INDIANAPOLIS (AP) — Indianapolis high school senior Caston Peters had used they and them or he and him pronouns at school for three years without a problem, but they came home a few days into this school year and told their mother that the situation had changed.

Peters, 18 and nonbinary, heard from a teacher that a new state law meant they wouldn’t be able to use those pronouns, or the first name they’ve used for years, without explicit permission from a parent because the pronouns and name don’t correspond with their sex assigned at birth.

This was news to Caston’s mother, Kim Michaelis-Peters, who immediately sent teachers, a counselor and the principal an email asking them to comply with Caston’s wishes, and the school staff did. But even though her own child’s wishes are being respected, Michaelis-Peters said she has deep concerns about what Indiana’s law could mean for students whose parents might not be understanding if they learn from school officials that their child is transgender or nonbinary.

“It makes me feel like there’s going to be a child out there who’s not going to feel safe at home to tell their parents and the school’s going to rat them out for wanting to be called a different name or different pronouns,” she said.

Indiana is among at least 10 states that have enacted laws prohibiting or restricting students from using pronouns or names that don’t match their sex assigned at birth, a restriction that opponents say further marginalizes transgender and nonbinary students. Most of the laws were enacted this year and are part of a historic wave of new restrictions on transgender youth approved by Republican states.

The measures are creating fear for transgender students and sowing confusion for teachers on how to comply but still offer a welcoming environment for everyone in their classes.

“The things that are passing are so vague and so hard to understand that (teachers) don’t know what to do,” said Cheryl Greene, senior director of the Welcoming Schools Program for the Human Rights Campaign Foundation, which advocates for LGBTQ+ rights. “It just creates this ambiguity and fear with educators because it’s not clear.”

Supporters of the laws have argued that parents should have a say if children are using pronouns or names different than those assigned at birth. Republican lawmakers describe it as a parental rights issue alongside efforts to restrict how gender identity is addressed in the classroom or in library materials.

“School districts can’t shut a parent out of their child’s decision about their gender identity because the child objects or because the school believes the parent isn’t supportive enough of an immediate gender transition,” according to a brief signed by nearly two dozen Republican attorneys general and filed in a lawsuit stemming from a California school district’s policy.

Mental health experts and advocates say that requiring parental consent or notification of pronouns forcibly outs trans students, who already face a high risk of bullying and abuse.

Similar restrictions have sparked some opposition in Virginia, where Republican Gov. Glenn Youngkin unveiled new model policies over the summer that include a requirement that minors must be referred to by the names and pronouns in their official records unless a parent approves something else. Some school boards have begun to adopt policies consistent with Youngkin’s guidelines while others have balked.

Some teachers in other states are finding ways around the requirements or defying the restrictions, saying they don’t want to put their students at risk. Since the laws are being enacted in states where teachers have little job protection, few are willing to talk on the record.

Jillian Spain, who teaches social studies at a middle school in Yanceyville, North Carolina, said she’s continued to address her students by the names and pronouns they use. Spain said outing a child, which is what the law would do to transgender and nonbinary students, “is not in the job description.”

Spain said the fear of being outed just adds to the pressures students already face, especially after the COVID-19 pandemic that devastated their well-being and academics.

“I am absolutely never, ever, ever going to out a child,” Spain said. “School is supposed to be their safe place. It’s supposed to a place where they can be who they truly are.”

Teachers’ groups say educators have been given little to no guidance on how to comply with the new restrictions, including basic steps like how to get permission from parents of students who use pronouns or names not listed on their birth certificates.

Indiana, like other states, leaves the specifics up to school districts.

The state’s teachers union says Indiana’s new parental notification law, which also bars teachers from providing instruction on human sexuality to students from pre-K through the third grade, is aimed at a problem that doesn’t exist.

“We have heard concerns anecdotally about the potential impact of this law,” Indiana State Teachers Association President Keith Gambill said in a statement. “Teachers are worried that it will create confusion and additional administrative burdens in an already demanding educational environment.”

