Yearly Archives: 2023

House Bill 1589: Allows medical suits of health care providers of gender affirming care

Analysis:
This bill appears to allow lawsuits directed at health care providers of gender-affirming care.

House Bill 1589
Authored by Rep. Julie McGuire.

DIGEST
Malpractice regarding gender therapeutics. Allows a claimant to bring a medical malpractice claim regarding gender transition treatment within 15 years after the individual becomes 21 years of age.

Actions for House Bill 1589
H 01/19/2023 First reading: referred to Committee on Public Health
H 01/19/2023 Authored by Representative McGuire

Link to PDF File of Introduced Bill: HB1589.01.INTR

Continue ReadingHouse Bill 1589: Allows medical suits of health care providers of gender affirming care

House Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

UPDATE 02/22/2023 – This bill was passed amended by House
UPDATE 02/24/2023 – Referred to the Senate

House Bill 1608 Bans any discussion of same-sex couples or transgender people in K-3 classrooms or elementary schools. This would outlaw teachers with same-sex partners mentioning their family or students with two same-sex parents discussing their family at school. Would ban children’s books like “Tango Makes Three” about same-sex penguin couples having a child.

Updated Analysis – Drastic alterations to the bill target trans children in schools, including allowing bullying, harassment by students and staff and outing gender non-conforming students to Parents.

House Bill 1608
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Jake Teshka, Rep. Chris Jeter, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jeff Raatz, Sen. Gary Byrne.

Original DIGEST
Sexual orientation and gender identity instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 in which the goal or purpose of the instruction is to study, explore, or inform students about sexual orientation, gender identity, or certain other concepts. Defines “school” for purposes of this provision.

AMENDED DIGEST
Synopsis: Human sexuality instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 on human sexuality. Provides that a school employee or a school staff member is not prohibited from responding to a question from a student regarding certain topics. Provides that an employee or staff member of a school may only use a name, pronoun, title, or other word to identify a student that is inconsistent with the student’s sex if the student, who is an adult or an emancipated minor, or the parent of an unemancipated minor requests in writing the use of a specific name, pronoun, title, or other word to identify the student. Provides that a request must be submitted at the beginning of a school year. Requires a school to notify the parent of a certain student of a request made by the student to change the student’s name, pronoun, title, or other word to identify the student that is inconsistent with the student’s sex. Provides that a school may not discipline an employee or staff member of the school for using a name, pronoun, title, or other word to identify a student that is consistent with the student’s legal name.

Actions for House Bill 1608
H 02/24/2023 Referred to the Senate
H 02/23/2023 Senate sponsors: Senators Donato, Raatz, Byrne
H 02/23/2023 Third reading: passed; Roll Call 220: yeas 65, nays 29
H 02/22/2023 Second reading: ordered engrossed
H 02/20/2023 Committee report: amend do pass, adopted
H 01/19/2023 First reading: referred to Committee on Education
H 01/19/2023 Coauthored by Representatives Teshka, Jeter, Heaton
H 01/19/2023 Authored by Representative Davis

Link to local PDF File of the Introduced Bill: HB1608.01.INTR
Link to local PDF File of the House Roll Call Vote: HB1608.220_H-roll-call-vote

News References:

Source: – February 10, 2023

Continue ReadingHouse Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

House Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

UPDATE 02/14/2023 – passed house; Roll Call 134: yeas 68, nays 24

UPDATE 02/15/2023 – Referred to the Senate

UPDATE 02/27/2023 – referred to Senate Committee on Corrections and Criminal Law

Summary:
House Bill 1569 bans Department of Corrections from providing gender affirming care to prisoners. Specifically prohibits paying for or providing state resources for gender transition of prisoners, including federal funding. This is likely in direct opposition to federal laws about care for transgender prisoners.

House Bill 1569
Authored by Rep. Peggy Mayfield.
Co-Authored by Rep. Joanna King.
Sponsored by Sen. Stacey Donato.

DIGEST
Restrictions on DOC provision of gender therapy. Provides that the department of correction may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate the provision of hormonal therapy or sexual reassignment surgery to an offender patient.

