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‘And Tango Makes Three’ Authors Sue Florida, Say Law Suggests Book ‘Deserved To Be Banned’

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The authors of a beloved children’s book about gay penguin parents, And Tango Makes Three, are suing a Florida school board as well as members of the Florida Board of Education. One of the arguments is that the book, based on a true story, is implied to be obscene by the fact that it’s banned.

The lawsuit was filed Tuesday, by Justin Richardson and Peter Parnell, the two authors of And Tango Makes Three, along with six children who wish to read the book and their parents. It challenges Florida’s Parental Rights in Education Law, also known as the “Don’t Say Gay” law. The law bans education on sexual orientation and gender identity through the third grade. Many Florida school districts ban students up to that grade from checking out books with LGBTQ themes from school libraries.

The suit alleges is that the law in question is “vague and overbroad,” thus running afoul of the First Amendment. Lawyers for the plaintiffs argue that removing And Tango Makes Three from public school libraries was illegitimate because the libraries do not follow a specific curriculum.

READ MORE: Drag Queen Story Hour Interrupted by Neo-Nazis Seen in Terrifying Video

“Books in school libraries are, by nature, optional reading. Even if library shelves constituted curriculum, Lake County had no legitimate pedagogical purpose for barring students’ access to Tango,” the lawsuit reads.

And Tango Makes Three tells the true story of Roy and Silo, male penguins at the Central Park Zoo in New York City. The penguins were seen performing mating rituals, and had even attempted to hatch a rock. Zookeepers gave the penguins an egg from a different pair of penguins who were unable to hatch it. With Roy and Silo’s help, the egg hatched into a female penguin chick, Tango.

The suit says that the book “contains no obscenity or vulgarity; and it is factually accurate,” and thus it’s appropriate for schoolchildren in the 4- to 8-year-old age range suggested by the publisher. By keeping it out of the hands of children, the school district is violating the First Amendment rights of the authors based on their viewpoint, the suit says.

“By censoring Tango and barring students below the fourth grade from accessing the book in Lake County public school libraries, Defendants have stripped the Authors’ book of an essential aspect of its communicative value. They have also injured the reputation of the Authors and Tango by implicitly and falsely suggesting that the book contains obscene, vulgar, sexual, or age-inappropriate material that deserved to be banned—contrary to the wholesome, positive and family-friendly content of the book—and have thereby deprived the Authors of more of their target audience and speech rights,” the suit continues.

The students are part of the suit because their “right to receive information” has also been infringed, lawyers argue. The six children, identified only by their initials, all wanted to check out the book from their library at the beginning of the school year, but are prohibited by the law. They would check it out, the suit says, if it were available.

Ironically, this is not the only penguin-related lawsuit over the “Don’t Say Gay” bill. In May, the publisher Penguin Random House—no relation to And Tango Makes Three—sued Florida’s Escambia County School District in Pensacola for removing books “based on ideological objections to their contents or disagreement with their messages or themes.”

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BAD PRESIDENT

Biden ‘Strongly Opposes’ Measure of Bill Stripping Rights from Trans Kids, Signs It Anyway

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President Joe Biden said he “strongly opposes” a section of a bill that would strip funding for gender care for trans kids in military families, but signed it anyway.

The National Defense Authorization Act gives $895 billion to the Department of Defense, State Department, Department of Homeland Security and intelligence agencies, as well as national security programs at the Department of Energy. The bill was passed with bipartisan support in the House and Senate.

Normally, this would be a straightforward funding bill, but earlier this month, Speaker of the House Mike Johnson (R-La.) added a provision blocking TRICARE, which funds health care for service members, from paying for gender-affirming care for children. This will affect approximately 2,500 trans kids, according to Newsweek.

READ MORE: Lone Dissenter Calls Texas Supreme Court Transgender Ruling ‘Cruel, Unconstitutional’

Biden signed the bill on Monday, although called out that section in a statement.

“My Administration strongly opposes Division A, title VII, subtitle A, section 708 of the Act, which inhibits the Department of Defense’s ability to treat all persons equally under the law, no matter their gender identity.  By prohibiting the use of appropriated funds, the Department of Defense will be compelled to contravene clinical practice guidelines and clinical recommendations,” Biden wrote.

