A federal judge on Friday temporarily blocked key parts of an Iowa law that bans some books from school libraries and forbids teachers from raising LGBTQ+ issues.
Judge Stephen Locher’s preliminary injunction halts enforcement of the law, which was set to take effect Jan. 1 but already had resulted in the removal of hundreds of books from Iowa schools.
The law, which the Republican-led Legislature and GOP Gov. Kim Reynolds approved early in 2023, bans books depicting sex acts from school libraries and classrooms and forbids teachers from raising gender identity and sexual orientation issues with students through the sixth grade. Locher blocked enforcement of those two provisions.
The judge said the ban on books is “incredibly broad” and has resulted in the removal of history volumes, classics, award-winning novels and “even books designed to help students avoid being victimized by sexual assault.” He said that part of the law is unlikely to satisfy the constitution’s requirements for free speech.
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In barring the provision barring any discussion of “gender identity” and “sexual orientation” in elementary school, Locher said the way it was written it was “wildly overbroad.”
Reynolds said in a statement that she was “extremely disappointed” by the ruling.
“Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms,” Reynolds said. “And there should be no question that books containing sexually explicit content — as clearly defined in Iowa law — do not belong in a school library for children. The fact that we’re even arguing these issues is ridiculous.”
Educators lauded the decision, however.
“When education professionals return to work next week, they can do what they do best: take great care of all their students without fear of reprisal,” Mike Beranek, president of the Iowa State Education Association, said in a statement.
The judge let stand a requirement that school administrators notify parents if their child asks to change their pronouns or name, saying the plaintiffs did not have standing.
Iowa’s measure is part of a wave of similar legislation across the country. Typically backed by Republican lawmakers, the laws seek to prohibit discussionof gender and sexual orientation issues, ban treatments such as puberty blockers for transgender children, and restrict the use of restrooms in schools. Many have prompted court challenges.
Opponents of the Iowa law filed two lawsuits. One is on behalf of the organization Iowa Safe Schools and seven students, represented by the American Civil Liberties Union of Iowa and Lambda Legal. The other is by the Iowa State Education Association, publisher Penguin Random House and four authors.
The first lawsuit argues the measure is unconstitutional because it violates students’ and teachers’ free speech and equal protection rights. The second, which focused more narrowly on the book bans, argues the law violates the First and 14th amendments.
Lawyers for both lawsuits said the law is broad and confusing.
At a Dec. 22 hearing, Daniel Johnston of the Iowa attorney general’s office argued that school officials were applying the book ban too broadly. When deciding whether to remove books, educators shouldn’t focus on the idea of a sex act but instead look for text or images that meet Iowa’s definition of a sex act, Johnston said.
As children across the U.S. head back to classes and practices for fall sports, four more states are expecting their K-12 schools to keep transgender girls off their girls teams.
Kansas, North Dakota and Wyoming had new laws in place restricting transgender athletes before classes resumed, and a Missouri law takes effect at the end of this month, bringing the number of states with restrictions to 23.
North Carolina could enact a ban later this month, and Ohio could follow in the fall. A few laws, including ones in Arizona and West Virginia, are on hold because of federal lawsuits.
This year’s new restrictions are part of a larger wave of legislation across the U.S. against transgender rights. Republican legislators in some states have banned gender-affirming care for minors, restricted transgender people’s use of school and public restrooms, limited what public schools can teach about gender and sexuality and barred schools from requiring the use of a transgender student’s preferred pronouns.
The sports laws have been imposed since 2020, and most are aimed at transgender girls. A majority cover less formal intramural contests organized within a single school’s student body as well as contests among different schools, and some restrict transgender boys as well. Almost all say other students and their parents can sue schools that don’t enforce the restrictions.
Lawmakers expect a child’s earliest birth certificate to determine which sports teams they can join. Principals and coaches are expected to be the enforcers.
“Those are uncomfortable conversations,” said Jeanne Woodbury, interim executive director of the LGBGT+ rights group Equality Arizona. “Everyone is going through that process.”
She added: “For trans kids, it’s never been a walk in the park, but now they have this law to contend with on top of everything else.”
In Oklahoma, where a law has been in place since 2022, athletes or their parents must file an annual affidavit “acknowledging the biological sex of the student at birth.”
