This is just hate and bigotry. It is a group of people who hate trans people for some unknown reason and have made their life / career the harassment of trans minors who play sports. I can not see how this harms this reporter and his group in any way. To make your life about harming others is a real petty way to exist. Many conservatives use their religion to justify such hate but the Jesus of the bible never said a word against the entire LGBTQ+ community. So their hate is internally driven and they must be such miserable people. So Sad. The drive to regress the world’s most progressive countries back to an uneducated straight cis white male controlled society is really causing a lot of damage to people and freedom to express your life as you wish. It seems driven by two groups, the older people who are uncomfortable with the progression of society and younger religious people driven by wealthy religious hate groups. Hugs
Since Sept. 5, right-wing sports publication OutKick has published 19 articles about a 12th grade girls’ volleyball player at Skyline High School in Ann Arbor, Michigan. The player caught the attention of reporter Dan Zaksheske after he obtained public documents that appear to show her requesting a legal name change from a traditionally masculine first name to a traditionally feminine one.
Over the next three months, Zaksheske would write 18 of the 19 articles OutKick would publish about this student. He and other OutKick reporters attended multiple high school girls’ volleyball games where they recorded and reported on Skyline High’s volleyball season. At the heart of each article was a focus on the girl, who Zaksheske refers to as a “trans-identifying biological male.”
Zaksheske’s reporting stoked a controversy that drew the attention of multiple right-wing publications, politicians and influencers. This coverage led Sean Lechner, whose cisgender daughter played against Skyline and allegedly shared a locker room with their team, to file a Title IX complaint.
Lechner’s daughter at a press conference about the complaint. Screenshot via Fox Business.
While the Michigan High School Athletic Association (MHSAA) does require trans athletes to get a waiver approved to compete in official state tournaments, the Democrat-majority state Senate outright rejected the idea of a trans athlete sports ban earlier this year. In addition, LGBTQ Michiganders have strong anti-discrimination protections under the state’s Elliott-Larsen Civil Rights Act.
In the complaint, Lechner calls for a ban on “biological males from competing in female sports” and for a “full investigation into actions and communications of Ann Arbor Public Schools/Monroe High/Chet Hesson,” citing a Trump executive order that declares that trans-inclusive policies are in violation of Title IX.
Shortly after the complaint was filed, Uncloseted Media published an interview clip with Hesson, the athletic director of Monroe Public Schools, in which he simply said his “heart goes out” to the player for being under such scrutiny. Less than 24 hours later, he was put on administrative leave.
As this story spreads like wildfire, experts in journalistic ethics are raising concerns about Zaksheske’s reporting.
“OutKick’s inflammatory reporting on a Michigan high school volleyball player who may or may not be trans disregards several core principles of the Society of Professional Journalists’ [SPJ] Code of Ethics,” Dan Axelrod, chairman of the SPJ’s ethics committee, told Uncloseted Media. SPJ’s Code of Ethics, originally drafted in 1973, has been embraced and used by thousands of journalists from numerous newsrooms and schools.
“The Code cautions reporters to ‘show compassion for those who may be affected by news coverage,’ and to ‘use heightened sensitivity when dealing with juveniles,’ while ‘weigh[ing] the consequences of publishing or broadcasting personal information,’” Axelrod says. “[OutKick] has essentially ignored all those ethical principles, given [Zaksheske’s] relentless coverage of the player, which has led the public to easily infer who she is, and its negative framing of her story.”
The player, whose mother did not respond to an interview request, does not appear to have publicly come out as trans prior to the publication of Zaksheske’s first article.
Chad Painter, associate professor and chair of the communications department at the University of Dayton, says this “brings up a whole host of issues.” While Zaksheske wrote that he did not name the girl “because the student athlete is under 18,” Painter says that doesn’t do enough to conceal her identity.
In his reporting, Zaksheske references the existence of publicly accessible name change documents, the girl’s county of residence and the name of a local volleyball club she’d been a part of. “Someone who is reasonably well-versed in being able to Google someone can figure this out pretty easily,” Painter, who has co-authored multiple media ethics textbooks, told Uncloseted Media.
“There’s longstanding norms in newsrooms that we don’t out people, that that is a very personal decision that an individual gets to make, and unless there is a massively compelling reason to do that, it’s not our role,” he says. “The idea that he is in the clear because he didn’t specifically write this person’s name in a story, it wouldn’t hold up to journalistic scrutiny.”
