October 12, 1492 Natives of islands off the Atlantic shore of North America came upon Italian explorer Christopher Columbus, who was searching for a water route to India for Spanish Queen Isabella.
October 12, 1945 Pfc. Desmond Doss became the first conscientious objector ever to be awarded the Congressional Medal of Honor. Doss, a Seventh Day Adventist, enlisted in 1942 but refused to carry a rifle or train on Saturdays. On the island of Okinawa, under heavy Japanese fire, he saved the lives of 75 sick and wounded soldiers by lowering them, one by one, down a 400-foot cliff. The guest house at Walter Reed Army Medical Center is Doss Memorial Hall in his honor. Read more (includes movie trailer)
October 12, 1958 A Reform Jewish Temple in Atlanta (the city’s oldest) was firebombed with fifty sticks of dynamite in retaliation for Jewish support of local black civil rights activists. The Temple’s Rabbi, Jacob Rothschild, was outspoken in his support of civil rights and integration, and was a friend of Reverend Martin Luther King, Jr. before he became well known nationally. From Georgia PBS
October 12, 1967 British zoologist Desmond Morris stunned the world with his book, “The Naked Ape,” a frank study of human behavior from a zoologist’s perspective. Morris had earlier studied the artistic abilities of apes and was appointed Curator of Mammals at the London Zoo. Read more
October 12, 1967 “A Call to Resist Illegitimate Authority” appeared in The Nation and the New York Review of Books. 20,000 signed it, including academics, clergymen, writers. It urged “that every free man has a legal right and a moral duty to exert every effort to end this war [Vietnam], to avoid collusion with it, and to encourage others to do the same.” This document became the main basis for the federal government’s criminal prosecution (for encouraging draft evasion) of five of the signers: Dr. Benjamin Spock, Marcus Raskin, Mitchell Goodman, Michael Ferber, and the Reverend William Sloane Coffin. Read the Call
October 12, 1970 Lt. William Calley was court-martialled for the massacre of 102 civilians in the Vietnamese village of My Lai; far more actually died during the incident. The full sad story
Lt. Calley
October 12, 1977 “Regents of the University of California v. Bakke” was argued in front of the U.S. Supreme Court. The question: Did the University of California violate the Fourteenth Amendment’s equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke’s application for admission to its medical school? Read more
As I keep saying all these bathroom bills and trans people in the bathroom trash talk is the cis people who don’t look feminine or masculine enough for other people. I have read and watched videos of women who look mannish who get assaulted or harassed for going into the woman’s bathroom. One woman was a cancer survivor who lost all her hair due to treatment and two men were calling her horrific names and threatening to beat her up on video because they were sure she was a man. It all goes on looks for these people. Unless people are going to line up for a genital inspection by these gang thugs before entering the bathroom, how else do these maga think they are going to be able to tell? Oh and this post took me two days to put together. Hugs.
(Note from Ali: Jess wrote the anti-misogyny rant I was thinking of.)
“Do the best you can until you know better. Then when you know better, do better.”
~Maya Angelou
I go solo camping often. I head up to the North Shore in Minnesota or down to Northwest Arkansas and hang out a few days by myself or with my daughter. My husband is a big ole, corn-fed country boy who will not sleep on the ground, so we leave him at home.
I love to sleep outside, but the very thing I hate about camping is sleeping outside — exposed. As a woman, this is something I think about a lot. When I wake up for some unknown reason and wonder if I heard something in my sleep. Or, I wake up to actually hearing something or someone. I get scared. I get nervous. I wonder why in the hell I do the things I do and take the chances I take.
And then I go back to sleep and wake up on Lake Superior or Devil’s Den and hike to waterfalls and forget it all until it is time to go back to sleep outside. Love and hate.
Lake Superior, Split Rock Lighthouse State Park.
I once asked my husband if he’s ever afraid when he is alone. He laughed out loud.
“Of what? Why would I be scared?”
I tend to be an overthinker, but I can’t tell you how many times I have wondered about his statement of fact. He is not scared. Of men or animals or most of the danger I intuitively see around me. He has nothing to be scared of — he is physically imposing and there is not one law on the books that will harm him.
He has never worried about walking at dark. Or encountering someone on a trail. Or sleeping outside. Or most of the things that take up a lot of my mental space.
He has lived his life completely unencumbered by his environment, even as a resident of a red state. A homegrown Missouri man.
