Texas has adopted some of the strictest gender-affirming transgender restrictions in the nation. And the leader of a trans advocacy group says it has created a "dystopian" nightmare.

Emmett Schelling, executive director with Transgender Education Network of Texas, said a ruling by the state Supreme Court last week that allows Senate Bill 14 to take effect this month - a law that bans trans youths from receiving medical care and treatment for gender dysphoria. Schelling believes court rulings have become political.

"We've trusted the courts to hold and honor impartiality but unfortunately what we see is the highest court in our state really acting, in my opinion, in deeply bad faith," Schelling said.

The Texas Supreme Court did not provide any written explanation for allowing the law to remain in effect. Starting in 2022, Texas Governor Greg Abbott encouraged a law that would criminalize gender affirmation as a form of child abuse. Since then, Texas lawmakers have introduced dozens of anti-trans bills targeting transgender youths.

Schelling said new laws in Texas are separating families. In some cases, one parent is staying behind for their job while another parent is leaving to protect the medical needs of their transgender child. He believes lawmakers and courts are sowing seeds of distrust, which at the end of the day is harming children and youth.

"We have providers fleeing, we have families fleeing," Schelling explained. "How do these kids trust the judicial system? How do these kids trust the state when this is the reality of what the state has done to them?"

Meanwhile, a federal judge in Texas granted a temporary restraining order last week to block another bill targeting the LGBTQ community from taking effect last Friday. Senate Bill 12 bans any performance that could be perceived as "sexual" when a minor is present and on public property, and proposes criminal penalties for artists, business owners and others accused of violating it.

By Meghan Holt for the Ball State Daily News .
Broadcast version by Joe Ulery for Indiana News Service reporting for the Ball State Daily News-Free Press Indiana-Public News Service Collaboration.

“Come in as a stranger, leave as a friend” brands the doors of the Mark III Tap Room, known colloquially as “the Mark” in downtown Muncie, Indiana. 

Established in 1968, the Mark is the state’s oldest gay bar. 

Since its initial opening, the bar has moved buildings, closed and reopened its doors multiple times while going through ownership changes. Regardless, it remained a staple of Indiana and the Muncie LGBTQ+ community.

However, after a pipe burst in its 306 South Walnut Street location in January 2024, the Mark III Tap Room faced water damage, leading to its closure for the foreseeable future. Access to the bar's resources, performances and community outreach have been lost.

For performers like Olivia Ward and Jamie Prang, the Mark was not only home to a source of income and creativity — it was home to family, making the closure of the bar difficult to navigate.

“My creative outlet is gone right now,” Prang said. “Now, I don't have anything.”

Prang is a founding member of the eight-year-strong burlesque troupe “The Fabulous Funcie Femmes” and has managed the production house “House of Mayhem” since 2020. Within the troupe, she takes on the persona of Lady J, Mistress of Mayhem.

The burlesque troupe did not take off thanks to Prang’s efforts alone. The foundation of the troupe coincided with the opening of the Mark’s building on 306 Walnut Street. 

Prang remembers the opening day fondly and said the bar was instrumental in ensuring the survival of the troupe.

“The Mark is very, very, very precious to me, especially as a performer and entertainer,” Prang said. “As a burlesque dancer in this town, [burlesque] had its own stigma that people [have] their own opinion about, and [the Mark’s owners] were the brave souls who were willing to give us a chance.”

Ward echoes Prang’s sentiment about the importance of the Mark within their own life.

“I've lived in Muncie my entire life. I went out one night, and it changed my life. The Mark is home,” they said.

A Muncie native and Ball State University graduate, Ward competitively danced for 15 years and was the head of Ball State’s Outlet Hip Hop Troupe. After graduation, they were a hip hop fitness coach. Although dance came easily for Ward, they needed encouragement to get into drag performance.

“I’d always wanted to do [drag], but [Prang] said, ‘Hey! You’ve done this, so here’s the next step,’” Ward said, gripping Prang’s hand.

Prang’s tenure at the Mark, combined with the bar’s welcoming atmosphere, launched Ward’s career as drag king Tevin L. Cruz, a “high-energy” persona who “enjoys being a part of the crowd.”

The Mark is extra special to Ward and Prang. Alongside the fact that they each got their start at the bar, it’s where they met and began their relationship almost three years ago.

“We hold this place very, very dear to our hearts. These are our family members. They're not just people we work with,” Prang said.

Ward misses being on stage — but more than that, they miss supporting other performers. 

“It's the nights we weren't in shows that I miss because every crowd is different. What you're going to see at a burlesque show, you're not going to see probably half of those people at a drag show, or a Sunday brunch, or a Friday karaoke night,” they said.

Indianapolis-based performer Hails Sherwood also lamented the closure of the Mark III Tap Room as a former Ball State student and current drag performer. 

“Coming to Muncie, I hadn't started the process of coming out as anything yet,” Sherwood said. “[The Mark] definitely helped set the groundwork for learning what a queer community is.”

Their performances at the Mark under the name Luna Magick brought them closer to their idols. They described being starstruck by another Indiana drag queen, Venus Entertainment.