And Zaksheske’s reporting appears to have outed the girl. The same day that he published his first article on the matter, an X account whose mission is “to call out these male athletes and expose the damage that they have each caused to women and girls in sports” published the girl’s full name and deadname along with multiple photos and videos of her. (Uncloseted Media has chosen not to link to these posts directly in the interest of her privacy.)
In addition to the 18 articles Zaksheske wrote, he also tweeted about the situation at least 41 times and attendedatleastfourhigh school girls’ volleyball games. While watching, he recorded videos of the girls playing and then posted them to X and OutKick’s website.
“Having 19 stories about one athlete … to me, that seems like this coverage is out of line with how we’d normally talk about, especially high school sports, which, frankly, no one outside of this little area in Michigan are going to really care about,” says Painter.
“Outside of the culture war stuff, I don’t see where this is a story.”
When Zaksheske was confronted by multiple people at the school about attending and recording one of the games, he published another article accusing them of harassment. “I was shadowed by the school principal and harassed and stalked by Skyline supporters,” he wrote.
Painter notes that while Zaksheske was within his rights as a journalist and citizen to be attending and recording such events, he understands why the school would approach him with skepticism.
“I have a feeling that if I just started showing up randomly to high school volleyball games and taking photos and videos, there would probably be questions,” Painter says. “Because, again, we are talking about minors.”
“The reporter has a right to pursue news … and that right especially exists at a public school,” says Axelrod. “However, one has to wonder at what point is the coverage just pandering to curiosity as opposed to serving a valid societal purpose in informing and facilitating larger discussions about real and valid questions regarding the participation of trans athletes in sports.”
Misinformation and Animus
Zaksheske has pushed back against similar criticism on X, accusing those who question the ethics of his reporting of being “in favor of sterilizing, mutilating and castrating children” and characterizing his reporting as “exposing their heinous acts.”
“I don’t see that as an ethical problem because it doesn’t even enter into the world of ethics,” Painter says of Zaksheske’s rhetoric. “It is wrong factually and it doesn’t really have a place in what we do in terms of the journalism field.”
Misleading rhetoric about trans health care is common throughout OutKick’s reporting. Zaksheske has written several articles about gender-affirming care, where he has claimed that puberty blockers “take healthy children and sterilize them for life.”
Puberty blockers have been FDA-approved for treating precocious puberty in cisgender children since 1993. Multiplestudies have found no evidence of them causing permanent infertility, and gynecologists and endocrinologists have said that they do not cause sterilization.
Much of Zaksheske’s coverage of trans people has been negative. Of adult trans women, he wrote that “that person might see himself as a woman, but we are under no obligation to ‘affirm’ that.” He also wrote that doctors who provide gender-affirming care “have to answer to their consciences.”
OutKick also generally misgenders trans women and girls, referring to them as “males,” “biological males” or “trans-identifying males,” additionally using masculine pronouns to refer to them.
Painter notes that this goes against the “Associated Press Stylebook,” which he says “any newsroom worth its salt is going to follow.”
“The journalist and the news outlet squander their credibility covering these types of societal questions when they use language … that fails to recognize and respect the underlying humanity of an entire group of people,” he says.
In an email, Brian Karpas, OutKick’s director of media relations, told Uncloseted Media that the publication “stands by the thorough and responsible reporting of Dan Zaksheske and will continue to protect women from competing against biological males.”
Beyond Michigan
OutKick’s extensive reporting of the Michigan volleyball player is reflective of the publication’s increasingly conservative bent since it launched in 2011. In 2021, it was acquired by Fox Corporation. Since then, it has partnered with Fox News and has become home to numerous right-wing personalities known for anti-trans rhetoric. These include founder Clay Travis, who has said World Aquatics is “encouraging …super young kids to be transitioned”; Tomi Lahren, who said that liberals “don’t know what a woman is”; and Riley Gaines, who referred to an eighth-grade trans girl as a “mediocre man.”
This story in Michigan is not the first time OutKick and Zaksheske have hyperfocused on one trans girl. They were one of the first national publications to report on California-based track and field athlete AB Hernandez, who later became the center of a feud between the Trump administration and Gov. Gavin Newsom. Since March, OutKick has published at least 24 articles about Hernandez, 10 of which were written by Zaksheske. They sent reporters to at least twogames to photograph Hernandez and other teenage players. Additionally, OutKick published 15 articles and attended at least four games covering the story of a trans softball player in Minnesota, whose presence on the team became a key point of a lawsuit by the Southern Poverty Law Center-designated anti-LGBTQ hate group, Alliance Defending Freedom.