Kansas and other states expect school officials to review a child’s earliest birth certificate if questions arise about an athlete’s eligibility.
Bill Faflick, executive director of the Kansas State High School Activities Association, said his state’s law has been greeted by a “matter of fact” acceptance in rules seminars for administrators and coaches.
“It has not been met with any resistance and has not been met with any outpouring of support or opposition, one way or the other,” Faflick said.
Even before the laws against transgender girls on girls teams passed, some states largely blocked the practice by handling questions or concerns on a case-by-case level at the school or state athletic association level.
Supporters of the restrictions argue that they’re protecting fair competition and scholarship opportunities for young women that took decades to win. They say that well before puberty, boys have physical advantages over girls in speed, strength and lung capacity.
“It’s a puzzlement to me that more people aren’t feeling sympathy for the girls whose sports careers are ruined,” said Tom Horne, the elected Republican state school superintendent in Arizona, who is defending his state’s law in federal court.
Doctors, parents, and LGBTQ+ rights advocates counter that boys’ physical advantages come with a surge in testosterone during puberty — changes gender-affirming care blocks.
Critics also argue that transgender athletes are so few that schools and associations governing school sports can handle their individual cases without a state law.
For example, in Kansas, the State High School Activities Association recorded 11 transgender athletes during the 2022-23 school year, and three were trans girls. Before Florida’s law took effect in 2021, its High School Athletic Association had cleared 13 transgender students to play in the previous eight years.
Becky Pepper-Jackson appeared to be the only transgender girl seeking to play girls’ sports in West Virginia in 2021 when the then-11-year-old and her mother, Heather Jackson, sued the state over its law.
Because of their lawsuit, the West Virginia law is on hold, and Becky, now a 13-year-old entering eighth grade, threw the discus and the shot put in seven track meets this spring.
The state is trying to persuade a federal appeals court to let it enforce its law, and in a filing last month, it cited the longer distances Becky threw this year as a reason. The state said any time another girl finished behind Becky in either event — more than 180 times — the other athlete had been unfairly “displaced.”
Jackson said the state knows her daughter only “on paper,” and Becky improved by training relentlessly at home with her own equipment.
“As a parent, all we want for our children is for them to be successful and happy, period,” Jackson told The Associated Press. “That should be an opportunity for everybody, every time, everywhere in this country.”
Educators and LGBTQ+ rights advocates argue that transgender kids aren’t the only athletes likely to feel the effects of the laws. Some worry that parents will challenge the right to play of cisgendered girls who are taller or more muscular than their peers — or just a whole lot better.
One of athletes who sued Idaho over its 2020 law was a 17-year-old cisgendered girl, listed only as Jane Doe. The lawsuit said she had an “athletic build” and wanted to avoid ”invasive or uncomfortable” gender tests.
“It’s going to create this feeling in some people that, ‘I can go question someone’s gender, and it’s my right to do that,’” said G.A. Buie, executive director of United School Administrators of Kansas, an association representing public school leaders.
Parents, doctors and LGBTQ+ rights advocates say restrictions on transgender athletes are less about sports and more about trying to make transgender kids disappear from society.
“What lawmakers fail to understand is that transgender people, nonbinary people, intersex people, have always been here,” said Anne Lieberman, policy and programs director for Athlete Ally, a group that advocates for transgender athletes. “Unless it is known that a student is trans, it is very hard to keep somebody from playing sports.”
Female transgender athletes who transitioned after male puberty will no longer be able to compete in women’s races, world cycling governing body the UCI said Friday.
The decision came after American rider Austin Killips became the first openly transgender woman to win an official cycling event earlier this year.
“From now on, female transgender athletes who have transitioned after (male) puberty will be prohibited from participating in women’s events on the UCI International Calendar — in all categories — in the various disciplines,” the international federation said in a statement.
The UCI said the ban, starting on Monday, was necessary to “ensure equal opportunities.”
Killips rode to victory in the fifth stage of the Tour of the Gila, one of the marquee U.S. stage races. Her victory provoked a negative reaction by some cycling fans and former racers despite the 27-year-old athlete having adhered to a policy put in place by the UCI last year requiring transgender athletes to have serum testosterone levels of 2.5 nanomoles per liter or less for at least 24 months before competing in women’s events.