Sure, the Missouri GOP trifecta, a supermajority, has defunded the schools and let our roads crumble and closed hospitals and generally made a nuisance of themselves, but that is exactly what they were to him. An inconvenience. Annoying. Turds in the punchbowl, but nothing to get too riled up about.
He was just living his life.
He didn’t see it. Not because he is not empathetic. Not even because he doesn’t pay attention to politics. It’s because he has lived his life with a privilege he didn’t know existed until I pointed it out. Because, until he saw the world through his daughters’ eyes, through my eyes, these things just never occurred to him. He didn’t deny privilege, he just didn’t see it. He isn’t uncaring or a dolt — he just had absolutely no experience being marginalized. I had to tell him.
Once he saw it, though, he couldn’t look away. He was disgusted. He understood.
This is where I should mention something that I have spoken of in front of safe men. When I tell them that I have been sexually assaulted as well as almost every woman I know, they are astounded. When I tell them of sexual harassment, they are amazed. And then, one day it clicked for me. These are good and safe men and the predators know it. They don’t hurt women while they are around. They don’t talk about it or joke about it, because these men wouldn’t put up with it. The good guys have often really not been a witness to the behavior we have endured because they are just that…good guys.
I am not making excuses for the menfolk.
The men in my life will attest to the fact that I constantly push them to see what we see. I am hard on them. I ask that they look beyond themselves and be an ally to others. To be a witness and bear witness.
We don’t need protectors, but we do need witnesses.
As a woman, as a mom of girls and granddaughters, I have no degree of safety in Missouri and I know all of my girls fall into the same category. They are not safe from sexual assault or rape. They are not safe after a sexual assault or rape. They will likely be dismissed, or worse, blamed. They would be forced to bear the child of their rapist. They would likely be forced to co-parent with their rapist.
Missouri has a total abortion ban with no exemptions for rape or incest. Not that it would matter…I am sure there is some process to that exemption as well and I really hate the notion that a woman or girl can’t have bodily autonomy unless she has first been violated.
Writing that sentence made me sick at my stomach.
Missouri women have been denied care because of the abortion ban. A Kansas OBGYN, Dr. Ahmed, shared a story last week about her Missouri patient who suffered a miscarriage:
“She came in for a follow-up still bleeding,” said Dr. Ahmed. “Turns out there was some tissue that was still there. Retained tissue in that setting can become infected, can cause a lot of bleeding, so I discussed with her the options.”
The patient decided on medication and Dr. Ahmed says she prescribed it. But the following morning, she received a fax from Walgreens on Stateline after prescribing Misoprostol or Cytotec for the miscarriage stating, “Under Missouri law medication abortion is now illegal. Please advise patient to fill across Kansas border”.
Missouri has also had a 25% decrease in OBGYN residency applicants willing to come to our state because of the ban. That decreases care for all women, not just pregnant women.
We aren’t safe in Missouri.
The good news is that Missourians will get to vote on Amendment 3 in a few weeks. This amendment will restore abortion rights in Missouri. We will be the first state to overturn a complete ban.
The bad news is that our bodily autonomy is even put to a vote. That geography dictates our rights. That random folks will get to decide if we are first or second-class citizens. That we have been treated as less than. That our rights have been up for debate.
This is red state shit. We are used to it. It is constant and it is something we live in fear of every day. It is the thing I point to when I am speaking to the men around me. I never let them daydream their way back into complacence. I don’t let them fade into the peace of not knowing…of not being engaged. I don’t let them forget the fear of the women around them. I keep them awake.
Woke. (Emphasis mine- Ali)
I don’t want to be scared of living in Missouri anymore. I don’t want anyone to be scared in their home state. This is why we have to speak on it. Say it.
The reality is that we cannot gain our rights back without involving men. I have such good men in my life. Would they have voted yes on Amendment 3 without me telling them? I’d say yes. Would they be as rabid in telling other men around them to vote yes if I had not worked on them for so long? Maybe not.
It’s not that we are dealing with self-centered jerks. It’s that they didn’t know what they didn’t know.
“We need cis allies to speak up for us. Vote to remove the bigots from positions of power. The biggest thing you can possibly do right now is to vote. Vote for Democrats. Because, no, they aren’t perfect, and no one is. But they are a darn sight better than the alternative.”