This massive amount of coverage is common for U.S. conservative media: A report published this year from Media Matters for America found that Fox News ran over 400 weekday segments mentioning trans athletes from Feb. 5 to June 6.
All of this has had an impact. While the Title IX investigation is still pending, Hesson, who was named in the complaint, told Uncloseted Media that he had been targeted with harassment and vitriol online.
Uncloseted Media on Instagram: “Last Friday, Uncloseted Media p…
In the comments of the Instagram post, Hesson was attacked by numerous users: squaredbeach9 wrote, “Stop normalizing these freaks. You don’t give a bulimic chick a bucket and some gum.”
And others chimed in, saying:
“Guaranteed he has child pron on an electronic device.”
“Fuck off, poor tranny hates attention, give me a fn break.”
“So a male playing in women’s sports. And this cuck is defending it.”
All of this has come even though Hesson is not directly affiliated with Skyline High School, which is part of a different district. As such, he was not involved in the decision to allow the girl to play, and he was also not privy to whether she had a waiver.
In addition, numerous right-wing lawmakers and candidates have endorsed Lechner’s complaint. Republican state Rep. James DeSana posted a statement to Facebook “calling for Chet Hesson to be removed immediately.”
“The public cannot have good discourse, debate, or dialogue without good information,” Painter says. “Supplying that information is the fundamental duty of the news media. When journalists are distracted by inconsequential stories, then we’re not spending the time to cover interesting and important news that our readers really need.”
Both Painter and Axelrod took note of the small number of known trans athletes in the U.S. Last year, the NCAA’s president told a Senate panel that fewer than 10 of the 510,000 college athletes affiliated with the organization were transgender.
“This controversy is part of a much larger national narrative about transgender athletes and the LGBTQ+ community as a whole,” Painter says. “The entire national conversation is based on virtually nothing, so this particular set of stories are based on an inconsequential premise.”
Going Forward
If the Department of Education does find that Title IX was violated, the school district could risk losing federal funding if it continues to allow trans athletes to compete.
Zaksheske has been pressuring the MHSAA to confirm whether a waiver was approved for the volleyball player to compete, citing a statement from early September in which the association said it had not yet approved any waivers for the semester. On Dec. 9, MHSAA confirmed that one waiver was granted in the fall season, though no details were given in the interest of the student’s privacy.
While research into the relative athletic capabilities of trans and cis women is ongoing, numerous experts and athletes say that politicized vitriol, misleading information and outsized media attention about trans athletes makes girls’ sports less safe for all athletes.
“There are real, valid, and necessary societal discussions to be had about trans athletes participating against competitors who don’t match their birth gender, and ethical journalism can have a place in informing those discussions,” Axelrod says. “At the end of the day, this woman is still a human, and a child at that, not a canvas for OutKick to paint a distorted picture of one individual who’s a tiny part of a much bigger societal dialogue about trans athletes.”
If objective, nonpartisan, rigorous, LGBTQ-focused journalism is important to you, please consider making a tax-deductible donation through our fiscal sponsor, Resource Impact, by clicking this button:
Can’t air anything that might upset the dear cult leader right? All broadcast corporate media must please the dictator to make a profit, or pay the dictator tribute. What a waste. Again if a democrat had tried this republicans would have howled every few minutes on their paid media arms of their party. Not a peep out of the democratic party about it? Hugs
60 Minutes postponed a segment on the maximum security prison in El Salvador that President Donald Trump sent suspected gangsters and illegal immigrants to, only a few hours before the report was set to air on Sunday.
The CBS program had been planning to air the segment titled “Inside CECOT,” referring to El Salvador’s Centro de Confinamiento del Terrorismo.
Here is the brief editor’s note that 60 Minutes posted to X about the report getting bumped:
“The broadcast lineup for tonight’s edition of 60 Minutes has been updated. Our report ‘Inside CECOT’ will air in a future broadcast.”
The CBS News website also yanked its teaser clip of the report down from its website. Here is what that page looks like now:
A CBS News spokesperson toldPuck reporter Dylan Byers that its editorial team “determined it needed additional reporting.”
The segment was being reported by correspondent Sharyn Alfonsi and produced by Oriana Zill de Granados.
