National
South Dakota House of Representatives passes first anti-Trans bill of 2022
85% of transgender and nonbinary youth say that recent debates around anti-trans bills have negatively impacted their mental health
PIERRE – The South Dakota House of Representatives passed two anti-Transgender bills Tuesday. HB 1005, which would restrict Trans students from using bathrooms and locker rooms that align with their gender identity, and SB 46, which would restrict Trans women and girls from playing on school sports teams that match their gender identity.
HB 1005 is now headed to the South Dakota Senate and SB 46 is headed to Republican Governor Kristi Noemās desk, where it is expected to be signed into law and become the first anti-Trans bill enacted in 2022 by a state.
Senate Bill 46 was authored and submitted to the legislature by Noem. The hasty passage of this bill comes after a historically bad 2021 session that saw a record number of anti-Trans bills introduced and passed across the country. Last month, South Dakotans gathered for six concurrent rallies across the state in protest of this legislation and other anti-transgender bills introduced this year.
This weekend, hundreds of South Dakotans showed up in support of trans youth.
ā Human Rights Campaign (@HRC) January 18, 2022
Three anti-trans bills have been filed in the South Dakota legislature ā two preventing kids from playing sports and one discriminatory bathroom bill.
We will not stop fighting to #ProtectTransKids. pic.twitter.com/3eGEjAqNYv
In 2021, after issuing a style-and-form veto of an anti-trans sports ban bill, Noem issued two executive orders that effectively implemented the policy articulated in the vetoed legislation.
āThe votes today by House lawmakers are shameful,ā said Jett Jonelis, ACLU of South Dakota advocacy manager. āSenate Bill 46 and House Bill 1005 reinforce the incorrect notion that transgender students are not entitled to the same dignity and respect as all students.ā
On Senate Bill 46:
āSenate Bill 46 not only discriminates against trans women and girls in ways that compromise their health, social and emotional development, and safety, but also it violates federal constitutional guarantees of equal protection,ā Jonelis said. āIt perpetuates harmful myths about transgender people and reduces trans students to political pawns. Our lawmakers should be focused on protecting South Dakotaās youth by creating safe and welcoming environments rather than launching baseless attacks to score political points.ā
On House Bill 1005:
āTransgender people, whether people know it or not, are already using the bathrooms and communal facilities they have a right to ā and doing so without incident,ā Jonelis said. āIf House Bill 1005 is enacted, transgender people will have to make the impossible decision of breaking the law or revealing their private medical information ā not to mention the obvious risk of harassment and violence that comes with forcing transgender people into the facilitates that do not match their gender identity. It is quite clear whose privacy and very lives are really at risk if our legislators continue to succumb to anti-trans fear and hatred and give it state sanction like this.ā
āThis early on in 2022, a year when we as a nation are facing unprecedented obstacles, itās as heartbreaking as it is infuriating to see South Dakota lawmakers put such effort into attacking transgender youth. Bills like these are unnecessary and cruel, and we know the ugly rhetoric surrounding them is having a real impact on the mental health and wellbeing of one of our most marginalized groups of young people,ā said Sam Ames, Director of Advocacy and Government Affairs at The Trevor Project.
āThe Trevor Projectās research has found that transgender and nonbinary youth who reported experiencing discrimination based on their gender identity over something as basic as using the bathroom had nearly double the odds of attempting suicide in the past year compared to those who did not. Lawmakers should be focusing on the real issues facing these young people and fostering spaces where everyone can be safe, not making life harder than it already is for the transgender and nonbinary youth of South Dakota.ā
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administrationĀ last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states ā Oklahoma, Louisiana, Florida, and South Carolina ā have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a āright to bullyā transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools āshould not alter policies or procedures at this time.ā Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX āwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donāt Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, āWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to āgaslighting the country into believing that biological sex no longer has any meaning.ā
Governor Ron DeSantis approved of the letter and stated that Florida āwill not comply.ā Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donāt Say Gay or Trans” law that was used to force a trans female teacher to go by āMr.ā
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role āto improve school safety,ā and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations āclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā The Human Rights Campaign also praised the rule, stating, ārule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, āPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatās exactly what heās been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvaniaās auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.ā
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.
The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.
In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, āPresident Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history ā and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”
āThis Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change ā including the LGBTQI+ community ā and that we leave no community behind as we build an equitable and inclusiveĀ clean energy economy for all.ā
Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.
“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nationās drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”
The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.
An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.
During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.
New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.
The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”
“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.
With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.
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