Kentucky’s new law says teachers and school staff cannot be compelled to use a student’s pronouns if they don’t “conform to the student’s biological sex.”

The law, which includes other provisions dealing with student bathroom assignment and parental consent, has prompted confusion among educators, said Chris Hartman, director of the Fairness Campaign, the state’s highest-profile LGBTQ+ advocacy group. Hartman said it allows educators to ignore students’ wishes about pronouns even if their parents have asked the district not to let it happen.

“The mental health impact on trans kids being willfully misgendered by the adults in the room is disastrous,” Hartman said. He said supportive adults are crucial to keeping transgender students from slipping into depression and considering suicide.

Jefferson County Schools, the state’s largest district with 90,000 students, struggled to comply with the new state law. After a third try, the school board in Louisville adopted a policy that includes giving students with gender dysphoria an exception for bathroom accommodations and adds potential punishment for teachers and staff who willfully and repeatedly misgender a student.

A group of parents and students in Lexington have sued over the Kentucky law. One of the families alleges a school office employee intentionally refused to use their child’s name and pronouns while speaking with them in April. The parents, who are identified by a pseudonym, decided to legally change the child’s name after that encounter, according to the lawsuit, which was filed in late September. The suit asks a judge to declare Kentucky’s new law unconstitutional.

In Indiana, Caston Peters said they think other students will suffer because of that state’s law.

“School is supposed to be a safe spot for us where we can be ourselves without having to deal with being called out, without being bullied or name-called or anything like that,” they said. “And I think for some of us being able to be called the name or pronouns that we prefer it’s something we need. And if we can’t get that at home then having it in another safe place like school — if that’s the only place we can get it — well now it’s being taken away from us. “

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WASHINGTON (AP) — For a century, the League of Women Voters in Florida formed bonds with marginalized residents by helping them register to vote — and, in recent years, those efforts have extended to the growing Asian American and Asian immigrant communities.

But a state law signed by Gov. Ron DeSantis in May would have forced the group to alter its strategy.

The legislation would have imposed a $50,000 fine on third-party voter registration organizations if the staff or volunteers who handle or collect the forms have been convicted of a felony or are not U.S. citizens.

A federal judge blocked the provision this week. But its passage reflects the effort by DeSantis, a Republican presidential candidate, and other GOP leaders to crack down on access to the ballot. Florida is one of at least six states, including Georgia and Texas, where Republicans have enacted voting rules since 2021 that created or boosted criminal penalties and fines for individuals and groups that assist voters. Several of those laws are also facing legal challenges.

In the meantime, voting rights advocates are being forced to quickly adapt to the changing environment. Before the ruling in Florida, for instance, the League of Women Voters started using online links and QR codes for outreach. It removed the personal connection between its workers and communities and replaced it with digital tools that are likely to become a technological barrier.

“If there’s not access, in terms of language, we can’t get to as many people, which particularly affects AAPI voters,” Executive Director Leah Nash said, referring to the state’s Asian American and Pacific Island population, which has grown rapidly and where more than 30% of adults have limited English proficiency. “If we just give someone our website or QR code to go register, we don’t know for sure if they’re doing it and we like to get as many people registered to vote as possible.”

In states where penalties are getting tougher, the developments have sowed fear and confusion among groups that provide translators, voter registration help and assistance with mail-in balloting — roles that voting rights advocates say are vital for Asian communities in particular.

In a number of states, language barriers already hamper access to the ballot for a population that has been growing rapidly. Asian, Native Hawaiian and other Pacific Islander populations grew 35% between 2010 and 2020, according to Census data. The new laws in mostly Republican-led states are seen by many voting groups as another form of voter suppression.

“It’s specifically targeting limited English proficiency voters, and that includes AAPI voters,” said Meredyth Yoon, litigation director at Asian Americans Advancing Justice in Atlanta.

Yoon added that record turnout for the 2020 elections in Georgia influenced the Republican-dominated legislature to pass sweeping voter restrictions: “It’s not a coincidence,” she said.