The UCI said Friday it “has taken note of the state of scientific knowledge, which does not confirm that at least two years of gender-affirming hormone therapy with a target plasma testosterone concentration of 2.5 nmol/L is sufficient to completely eliminate the benefits of testosterone during puberty in men.”
It also noted the difficulty to “draw precise conclusions about the effects” of gender-confirming hormone therapy.
“Given the current state of scientific knowledge, it is also impossible to rule out the possibility that biomechanical factors such as the shape and arrangement of the bones in their limbs may constitute a lasting advantage for female transgender athletes,” the UCI added.
Despite the ban, UCI president David Lappartient said “the UCI would like to reaffirm that cycling — as a competitive sport, leisure activity or means of transport — is open to everyone, including transgender people, whom we encourage like everyone else to take part in our sport.
It also noted the difficulty to “draw precise conclusions about the effects” of gender-confirming hormone therapy.
“Given the current state of scientific knowledge, it is also impossible to rule out the possibility that biomechanical factors such as the shape and arrangement of the bones in their limbs may constitute a lasting advantage for female transgender athletes,” the UCI added.
Despite the ban, UCI president David Lappartient said “the UCI would like to reaffirm that cycling — as a competitive sport, leisure activity or means of transport — is open to everyone, including transgender people, whom we encourage like everyone else to take part in our sport.
Champion runner Caster Semenya won a potentially landmark legal victory on Tuesday when the European Court of Human Rights decided she was discriminated against by sports rules that force her to medically reduce her natural hormone levels to compete in major competitions.
The ruling by the Strasbourg, France-based court questioned the “validity” of the contentious international athletics regulations in that they infringed Semenya’s human rights.
But the two-time Olympic champion’s first legal success after two failed appeals in sports’ highest court and the Swiss supreme court came with a major caveat. Amid her bid to be allowed to run again without restriction and go for another gold at next year’s Olympics in Paris, Tuesday’s judgment, while major, did not immediately result in the rules being dropped.
That might still take years.
The South African athlete’s challenge against the testosterone rules began in 2018.
It has gone from the Switzerland-based Court of Arbitration for Sport to the Swiss supreme court and now the European rights court. The 4-3 ruling in Semenya’s favor by a panel of human rights judges merely opened the way for the Swiss supreme court to reconsider its decision.
That might result in the case going back to CAS in Lausanne. And only then might the highly controversial rules enforced by World Athletics be possibly removed.
The 32-year-old Semenya, who has been barred by the rules from running in her favorite 800-meter race since 2019 and has lost four years of her career at her peak, has only 13 months until Paris.
In a statement soon after the European rights court’s decision was published, World Athletics showed no sign of budging and said its rules would “remain in place.”
“We remain of the view that the … regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found,” World Athletics said.
World Athletics also said it would be “encouraging” the government of Switzerland to appeal the ruling. Switzerland was the respondent in the case because Semenya was challenging her last legal loss in the Swiss supreme court. Switzerland’s government has three months to appeal.
The Swiss government was also ordered to pay Semenya 60,000 euros ($66,000) for costs and expenses.
There was no immediate reaction from Semenya or her lawyers in South Africa.
While Semenya has been at the center of the highly emotive issue of sex eligibility in sports and is the issue’s figurehead in challenging the rules, she is not the only athlete affected. At least three other Olympic medalists have also been impacted by the rules that set limits on the level of natural testosterone female athletes may have if they want to compete. World Athletics says there are “a number” of other elite athletes who fall under the regulations.
There are no testosterone limits in place for male athletes.
Semenya’s case is not the same as the debate over transgender women who have transitioned from male to female being allowed to compete in sports, although the two issues do have crossover.
Semenya was identified as female at birth, raised as a girl and has been legally identified as female her whole life. She has one of a number of conditions known as differences in sex development, or DSDs, which cause naturally high testosterone that is in the typical male range.
Semenya says her high natural testosterone should be considered a genetic gift in the same way as a basketballer’s height or a swimmer’s long arms.
