Texas v. DEI & Garcia v. Noem | This Way Out Radio Episode #1938
- This Way Out
- May 20
- 8 min read
The Texas state House held a hearing on a bill that LGBTQ+ activists say would undermine education by eliminating diversity, equity and inclusion policies from public schools. State Representative Ron Reynolds, Equality Texas Communications Director Johnathan Gooch, Mandy Garcia of Texas AFT and a representative of Students Engaged in Advancing Texas (SEAT) have a plan of action (reported by Lucia Chappelle).
Where is Andry Hernandez Romero? U.S. Representative Robert Garcia (D-CA) is demanding that Homeland Security Secretary Kristi Noem provide proof that the gay Venezuelan make-up artist abducted to a prison in El Salvador is still alive (Lucia Chappelle reports).
And in NewsWrap: a nonbinary Brazilian can identify as gender neutral on their official government documents thanks to a historic decision by the Superior Court of Justice, the organizers of Pride in London, Birmingham Pride, Brighton Pride and Manchester Pride cite the lack of sufficient support for transgender people as the reason for banning political parties from participating in this year’s parades, mass discharges of transgender service members from the U.S. armed forces are underway, Tennessee’s transgender teachers and students can now be deadnamed and have their preferred pronouns ignored by school officials with no recourse, Florida’s ban on drag shows is struck down by the 11th U.S. Circuit Court of Appeals, and more international LGBTQ+ news reported this week by Joe Boehnlein and Sarah Montague (produced by Brian DeShazor).
All this on the May 19, 2025 edition of This Way Out!
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Complete Program Summary
for the week of May 19, 2025
Texas v. DEI & Garcia v. Noem
NewsWrap (full transcript below): A unanimous five-judge panel of Brazil’s Superior Court of Justice allows a “gender neutral” designation on an applicant’s birth certificate and other government documents for the first time in history … at least four major LGBTQ Pride organizations in the U.K. unite to ban political parties from participating in this year’s celebrations until they become stronger allies to the transgender community … based on the May 6th U.S. Supreme Court ruling, the Pentagon announces the timetable and begins the process for voluntary and involuntary discharges of some 4,200 service members diagnosed with gender dysphoria, and stops offering gender-affirming healthcare to them … Tennessee’s Republican-dominated state government allows the deadnaming of trans students, teachers and other school personnel and permits staff to disregard their chosen names and pronouns … the 11th U.S. Circuit Court of Appeals strikes down the state of Florida’s ban on family friendly drag shows as vaguely-worded and a violation of free speech rights (written by GREG GORDON and LUCIA CHAPPELLE, produced by BRIAN DeSHAZOR, reported this week by JOE BOEHNLEIN and SARAH MONTAGUE).
Feature: The war against diversity, equity and inclusion in education is sweeping the United States, and Texas is the scene of one of the most recent battles. This Way Out’s LUCIA CHAPPELLE reports (featuring comments by Texas State Representative Ron Reynolds, Equality Texas Communications Director Johnathan Gooch, and Mandy Garcia of the American Federation of Teachers, with music by TALL POPPY STRING BAND).
Feature: Gay Congressmember from California Robert Garcia is demanding answers about disappeared gay Venezuelan asylum seeker Andry Hernandez Romero — and he’s not intimidated by Director of Homeland Security Kristi Noem. This Way Out’s LUCIA CHAPPELLE has news from the U.S. Capitol (with intro music by PETER, PAUL and MARY, and also featuring Margaret Cargioli, Directing Attorney for Policy and Advocacy at Immigrant Defenders Law Center from Democracy Now!).
NewsWrap
A summary of some of the news in or affecting
LGBTQ communities around the world
for the week ending May 17th, 2025
Written by Greg Gordon and Lucia Chappelle,
reported this week by JOE BOEHNLEIN and SARAH MONTAGUE,
produced by Brian DeShazor
A nonbinary Brazilian can identify as gender neutral on their official government documents thanks to a historic decision by the Superior Court of Justice. The unnamed applicant assigned female at birth had initially requested a male gender marker on their birth certificate after gender affirming treatment. They later had second thoughts and appealed to the court to change to gender neutral.
The ruling of the five-judge panel was unanimous. Judge Nancy Andrighi spoke for them all. Using female pronouns for the gender neutral applicant, Andrighi wrote, “This human being must be suffering greatly. To undergo surgery, take hormones, become what she thought would be good for her and then realize it was not the case.”
Brazil’s Supreme Court unanimously removed the requirement that transgender people undergo surgery or hormone therapy before changing their legal gender in 2018. They can simply go to a government registry office without providing supporting medical or legal documents.
In this new ruling the judges of South America’s largest country have allowed the designation of gender neutral on a person’s government documents for the first time.
Political parties are banned from participating in the U.K.’s largest LGBTQ Pride celebrations this year. The organizers of Pride in London, Birmingham Pride, Brighton Pride and Manchester Pride cite the lack of sufficient support for transgender people by the ruling Labour Party, the Conservative Party, and the Lib Dems. The Greens are also apparently deemed to not be doing enough in the wake of last month’s Supreme Court ruling that excludes transgender women from the legal definition of “woman” in the Equality Act. A joint statement from the Pride organizers said, “At a time when trans rights in the U.K. are under growing attack, our resolve has never been stronger: we will not allow progress to be undone. … We will not stand by as the dignity, safety, and humanity of our trans siblings are debated, delayed, or denied.”