In Texas, Republican Gov. Greg Abbott signed a bill in June that raises the penalty for illegal voting to a felony, upping it from a misdemeanor charge that was part of a sweeping elections law passed two years earlier.

Alice Yi, who is Chinese American, used to help translate in Austin, Texas, but said the new law isn’t clear about whether good faith mistakes will be criminalized and worries that she could get into trouble by offering assistance.

Yi recalls being approached during a 2022 primary election by a man who was Vietnamese American and asked for help because he hadn’t voted before and didn’t speak English. She said she was immediately worried she could face consequences if she helped him.

“This is the fear I’m facing,” she said.

Now, she said, she will help her father vote, but no one else.

But voting rights supporters like Ashley Cheng — also in Austin — remain committed to reaching Asian voters, despite the threat of jail time.

Cheng, the founding president of Asian Texans for Justice, recalls discovering her mother was not listed in the voter rolls when she tried to help her vote in 2018. They never found out why she wasn’t properly registered. Advocates say this highlights flaws in the system and illustrates how volunteers are essential to overcoming them.

The group’s own research has found that roughly two-thirds of Asian voters in Texas were highly motivated to vote in the 2022 midterm elections. Cheng said that desire amplified her enthusiasm to help the community get its votes counted.

“It’s really easy to feel like, ‘Oh, I would love to just like not try anymore,’” she said. “But, I think about people like my mom and so many others in the Asian diaspora who live in Texas who have that experience of wanting to vote but not being able to, for whatever reason, are not feeling like it’s accessible.”

For instance, some 34% of Asian American adults in Texas have limited English proficiency, according to 2022 data from Asian and Pacific Islander American Vote (APIA Vote), a nonpartisan Asian American and Pacific Islander advocacy group.

Farha Ahmed, an attorney in Texas, said the increased liability in helping these marginalized communities access the ballot box forced her to decide against continuing as an election judge, a position that administers voting procedures and settles disputes concerning election laws.

“There’s not a lot of resources and there’s not a lot of protection,” said Ahmed, who lives in Sugarland, just outside Houston. “Election judges want to help make it easy for people to vote, but with these new laws in place, they’re very unsure of where is their liability when they’re really just trying to do their best to help.”

Before Florida and Texas, Georgia lawmakers overhauled that state’s election laws.

A section of Georgia’s 2021 election bill made it a misdemeanor to offer a voter any money or gifts at polling places, a provision that included passing out water and snacks for those waiting in lines. Attempts to get a court to toss out the ban on snacks and water have so far been unsuccessful.

James Woo, the communications director at Asian Americans Advancing Justice-Atlanta, said he won’t even get his parents a drink of water while helping them with their ballots.

“It’s simple things like that, which would have been like a conversation starter or just like helping them throughout the process, might be viewed as like something illegal I’m doing,” he said.

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Assembly Bill 939, the Denim Day Act of 2021, was co-authored by Assemblymember Sabrina Cervantes and signed by Governor Newsom on Oct. 5. Cervantes district includes the cities of Corona, Eastvale, Jurupa Valley, and the west side of Riverside. In my 11-minute interview with the assemblymember, she spoke of her motivations to write the bill and shared other bills she authored that Governor Newsom signed.

In her press release, Cervantes says the bill fulfills the promise of Denim Day. She said, “AB 939 makes the principle behind Denim Day a reality in California by guaranteeing that clothing can never, ever, provide consent.” Denim Day is a yearly event that is recognized around the work. The day was initiated as a reminder of a controversial 1998 ruling by the Italian Supreme Court. They ruled that the rape survivor consented to the actions based on the fact that she was wearing tight jeans. The ruling would go on to be overturned by the court in 2008.

Cervantes added, “The enactment of the Denim Day Act of 2021 helps to create an environment in which survivors feel empowered to report any sexual assault that they endured. We must do all that we can to protect survivors when they seek justice and not make them face a criminal justice system that wrongly blames or re-traumatizes them.”

Cervantes had three other bills she authored signed by Governor Newsom: AB-764, AB-746, and AB-1477.

Jonathan Linden | KVCR

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