While track authorities can’t challenge Semenya’s legal gender, they say her condition includes her having the typical male XY chromosome pattern and physical traits that make her “biologically male,” an assertion that has enraged Semenya. World Athletics says Semenya’s testosterone levels give her an athletic advantage that is comparable to a man competing in women’s events and there needs to be rules to address that.
To do that, track has enforced rules since 2019 that require athletes like Semenya to artificially reduce their testosterone to below a specific mark, which is measured through the amount of testosterone recorded in their blood. They can do that by taking daily contraceptive pills, having hormone-blocking injections, or undergoing surgery under the rules. If athletes choose one of the first two options, they would effectively need to do it for their entire careers to remain eligible to compete regularly.
Semenya has railed against the regulations, and refused to follow them since 2019, saying they discriminated against her because of her condition.
On Tuesday, the European Court of Human Rights agreed. It also found for Semenya on another point of her appeal, that she wasn’t given “effective remedy” against that discrimination when the Court of Arbitration for Sports and the Swiss supreme court both denied her appeals.
There were “serious questions as to the validity” of the testosterone rules, the court said, including with any side effects of the hormone treatment athletes would have to undergo, the difficulties in them remaining within the rules by trying to control their natural hormone levels, and the “lack of evidence” that their high natural testosterone actually gave them an advantage anyway.
That last point struck at the heart of the regulations, which World Athletics has always said is about dealing with the unfair sports advantage Semenya has over other women.
The European rights court also found Semenya’s second legal appeal against the rules at the Swiss supreme court should have led to “a thorough institutional and procedural review” of the rules, but that did not happen.
The rules have been made stricter since Semenya launched her case at the European rights court, with World Athletics announcing in March that athletes would have to reduce their testosterone level to an even lower mark. The updated regulations also apply to every event and not just Semenya’s favored range between 400 meters and one mile, which they did previously.
A federal judge has blocked a Wisconsin school district from requiring transgender students to use bathrooms and locker rooms that match the sex they were assigned at birth while a lawsuit plays out against the school.
U.S. District Judge Lynn Adelman said Thursday that the Mukwonago Area School District must allow a transgender student to use facilities that align with their gender identity, temporarily blocking a policy approved last month by the school board, the Milwaukee Journal Sentinel reported.
The order comes in a lawsuit brought anonymously by an 11-year-old transgender student and her mother. The judge ruled that the school’s policy was causing emotional and mental harm to the student, who was described as a boy at birth but has identified as a girl since she was three years old.
Mukwonago Area School District offices in Mukwonago, Wisc.Google maps
According to court documents, school officials have monitored which bathrooms the student uses and forced her to go to boys’ bathrooms or gender-neutral bathrooms at Mukwonago High School, where she is enrolled in summer school classes.
Adelman ruled that the student’s case was likely to succeed at trial, citing a similar case in Kenosha in 2017, in which a judge held that a school could not block a transgender student from using bathrooms that matched their gender identity.
The Village of Mukwonago is located in conservative Waukesha County, a Milwaukee suburb that has been key to Republican victories in the state. Across the country, Republican lawmakers have passed measures in recent years to restrict which bathrooms transgender students can use in public schools and universities.
On an early morning in June, Flower Nichols and her mother set off on an expedition to Chicago from their home in Indianapolis.
The family was determined to make it feel like an adventure in the city, though that wasn’t the primary purpose of the trip.
The following afternoon, Flower and Jennilyn Nichols would see a doctor at the University of Chicago to learn whether they could keep Flower, 11, on puberty blockers. They began to search for medical providers outside of Indiana after April 5, when Republican Gov. Eric Holcomb signed a law banning transgender minors from accessing puberty blockers and other hormone therapies, even after the approval of parents and the advice of doctors.
At least 20 states have enacted laws restricting or banning gender-affirming care for trans minors, though several are embroiled in legal challenges. For more than a decade prior, such treatments were available to children and teens across the U.S. and have been endorsed by major medical associations.
Indiana Gov. Eric Holcomb in Indianapolis on Jan. 10.Darron Cummings / AP file
Opponents of gender-affirming care say there’s no solid proof of purported benefits, cite widely discredited research and say children shouldn’t make life-altering decisions they might regret. Advocates and families impacted by the recent laws say such care is vital for trans kids.