Actions for House Bill 1569
S 02/27/2023 First reading: referred to Committee on Corrections and Criminal Law
H 02/15/2023 Referred to the Senate
H 02/14/2023 Senate sponsor: Senator Donato
H 02/14/2023 Third reading: passed; Roll Call 134: yeas 68, nays 24
H 02/13/2023 Second reading: ordered engrossed
H 02/09/2023 Committee report: amend do pass, adopted
H 02/06/2023 Representative King J added as coauthor
H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative Mayfield

Link to PDF File of Introduced Bill: HB1569.01.INTR_.pdf
Link to PDF File of Roll Call Vote: HB1569.134_H-roll-call-vote

News References:

Source: The Statehouse File – February 9, 2023
Committee weighs rights of trans prisoners

Source: Indy Star – February 9, 2023
Indiana lawmakers move bill banning state-provided gender-affirming surgery in prison

The American Medical Association and the American Psychological Association do recognize transition-related care as medically necessary.

That care can take a variety of forms, including surgery, and is different for every patient. Just like any other medical decision, the decision comes from an thorough vetting process between clinician and patient, said Richard Brandon-Friedman, a clinician and assistant professor in the IU School of Social Work at IUPUI.

Source: Indy Star – February 23, 2023
An ‘absolute onslaught’: Indiana GOP targets transgender rights

Continue ReadingHouse Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

House Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

UPDATE 02/23/2023 – passed in the house as amended with amendment 2, Referred to the Senate. See senate sponsors. DIGEST OF HB 1407 (Updated February 21, 2023 2:46 pm PDF file: HB1407.03.ENGH-passed-house

UPDATE 02/13/2023 – this bill passed out of committee and will appear before the full house.

—

Summary:
House Bill 1407 Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care. Allows non-custodial parents the right to interfere with custodial parents rights to child care if child is transgender.

House Bill 1407
Authored by Rep. Dale DeVon.
Co-Authored by Rep. Chris Jeter, Rep. Robert Heaton, Rep. Lindsay Patterson.
Sponsored by Sen. Aaron Freeman, Sen. Stacey Donato, Sen. Jeff Raatz.

DIGEST
Parental rights. Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent’s child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent’s rights with respect to the upbringing, education, and health care of the parent’s child. Provides that a child is not a child in need of services due to the child’s parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex. Provides that a juvenile court may not enter a dispositional decree ordering removal of a child from the home of the child’s parent, guardian, or custodian if: (1) the juvenile court has found the child to be a child in need of services under a specified statutory definition of a child in need of services; and (2) the parent, guardian, or custodian of the child: (A) is a fit parent, guardian, or custodian of the child; and (B) does not consent to the child being removed from the child’s home.

Actions for House Bill 1407
H 02/23/2023 Referred to the Senate
H 02/22/2023 Senate sponsors: Senators Freeman, Donato, Raatz
H 02/22/2023 Third reading: passed; Roll Call 199: yeas 58, nays 33 – PDF file of Roll Call: HB1407.199_H-roll-call
H 02/21/2023 Amendment #2 (Jeter) prevailed; voice vote – PDF file of amendment: HB1407.02.COMH.AMH002
H 02/21/2023 Second reading: amended, ordered engrossed
H 02/20/2023 Placed back on second reading
H 02/16/2023 Second reading: ordered engrossed
H 02/13/2023 Passed out of committee
H 02/06/2023 Representative Patterson L added as coauthor
H 01/31/2023 Representative Heaton added as coauthor
H 01/31/2023 Representative Jeter C added as coauthor
H 01/17/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/17/2023 Authored by Representative DeVon

Link to PDF File of Introduced Bill: HB1407.01.INTR
Link to PDF File of 2nd Amendment passed: HB1407.02.COMH.AMH002
Link to PDF File of Roll Call Vote: HB1407.199_H-roll-call
Link to PDF File of Senate Version:

News References:

Source: Indy Star – February 10, 2023
House committee OKs bill seen as anti-transgender targeting DCS care

Source: Herald Bulletin – February 12, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: WTHR – February 17, 2023
Faith leaders condemn Indiana bills they say are hateful to trans youth

Source: TheStatehouseFile.com – Feb 21, 2023
‘Parental rights’ bill concerning gender identity in kids sees second reading in House

Source: Indiana Capitol Chronicle – February 23, 2023
House passes bill supporting parents in transgender DCS cases

DCS told the Capital Chronicle that it does not open cases solely because parents don’t support transitions.

In Cox’s case, DCS removed the child after reports of the parents verbally abusing the child and refusing to treat the child’s eating disorder. An October ruling from the Indiana Court of Appeals affirmed DCS’ actions.

“The Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to Child,” the court ruled.

