State legislators across the country continue to introduce anti-LGBTQ bills and there have been a record number of them for four years in a row.
In Legislative Bill 574 restricting gender-affirming care for transgender minors nearly ground the Unicameral to a stop for weeks last year.
With another anti-LGBTQ bill pending this session, Legislative Bill 575, the "Schools and Spaces Act," participants in OutNebraska's recent LGBTQ+ Legislative Day were unsure what to expect.
MacKenzie Loncke, legislative intern for OutNebraska, said most participants felt very positive about their interactions with their state senators.
"We're really hopeful that these personal testimonies that everyone shared are able to humanize our cause," Loncke explained. "And that they recognize that we deserve -- and are entitled to -- protections."
About 10% to 15% of Americans identify as LGBTQ+, with higher percentages among millennials. LGBTQ+ individuals face more discrimination in housing, employment, health care and other areas of their lives, and transgender individuals are four times more likely to be victims of violence than their cisgender peers.
Floor debate on the measure regulating transgender youths' participation in school sports -- which would override the existing gender participation policy of the Nebraska School Activities Association -- has not yet been scheduled.
Loncke pointed out many who participated in LGBTQ+ Legislative Day were parents and other relatives of LGBTQ+ Nebraskans, who expressed concern about their loved ones' safety.
"A lot of participants were sharing that banning kids from sports in school facilities does nothing to keep other students safe," Loncke observed. "And instead just puts trans kids in danger and makes them feel alone -- and wanting to support all kids and not singling them out because they're different."
The Centers for Disease Control and Prevention said schools have an important role to play in supporting transgender youths, and recommends they "review and implement policies and practices to ensure inclusivity."
Loncke added 54 people participated in this year's LGBTQ+ Legislative Day -- double last year's number -- and senators participated from all over the state and represented a variety of views.
"I think that people were expecting more senators to be anti-LGBTQ+," Loncke acknowledged. "I think that was like a big takeaway; that they were actually seeing us and hearing us, and not coming in defensive or anything like that."
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The nonprofit Out Nebraska is marking Pride month with a series of parades, marches and other events across the state in June.
The group is also using the occasion to rebrand itself and reach deeper into communities.
Out Nebraska Communications Manager Owen Rush said Pride Month is a good opportunity to not only celebrate LGBTQ issues, but connect community members with useful resources.
"When we are at the Pride events, we are definitely connecting people with resources," said Rush. "We worked on a couple of different magazines on, like how to change your name, you know, information about pronouns, providing the community with more information about the LGBTQ community and also resources in Nebraska letting people know what they can do and how to make those voices heard."
Out Nebraska also helps educate LGBTQ people about health care and legal needs and lists supportive members of the business community.
Out Nebraska is also using Pride Month as an opportunity to rebrand itself. Rush said the group is stressing resiliency, especially with the emblem on its flag.
"Our new logo is very bold and the colors are also striking," said Rush. "The 'E' looks like a waving flag to let us know that we're here, we're stronger than ever and we're not going anywhere, and that there are regular, corn-fed Nebraskans who are queer in Nebraska."
Rush said Out Nebraska also encourages people to connect with local, state and national lawmakers to advocate for LGBTQ issues.
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Amid concerns about the breakdown in protections for LGBTQ folks, a New Mexico advocacy group says resilience is needed to ensure their safety and freedom.
The state has been a leader in protecting and celebrating LGBTQ rights and inclusivity, dating back to 2003, said Layla Garcia, communications associate with Equality New Mexico. That's when the legislature passed a law banning discrimination based on sexual orientation and gender identity in such areas as employment, housing, and public accommodations.
She noted that those protections have been consistently strengthened over time, but said vigilance is needed now more than ever.
"With all of the attacks that we're seeing on queer and trans folks from hostile governments," said Garcia, "it's really important that we mobilize and keep people informed on things that are going to be impacting them."
The U.S. Supreme Court ruled last week that a Tennessee law prohibiting some medical treatments for transgender youths does not violate the U.S. Constitution -- ultimately shielding 20 other states with similar laws.
Because of its current laws, trans New Mexican youth and their parents don't need to worry about the recent ruling affecting their access to gender-affirming care.
At the same time, Garcia said these types of rulings can lead to difficulties in receiving medical care and encourage discrimination.
"We're already seeing the attempts at trans sports bans, and cuts to HIV and AIDS treatment and funding for those resources," said Garcia. "So, when things like this happen, even though we are protected, it just emboldens people, even here, to continue their attacks."
Equality New Mexico issued a statement following the high court's ruling in the U.S. vs Skrmetti case, noting that all major medical associations support gender-affirming care as evidence-based and a life-saving medical treatment.
The advocacy group has launched a campaign around data privacy and its impact on vulnerable communities.
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The U.S. Supreme Court on Wednesday released an opinion that allows Tennessee to keep in place a ban on gender-affirming care for minors.
While seen as a setback for trans youth, a legal challenge in North Dakota is still active. The North Dakota case, which seeks to overturn a 2023 ban adopted by the Legislature, is moving through the state-level courts.
Brittany Stewart, senior staff attorney with the legal nonprofit Gender Justice, said proceedings in the bench trial are winding down. She said parents of transgender youth in this region might think the Supreme Court outcome permanently cuts off similar cases, but stresses they shouldn't jump to conclusions.
"I would like to tell people, especially folks who are parents of kids who might be suffering from gender dysphoria, not to give up hope," she stressed. "This is just one case, on one specific issue."
The Tennessee case focused solely on the U.S. Constitution's equal protection clause, and Stewart said the North Dakota case has other legal aspects to it. Republicans behind such bans argue they're trying to protect children, noting young people aren't mature enough for these decisions. But ban opponents say parents and doctors are deeply involved in discussing the lengthy process, and that gender-affirming surgery is rare for minors.
Stewart said the second main argument in her plaintiff's case is whether North Dakota's ban violates the right to personal autonomy. She added it's important to remember that the questions posed in this lawsuit have to do with the state constitution.
"The North Dakota Supreme Court has also said that the North Dakota Constitution isn't necessarily interpreted exactly the same as the U.S. Constitution," she continued.
She said if the judge rules in their favor, it's likely the state would appeal to the North Dakota Supreme Court. But there are questions about whether it would reach the U.S. Supreme Court because of the legal differences.
Analysts say the federal decision is still a big win for ban supporters in the nearly two dozen states that have them. But Stewart said the high court left an opening for future consideration if opponents can effectively prove such laws cause harm.
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