they did little or nothing,” Holmes said. “In some ways, administrators made the situation worse for Destin. We had to pull her out of school eventually, despite having numerous meetings and conversations with the administrators.”

The 21-page complaint sues the Moss Point School District on the basis of Ā Title IX of the Education Amendment of 1972, which prohibits schools from discriminating on the basis of gender, and the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The complaint seeks damages for Destin, an injunction barring the school from allowing discrimination against Destin and other students like her and the implementation of new polices to foster a more inclusive environment.

Although SPLC is asking the U.S. District Court for the Southern District of Mississippi to take action, Nair said the school on its own can still take “concrete action” to rectify the situation.

“This can stem from trainings that are provided to school students, district and staff to address the rights of LGBT students and the rights of students to be free from discrimination on the basis of their gender,” Nair said. “This can include policies and practices that are implemented within the district so that district administrators know the proper steps to take in investigating and responding to reports of harassment.”

In a joint statement provided on Tuesday to the Washington Blade, Moss Point School Board President Clifton Magee and Superintendent Maggie Griffin said the district hasn’t been served yet with the lawsuit and cannot speak to the claims because they’re a matter of litigation.

“Protecting our students from acts of bullying, harassment, intimidation and threats by any individual is our highest priority,” Magee and Griffin said. “The district has in place policies and procedures to ensure that our students are free from discrimination and bullying. We, as most districts across the nation, try to ensure that students in our schools are safe and secure.”

For Destin, the goal of achieving a resolution with her school district is about ensuring a safe place to learn for herself and others facing discrimination because of gender non-conformity.

“I wish I could go to school without being afraid to be who I am,” Destin said. “I’m a human being and I should be treated that way. I’m here to take a stand and speak up for myself and for others who are not in a position to do so. I don’t want anyone to go through what I’ve been through.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€Ā said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€Ā 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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