I hope this short video means as much to others as it meant to me. Growing up gay meant I was different. Coming from an abusive family meant I had no support and it hurt my sexual identity even more as those abusing me used homophobic slurs against me, but they were the ones forcing me to submit to them. I have watched several videos of reverse gender stereotypes and sadly the ones that need to see it won’t and I doubt they would absorb the message if they were forced to view them. but it is important to understand the stereotypes are created to give the majority a feeling of security and normalcy as they try to force every child into the mold preset by their thinking that the child should be. Making mini me copies of the parents. That is not normal or how it should be. Each child is a new being and should be allowed to have the feelings and express themselves are they really know themselves to be. Openly and freely without repercussions and targeted harm. Please watch the short video, it is eye opening at the end. Hugs. Scottie
(Note from Ali: I’ve seen a couple of headlines that the Don’s campaign plans to run heavy anti-trans ads in the swing states. I’ve used all my free NYT articles for life, but they have a story about it. So this is of interest to All Women.)
Black trans women are a small subset of trans voters, who make up a small portion of the electorate — but they’re also longtime leaders of the LGBTQ+ rights movement who know what’s at stake.
Five years ago, Democratic presidential primary hopeful Kamala Harris stepped onto a stage at a CNN LGBTQ+ town hall in Los Angeles.
“My pronouns are she, her and hers,” Harris said in her introduction.
Offering her pronouns, which wasn’t nearly as commonplace in 2019 as it is now, showed solidarity with transgender and nonbinary Americans. It was a simple but impactful gesture for a community in the midst of an unprecedented homicide crisis, whose rights and humanity had been challenged by former President Donald Trump, who was in office at the time, and other Republicans
In standing shoulder to shoulder with transgender people, Harris began to shift a relationship that had been dogged by decisions of her past, like her support for bills cracking down on sex work during her time as a prosecutor in San Francisco and, while California’s attorney general, her state’s opposition to gender-affirming care for an incarcerated transgender woman in 2015.
Today, Black transgender women, some of the same people who questioned her candidacy five years ago, are supporting Harris on and off the campaign trail. One way they have shown up is by raising money and drumming up support, like a Zoom call in August that was joined by more than 1,000 transgender people, the brainchild of veteran Black trans activist Zahara Bassett.
“I felt that we need to let people know that our voices are at the ballot,” Bassett said. “When we speak to you about our rights, about our visibility of being here, that needs to be respected.”
Bassett enlisted the help of several trans luminaries, including Precious Davis, who had long heard criticism of Harris among her LGBTQ+ peers. Davis, chief strategy officer of Center on Halsted, Chicago’s largest LGBTQ+ community center, said she knew it would be critical for Black trans women to show up for Harris, in part as a way of signaling to Black trans women and queer communities they had permission to vote for the vice president.
“We are a part of a community who have the most to lose,” Davis said of Black trans women. “Our rights and freedom are at stake. We have seen Donald Trump’s attacks against the trans community time and time again.”
Many LGBTQ+ advocates have argued that even if Harris has room for growth on LGBTQ+ issues, it’s nearly impossible to compare her with Trump, who regularly misgenders trans women and refers to trans people as “insane.”
“I will say that I would rather have a fighting chance with her than have no chance at all with Trump,” said Hope Giselle-Godsey, executive director of the National Trans Visibility March, another organizer of the Zoom call for Harris.
While she was roundly criticized four years ago for mixing up language in referring to transgender women, overall, Harris’ record on LGBTQ+ rights is largely viewed positively. She provided some of the earliest support for marriage equality of any presidential hopeful when, as district attorney in San Francisco, in 2004 she officiated a same-sex wedding in California. She also opposed so-called gay and trans “panic defenses,” where perpetrators attempted to claim that fear or disgust of LGBTQ+ people was reasonable motivation for attacking them.
She lost significant ground going into 2020 after her support of FOSTA/SESTA, a 2018 package of bills that aimed to crack down on websites used by sex workers. Transgender people are disproportionately forced into underground economies like sex work due to a lack of employment opportunities.
Trump, however, has fared much worse. During his four years as president, the National Center for Transgender Equality labeled his cabinet the “Discrimination Administration” and the media advocacy group GLAAD logged 210 attacks on queer people. He also barred transgender people from serving in the military, banned Pride flag displays at embassies and gutted transgender health care protections under the Affordable Care Act, among other things.
Channyn Lynn Parker, CEO of the Brave Space Alliance, which serves trans and gender nonconforming youth on the south and west sides of Chicago, speaks about both candidates with resignation. She, too, helped organize the Zoom for Harris, though less enthusiastically than her peers.
Parker has worked with street-based and unhoused youth for more than 10 years and has seen Democratic candidates come and go, all of them with different promises for the community; for example, Biden pledged to trans kids that he “had their backs.”