“The provision targets a group based on that group’s gender identity and interferes with parents’ roles to determine the best care for their children.  This section undermines our all-volunteer military’s ability to recruit and retain the finest fighting force the world has ever known by denying health care coverage to thousands of our service members’ children.  No service member should have to decide between their family’s health care access and their call to serve our Nation,” he continued.

The news created quick backlash, with people calling out what they see as hypocrisy and a failure to protect trans kids.

“And just like that, the first anti LGBTQ bill in nearly 3 decades was signed by Biden and passed by a Democratic senate. It included a ban on gender affirming care for trans children of military families. So much for having our back, you god damn liar,” journalist Alejandra Caraballo wrote on the social media platform Bluesky.

And just like that, the first anti LGBTQ bill in nearly 3 decades was signed by Biden and passed by a Democratic senate. It included a ban on gender affirming care for trans children of military families. So much for having our back, you god damn liar. www.whitehouse.gov/briefing-roo…

Alejandra Caraballo (@esqueer.net) 2024-12-24T13:11:07.737Z

Caraballo is referring to the “Don’t Ask Don’t Tell” policy signed by President Bill Clinton in 1993. While allowing LGBTQ people to serve in the military, it prohibited them from talking about or expressing their queerness, even while off duty. Military officials were, however, also prohibited from asking if a service member was gay. “Don’t Ask, Don’t Tell” was repealed by President Barack Obama in 2010.

In the wake of anti-trans ads from Republican candidates in the 2024 election, Democrats have been accused of moving to dump transgender rights from their platform. Some elected Democrats have even called out the party’s prior embrace of LGBTQ rights.

“The Democrats have to stop pandering to the far left,” Rep. Tom Suozzi (D-N.Y.) told the New York Times. “I don’t want to discriminate against anybody, but I don’t think biological boys should be playing in girls’ sports.” He then offered some advice to his party: “Democrats aren’t saying that, and they should be.”

“Democrats spend way too much time trying not to offend anyone rather than being brutally honest about the challenges many Americans face,” Rep. Seth Moulton, (D-Mass.) said. “I have two little girls, I don’t want them getting run over on a playing field by a male or formerly male athlete, but as a Democrat I’m supposed to be afraid to say that.”

The minimal pushback on the National Defense Authorization Act is just another signal that Democrats are backing down on defending one of the most vulnerable populations in American society.

Image via Shutterstock

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BIGOTRY

Missouri Court Upholds Trans Care Ban, Citing Duty to ‘Protect Integrity of Medical Profession’

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A Missouri court upheld a ban on gender affirming care for minors, citing ethical concerns.

Judge R. Craig Carter filed his ruling Monday in the case Noe v. Parson, deciding that the state’s ban on providing gender affirming care for minors did not run afoul of the constitution. The case was brought by several trans teens and their families, and filed by Lambda Legal, the ACLU of Missouri and Bryan Cave Leighton Paisner LLP.

The law bans all care, including puberty blockers, hormones and surgery for people under 18. Minors who obtained this sort of care prior to August 28, 2023 are protected, and the law is set to expire on the same day in 2027.

The Missouri court ruled that it was “required to deny the plaintiff’s prayers for relief.”

READ MORE: Lone Dissenter Calls Texas Supreme Court Transgender Ruling ‘Cruel, Unconstitutional’

“This Court finds an almost total lack of consensus as to the medical ethics of adolescent gender dysphoria treatment. The evidence at trial showed severe disagreement as to whether adolescent gender dysphoria drug and surgical treatment was ethical at all, and if so, what amount of treatment was ethically allowable. States do have an abiding interest in protecting the integrity and ethics of the medical profession,” Carter wrote.

Carter ruled that since gender dysphoria is a mental disorder, and mental disorders are generally treated “by actually treating the mental aspect, like prescribing Zoloft to treat depression,” care that affects the body is not in line with “western medicine.”

“However, the gender dysphoria treatment prohibited by Missouri uses drugs and surgeries to either inhibit normal healthy human growth or surgically remove and replace healthy human organs. Such an approach to treatment is well outside normal medicine, and medical ethicists are unable to agree on the propriety thereof,” he wrote.