Continue ReadingHouse Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

Senate Bill 386: Bans teaching civil rights history or information about the history of racism, sexism, homophobia or transphobia in schools

Senate Bill 386 would prevent K-12 and Higher Education public schools from teaching history of civil rights, history of sexism and the women’s movement, and history of discrimination against LGBTQ people in the US. SB-386 attempts to redefine civil rights history as being discriminatory toward groups that have historically held power in the US – cisgender, white, heterosexual men, slave owners and other historically oppressive groups.

Senate Bill 386
Authored by Sen. Jeff Raatz.

DIGEST
Dignity and nondiscrimination in education. Provides that a school corporation or qualified school shall not promote certain concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees to use supplemental learning materials to promote certain concepts regarding age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin. Requires a request to meet with a teacher for certain complaints. Requires each school corporation or qualified school to establish grievance procedures for certain complaints. Provides that, if a parent of a student or a student, if the student is an adult or an emancipated minor, is not satisfied with a final decision, the parent or student may submit a request to the secretary of education (secretary) to review the complaint and decision. Provides that the secretary’s decision is a final order and is appealable. Requires the department of education to create guidance materials and professional development materials for use by school corporations, qualified schools, and teachers.

Actions for Senate Bill 386

S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Raatz

Link to PDF of Introduced Bill: SB0386.01.INTR

Continue ReadingSenate Bill 386: Bans teaching civil rights history or information about the history of racism, sexism, homophobia or transphobia in schools

Senate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Prohibits gender affirming care for any individual under 18 years of age, including to “alter the gender of the minor or delay puberty.” Provides disciplinary actions that may be taken toward healthcare providers including revoking licenses and subjecting them to civil liability.

Senate Bill 480
Authored by Sen. Tyler Johnson.
Co-Authored by Sen. Gary Byrne, Sen. Stacey Donato, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. James Buck, Sen. Aaron Freeman, Sen. Jeff Raatz, Sen. Andy Zay, Sen. Greg Walker, Sen. Mark Messmer, Sen. Jack Sandlin, Sen. Linda Rogers, Sen. James Tomes, Sen. Rick Niemeyer, Sen. Brian Buchanan, Sen. Scott Alexander, Sen. John Crane, Sen. Michael Young.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for Senate Bill 480
S 02/27/2023 Amendment #4 (Yoder) failed; Roll Call 165: yeas 12, nays 37
S 02/27/2023 Amendment #7 (Brown L) prevailed; voice vote
S 02/27/2023 Second reading: amended, ordered engrossed
S 02/23/2023 Senator Young M added as coauthor
S 02/23/2023 Committee report: amend do pass, adopted
S 02/21/2023 Senator Charbonneau added as second author
S 01/30/2023 Senator Crane added as coauthor
S 01/23/2023 Senator Ford Jon removed as coauthor
S 01/19/2023 First reading: referred to Committee on Health and Provider Services
S 01/19/2023 Coauthored by Senators Byrne, Donato, Doriot, Gaskill, Buck, Ford Jon, Freeman, Raatz, Zay, Walker G, Messmer, Sandlin, Rogers, Tomes, Niemeyer, Buchanan, Alexander
S01/19/2023 Authored by Senator Johnson

Link to PDF file of introduced bill: SB0480.01.INTR

Continue ReadingSenate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

House Bill 1525: Prohibiting Gender Affirming Care

No health care professionals, including medical doctors or nurses, or behavioral or human service professionals are allowed affirm a young person’s sexual attraction, behavior or gender identity if different from genitalia or DNA. Prohibits gender confirming surgeries which are rarely performed for on anyone under 18. Prohibits puberty blockers and hormones for those under 18. This bill, like others, does not recognize or distinguish trans youth from young people with precocious puberty, who would also be affected by this bill. “Under the bill’s requirements, there is no direct penalty, but under lawful practice health care professionals could have action taken against them by the State Health Commissioner. The State Health Commissioner could issue a letter of correction or probationary license, conduct a resurvey, deny renewal of a license, revoke a license, or issue a civil penalty not to exceed $10,000.”

House Bill 1525
Introduced House Bill (H)
Authored by Rep. Bruce Borders.