On June 16, a federal judge blocked parts of Indiana’s law from going into effect on July 1. But many patients still scrambled to continue receiving treatment.
Jennilyn Nichols wanted their trip to Chicago to be defined by happy memories rather than a response to a law she called intrusive. They would explore the Museum of Science and Industry and, on the way home, stop at a beloved candy store.
Preserving a sense of normalcy and acceptance, she decided — well, that’s just what families do.
Navigating new laws
Families in Indiana, Mississippi and other states are navigating new laws that imply or sometimes directly accuse them of child abuse for supporting their kids in getting health care. Some trans children and teens say the recent bans on gender-affirming care in Republican-led states send the message that they are unwelcome and cannot be themselves in their home states.
For parents, guiding their children through the usual difficulties of growing up can be challenging enough. But now they are dealing with the added pressure of finding out-of-state medical care they say allows their children to thrive.
In the Nichols family alone, support took many forms as they traveled to Chicago: a grandmother who pitched in to babysit Flower’s 7-year-old brother, Parker, while their father Kris worked; a community of other parents of trans kids who donated money to make the trip more comfortable.
“What transgender expansive young people need is what all young people need: They need love and support, and they need unconditional respect,” said Robert Marx, an assistant professor of child and adolescent development at San José State University. Marx studies support systems for LGBTQ and trans people aged 13 to 25. “They need to feel included and part of a family.”
In Indiana, rancorous legislative debates, agitated family relationships and exhaustive efforts to find care have drawn families to the support group GEKCO, founded by Krisztina Inskeep, whose adult son is transgender. Attendance at monthly meetings spiked after the state legislature advanced bills targeting trans youth, she said.
“I think most parents want to do best by their kids,” Inskeep said. “It’s rather new to people, this idea that gender is not just a binary and that your kid is not just who they thought at birth.”
The perceptions of most parents, Marx said, don’t align neatly with the extremes of full support or rejection of their kids’ identities.
“Most parents exist in a kind of gray area,” Marx said. “Most parents are going through some kind of developmental process themselves as they come to understand their child’s gender.”
‘This is just like who I am’
On June 13, Flower and Jennilyn set off on their trip, unsteady but hopeful. They brought a care plan from Indiana University’s Riley Children’s Hospital, the Hoosier State’s only gender clinic.
At the time, the pair worried whether Chicago providers could meet their request for full-time support or as a backup if Indiana’s ban went on hold. They considered whether they could make the drive every three months, the necessary interval between Flower’s puberty blockers.
The decision for Flower to start puberty blockers two years ago wasn’t one the family took lightly.
Jennilyn recalled asking early on whether her daughter’s gender expression was permanent. She wondered if she had failed as a mom, especially while pregnant — was it an incorrect food? A missed vitamin?
Ultimately she and Kris dismissed those theories, ungrounded in science, and listened to their daughter, who recalled the euphoria of wearing princess dresses at an early age. Flower cherished a Little Red Riding Hood cape and felt certain of her identity from the start.
Flower Nichols in Chicago on June 13.Teresa Crawford / AP file
“I remember that I really disliked my name,” Flower said of her birth name. “This is just like who I am. It’s all that I have a memory of.”
Conversations between Flower and her mother are often marked by uncommon candor, as when discussing early memories together at an Indianapolis park.
“Before I knew you and before I walked this journey with you,” Jennilyn told her, “I would not have thought that a kid would know they were trans or that a kid would just come out wired that way. I always thought that that was something adults figured out, and so there were times that it was really scary because I didn’t know how the world would accept you. I didn’t know how to keep you safe.”
Now, Jennilyn said, her worries have shifted to Flower’s spelling skills and how she’ll navigate crushes.
Flower, for her part, appreciates being heard. She said she and her parents make medical decisions together because, “of course, they can’t decide on a medicine for me to take.”
“At the same time, you can’t pick a medicine that we can’t afford to pay for or that, you know, might harm you,” Jennilyn responded.
“That’s what I really like about her,” Flower said, of her mother. “She leaves a lot of my life up to me.”
‘They’re ripping our lives apart’
In Mississippi, a ban on gender-affirming care became law in the state on Feb. 28 — prompting a father and his trans son to leave the state at the end of July for Virginia. There, he can keep his health care and continue to see doctors.
