South Dakota lawmakers are scheduled to begin a new legislative session this week. Like previous years, bills surrounding Lesbian, Gay, Bisexual, Transgender and Queer or Questioning matters are being floated - and advocates say it's another attempt to make that community feel less welcome.
Last year saw the state debate issues such as banning transgender girls and women from participating in team sports matching their gender identity. Gov. Kristi Noem is proposing that idea again this year.
Susan Williams, executive director of the Transformation Project Advocacy Network, said LGBTQ individuals see what's happening as a threat to their presence.
"When the Legislature spends a big amount of time and energy on something that affects a very small portion of South Dakotans, and it's discriminatory as well," said Williams, "it just feels so awful to them."
Supporters of the bills cite the need for fair competition among athletes, as well as religious-freedom protections. Sponsors deny they are trying to discriminate against anyone.
Another proposal that's surfaced would designate school bathrooms and locker room use as single-sex defined by birth, meaning trans students would be restricted in using rooms matching their gender identity. That plan also would allow for lawsuits if another student observes a violation.
Williams said she does see hope in that more parents of transgender students have been active in appealing to elected officials from their communities. She said the next challenge is to get more of the bill's sponsors to hear personal stories.
"Talk to transgender students," said Williams, "to talk to teachers who see these students going through things."
She said these conversations would be especially helpful when it comes to the bathroom-use bill, noting that in districts where such restrictions are already in place, they creates serious problems for transgender students.
Groups such as the American Civil Liberties Union say the Legislature needs to focus on more pressing matters, such as education funding and child care.
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Earlier this spring, Gov. Eric Holcomb vetoed a GOP-authored bill banning transgender girls from school sports. Now, Holcomb's own party is poised to override the veto and force the bill into law next week.
Chris Paulsen, CEO of Indiana Youth Group, said her organization has resources for transgender teens who may be facing mental-health difficulties because of the bill and its surrounding political rhetoric, including one-on-one counseling and peer-to-peer support groups.
"They can choose which group they feel comfortable in," Paulsen explained. "We have a trans and nonbinary discussion group, we have a queer and trans people-of-color group, and then there's groups that just allow youths to relax and feel good about themselves."
Republican leaders say they will use next Tuesday's Technical Corrections Day to override Holcomb's veto. According to its authors, the bill aims to guarantee fair play in school sports.
In his veto message, Holcomb pushed back against the assertion, essentially writing the bill was attempting to address a nonexistent issue and could open the state to lawsuits.
Indiana's bill is part of a nationwide wave of such measures, as 16 states have enacted laws banning trans students from sports.
Paulsen pointed to data from the Trevor Project indicating even the introduction of such bills can have serious impacts on trans kids' mental health.
"Statistics say that 85% of trans and nonbinary teens will be negatively impacted by just the bill being heard, and we're seeing that," Paulsen pointed out. "We're trying to support those youths by letting them know they are valued, and their identities are real, and we see them as they are."
While the Indiana Youth Group is based in Indianapolis, Paulsen said the organization provides remote support to students across the state via its Virtual IYG program.
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New Mexico and 18 other states have announced plans to introduce legislation they say will be needed to protect transgender kids from civil and criminal penalties when seeking gender-affirming care.
The proactive response follows proposed legislation in Texas, Louisiana, Arizona, Alabama and other states criminalizing such care.
Havens Levitt, chair of the Gay, Lesbian and Straight Education Network of New Mexico, said the dehumanizing language increasingly used to describe trans students takes a toll on kids' mental health.
"It's really heartbreaking to know that students hear some of the incredibly hateful things that are being said about them from adults," Levitt explained. "When our students in New Mexico hear those things, I know that it impacts them."
At a news conference in California last week, a coalition of LGBTQ legislators, health providers and civil-rights groups, including representatives from New Mexico, announced plans to pass laws to provide safe havens for trans youths and their families.
For nearly 20 years, New Mexico has had a law to prohibit discrimination based on sexual orientation and gender identity. Three years ago, legislators also passed the "Safe Schools for All Students Act" which required schools to enact anti-bullying policies. Nonetheless, Levitt noted some areas of the state could use more resources to keep students safe.
"Transgender people have incredibly high rates of suicide attempt and completion," Levitt pointed out. "That just contributes to that sense of not belonging and not having the right to live the way they want to live and be who they want to be."
Upon taking office, President Joe Biden reversed several anti-LGBTQ executive orders issued under President Donald Trump, but Levitt worries with the new attacks, the fight for civil rights is not over.
"There's so many things happening right now that feel like we're going to live in this universe of two Americas," Levitt lamented. "It feels like we're going to be playing defense for I don't know how long, but it's definitely not very comfortable."
There were more than 300 bills introduced targeting the LGBTQ community nationwide in 2022, according to the Human Rights Campaign.
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Silence? Yes. Inaction? No. Today marks the annual Day of Silence, led by the Gay, Lesbian and Straight Education Network, to raise awareness about the discrimination and harassment LGBTQ+ students face in schools.
Hundreds of anti-trans bills have been introduced across the nation in 2022 alone, including in Missouri.
Katy Erker-Lynch, executive director of PROMO Missouri, noted one bill the Legislature is considering would prohibit gender-affirming health care for trans children, and another would ban transgender girls from participating in girls' sports.
"It's not really about saving women's sports," Erker-Lynch asserted. "It's about discrimination. So it's really, 'OK, can we ban kids from athletics? Can we ban kids from health care?' And the question that really begs, is whether LGBTQ+ people should be treated fairly across all areas of life."
Last week, the Missouri House advanced the school sports bill by including it in a separate bill on how elections are run. Missouri is also among the states introducing legislation similar to Florida's "Don't Say Gay" bill, which prohibits including topics around gender identity and sexual orientation in school curricula.
In addition to being discriminatory, Erker-Lynch added the health care bill represents a gross misunderstanding about what gender-affirming care really is. According to psychologists and pediatricians, it starts with mental health care, and can include treatments like puberty- or hormone-blockers.
But despite language in the bill regarding surgeries for minors, it's not the care trans kids get, experts maintained. Whether to undergo a gender confirmation surgery is a decision they make as adults.
"The fact of the matter is denying best practice medical care and support to transgender youth can be life-threatening," Erker-Lynch asserted. "Politicians are playing a really dangerous game with the health care and mental wellness of trans youth."
She pointed to studies showing this type of care saves lives. Trans and nonbinary youth experience anxiety, depression and suicidal ideation at far higher rates than their cisgender peers.
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