Carter also questioned “why the number of individuals with gender dysphoria has skyrocketed over the last decade,” parroting claims from anti-transgender advocates that it’s a “fad.” However, a 2022 study published by the medical journal Pediatrics debunked the claims of “social contagion” increasing the number of trans youth. The theory was initially posed by Dr. Lisa Littman in 2018, who wrote a paper describing “rapid onset gender dysphoria.” Littman’s paper was published by the journal PLOS One, who later issued a correction, pointing out that she did not actually speak to trans teens, but their parents.

Gender affirming care for minors typically involves prescribing puberty blockers, which delay the onset of puberty. Prior to puberty, care is generally limited to social changes—like wearing clothes or pronouns that align with the gender the child identifies as, according to Advocates for Trans Equality. Hormone replacement therapy in minors is exceedingly rare, and surgery is even more so.

Though Carter wrote in his ruling that “the potential harms from these interventions are serious,” puberty blockers are fully reversible. Not only that, but a study published in The Lancet found that 98% of those on puberty blockers went on hormone replacement therapy upon turning 18. But should a teen realize they aren’t trans, all they need to do is stop taking the blockers, and their body will go through puberty as normal. Puberty blockers have been used for years and are safe,  according to Cedars-Sinai, and are most commonly used to stop precocious puberty, a condition affecting 1 in 5,000 children—including some as young as 6.

Lambda Legal has vowed to appeal the Missouri court’s ruling.

“We are extremely disappointed in this decision, but this is not the end of the fight and we will appeal. However, the court’s findings signal a troubling acceptance of discrimination, ignore an extensive trial record and the voices of transgender Missourians and those who care for them, and deny transgender adolescents and Medicaid beneficiaries from their right to access to evidence-based, effective, and often life-saving medical care,” Lambda Legal and the ACLU of Missouri said in a joint statement.

Image by Ted Eytan via Wikimedia Commons

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BIGOTRY

Support for Same-Sex Marriage Falls Across the Board as GOP Leans Into Anti-LGBTQ Rhetoric

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While support for same-sex marriage remains high overall, it’s been dropping over the last three years following GOP attacks on the LGBTQ community.

According to a new Gallup poll, overall support for same-sex marriage is at 69% among Americans. While that’s strong, it’s down two percentage points from 2022, when support hit a record high of 71%.

same-sex marriage gallup poll

Gallup’s data on Americans’ approval for same-sex marriage over time.

The dip can be seen across the political spectrum. When asked if marriage equality should be legal, Republicans’ support fell to 46% from a high of 55% in 2021 and 2022. But support even fell among Democrats and independent voters asked the same question.

READ MORE: WATCH: Moms for Liberty Chapter Chair Flips Out at Drag Queens in Viral Clip

While both demographics still overwhelmingly support marriage equality, it’s started to fall over that same period. In 2022, a record high percentage of Democrats, 87%, thought same-sex marriage should be legal. That fell 4% to 83% this year.

As for independents, in 2023, a record 77% supported marriage equality. But this year, it’s dipped 3% to 74%.

Gallup’s data on Americans’ approval for same-sex marriage over time broken out by party affiliation.

The percentage of Americans who think homosexuality is morally acceptable has also fallen since 2022’s record high. In that year, 71% thought it was morally OK to be gay, but that fell to 64% last year, and held steady at that lower number this year.

Unlike marriage equality, when the question was broken out by political affiliation, the percentage of Democrats rose since last year. In 2024, 81% of Democrats felt homosexuality was morally acceptable, an increase from 2023’s 79% — but still down from 2022’s high of 85%. Independents fell 6% to 68% when compared to last year, while Republicans only fell a single point to 40% over the same period.

The poll was conducted via phone last month. It has a sample size of 1,024 adults, and has 4% margin of error.

While Republican politicians generally have not been pro-LGBTQ, attacks against the community have increased in the last few years. Republicans have banned Pride month displays at U.S. embassies and on public infrastructure. Former President Donald Trump says if he’s re-elected, he’d end protections for queer students.

Right-wing figures like Florida Gov. Ron DeSantis and Supreme Court Justice Samuel Alito have framed the fight for equal rights as being anti-religious. Many states have attempted to pass drag bans. And the conservative majority of the Supreme Court has signaled it may repeal the Obergefell decision legalizing same-sex marriage.

 

 

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