“We are essentially escaping up north,” said Ray Walker, 17.
Walker lives with his mother, Katie Rives, in a suburb of Jackson, the state capital. His parents are divorced, but his father also lived in the area. Halfway through high school, Walker is an honors student with an interest in theater and cooking. He has a supportive group of friends.
When Mississippi Republican Gov. Tate Reeves signed the bill banning hormone therapy for anyone younger than 18, he accused “radical activists” of pushing a “sick and twisted ideology that seeks to convince our kids they’re in the wrong body.”
Mississippi Republican Gov. Tate Reeves signs Mississippi House Bill 1125 to ban gender-affirming care in the state for anyone younger than 18 on Feb. 28 in Jackson.Rogelio V. Solis / AP file
The state’s largest hospital halted hormone treatments for trans minors months before Reeves signed the ban. That hospital later closed its LGBTQ clinic.
After that clinic stopped offering its services, Walker and other teenagers received treatment at a smaller facility in another city, but those services ended once the ban took effect.
As access to gender-affirming dwindled and was later outlawed, Walker’s father, who declined to be interviewed, accepted a job in Virginia, where his son could keep his health care. Walker plans to move in with his father this month. Rives, however, is staying in Mississippi with her two younger children.
Walker’s memories of the anguished period when he started puberty at 12 still haunt him. “My body couldn’t handle what was happening to it,” he said.
After a yearslong process of evaluations, then puberty blockers and hormone injections, Walker said his self-image improved.
Then the broad effort in conservative states to restrict gender-affirming care set its sights on Mississippi. The path toward stability that Walker and his family forged had narrowed. It soon became impassable.
Ray Walker, 17, left, and his mother, Katie Rives, discuss his moving to Virginia for continued gender-affirming care on June 28 in Madison County, Miss.Rogelio V. Solis / AP file
“I was born this way. It’s who I am. I can’t not exist this way,” Walker said. “We were under the impression that I still had two years left to live here. The law just ripped all of that up. They’re ripping our lives apart.”
The family sees no alternative.
“Mississippi is my home, but there are a lot of conflicting feelings when your home is actively telling you that it doesn’t want you in it,” Walker said.
As Walker’s moving date approaches, Rives savors the moments the family shares together. She braces for the physical distance that will soon be between them. Her two younger sons will lose Ray’s brotherly presence in their daily lives.
She still feels lucky.
“We know that’s an incredibly privileged position to be in,” Rives said of her son moving to Virginia. “Most people in Mississippi cannot afford to just move to another state or even go to another state for care.”
‘She belongs’
Flower, initially dispirited by the debates at the Indiana Statehouse, brightened after her parents took her to her first Pride march on June 10 in Indianapolis.
She tied a transgender pride flag around her shoulders and covered her pink shirt in every rainbow heart-shaped sticker she could find. She gripped a sign that read: “She belongs.”
Her favorite activities are often less inflected with politics than her status as a soon-to-be teenager. She’s a Girl Scout who enjoys catching Pokemon with her brother. Before the trip, she zipped around an Indianapolis park on a pink scooter, her hair tangled by the wind.
Flower Nichols and her mother, Jennilyn, in front of the Museum of Science and Industry in Chicago on June 13.Teresa Crawford / AP file
Prior to entering Chicago’s Museum of Science and Industry, Flower used a women’s bathroom. At a diner in the city, she ordered a mint chocolate chip milkshake and a vegan grilled cheese. Jennilyn created an itinerary to make their experience as joyful and uncomplicated as possible.
“First of all, we’re going be able to chill at the hotel in the morning,” Flower said. “Second of all, there’s a park nearby that we can have a lot of fun in. Third of all, we might have a backup plan, which is really exciting. And fourth of all: Candy store!”
The doctor’s appointment the following day, initially intimidating, soon gave them another reason to celebrate: If care was not available in Indiana, they could get it in Chicago.
“Indiana could do whatever the hell they’re going to do,” Jennilyn said, “and we can just come here.”
Arizona Gov. Katie Hobbs issued two pro-LGBTQ executive orders on Tuesday, banning state support of so-called conversion therapy and allowing transgender state employees to receive gender-affirming health care under their insurance plan.
