Inauguration Day is still five weeks away and gay married couples are already watching for signs conservative lawmakers and the courts may attempt to turn back the clock.

In Obergefell v. Hodges, the Supreme Court ruled in 2015 it was unconstitutional to prohibit same-sex marriage.

Marshall Martinez, executive director of the advocacy group Equality New Mexico, said it is concerning two justices have publicly suggested the 2015 court decision should be re-litigated but encouraging Congress passed the "Respect for Marriage Act" in 2022.

"What we know right now, even if Obergefell is overturned, as long as New Mexico maintains the legalization of same-sex marriages, the federal government will still recognize those New Mexicans' marriages," Martinez outlined.

In supporting the high court's decision to overturn abortion rights in 2022, Justice Clarence Thomas said the court also should revisit the same-sex marriage decision. Justice Samuel Alito has also criticized the landmark ruling. President-elect Donald Trump did not make marriage equality a campaign issue but has surrounded himself with anti-LGBTQ+ staff and appointees.

Martinez reported within the first two days after the Nov. 5 election, LGBTQ+ crisis lines in the U.S. experienced a 700% increase in calls from people concerned about what the outcome might mean for those who identify as gay. He stressed fear and anxiety are premature.

"We're not going to sugarcoat it forever but we have been saying, 'It's not time to panic,'" Martinez explained. "And what we mean by that is we don't know what's going to happen yet. We have some ideas of what they might want to do but we don't know and there's nothing helpful about sort of sitting around in despair and panic, trying to anticipate the worst-case scenario."

Martinez believes some conservative states will continue to criminalize the LGBTQ+ community through bans on gender-affirming care, while others worry newly appointed Trump officials will attempt to slash federal funding for HIV prevention and treatment.

By Vanessa Davidson / Broadcast version by Farah Siddiqi reporting for the Kent State NewsLab-Ohio News Connection Collaboration.

Ohio’s House Bill 8, known as the “Parents’ Bill of Rights,” will take effect April 9.

The bill was signed into law in January. It requires K-12 public schools to adopt a policy for parents to be notified by their child’s school if they have “any substantial change in the student's services, including counseling services,” or in their “mental, emotional, or physical health or well-being.”

This includes any request by the student to “identify as a gender that does not align with the student's biological sex,” meaning if they are not already out to their parents, schools will be required to do it for them.

Advocates for LGBTQ+ youth worry the bill will cause unnecessary anxiety for students.

“It’s part of such a long string of attacks against [queer and trans students’] identities and their very right to exist,” said Mallory Golski, civic engagement and advocacy manager at Kaleidoscope Youth Center. She says young people are considering leaving the state because, “while this legislation just targets K-12 schools right now, they know it’s only a matter of time until their lives are impacted beyond that.”

And educators worry that the bill will cause conflicts between district guidelines and state law.

“It really puts counselors and other people in this rock and a hard place position because it’s so absolutist,” said Carrie Frederick, a school counselor at East Columbus High School.

The bill says parents have “a fundamental right” to make decisions about their children in schools.

Ohio State Rep. D. J. Swearingen, one of the two primary sponsors of the bill, said in a press release, “I’m grateful to see the Parents’ Bill of Rights officially cross the finish line. This critical legislation will ensure parents have a voice when it comes to the health and wellbeing of their children.”

Swearingen, former State Rep. Sara Carruthers, the other primary sponsor of the bill, and others who testified for the bill did not respond to multiple requests for comment.

Educator concerned about supporting queer students

Frederick said he worries about how the bill will affect students’ coming out processes.

“I definitely know there are students out there that are going to have a lot of anxiety, even if maybe they don’t need to,” Frederick said. “They don’t know that.”

Frederick said school counselors help students navigate the uncertainty of how parents might react to their coming out. Counselors can walk students through the typical process, which starts with coming out to one or two people a child is close with, then a small friend group and, finally, adults they trust.

“The vast majority, they would like to come out to their parents as part of that process, but they’re not always going to be ready the first day,” Frederick said. “We miss that opportunity, if the immediate reaction is, ‘I have to tell your parents right now,’ then now, we’ve broken that student’s trust.”

Frederick said his district’s ethical standards say that part of supporting students is not outing them to anyone they do not want to be outed to. After H.B. 8 takes effect, those guidelines are now in direct conflict with state law, he said.

Scott DiMauro, president of the Ohio Education Association, said his organization is working in collaboration with the Ohio School Counselor Association to analyze the law and give their members the best guidance they can to adhere to the law and still fulfill their responsibilities as educators.

But, he said the definitions in the bill are vague, and a lot of it is open to interpretation.

“Does an offhanded comment by a student that’s made to another student but overheard by a teacher, does that rise to the level where a teacher needs to call the parent?” he said. “That’s one of the big concerns that we had about the bill is that the bill, in a lot of ways, creates more questions than answers.”