“You know, meeting somebody who inspired you to start [performing] is insane. It's a weird thing, being starstruck by an Indy local, but being performers, we do that. It's absolutely opened up new opportunities for me,” Sherwood said.

The Mark doesn’t just serve as a place to build community. Sherwood also praised the ability of the bar to provide free HIV testing to their patrons. In the past, the bar has also hosted fundraising shows for various organizations in Muncie and around the state.

Though Sherwood no longer frequents the Mark as much as they used to, they extend their sympathy to the Muncie community for its loss.

Sherwood said students now lack a space away from work, school or home where they can build community and get away from the bustle of campus life.

“Being able to get away from [campus] was nice. I feel for the people that are there now … and don't have that queer space away from campus that is not affiliated and truly shut off the student part of your brain,” Sherwood said.

But the loss is perhaps felt most acutely by the Mark III Tap Room’s owner, Natasha Martz. She has owned the bar since 2012, but it has been a part of her family for much longer. 

“The Mark has been a part of my life for as long as I can remember,” she said via email. “[My] dad loved going to the first Saturday shows. In the late ’90s, when I turned 21, it became [his] and I’s ‘Dad and Daughter’ monthly night out spot.”

Martz’s uncle was also a frequent patron of the bar and introduced her father to the establishment. Due to this extended family connection, Martz said the closure of the bar has affected her life tremendously.

“[The Mark] is not only my career, but it is my heart and my passion. Navigating as a small business through a crisis that keeps you from being open is very challenging. Knowing that it is a much-needed space for our community is a driving force for me,” Martz said.

The Mark is still closed for repairs, missing its targeted date for reopening in early March. As of now, there is no update about whether or not it will reopen. Regardless, Martz is proud to be a part of its legacy.

“From a tiny dance floor on Main packed with friends and laughter, to a grand stage on Walnut full of performance art and creative minds, I am lucky to have witnessed so much happiness and joy,” she said.


Meghan Holt wrote this article for Ball State Daily News.


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Advocates for end-of-life care options in Montana have asked the state Supreme Court to uphold an injunction of a bill banning gender-affirming care for minors, to keep it from going into effect.

Critics said the measure violates civil liberties and goes further. The group Compassion & Choices has asked the court to uphold the injunction. It claims Senate Bill 99 takes personal freedoms away from Montana citizens, individual rights the state is known for.

Callie Riley, northwest regional advocacy director for Compassion & Choices, warned the bill could have unintended consequences and called it part of an effort to erode patients' ability to make decisions.

"Our concern in particular is that if the law is upheld, then that could also impact the ability of Montanans to make private health care decisions at the end of life, not just the right to pursue transition-related care," Riley explained.

Some Montana legislators have said they support the measure based on personal, moral or religious disapproval of gender transition. The injunction decision awaits action in the state's highest court.

Texas and Tennessee have passed similar measures.

Jess Pezley, senior staff attorney for Compassion & Choices, sees the health care issues addressed in the bill as interconnected.

"Motivated by the same kind of paternalism that, 'Somebody else can make this medical decision for you better than you can make it for yourself.' And that's not appropriate, whether it's for minors making the very personal decision whether to seek gender-affirming care, or for individuals at the end of life," Pezley asserted.

The lower court judge who issued the injunction has said the measure is not likely to withstand any level of constitutional scrutiny.

Members of Nebraska's LGBTQ+ community and their supporters saw positive actions at both the state and federal level this month.

At the state level, LB-575 failed to pass.

The bill would have required Nebraska transgender youth to participate in the sports and use the facilities that correspond with their biological gender, as determined by their chromosomes.

At the federal level, the Department of Education "expanded and clarified" Title IX protections for LGBTQ+ youth.

Johnny Redd, communications manager with OutNebraska, said the Title IX clarification in addition to the failure of LB-575 makes it feel like there's hope for the LGBTQ+ struggle in Nebraska.

"We definitely changed some hearts and minds," said Redd. "There's been these patterns of very hostile legislation towards LGBTQ youth, specifically trans youth. And it's getting more common, so having these Title IX protections that federally protect trans students is really important."

The U.S. Department of Education's "Final Rule Amending the Title IX Regulations" makes it clear that schools are responsible to protect students against all types of sex-based discrimination - including based on sexual orientation and gender identity.

It also requires schools to "respond promptly" to any complaint of sex discrimination, and inform parents and students of their "nondiscrimination policies."

A Washington Post study points to a trickle-down effect of anti-LGBTQ+ legislation, which has increased dramatically since 2015.

It found police-reported LGBTQ+ hate crimes against K-12 students more than doubled nationwide in 2021 and 2022, compared with 2015-2019.

But in states that had enacted restrictive anti-LGBTQ+ laws, this type of hate crime had quadrupled.

State Sen. Kathleen Kauth - R-Omaha - introduced LB 575, and the bill behind Nebraska's new law restricting gender-affirming health care for transgender youths.

She said she plans to re-introduce LB-575 next year if she's re-elected.

Redd said these Title IX protections increase the likelihood it would fail a legal challenge, if it became law.

"LB 575 definitely did open up the state to lawsuits," said Redd, "but I feel like the case would be even stronger with these new strengthened Title IX protections."

The ACLU is currently involved with legal challenges to 175 anti-LGBTQ laws.