DIGEST
Prohibited health care for minors. Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) prescribing, administering, or furnishing certain drugs to a minor; that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

Actions for House Bill 1525
H 01/19/2023 First reading: referred to Committee on Public Health
H 01/19/2023 Authored by Representative Borders

Link to PDF of introduced bill: HB1525.01.INTR

Continue ReadingHouse Bill 1525: Prohibiting Gender Affirming Care

Senate Bill 351: Deter trans people from updating birth certificates

This bill is an attempt to limit the ability to update gender information on IDs and records, such as birth certificates and driver’s licenses. This puts transgender people at risk of losing jobs, facing harassment, and other harms. Trans, intersex, and nonbinary people need IDs that accurately reflect who they are to travel, apply for jobs, and enter public establishments without risk of harassment or harm.

Senate Bill 351
Authored by Sen. Gary Byrne, Sen. Jack Sandlin.

DIGEST
Designation of sex on birth certificate. Defines “sex” for purposes of birth certificates.

Actions for Senate Bill 351
S 01/19/2023 Senator Sandlin added as second author
S 01/12/2023 First reading: referred to Committee on Health and Provider Services
S 01/12/2023 Authored by Senator Byrne

“As used in this chapter, “sex” means the biological indication of male or female in the context of reproductive potential or capacity, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.”

Link to PDF File for Introduced Bill: SB0351.01.INTR

Continue ReadingSenate Bill 351: Deter trans people from updating birth certificates

Senate Bill 380: Banning identifying as a cat in Indiana

02/28.2023 Update: This bill was heavily amended in the Senate to define graduation measures. The addition of Democratic co-sponsors in the House will like mean the dress code portion of the bill won’t receive much attention.

Analysis: A bill working through the Indiana Senate would reiterate that schools are allowed to enforce dress codes and curb disruptive behavior to address concerns about students identifying as furries. It follows a nationwide wave of claims – none proven – that students are dressing and acting like animals in classrooms.

When introducing the bill in the Senate’s education committee, which Raatz chairs, he said it was to address concerns about students who “may be imitating or were behaving like a furry.”

Senate Bill 380
Introduced Senate Bill (S)
Authored by Sen. Jeff Raatz.

DIGEST
Various education matters. Amends the definition of “graduation” for purposes of the high school graduation rate determination. Allows a school corporation to adopt a policy concerning dress code or disruptive behavior.

UPDATED DIGEST
Synopsis: Various education matters. Requires each school corporation to publish on the school corporation’s website the graduation rate for each high school in the school corporation. Amends the definition of “graduation” for purposes of the high school graduation rate determination. Amends the graduation rate calculation. Removes a provision that provides that not more than 1% of students of a cohort may receive the alterative diploma established by the state board of education. Allows a school corporation to adopt a policy concerning dress code or distractive behavior.

Actions for Senate Bill 380
H 02/28/2023 First reading: referred to Committee on Education
S 02/09/2023 Referred to the House
S 02/07/2023 Senator Breaux added as coauthor
S 02/07/2023 House sponsor: Representative Behning
S 02/07/2023 Third reading: passed; Roll Call 85: yeas 39, nays 10
S 02/06/2023 Senator Donato added as second author
S 02/06/2023 Second reading: ordered engrossed
S 02/02/2023 Committee report: amend do pass, adopted
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S01/19/2023 Authored by Senator Raatz

Link to PDF file of Introduced Bill: SB0380.01.INTR
Link to PDF file of Amended Bill:

References and News articles about this bill:

Indianapolis Star: Indiana lawmaker targets furries in schools. Schools say there’s no problem, Arika Herron

Related Stories: Cat litter boxes in schools? Tony Dungy apologizes for tweet that sparked outrage and backlash

Continue ReadingSenate Bill 380: Banning identifying as a cat in Indiana

House Bill 1520: Trans People Banned from Indiana Public Restrooms

Indiana HB 1520: I’ll save you some time reading this. It essentially says that people assigned male at birth have to use the men’s public restroom and people assigned female at birth have to use the women’s public restroom or be charged with a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. This would essentially keep all transgender people from public places and prevent transgender people from traveling anywhere in the state of Indiana. This would apply not only to residents of Indiana but also people traveling to Indiana, effectively making it impossible for companies to send their trans employees to the state.

HOUSE BILL No. 1520

Introduced House Bill (H)
Authored by Rep. Bruce Borders.

DIGEST
Use of public restrooms. Makes it a Class B misdemeanor if: (1) a male knowingly or intentionally enters a restroom that is designated to be used only by females; or (2) a female knowingly or intentionally enters a restroom that is designated to be used only by males. Provides for certain defenses.

