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Major athletic leagues absent in fight against anti-trans sports bills

Transgender rights advocates want response from NCAA

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Major sports leagues, such as the NCAA, have yet to speak out against anti-trans sports laws.

As state legislatures advance measures seeking to bar transgender kids from participating in school sports, key voices in athletics competition who had previously spoken out against anti-LGBTQ measures — notably the NCAA — are now absent from the fight against them, as supporters of transgender rights tell the Washington Blade they’re seeking a more robust response.

Major sports leagues at the professional level and collegiate level — including the National Collegiate Athletic Association, the National Basketball Association and the National Football League — in 2016 spoke out against North Carolina’s House Bill 2 and even threatened to cancel events in the state over the anti-transgender law. The voices of those sports leagues, however, are absent or muted in efforts to thwart anti-transgender sports bills as state legislatures advance them now with impunity.

Athletic organizations would be powerful voices in thwarting the anti-trans sports bills, including in Mississippi and North Carolina, where legislation won final approval in the state legislatures and are headed to the governors of those states.

Gail Dent, an NCAA spokesperson, essentially had a hands-off approach to the anti-transgender bills in response to a Washington Blade inquiry on the NCAA’s position on the legislation and what it’s doing to help in the fight against the legislation.

“The NCAA continues to closely monitor state bills that impact transgender student-athlete participation,” Dent said. “The NCAA believes in fair and respectful student-athlete participation at all levels of sport. The Association’s transgender student-athlete participation policy and other diversity policies are designed to facilitate and support inclusion. The NCAA believes diversity and inclusion improve the learning environment and it encourages its member colleges and universities to support the well-being of all student-athletes.”

That’s a step back from where the NCAA was just last year in response to Idaho’s then newly enacted law barring transgender girls from school sports. At the time, the association explicitly condemned the law as “harmful to transgender student-athletes and conflicts with the NCAA’s core values of inclusivity, respect and the equitable treatment of all individuals.”

But at the same time, amid a campaign spearheaded by lesbian athletes Billie Jean King and Megan Rapinoe urging the NCAA to nix holding the 2021 Men’s Basketball Championship in the state over the law, the NCAA announced no changes to its programming. The NCAA as of now still intends to hold the first and second rounds of the championship at Boise State University next week.

Transgender rights advocates, speaking on condition of anonymity to the Blade for greater candor, said they’ve been pushing hard behind the scenes for the NCAA to be more outspoken on the anti-transgender sports bills, and hope the association will have a more robust response in the near future.

NCAA, however, isn’t alone in its reticence. The NFL and NBA didn’t respond to repeated requests from the Blade to comment on the anti-transgender sports bills in state legislatures.

The reluctance to speak out may be a reflection of polls. A Politico/Morning Consult poll on Wednesday found broad support to ban transgender kids from athletics. Overall, 53 percent of registered voters support banning transgender athletes, as well as a 59 percent majority of men and a plurality of 46 percent of women.

Cathryn Oakley, state legislative director and senior counsel for the Human Rights Campaign, said although the NCAA hasn’t spoken out against the latest wave of anti-transgender sports bills, its statement against the Idaho law has been helpful in efforts against the latest round of measures.

“The NCAA opposed the bill that passed in Idaho last year; they issued a statement with their opposition to that bill,” Oakley said. “And that is something that certainly we have been making sure that all of these legislators who are considering this legislation are aware of.”

Five years ago, the situation was different. Massive opposition emerged over North Carolina’s House Bill 2, which barred transgender people from bathrooms in government-owned buildings consistent with their gender identity, including opposition from sports leagues, professional associations, celebrities, businesses and a firestorm of media scrutiny. The outcry echoed similar outrage over proposed religious freedom measures in Arizona in 2013 and Indiana in 2015 seen to allow businesses to refuse to service to people for being LGBTQ.

In addition to speaking out against the law, sports leagues put their money where their mouth is. NBA Commissioner Adam Silver informed North Carolina “it would be problematic for us to move forward with our All-Star Game if there is not a change in the law.” When no changes were made, the competition was pulled out of Charlotte.

The NCAA stripped North Carolina of seven upcoming tournaments and championships, including early round games of the 2017 NCAA Division I Men’s Basketball Tournament. The Atlantic Coast Conference and the Central Intercollegiate Athletic Association also cancelled events in the state.

The collective outcry over House Bill 2 helped lead to the defeat of Gov. Pat McCrory in the 2016 election and eventual mitigation law seen to permit transgender people to use the bathroom consistent with their gender identity. In 2021, however, bills signaling transgender youth should be excluded from sports athletics are on the verge of being signed into law in South Dakota by Gov. Kristi Noem, who has 2024 presidential aspirations, and in Mississippi by Gov. Tate Reeves.

Oakley pointed out a key difference between between North Carolina’s House Bill 2 and legislation pending before state legislatures and governors is the newer measures “are not signed into law yet.”