Hobbs made the announcement from the offices of a central Phoenix nonprofit that focuses on helping LGBTQ youth.
Under the executive actions, state agencies will be prohibited from using funds to promote or facilitate so-called conversion therapy, the scientifically discredited practice of using therapy to “convert” LGBTQ people to heterosexuality or traditional gender expectations.
Also, state employee health insurance plans can no longer list gender-affirming surgery as ineligible for coverage. A ban on such coverage was enacted in 2017.
The change will impact former and current state employees and public university workers.
That order effectively resolves an ongoing lawsuit brought in 2019 by Dr. Russell Toomey, a University of Arizona professor who is transgender and sought coverage for a “medically necessary” surgery. ACLU attorneys representing Toomey said Tuesday they will file a motion to settle the case.
A federal judge on Wednesday struck down Florida rules championed by Gov. Ron DeSantis restricting Medicaid coverage for gender dysphoria treatments for potentially thousands of transgender people.
“Gender identity is real” and the state has admitted it, U.S. District Judge Robert Hinkle wrote in a 54-page ruling.
He said a Florida health code rule and a new state law violated federal laws on Medicaid, equal protection and the Affordable Care Act’s prohibition of sex discrimination.
They are “invalid to the extent they categorically ban Medicaid payment for puberty blockers and cross-sex hormones for the treatment of gender dysphoria,” Hinkle wrote.
The judge said Florida had chosen to block payment for some treatments “for political reasons” using a biased and unscientific process and that “pushing individuals away from their transgender identity is not a legitimate state interest.”
An email seeking comment from the DeSantis’ office wasn’t immediately returned.
Hinkle’s harsh language echoed that in his ruling two weeks ago over a law that bans transgender minors from receiving puberty blockers. Hinkle, who was appointed by Democratic President Bill Clinton, issued a preliminary injunction so that three children could continue receiving treatment.
The DeSantis administration and the Republican-controlled Legislature had banned gender-affirming treatments for children and a law that DeSantis signed in May made it difficult — even impossible —for many transgender adults to get treatment.
The latest ruling involved a lawsuit filed last year on behalf of two adults and two minors, but advocacy groups estimate that some 9,000 transgender people in Florida use Medicaid to fund their treatments.
Hinkle also addressed the issue of whether gender-affirming treatments were medically necessary and noted that transgender people have higher rates of anxiety, depression and suicide than the general population.
Transgender medical care for minors is increasingly under attack — Florida is among 19 states that have enacted laws restricting or banning treatment. But it has been available in the United States for more than a decade and is endorsed by major medical associations.
Dozens of LGBTQ+ Pride flags were damaged and ripped down at the Stonewall National Monument over the weekend, the third such bout of vandalism at the LGBTQ+ landmark during this Pride Month, police said.
The latest occurrence happened Sunday, after others on June 9 and June 15. No arrests have been made in any of the incidents, and it’s unclear whether they were connected. The New York Police Department’s Hate Crimes Task Force is investigating.
On Sunday, officers were called around 8 a.m. and found about 33 Pride flags broken and tossed to the ground, police said.
Park volunteer Steven Menendez told New York’s Fox 5 News that, in all, 68 flags — nearly a quarter of those displayed — were damaged in some way.
“We have so much hatred and anger in the air right now,” Menendez told the station. “We really need to reverse that and replace it with love compassion and acceptance.”
The Stonewall National Monument, the first U.S. national monument to LGBTQ+ history, was dedicated in 2016. It encompasses a park across the street from the Stonewall Inn, a bar where patrons fought back against a police raid on June 28, 1969, and helped spark the contemporary LGBTQ+ rights movement.
The Stonewall rebellion is commemorated every year with Pride marches in cities across the U.S. and the world.
All major social media platforms do poorly at protecting LGBTQ users from hate speech and harassment — especially those who are transgender, non-binary or gender non-conforming, the advocacy group GLAAD said Thursday. But Twitter is the worst.
In its annual Social Media Safety Index, GLAAD gave Facebook, Instagram, TikTok, YouTube and Twitter low or failing scores, saying the platforms don’t do enough to keep their users safe. That said, most improved from a year ago.