Paramount Skydance, the parent company of CBS, shared the following teaser for the report on Friday:
Earlier this year, the Trump administration deported hundreds of Venezuelan migrants to El Salvador, a country most had no ties to, claiming they were terrorists. This move sparked an ongoing legal battle, and nine months later the U.S. government still has not released the names of all those deported and placed in CECOT, one of El Salvador’s harshest prisons.
It added Alfonsi would be speaking to “some of the now released deportees, who describe the brutal and torturous conditions they endured inside CECOT.”
CECOT has been described by outlets like ABC News as a “mega-prison.” It opened in 2023 as part of Salvadoran President Nayib Bukele’s push to arrest and imprison more gang members. Inmates taunted a handful of Democratic and Republican lawmakers when they toured CECOT in May.
Is tRump a controlled asset or just a useful old idiot, does it matter. He is giving Putin everything he every wanted. The fact is he has decided to be Putin in the west while he lets Russia and China divide up Europe and the Asia. Hugs
The White House in Washington DC, USA. Illustrative image via Wikimedia Commons.
The United States has removed sanctions from several foreign companies previously accused of supplying equipment to Russia, including items linked to its defense and military-industrial sectors.
The changes were published on the US Treasury Department’s website on December 18, without any explanation for the move.
Cyprus-based investment firm and its owner delisted
Among the firms removed is Cyprus-based Veles International Limited and its owner, Dmytro Buhaienko. While the company is tied to an investment group based in Moscow, US sanctions remain in place against its Russian legal entities.
Veles was originally sanctioned in 2023 for operating in Russia’s financial sector and working with wealthy Russian private individuals.
Dubai and Turkish firms linked to military exports also dropped
Other companies taken off the sanctions list include Dubai-based 365 Days Freight Services FZCO and Türkiye’s Etasis, both of which had been linked to exports of restricted equipment used for military purposes in Russia.
When 365 Days was originally sanctioned in November 2023, the Treasury said the company “specializes in moving high-value goods and computer components” and “has shipped high-priority goods, including machines for the reception, conversion, and transmission of data, to Russia.”
Finnish supplier of optoelectronic equipment removed
The Treasury also lifted restrictions on Finland’s Hi-Tech Koneisto and its director, Yevheniia Dremova. The company had supplied optoelectronic and laboratory equipment to Russian firms already under sanctions.
CPS Proses Kontrol Urunleri, a Turkish company, had previously been sanctioned for sending German- and US-made machine tools to a Russian defense contractor. While the company itself is no longer under US sanctions, the Russian contractor it supplied remains restricted.
US authorities did not indicate whether the removals reflect changes in compliance, enforcement priorities, or broader sanctions policy toward Russia.
The delistings come as White House negotiators have met with Russian President Vladimir Putin in Moscow to push a US deal to end the war in Ukraine, and days after the Treasury extended authorization for Lukoil-branded gas stations outside Russia to continue operating.
Commentary: The masking of ICE agents is indefensible
Amy Dru Stanley and Craig Becker, Chicago Tribune on Published in Op Eds
Last month, a federal judge observed that masked figures were creating terror on American streets — not criminals but agents of Immigrations and Customs Enforcement. “Law enforcement in the United States has usually been performed in the open,” wrote Judge William G. Young, a Ronald Reagan appointee to the U.S. District Court in Massachusetts.
“Images of plain-clothed, masked federal agents — faceless agents of the federal government — snatching a non-violent person off the streets” have created “fear in citizens and non-citizens alike.”
We’ve all seen the arrests in our neighborhoods and felt that fear. We’ve watched the raids unfold on the news: on the streets, on college campuses, in workplaces, in homes, outside courtrooms, in Home Depot parking lots. ICE agents wearing masks, violently detaining people, holding them captive, disappearing the suspects.
And we’ve heard the explanation that masking protects the ICE agents. “If you expose them,” President Donald Trump has said, “you put them in great danger, tremendous danger.”
But that rationale is indefensible, as it would apply to every public official and employee involved in the criminal justice system, all of whom face the threat of retaliatory violence. Moreover, severe penalties exist for attacking or intimidating law enforcement officers. Surely a judge who sentences convicted criminals to prison is as much at risk as ICE agents, yet the notion is absurd that judges should be anonymous or allowed to mask their faces in the courtroom.
Anti-masking bills have been introduced in Congress — including the “No Secret Police Act” and “No Anonymity in Immigration Enforcement Act”— but the measures have no chance of enactment under GOP control. Recently, Chicago and California banned masked arrests, but the U.S. Department of Homeland Security has stated: “We will NOT comply.”