Meanwhile, the kids she works with still face the same challenges. Many are still kicked out of their homes by their own parents and they’re particularly vulnerable to the anti-trans laws and hate that has also flourished across the country.
“I have never seen a candidate where I feel completely safe, and I’ve ever been able to breathe a full sigh of relief, never,” Parker said. “So, I don’t know if Kamala is going to be any different in that regard.”
Black trans women are a small subset of the transgender voters, who make up a small portion of the electorate. An estimated 825,100 transgender adults of all races will be eligible to vote in November, according to the Williams Institute at the UCLA School of Law. As of last year, 161 million Americans were registered to vote.
In recent years, advocates have invested heavily in giving credit to Black trans activists for leading the charge at the Stonewall uprising in 1969, where queer people famously fought back against homophobic policing in New York City.
At the same time, Black trans women have been overrepresented in the numbers of trans homicide victims and often underrepresented in the media.
At the 2019 LGBTQ+ Town Hall, where Harris introduced herself with her pronouns, Black trans women made headlines by interrupting the event repeatedly, noting that not a single Black trans woman had been invited to ask candidates a question.
The town hall also included a gaffe: Immediately after Harris shared her pronouns, CNN’s Chris Cuomo replied, “Mine too.” To transgender people, the moment highlighted how, even at an event centered on LGBTQ+ communities, transgender issues could become an afterthought. And in the four years since, Trump and his running mate, Ohio Sen. JD Vance, have repeatedly attacked transgender people; 176 anti-trans bills have become law; and none of the debates have delved meaningfully into LGBTQ+ issues.
The Black trans women backing Harris see the setbacks — and also an opportunity if Harris wins. Davis said she is ready to lobby Harris on trans issues the moment Harris takes the oath of office. Bassett has at the ready a wish list of policies that would make gender-affirming care more accessible and less stigmatized.
And Parker is clear about one thing: Supporting a candidate doesn’t mean agreeing with them unconditionally. It means challenging them to be better.
“We’re going to provide you with all the necessary tools and resources and individuals to help you to get this right,” she said. “If you don’t use those tools, meaning the individuals who are providing you with the level of access and education needed, then shame on you.”
To check your voter registration status or to get more information about registering to vote, text 19thnews to 26797.
Trump has a long history of endorsing police violence, having said that police reaction to the racial unrest in response to the murder of George Floyd in 2020 “was a beautiful thing to watch.”
The Purge is a revenge horror franchise.
The only thing Trump’s speech has in common with it is he’s talking about a temporary spasm of widespread violence.
That is NOT what this is. This is STATE-sponsored terrorism against a targeted group. This is 1938 in Nazi Germany. https://t.co/49S7Hkwe8A
— Jim Stewartson, Counterinsurgent 🇺🇸🇺🇦💙🎈 (@jimstewartson) September 29, 2024
The former president, who risks jail time and more criminal trials if he loses, has expanded his range of baseless attacks on U.S. voting procedures in recent weeks and months. Trump falsely claimed Monday that Democrats are exploiting an overseas ballot program for expats and military members in order to circumvent “any citizenship check or verification of identity.”
Look at the projection in the next story. Look the only end might be the clawing back some of the taxes owned to the public treasury from the wealthy people who constantly want more and more public funds only for themselves. The only loss will be a white majority nation, and Elon Musk is a full out South African racist bigot. Full out racist bigot. He is not worried about voting, he is a white man. He is worried brown / black people will get to vote. He and tRump talk bad about Haitians and immigrants while hiring them on the cheap. Hugs. Scottie
Trump: Crooked Joe Biden became mentally impaired. But lying Kamala Harris, honestly, I believe she was born that way. There’s something wrong and I don’t know what it is but there is something missing pic.twitter.com/RP5TaHMVhQ
These maga gang thugs think they can get away with anything and that they don’t have to obey any laws or rules. Hate rules their lives. It may have been this guy who said he wrote the bill because he couldn’t stand that kids were coming out at school and being accepted by other students instead of targeted for abuse. He wants LGBTQ+ kids to be scared to be themselves and to stay in the closet hiding from them straight cis bullies. Hugs. Scottie
Fine was in court due to a lawsuit involving a Brevard County election official. As I’ve said here before, he is probably the most obnoxious of all Florida lawmakers, which is really saying something.
He last appeared here when DeSantis vetoed funding for a “woke zoo” because it wouldn’t host a fundraiser for Fine.