Actions for House Bill 1520

H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative Borders

Link to PDF File of Introduced Bill: HB1520.01.INTR

First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.

Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly.

HOUSE BILL No. 1520

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-130.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 130.3. “Female”, for purposes of
4 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-1.
5 SECTION 2. IC 35-31.5-2-191.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2023]: Sec. 191.5. “Male”, for purposes of
8 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-2.
9 SECTION 3. IC 35-43-2.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]:
12 Chapter 2.5. Single Sex Public Restroom Trespass
13 Sec. 1. As used in this chapter, “female” means an individual
14 who:
15 (1) was born female at birth; or
16 (2) has at least one (1) X chromosome and no Y chromosome.
17 Sec. 2. As used in this chapter, “male” means an individual who:
2023IN 1520—LS 6969/DI 149
1 (1) was born male at birth; or
2 (2) has at least one (1) X chromosome and at least one (1) Y
3 chromosome.
4 Sec. 3. A:
5 (1) male who knowingly or intentionally enters a restroom
6 that is designated to be used only by females; or
7 (2) female who knowingly or intentionally enters a restroom
8 that is designated to be used only by males;
9 commits restroom trespass, a Class B misdemeanor.
10 Sec. 4. (a) It is a defense to a prosecution under this chapter if
11 a person enters a restroom designated only for the opposite gender:
12 (1) for custodial purposes; or
13 (2) to render assistance.
14 (b) It is a defense to a prosecution under this chapter if a person
15 who is less than twelve (12) years of age accompanies the person’s:
16 (1) parent;
17 (2) guardian;
18 (3) custodian;
19 (4) teacher; or
20 (5) babysitter;
21 into a restroom designated for the gender of the person listed in
22 subdivisions (1) through (5).

Continue ReadingHouse Bill 1520: Trans People Banned from Indiana Public Restrooms

House Bill 1346: Promoting harassment of gender non-conforming students

Update:

Students are not allowed to request that teachers or school employees or other students use a name that is different from their birth certificate, or any pronouns or gender identifiers that are different from their identified genitalia: “‘sex’ means an individual’s biological sex as either male or female: based on the individual’s genetics and reproductive biology at birth, including sex organs, chromosomes, and hormones.” For trans young people who have undergone a social gender transition, this forces them out of the closet. Parents of trans children will be deterred from moving to Indiana because they might be required to submit a birth certificate or genital inspection of their child. Any child who doesn’t conform to strict gender norms is subject to genital inspection or demands for documentation.

House Bill 1346
Authored by Rep. Jake Teshka.
Co-Authored by Rep. Joanna King, Rep. Martin Carbaugh, Rep. Timothy Wesco.

DIGEST
Gender fluidity. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student’s, employee’s, or individual’s biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student’s name on the student’s birth certificate. Creates an exception. Provides that a school may not require an employee or a staff member of the school to adopt, support, or promote gender fluidity.

Actions for House Bill 1346
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Coauthored by Representatives King, Carbaugh, Wesco
H 01/17/2023 Authored by Representative Teshka

Link to PDF File of Introduced Bill: HB1346.01.INTR

Continue ReadingHouse Bill 1346: Promoting harassment of gender non-conforming students

House Bill 1338: Don’t Say Gay (or Race) Bill

UPDATE: The House passed a similar bill House Bill 1608 – that targets just LGBTQ students and topics in public schools and allow mandates bullying of students by other students and staff, also mandating outing gender non-conforming students to their parents. HB 1608 was passed to the Indiana Senate.

Prohibits teaching information about sexual orientation, gender identity, or race at any ‘state educational institution’ which appears to cover not just K-12 but also higher education. Includes any mandatory training about equity, diversity and inclusion regarding women’s issues, sexual orientation, gender identity, and race: “shall not promote in any course certain concepts related to race or sex.” Also prohibits teaching historical context of racism, sexism, and LGBTQ discrimination in classes in both K-12 and higher education.

House Bill 1338
Introduced House Bill (H)
Authored by Rep. Shane Lindauer.

DIGEST
Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not promote in any course certain concepts related to race or sex. Provides that a state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that a state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a public school; (3) a state accredited nonpublic school; (4) the department of education (department); or (5) a third party vendor of a school corporation, a school, or the department; without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor. (Current law provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student’s attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor.) Establishes certain requirements regarding contracts or agreements with third party vendors to: (1) collect or share information from a student personal analysis, evaluation, or survey; or (2) provide software or software tools that can be used for data collection, analysis, evaluation, or survey of a student.