“While it’s unfortunate, it is true that we have been much more able to generate public outcry — or that public outcry is easier to come by — after the bills have already been signed into law,” Oakley said. “Both North Carolina and Indiana are examples of that, right? So, HB 2 had passed first before the backlash began, and that backlash took weeks to mount and to really get to the point of what we think of now as being the sort of universal rejection of HB 2. That was not instantaneous.”

Defenders of efforts to combat the anti-transgender legislation say they have plenty of ammunition. Last week, the LGBTQ group Freedom for All Americans unveiled a joint statement signed by more than 55 major companies, including Facebook, Pfizer, and Dell, against the latest wave of anti-LGBTQ state legislation, including bills targeting transgender youth.

Oakley added other organizations have issued statements contributing to the fight against state bills, such as the American Academy of Pediatrics, the American Association of Child & Adolescent Psychiatry, teachers and school counselors associations.

“It’s really great when we can have a group of professionals who are experts in the issues, who are willing to speak out against these bills in the beginning, but for some of these really big bills that are really big threats, it does take time to generate enough pressure that the legislators have to reconsider their choices,” Oakley said.

Other states have advanced or considered similar measures, including Alabama. More than 60 bills have been filed in 30 states to directly target transgender people, including 20 bills specifically aimed at transgender kids in sports. The Utah House last month approved an anti-transgender sports bill, but the measure stalled out in Senate committee.

Even the U.S. Senate has contributed to the measures against transgender youth in sports. Prior to Senate approval of President Biden’s coronavirus relief package, Sen. Tommy Tuberville (R-Ala.) proposed an amendment that would have defunded schools and universities that allow biological boys in women’s athletics, essentially barring transgender girls. The measure was defeated in a 49-50 vote requiring 60 votes for passage, but won support from senators on both sides of the aisle, including Sens. Joe Manchin (D-W.Va.) and Susan Collins (R-Maine).

To be sure, not all the measures targeting LGBTQ people in state legislatures are related to sports. The Alabama Senate has passed legislation now pending before the House that would criminalize transition-related care with a punishment of up to 10 years in prison for doctors. The South Dakota Legislature has sent legislation to the governor’s desk mirroring the federal Religious Freedom Restoration Act critics say amounts to a religious refusal for LGBTQ people to the governor’s desk. The Montana Senate has passed bills inhibiting the ability of transgender people to change their gender marker on birth certificates and a religious freedom bill, which are now pending before the House.

Joanna Hoffman, a spokesperson for the LGBTQ group Athlete Ally, made a plea for state legislatures to abandon efforts to restrict transgender kids’ access to sports when asked by the Blade about any efforts to reach out to sport organizations to condemn the proposals.

“Transgender girls and women never have been a threat to girls and women’s sports,” Hoffmam said. “In fact, in states where transgender athletes are able to compete, participation is stronger for all girls. Every person deserves to have their life changed for the better through sports, and we need voices in power to join us in speaking out for sports to truly be safe, welcoming and inclusive for all.” 

Athlete Ally announced Wednesday that at least 545 National Collegiate Athletic Association student athletes sent a letter to the NCAA Board of Governors calling for the NCAA to uphold its nondiscrimination policy and publicly refuse to host championships in states with bans against trans athletes.

TERFs newly energized in pushing for transgender exclusion

Meanwhile, groups opposing transgender non-discrimination in the name of women’s rights, which critics are calling “TERFs” or trans-exclusionary radical feminists, appear to be finding new energy — both at the grassroots and grass tops levels — in supporting anti-trans bills and opposition to the Equality Act, legislation before Congress that would expand the prohibition on anti-LGBTQ discrimination under federal law.

At the same time as athletic groups are reluctant to speak out against the bills, athletes like Martina Navratilova, booted from Athlete Ally for opposing transgender girls, are calling for an exemption under Biden’s executive order for women’s sports.

Among them is Women’s Human Rights Campaign, which appears to draw its name as a parody on the nation’s leading LGBTQ group, and held a march in Washington, D.C. on Monday against the executive order Biden signed against anti-LGBTQ discrimination on the first day of his presidency.

Handling pool duty for the White House press corps on Monday, the Blade witnessed around two-dozen protesters near the Washington Monument holding up signs against the Equality Act and shouting an indiscernible chant as Biden’s motorcade passed that day en route to a VA medical center. The protesters remained near the White House upon Biden’s return trip. One held up a sign reading, “The Equality Act makes women second-class citizens.”

The efforts appear to be part of a coordinated campaign by Republicans to make inroads with suburban women, as reported by Politico, by stoking fears about transgender rights. The loss of support from suburban women is widely seen as playing a key role in Trump’s defeat in the 2020 election after having contributed to his win in 2016.

Oakley said the rise of groups that oppose transgender inclusion in the name of LGBTQ rights are evidence of an “unholy alliance” between women and conservative groups that oppose LGBTQ rights, such as Alliance Defending Freedom and The Heritage Foundation.

“I do think that they are joining forces, and I think that has to do with them having at this point a common purpose, which is excluding, harming and scapegoating trans people for many of the real issues that face women,” Oakley said.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: “From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

“From restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia “Liish” Kozlowski, who is one of the country’s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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