Fine also appeared on JMG in May 2022 when he tweeted what many interpreted as a threat to assassinate President Biden. That tweet remains online.
Before that, Fine appeared on JMG when he called for felony charges after Florida Democrats staged a sit-in over the racist US House map submitted by DeSantis.
And before that, he appeared here when he threatened to defund a Florida Special Olympics event and called a local school board member a “whore” because she’d been invited its fundraiser gala and he was not.
Fine was a sponsor of the bill that stripped Disney’s self-governing status. His family owns annual passes to the “woke” theme park giant.
In 2022, he arranged for a Florida town to honor a war criminal who was convicted of executing four Iraqi prisoners. In April 2023 he declared, “Damn right, we ought to erase” LGBTQs.
Fine is also a sponsor of Florida’s bill criminalizing drag shows in view of minors. Of note, his wife runs a self-described “sultry” burlesque show that would violate her husband’s law.
ALEC member and Israel proxy Rep. Randy Fine (R-FL) was "caught on camera appearing to give the middle finger and making other gestures during an Aug. 19 virtual court hearing." Fine and his attorney will attend a contempt of court hearing today.https://t.co/6CSOoF56Fm
A Michigan man, 61, was arrested after assaulting a postal carrier who delivered a flyer featuring Kamala Harris. He told the postal carrier that he didn’t want that "Black b****" in his mailbox and then threatened her with violence. https://t.co/DIlREaWx3b
The Straight Pride Flag looks like it’s the cover of MEN ARE FROM MARS, WOMEN ARE FROM VENUS if it was written by the Hamburglar. pic.twitter.com/k69ANfFc1y
Hit the link for other already known examples of Trump withholding federal relief from blue states. Earlier this week Trump posted that Biden was withholding relief from “Republican areas” in North Carolina.
You can’t only help those in need if they voted for you.
It’s the most basic part of being president, and this guy knows nothing about it. https://t.co/FuPHwtlZuu
Upon the advice of right-wing Christian Independence Law Center, South Western's far-right school board is cutting windows so passersby can look into the so-called “gender-identity” student bathrooms. "A new Level of Weird," writes @YorkDispatch. READ: https://t.co/KxuSQAaZojpic.twitter.com/usSfxhl451
I bet the next election will be well attended and these people will lose their seats and new progressive inclusive people will win. That is what has happened all over when the right bigots and haters snuck into school board seats, they go too far trying to erase the LGBTQ+ kids / people from existence, then they get kicked out. Sadly by then the damage is done. What they hell do they want people perving on kids in the bathrooms for? To make the kids scared to use them and to make sure the weird kids are not doing weird gay stuff in them, right? Hugs. Scottie.
By the way. We have a hurricane headed right at us. It will be here Wednesday at around noon, but we have three days of wind and rain beforehand. It will hit at a class three. It is projected to hit just above us but could hit us directly. We will be spending the next few days getting as much done as possible, stocking in cat food Ron forgot and getting more gas and propane for the generator. It is unlikely that pole of ours will survive another storm as it is already leaning hard. Repair crews are already stretched thin in other areas so won’t be able to come rescue us in our time of need. Going to be a very long few months. Hugs. Scottie
YORK DISPATCH EDITORIAL BOARD
York Dispatch
At the risk of stating the obvious, South Western’s elected school board is making some strange decisions.
For the last two years, they’ve fixated on which bathrooms LGBTQ+ kids use. In 2023, officials in this Hanover-area district played musical chairs with school bathrooms in a misguided attempt to appease the loudest bigots among them — ending up with five different types of bathrooms.
After a low-turnout school board election in which several far-right members joined their ranks, they hired a Christian law firm, decided to begin banning books and reopened the bathroom issue. Board President Matthew Gelazela, who was elevated to his post after previously serving as the board’s most vocal bomb-thrower, pointed to Red Lion’s discriminatory policiesas something to aspire to.
These adults want to make it easier for other people to watch your children while they’re in the bathroom. It’s absolutely mind-boggling.
Gelazela, who’s steadfastly refused to explain the logic here, said in a public meeting that the windows help “[add] privacy in the toilet facility” and that they “increase oversight of the wash area.”
There’s a reason public restrooms tend not to have windows — or, if they do, they have frosted glass.
No one wants to be spied on when they’re relieving themselves.
The parents who spoke to The York Dispatch about the latest bathroom renovations said their children no longer feel comfortable using these bathrooms. One of the parents went to the principal and asked for an exemption to allow her son to use a different bathroom further away from class.