Twitter, which was acquired by Tesla CEO Elon Musk last October, was the only exception. GLAAD’s scorecard called it “the most dangerous platform for LGBTQ people” and the only one that saw its scores decline from last year.
Twitter’s communications staff was eradicated after Musk took over the company and for months inquiries to the press office have been answered only an automated reply of a poop emoji, as was the case when The Associated Press reached out to the company for comment.
LGBTQ advocates have long warned that online hate and harassment can lead to violence offline. But even when it does not, online abuse can take a toll on a person’s mental health.
“There isn’t a week that goes by that we don’t have a doxxing situation for somebody in our community that we have to come in and help them stop it and stop the hate, stop the vitriol and stop the attacks,” said GLAAD CEO and President Sarah Kate Ellis referring to the malicious practice that involves gathering private or identifying information and releasing it online without the person’s permission, usually in an attempt to harass, threaten, shame or exact revenge. “It’s really been amped up to a level that we’ve never seen before.”
On Twitter, attacks on LGBTQ users have increased substantially since Elon Musk took over the company last fall, according to multiple advocacy groups.
A big part of the reason is the drastic staffing cuts Musk has enacted since his takeover — there are simply not enough content moderators to handle the flood of problematic tweets that range from hate speech to graphic material and harassment. Musk has also described himself as a “free-speech absolutist” who believes Twitter’s previous policies were too restricting.
In April, for instance, Twitter quietly removed a policy against the “targeted misgendering or deadnaming of transgender individuals,” raising concerns that the platform is becoming less safe for marginalized groups. Musk has also repeatedly engaged with far-right figures and pushed misinformation to his 143 million followers.
Twitter, as part of the same retooling of its site policies, also changed how it responds to tweets that violate its rules. While in the past, offending tweets were removed, the company now says it will sometimes restrict a tweet instead of removing it from the platform altogether.
“Twitter is is largely a cesspool now. You can’t post without getting attacked. There’s no room for conversation. It is just about hand-to-hand combat,” Ellis said. “And that’s what it is. It’s like backyard dogfights.”
Ellis lamented that before the takeover, Twitter was a “leader” among major social media platforms when it comes to protecting LGBTQ users.
Meta, which owns Facebook and Instagram, saw a 15 percentage point score increase for both its platforms, to 61% and 63%, respectively. GLAAD’s index measures 12 LGBTQ-specific indicators, such as explicit protections from hate and harassment for LGBTQ users, offering gender pronoun options on profiles, and prohibiting advertising that could be harmful or discriminatory to LGBTQ people.
While Meta has improved and has strong policies in place, GLAAD says the company does not consistently enforce them. For instance, the group says for many abusive posts that it reports, Meta will send an automated response stating that due to the high volume of reports it receives, it is not able to review the post.
Meta said in a prepared statement that it works with “civil society organizations around the world in our work to design policies and create tools that foster a safe online environment,” including getting input from LGBTQ safety and advocacy organizations.
TikTok, which saw its score increase from 14 points to 57%, said it is “proud to have strong policies aimed at protecting LGBTQ+ individuals from harassment and hate speech, including misgendering and deadnaming, and we’re always looking to strengthen our approach, informed both by our community and the advice of experts, such as GLAAD.”
Google’s YouTube, meanwhile, scored 54%, up nine points from 2022.
“Our policies prohibit content that promotes violence or hatred against members of the LGBTQ+ community. Over the last few years, we’ve made significant progress in our ability to quickly remove this content from our platform and prominently surface authoritative sources in search results and recommendations,” said spokesperson Jack Malon.
Musk, in tweets and public statements, has repeatedly said he supports freedom of speech and calls himself a “free speech absolutist” who wants to turn Twitter into a “digital town square” where people with differing views can debate freely. The company’s newly installed CEO, Linda Yaccarino, also tweeted recently that “you should have the freedom to speak your mind. We all should.”
But GLAAD and other organizations advocating for marginalized groups note that unfettered freedom for one group can infringe on the free speech of others.
“Freedom of speech does not mean I get to, you know, bully and harass people relentlessly,” said Jenni Olson, GLAAD’s director of social media safety. “And that is why companies have hate speech policies, because … if someone is bullying and harassing me that actually means that I don’t have freedom of speech because I’m afraid to say anything.”