Ensuring students feel safe at school

DiMauro said the bill creates a sense of fear for both educators and students, as well as the concern that people are going to be looking over their shoulders, censoring themselves and limiting what they teach due to fear of a lawsuit or an adverse reaction from a parent.

A 2023 study by the Centers for Disease Control and Prevention found that an estimated 40% of transgender and questioning students were bullied at school, and 69% of questioning students and 72% of transgender students experienced “persistent feelings of sadness or hopelessness, a marker for experiencing depressive symptoms.”

“Allowing somebody to be themselves takes away that one aspect of their focus that day,” said Golski of the Kaleidoscope Youth Center. “By removing that one factor and knowing that, ‘Okay, when I go into this classroom, at least my teacher is going to accept me,’ that opens up their ability to focus on what they actually need to be focusing on in schools.”

Frederick said his plan after April 9 is to be as transparent as possible with his students, making sure they are aware of what information he has to share with their guardians before they tell him confidential information. But, the younger the student, the harder it will be for them to understand.

Golski said districts can comply with the law in gentle ways, too. She suggested that if a student discloses information about their sexual orientation for the first time, teachers or counselors might report it to a family member who may be more supportive than another, for instance.

“Teachers shouldn’t just jump to not supporting their queer and trans students at all,” she said.

She also said districts should be cautious before jumping to immediately creating an overly harsh policy, and that adults in schools should make sure it is widely known that they are supportive of queer and trans students.

DiMauro suggested joining the LGBTQ+ caucus at the national and state level, and in schools, putting up ‘I’m here’ safe stickers on windows or places students will see so they know they can trust teachers to be on their side.

“At the end of the day, it’s these young people’s lives, and they’re the ones who have to wake up every day and get ready for school knowing that they’re going to have to face this as an actual reality,” Golski said. “Legislators, by targeting queer and trans students with this legislation, are bullying students, and that is the real detraction from students’ ability to receive a quality education.”


This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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Today is the International Trans Day of Visibility, to recognize the contributions of transgender people in society -- and raise awareness of the discrimination they face worldwide.

More than 800 pieces of legislation targeting trans rights have been introduced across the nation this year alone, including eight in Washington state.

Jade Lenore Le Duff is the chief of staff with the Black and trans-led Lavender Rights Project. She said it's alarming that some politicians feel they have the power to "erase" trans people, and that it's critical to have a day that affirms trans identities.

"Especially for youth to see that, regardless of what's happening in our current political landscape, that we're still here," said Le Duff, "we're still advocating, we're still fighting."

Nearly a third of anti-trans bills nationwide target educational settings, while two bills in Olympia aim to strengthen queer and trans students' rights to privacy.

One would require a student's consent before sharing confidential medical and counseling documents. Another would amend the "Parents Right Initiative," adding a statement of students' rights.

On his first day in office, President Donald Trump signed an executive order eliminating the federal recognition and protection of transgender and nonbinary people.

Le Duff said if you're wondering how to support trans and other gender-nonconforming people -- today and every day -- start by checking in with trans people you know, and acknowledging their experience.

"I would hope they would not only join in the fight for liberation," said Le Duff, "but also in some way, shape, or form, be visible in the same ways that we are."

Le Duff said she is concerned that trans people, who represent just 0.6% of the population, are being used as political scapegoats. But, she added, she still has hope for the future.

"Regardless of the attack, regardless of the willful ignorance, we've always forged a way forward," said Le Duff, "and we will again."

Today, Montanans will gather outside the Statehouse to observe International Transgender Day of Visibility, during a legislative session that has targeted that community.

More than 500 bills aimed at the LGBTQ+ community have been brought to legislatures across the U.S. this session. Montana lawmakers introduced more than 20 - the highest rate in the region.

Last week, Gov. Greg Gianforte signed two such bills - one prohibiting trans girls and women from playing school sports and another dictating access to public bathrooms, locker rooms, and changing rooms.

Julia Maxon, program director for Catalyst Montana, said the Day of Visibility is timely.

"While we should celebrate and uplift trans people every day," said Maxon, "it is especially important now because of all of the attempts to attack the trans community coming from our state Legislature."

In a video on X, Gianforte said the laws promote "fairness, privacy and security."

The American Civil Liberties Union, in support of a temporary restraining order and preliminary injunction against House Bill 121, argues that it violates the right to privacy guaranteed in the State Constitution.

Maxon said trans Montanans are "fellow Montanans" and that lawmakers' efforts to target that community come to the detriment of all residents.

"Like other Montanans," said Maxon, "we just want the Legislature to focus on issues facing all of us, including but not limited to affordable housing, access to health care, and child care."

The Day of Visibility observance will be at the Capitol's flag plaza at noon. Maxon said it will include speakers and activities meant to "build community and solidarity."



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