Her 13-year-old doesn’t want to be spied on while he’s in the bathroom.
And we don’t blame him.
It’s creepy and weird.
And let’s not ignore the bigger picture: This is happening at a time when this and other York County school boards are pushing policies that would restrict what books students read, what sports teams they compete on and even which pronouns they use.
All of this is part of an attempt to erase LGBTQ+ people.
Cutting a window into these bathrooms is an intimidation tactic designed to make sure students who use the so-called “gender-identity” facilities — and, let’s be honest, any student who doesn’t fit neatly into the worldview of the school board’s far-right majority — know they’re being watched, controlled and judged.
In their quest to punish LGBTQ+ kids, however, the misguided “adults” on this South Western School Board are doing the things they accuse others of doing.
This is an invasion of privacy and a waste of taxpayer dollars.
A federal judge on Thursday dismissed a lawsuit from a Denver Public Schools parent who sought to force the district to honor his request to display “straight pride” flags in his children’s classrooms.
Nathan Feldman brought suit on behalf of himself and his two children, alleging discrimination and a violation of the First Amendment stemming from DPS declining to add a straight pride flag in his children’s classrooms alongside displays of LGBTQ pride flags.
In a June 26 order, U.S. District Court Judge Regina M. Rodriguez determined the pride flags amounted to the government’s own speech, which the First Amendment does not regulate. Therefore, a decision by DPS not to display a flag did not violate Feldman’s rights.
“DPS policy reflects careful consideration about what views can be expressed and that any expressions must reflect DPS’s policy of equality and inclusion. Accordingly, the Court finds that DPS has maintained control over the flag displays,” wrote Rodriguez, an appointee of President Joe Biden.
Feldman filed suit after school administrators allegedly allowed “non-binary and non-cisgender students to have flags displayed that represent their genders but not allowing Plaintiffs to have flags displayed that represent their genders.” He asked for damages of at least $3 million and for an order allowing him to display the straight pride flag.
A “straight pride” flag. Source: Feldman et al. v. Denver Public Schools et al.
DPS, in moving to dismiss the lawsuit, noted Feldman’s allegations were contradictory, as he simultaneously asserted “each” classroom at Slavens School had a pride flag and that “not all teachers displayed these flags.” Nonetheless, the district argued the display of flags constituted government speech, as DPS policy endorsed the use of LGBTQ pride flags as “symbols consistent with the District’s equity-based curriculum.”
“Plaintiffs assert that passing a resolution recognizing LGBTQIA+ students or staff without providing equal recognition to those who don’t so identify is an actionable distinction. Not so,” wrote the district’s attorneys.
Feldman responded that individual teachers at his children’s school made the decision to display pride flags. Therefore, DPS was not in control of the displays and they did not constitute the government’s own speech.
In August, U.S. Magistrate Judge Scott T. Varholak recommended that Feldman’s claims be dismissed. He cited a 2022 U.S. Supreme Court decision involving Boston’s practice of allowing private entities to fly flags outside city hall. The court did not find such circumstances amounted to speech by the government.
However, wrote then-Justice Stephen G. Breyer, “when the government speaks for itself, the First Amendment does not demand airtime for all views.”
“Here, DPS selected the Pride Flag, and not Plaintiffs’ Flag, as representing the message that DPS wished to convey,” Varholak wrote in deeming the flag displays governmental expression. “Conversely, there is no allegation that DPS had a history of accepting for display other flags submitted by the public.”
In this 2018 file photo, a supporters of the LGBTQ community fly a Pride flag in the Colorado Springs PrideFest Parade.
(Jerilee Bennett/The Gazette, File)
As for Feldman’s sex discrimination and equal protection claims, Varholak noted that unless there are allegations of unequal treatment, there is no legal claim based on the absence of a flag representing cisgender, heterosexual students.
“Plaintiffs plainly disagree with DPS’s selected messaging, and phrase this disagreement in constitutional terms,” he concluded, “but ultimately fail to allege any injury except exposure to a flag that they do not feel represented by.”
Feldman objected to portions of Varholak’s analysis, but Rodriguez, the district judge, concluded Feldman was either raising new arguments for the first time or had failed to show why Varholak was mistaken.
To the claim that displaying a flag is discriminatory when it repesents a different group’s sexual orientation or gender identity, “Plaintiffs offer no legal support for their argument,” she wrote, “and the Court finds none.”
Attorneys for both parties did not immediately respond to a request for comment.
The case is Feldman et al. v. Denver Public Schools et al.
Scottie's Playtime 