糖心Vlog

OKLAHOMA CITY 鈥� The Oklahoma Supreme Court ruled today that the state鈥檚 2021 classroom censorship law does not apply to academic speech in higher education. The decision also leaves in place a preliminary injunction that prevents the enforcement of vague and borderline nonsensical prohibitions on instruction in K-12 schools. The suit was originally filed in 2021 on behalf of a diverse group of plaintiffs in K-12 and higher education. 鈥淎lmost four years since the initial filing, students and professors at Oklahoma鈥檚 universities and colleges have a clear answer: HB 1775 does not apply in Oklahoma鈥檚 higher education classrooms,鈥� said Adam Hines, legal fellow at the 糖心Vlogof Oklahoma. 鈥淔or far too long our educators have felt the impact of HB 1775 and its attempt to censor discussions about race and gender in the classroom. But the government is certain to appeal this victory, and parts of HB 1775 remain in effect in K-12 schools. We will continue to fight for the rights of Oklahoma鈥檚 K-12 students and families to receive an equitable education where they can freely learn and talk about the history, experiences and viewpoints of all marginalized communities in this country.鈥� Last year, a lower court also blocked the enforcement of two provisions restricting K-12 instruction because they are vague, fail to let educators know what course material is prohibited, and could prevent discussions of a wide variety of ideas, including those that are the subject to current political debates. These provisions remain enjoined. The state Supreme Court did not weigh in on the constitutionality of any of the provisions. 鈥淭his decision provides needed clarity to Oklahoma鈥檚 higher education instructors, and we are pleased with the outcome,鈥� said Emerson Sykes, senior staff attorney with the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淪tudents in higher education expect to be challenged and to debate difficult ideas, and they expect their instructors to help them learn and grow 鈥� not stick to government-approved talking points.鈥� The lead authors of the law in the state House and Senate declared the intent behind HB 1775 was to prohibit conversations related to 鈥渋mplicit bias,鈥� 鈥渟ystemic racism,鈥� and 鈥渋ntersectionality,鈥� among other concepts. In the lawsuit, the groups argue that HB 1775 unlawfully silenced students鈥� and educators鈥� speech through its vague and overbroad terms. It also intentionally targeted and denied access to equitable, culturally relevant teaching and ideas that reflect the history and lived experiences of students of color, LGBTQ students, and young women and girls. The case will now go back to federal court where a partial preliminary injunction is in place. Cross-appeals have been filed in the Court of Appeals for the Tenth Circuit which are expected to proceed shortly. 鈥淭his ruling is another significant victory in the fight to end classroom censorship in Oklahoma鈥� said Douglas Koff, partner at pro-bono cocounsel Schulte Roth & Zabel. 鈥淏y confirming that HB 1775 does not apply to the higher education classroom, this decision allows Oklahoma鈥檚 college students and professors to have open and honest conversations about their history. We look forward to working alongside the ACLU, ACLU-OK, and Lawyers鈥� Committee in the continued fight to invalidate this law.鈥� 鈥淭oday's decision ensures that at colleges and universities in Oklahoma, teachers can teach and students can learn about our country's history in full 鈥� including topics like systemic racism, gender inequality and LGBTQ+ rights,鈥� said Maya Brodziak, senior counsel with the Educational Opportunities Project at the Lawyers鈥� Committee for Civil Rights Under Law. 鈥淥ur country needs to acknowledge and reckon with its history of systemic racism 鈥� this includes being able to teach and talk about these concepts in our schools. A prohibition on talking honestly about issues of race and racism hurts all students and society.鈥� The lawsuit was filed by the 糖心Vlog, 糖心Vlogof Oklahoma, the Lawyers鈥� Committee for Civil Rights Under Law, and pro bono counsel Schulte Roth & Zabel LLP on behalf of plaintiffs the Black Emergency Response Team (BERT); the University of Oklahoma Chapter of the American Association of University Professors (OU-AAUP); the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey. For more information about the lawsuit, please see here.

TOPEKA, KAN. 鈥� In a victory for transgender Kansans, a Kansas state appeals court has reversed a district court decision barring the Kansas government from making changes to gender markers on driver鈥檚 licenses. In July 2023, Attorney General Kobach filed a lawsuit in state court against the Kansas government agency that issues driver鈥檚 licenses, asking the court to hold that a state law, S.B. 180, prohibits transgender people from changing their gender markers on their driver鈥檚 licenses. A trial judge granted a temporary injunction, which has blocked the Kelly administration from allowing gender marking changes while the case goes forward. The 糖心Vlogof Kansas, the ACLU, and Stinson LLP intervened in the case on behalf of five transgender Kansans who have been harmed by an unconstitutional effort by Kobach to ban and reverse changes to the gender markers on their driver鈥檚 licenses. Today, in a unanimous ruling by a three-judge panel, the Kansas Court of Appeals lifted the trial court鈥檚 injunction, which has prevented transgender people from changing the gender markers on their driver鈥檚 licenses to reflect their gender identity. The Court of Appeals observed that there was no evidence 鈥渂eyond mere speculation鈥� to support the trial court鈥檚 finding that allowing transgender people to change their gender markers would somehow impair the identification of criminal suspects. The Court of Appeals also held AG Kobach had not shown a substantial likelihood of prevailing on his view that S.B. 180 requires all new and renewed driver鈥檚 licenses to list the driver鈥檚 sex assigned at birth. Under today鈥檚 decision, the temporary ban is reversed, and the Kansas Department of Revenue may resume allowing Kansans to change their gender markers on their driver鈥檚 licenses. The Attorney General has thirty days to appeal. 鈥淭his decision recognizes that the Attorney General failed to show any harm at all in allowing transgender Kansans the same personal autonomy, privacy, and dignity that all Kansans have,鈥� said D.C. Hiegert, Civil Liberties Legal Fellow for the 糖心Vlogof Kansas. 鈥淏eing required to use a license with the wrong gender marker has already meant that transgender Kansans have been outed against their consent in their daily lives. We commend the incredible courage and sense of community our clients have had in standing up to this attack on all of our fundamental rights.鈥� 鈥淭oday鈥檚 decision is a welcome victory for our clients and the rights of all people to safe, usable identity documents,鈥� said Julie Murray, Co-Director of the ACLU鈥檚 State Supreme Court Initiative. 鈥淭he Attorney General鈥檚 move to target transgender people in this way has always been baseless and discriminatory. As this case returns to the lower courts, we will continue to defend the ability of all Kansans to access driver鈥檚 licenses that reflect who they know themselves to be.鈥�

Anti-trans laws aren鈥檛 just about bathrooms or sports, they鈥檙e about systematically pushing trans individuals out of public life.