Some sources say that political parties will also be excluded by Pride organizers in Belfast and Southampton.
Current Labour Prime Minister Sir Kier Starmer, former Conservative leader Boris Johnson, Lib Dem leader Sir Ed Davey and Green Party co-leader Carla Denyer have all marched in Pride parades. Queer party activists lament the ban and call for further dialogue.
The Pride groups are calling for timely and dignified access to National Health Service gender-affirming care and a reformed, accessible Gender Recognition Certificate process to allow legal gender changes. They also demand “sustainable funding” for trans-led services and support organizations across the country. As they said in their joint statement, “This is the minimum. Anything less is not allyship, it is abandonment. To those in power: when you demonstrate true solidarity and tangible commitment to trans rights, we will stand with you. Until then, we will continue to speak truth to power and fight for a future where every trans person can live safely, freely, and proudly.”
Mass discharges of transgender service members from the U.S. armed forces are underway. The Pentagon’s May 14th order comes after the Supreme Court lifted the temporary injunctions that were blocking the process on May 6th. No transgender person will be allowed to enlist while the constitutionality of the ban continues to be litigated in lower courts.
Troops with a diagnosis, history, or symptoms “consistent with” gender dysphoria who refuse to self-identify and do not voluntarily resign will be weeded out by screening medical records, according to an unnamed senior Defense Department official speaking to Stars and Stripes. Active-duty service members have until June 6th to quit. Military departments must submit compliance reports by June 15th.
The Pentagon’s memo also confirms that the Defense Department has reinstated its ban on gender-affirming healthcare for active-duty trans troops.
Trans troops who self-identify by the applicable deadline will get honorable discharges and begin the separation process within 30 days, as Stars and Stripes reports. They’ll also get financial benefits based on rank, time in service and whether they left service voluntarily or involuntarily. The anonymous Pentagon official explained to the military publication that an enlisted member at the fifth pay grade with 10 years of service would receive approximately $101,000 if they voluntarily separate. They’d get less than $51,000 if they are forced out. An officer at the third pay grade with seven years of service would receive about $125,000 if they voluntarily separate. They’d only get about $62,000 for an involuntary separation.
Those voluntarily separating can also access some regular pre-separation services, including employment assistance, financial counseling and community reintegration services. They would also be eligible for temporary health care coverage.
Trans people in the Reserves have until July 7th to voluntarily resign or face forced expulsion and the loss of separation benefits.
Stars and Stripes says that there are about 4,200 service members who’ve been diagnosed with gender dysphoria, although the precise number of transgender service members is not really known.
Tennessee’s transgender teachers and students can now be deadnamed and have their preferred pronouns ignored by school officials with no recourse. The new law specifically prohibits public schools and school districts from creating policies that penalize those who decline to use pronouns that are inconsistent with a person’s biological sex or to use a person’s preferred name without a legal name change. It also allows lawsuits to be filed against school officials who disregard the new legislation. Violators will be open to civil liability that could lead to injunctions and monetary compensation. The schools would also pay attorneys’ fees.
Republican Governor Bill Lee signed the law that sailed through both houses of the Republican-controlled state legislature.
Democratic state Representative Justin Pearson was among several in his party to condemn the legislation, calling it the “Bullying LGBTQ Students Act.”
Pearson is no stranger to strident arguments, after his famed temporary removal from the legislature for opposing gun violence. He told NBC-TV affiliate WBIR, “With all of the problems that we have as a state, whether that be dealing with poverty, the lack of healthcare access, the rights of women to choose what they do with their bodies, we're getting legislation after legislation that furthers discrimination, othering, and separation. … It’s despicable and ridiculous that this is how we are using our time and energy, and it isn't helping anybody.”
Finally, Florida’s ban on drag shows was struck down by the 11th U.S. Circuit Court of Appeals on May 13th. The 2-to-1 majority found that the law’s vague language allegedly meant to “protect” children from salacious entertainment violates free speech guarantees of the U.S. Constitution.
Governor Ron DeSantis signed the law when he was running for president in 2023. It threatened fines, loss of operating licenses and criminal penalties against a venue or performer for exposing a “child” to “lewd” performances, even with parental consent. Drag shows were not specifically mentioned. Instead, it prohibited minors from attending an “adult live performance” that “depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities” including “the lewd exposure of prosthetic or imitation genitals or breasts.”
There’s nothing like that in the kind of “family friendly” drag brunches that are wildly popular at the queer-friendly restaurant chain Hamburger Mary’s. The Orlando location filed suit against the ban. The state appealed to the 11th Circuit after a lower court issued a preliminary injunction blocking its enforcement.
Writing for the majority, Judge Robin S. Rosenbaum said, “By providing only vague guidance as to which performances it prohibits, the [law] wields a shotgun when the First Amendment allows a scalpel at most.”
The case now returns to the district federal court where a bench trial can be scheduled.
Hamburger Mary’s has since closed its Orlando location, while the owners have continued to sponsor drag event community fundraisers. They plan to open a new restaurant in Kissimmee.
Their victory statement said in part, “This bill has nothing to do with children, and everything to do with the continued oppression of the LGBTQ+ community. … Anytime our legislators want to demonize a group, they say they are coming for your children. In this case, creating a false narrative that drag queens are grooming and recruiting your children with no factual basis or history to back up these accusations AT ALL!” – emphasis on “at all.”
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