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 1232 – Denying child protective services to abused transgender children

UPDATE 02/13/2023 – A similar bill House Bill 1407, passed through the House and was referred to the Senate.

House Bill 1232 would deny Child Protective Services the means to remove psychologically or physically abused transgender children from their parents homes.

House Bill 1232
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. Michelle Davis.

DIGEST
Child removal and gender identity. Provides that the department of child services may not classify a report of child abuse or neglect as substantiated, and a child may not be removed from the child’s parent, guardian, or custodian, solely on the basis of the 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.

Actions for House Bill 1232
H0 1/12/2023 Representative Davis M added as coauthor
H 01/10/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1232.01.INTR

News References:

Source: Herald Bulletin
Feb 9, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: The Herald Bulletin Editorial Board
Feb 9, 2023
Editorial: Legislature resumes attack on LGBTQ kids

Continue ReadingHouse Bill 1232 – Denying child protective services to abused transgender children

House Bill 1220 – Prohibiting Gender Affirming Care

Authored by Rep. Michelle Davis, HB-1220 Prohibits gender affirming care for young people under the age of 18. No attempt at differentiation between care for precocious puberty from transgender healthcare seems to be written into this bill. It’s possible children with precocious puberty could get swept up in this care denial. Considering kids with PP are the bulk of patients receiving puberty blockers, it will be interesting how they attempt to force clinical disclosure of the reason why blockers are prescribed.

House Bill 1220
Introduced House Bill (H)
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Dale DeVon, Rep. Jake Teshka, Rep. Chris Judy.

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 House Bill 1220
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Coauthored by Representatives DeVon, Teshka, Judy
H 01/10/2023 Authored by Representative Davis

Link to PDF of introduce version of the bill: HB1220.01.INTR

Continue ReadingHouse Bill 1220 – Prohibiting Gender Affirming Care

Judge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

Johnny Magdaleno – Indianapolis Star

A federal judge has ordered that Indianapolis Public Schools must allow a 10-year-old girl at the heart of a legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction Tuesday in response to a lawsuit against IPS filed by the girl in federal court in May.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

A spokesperson for IPS told IndyStar it will comply with the court’s order.

“We will continue to support our students, including our transgender students, with the same care and attention we’ve demonstrated prior to the passage of (the law) and the filing of the current lawsuit,” the spokesperson said in a statement.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

In a Tuesday statement the ACLU of Indiana’s legal director Ken Falk said the legal organization was “pleased” by the decision. They filed the lawsuit on behalf of A.M.

When misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people – on the basis of sex,” Falk said.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became the law. On the Statehouse floor she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Advocates for the LGBTQ community criticized the law, saying it would further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect earlier this month.

Magnus-Stinson wrote Tuesday that she was granting the preliminary injunction because A.M. “has a likelihood ofsucceeding on the merits of her claim” that the state law violates her civil rights guaranteed under federal law. She also said there wasn’t evidence the public would experience harm if she issued an injunction.

A.M.’s lawsuit challenging the law is ongoing.

IndyStar reporter Arika Herron contributed.

Reference: https://www.indystar.com/story/news/education/2022/07/26/indiana-transgender-sports-ban-judge-says-girl-can-rejoin-softball/65383081007/

Continue ReadingJudge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

House Bill 1041 – Indiana General Assembly 2022 Session

House Bill 1041 – Indiana General Assembly 2022 Session

01/04/2022 Authored by Representative Michelle Davis

Co-Authored by Rep. Chris Jeter, Rep. Joanna King, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jean Leising, Sen. Jack Sandlin, Sen. Dennis Kruse, Sen. Gary Byrne, Sen. Blake Doriot, Sen. Michael Young.

Digest
Participation in school sports. Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, and certain athletic associations to expressly designate an athletic team or sport as one of the following: (1) A male, men’s, or boys’ team or sport. (2) A female, women’s, or girls’ team or sport. (3) A coeducational or mixed team or sport. Prohibits a male, based on the student’s biological sex at birth in accordance with the student’s genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women’s, or girls’ athletic team or sport. Requires school corporations, public schools, certain nonpublic schools, and certain athletic associations to: (1) establish and maintain grievance procedures; or (2) maintain grievance or protest procedures established before July 1, 2022; for a violation of these provisions. Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

Actions for House Bill 1041

H01/04/2022 Authored by Representative Davis
H01/04/2022 Coauthored by Representatives Jeter, King, Heaton
H01/04/2022 First reading: referred to Committee on Education
H01/24/2022 Committee report: amend do pass, adopted
H01/26/2022 Second reading: amended, ordered engrossed
H01/26/2022 Amendment #1 (Davis) prevailed; voice vote
H01/26/2022 Amendment #3 (DeLaney) motion withdrawn
H01/27/2022 Third reading: passed; Roll Call 135: yeas 66, nays 30
H01/27/2022 Senate sponsor: Senator Donato
H01/28/2022 Referred to the Senate
S02/07/2022 First reading: referred to Committee on Education and Career Development
S02/14/2022 Senator Leising added as second sponsor
S02/14/2022 Senator Sandlin added as third sponsor
S02/14/2022 Senator Kruse added as cosponsor
S02/17/2022 Committee report: do pass, adopted
S02/21/2022 Senator Byrne added as cosponsor
S02/22/2022 Second reading: ordered engrossed
S02/22/2022 Amendment #3 (Ford J.D.) failed; Roll Call 223: yeas 13, nays 35
S02/22/2022 Amendment #1 (Ford J.D.) failed; Roll Call 224: yeas 11, nays 37
S02/22/2022 Amendment #2 (Ford J.D.) failed; Roll Call 225: yeas 16, nays 33
S02/24/2022 Senator Doriot added as cosponsor
S02/28/2022 Senator Young M added as cosponsor
S03/01/2022 Third reading: passed; Roll Call 278: yeas 32, nays 18
S03/02/2022 Returned to the House without amendments
H03/04/2022 Signed by the Speaker
S03/07/2022 Signed by the President Pro Tempore
S03/15/2022 Signed by the President of the Senate
H03/21/2022 Vetoed by the Governor
H05/24/2022 Veto overridden by the House; Roll Call 402: yeas 67, nays 28
S05/24/2022 Veto overridden by the Senate; Roll Call 382: yeas 32, nays 15
H05/27/2022 Public Law 177

Continue ReadingHouse Bill 1041 – Indiana General Assembly 2022 Session