Actions for House Bill 1338
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Authored by Representative Lindauer

Link to downloadable PDF of Introduced bill HB1338.01.INTR

The racist/Sexist part of the bill is here:

Sec. 1. In accordance with IC 20-33-1-1, a teacher, administrator, or other employee of a school corporation or charter school shall not promote the following concepts in a course:
(1) A particular race or sex is inherently superior to another race or sex.
(2) An individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
(4) An individual’s moral character is necessarily determined by the individual’s race or sex.
(5) An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex.
(7) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

Sec. 2. The state board shall adopt rules under IC 4-22-2 necessary to implement this chapter.

SECTION 4. IC 21-41-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:

Chapter 13. Dignity and Nondiscrimination in Postsecondary Education
Sec. 1. A state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. However, voluntary counseling is not prohibited.
Sec. 2. A state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex.

Continue ReadingHouse Bill 1338: Don’t Say Gay (or Race) Bill

Senate Bill 39 – Protecting LGBTQ youth in schools

From Chalkbeat article on bills affecting transgender students:

At least one prominent lawmaker pushed in the opposite direction. A bill by Senate Minority Leader J.D. Ford, a Democrat, would extend anti-discrimination protections at schools to students based on their gender identity and sexuality.

Ford’s legislation, Senate Bill 39, would add sexual orientation and gender identity to state law prohibiting discrimination in public schools, which currently includes disability, race, color, gender, national origin, religion, and ancestry.

The bill would prohibit segregation based on sexual orientation and gender identity, and ban schools from denying students admission on that basis. It would also prohibit discrimination in hiring teachers based on their sexual orientation or gender identity.

More about Senate Bill 39:

Senate Bill 39
Authored by Sen. J.D. Ford.

DIGEST
Equal educational opportunity. Extends certain antidiscrimination educational rights statutes to prohibit discrimination based on sexual orientation and gender identity.

Actions for Senate Bill 39
S 01/09/2023 First reading: referred to Committee on Education and Career Development
S 01/09/2023 Authored by Senator Ford J.D.

Link to downloadable PDF of Introduced bill SB0039.01.INTR

Continue ReadingSenate Bill 39 – Protecting LGBTQ youth in schools

Senate Bill 354 – Outing transgender students in Indiana

Update: This bill will likely be reconciled with House Bill 1608, which not only does it not allow any mention of sexual orientation or gender identity in K-3 classes, but it specifically encourages bullying and abuse of gender non-conforming children in schools by both students and staff members, and mandates outing gender non-conforming children to their parents.

A new bill authored by Sen. Jeff Raatz would make mandatory outing transgender students to their parents if they request to be called something other than their name or pronouns assigned at birth.

Senate Bill 354
Introduced Senate Bill (S)
Authored by Sen. Jeff Raatz.

DIGEST
Education matters. Provides that a: (1) school that seeks state accreditation; and (2) national or regional accreditation agency that seeks to be recognized by the state board of education (state board); must complete and submit the applicable application form established by the state board. Requires the state board to do the following: (1) Not later than six months after the date a completed application is submitted, approve or deny the accreditation or recognition. (2) If the state board denies an accreditation or recognition, send notice to the school or national or regional accreditation agency stating the reasons for the denial. Requires the department of education to post a copy of the application forms on the department’s website. Requires a public school, including a charter school, to notify the parent of an unemancipated minor, if the student: (1) makes a certain disclosure concerning the student’s gender identity or gender expression to an employee or staff member of the school; or (2) changes, expresses a desire to change, or makes a request to change the student’s name, attire, or pronoun, title, or word to identify the student in a manner that is inconsistent with the student’s biological sex at birth. Requires an employee or staff member of a school to report to the school a disclosure or information described in these provisions to the school.

Actions for Senate Bill 354

S0 1/12/2023 First reading: referred to Committee on Education and Career Development
S0 1/12/2023 Authored by Senator Raatz

Link to downloadable PDF file of the Introduced Bill: SB0354.01.INTR

References:

Indiana General Assembly – Senate Bill 354

Chalkbeat – Indiana bill would require teachers and schools to report student requests to change names, pronouns

Continue ReadingSenate Bill 354 – Outing transgender students in Indiana