What is needed is for the courts to act — to declare masked arrests unconstitutional, as unreasonable seizures barred by the Fourth Amendment. The U.S. Supreme Court has held that “reasonableness depends on not only when a seizure is made, but also how it is carried out.” Guarantees exist against seizures without probable cause or warrants, and the court has found that law enforcement agents violate the Fourth Amendment if they seize someone with unreasonable force or execute a warrant to search someone’s home without first knocking and announcing their presence. Such protections, essential in a democracy, should be extended to bar the carrying out of masked arrests. That ban is necessary to identify bad actors, and reduce the risk of harm and thereby uphold constitutional guarantees against unreasonable seizures and interference with freedom of expression.
ICE use of masks has spread more than fear. It has led to criminal impersonation: men pretending to be ICE agents carrying out kidnappings and sexual assaults. But threats to liberty and security lie in masked ICE policing itself — that faceless agents will use excessive force on immigrants or retaliate against witnesses who protest their raids by exercising free speech rights, and that no redress for the wrongs can be sought because the ICE agents can’t be identified. That masked men can act with impunity, as in authoritarian regimes.
Aggressive recruitment of new ICE agents, who are deployed with little training, heightens the risks of the masked raids. As the crackdown spreads — with the White House demanding 3,000 arrests by ICE a day— so, too, is protest against the masking. “More raids means more unidentified federal law enforcement intimidating and in some cases terrorizing our communities,” states the American Civil Liberties Union, noting the difficulty of distinguishing ICE arrests from kidnappings.
Masking also presents dangers for the ICE agents, who may be mistaken for imposters. Obscuring identity has long been a tactic used in certain undercover operations. But as former ICE official Scott Shuchart warned about the masked arrests, there is now “a kind of vigilante problem where people either don’t know, or at least aren’t sure, that these officers who are dressed up like bank robbers are actually law enforcement officers.” In such circumstances, violent self-defense might result.
Judicial prohibition of masked arrests is supported by trends toward greater transparency in policing nationwide. “In evaluating the reasonableness of police procedures under the Fourth Amendment,” the Supreme Court has, by its own account, “looked to prevailing rules in individual jurisdictions.” ICE agents’ masking is sharply discordant with rules requiring local police to wear badges and nameplates and barring them from preventing the public from reading the information. The increasing use of body-worn cameras similarly serves police accountability.
According to the U.S. Department of Homeland Security, however, assaults on ICE agents are up by more than 1,000% this year and masking has been informally tolerated to prevent doxxing, harassment and violence. Meanwhile, the U.S. Justice Department has begun to prosecute people who follow agents or publicize their addresses. Yet ICE has issued no policy requiring mask use to protect agents — nor any official guidelines on masking at all. Appearing on Fox News in July, the acting ICE director, Todd Lyons, equivocated. “I’m not a fan of the masks,” he said. “I think we could do better, but we need to protect our agents and officers.”
The unreasonableness of masked arrests is highlighted by state legislation outlawing the wearing of disguises by private individuals on public property. It reflects the understanding that masking promotes lawlessness — and as the Supreme Court has recognized, “Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen.”
Currently, some 22 states have anti-masking rules on the books, as do many local governments, rules now being enforced to suppress peaceful dissent rather than criminal activity. In extreme instances, felony charges have been threatened against masked students protesting the war in Gaza. No doubt the repressive use of the restrictions will broaden. Last June, Trump posted on social media: “From now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why???”
Anti-masking rules governing private conduct are almost a century old, with most originating in efforts to quell the terrors of the Ku Klux Klan. With much to hide, the Klan has attacked anti-masking laws in the very terms now used by ICE to defend masked arrests: “Members wear their masks to protect their anonymity,” the Klan has argued, “because of the harassment, threats of violence, violence.”
The depth of community protest against ICE agents’ masking may well be rooted in historical memory of faceless Klansmen riding through the night, seizing their captives. As Judge Young warned recently, “Masks are associated with cowardly desperados and the despised Ku Klux Klan. In all our history we have never tolerated an armed masked secret police.”
We should not do so now.
____
Amy Dru Stanley is a history professor at the University of Chicago. Craig Becker is a lawyer with Democracy Defenders Fund.
Leonardo Garcia Venegas was detained by immigration agents while filming a raid on his worksite, despite having a REAL ID on him and telling the officers he was a citizen.
Reporting Highlights
Americans Detained: The government doesn’t track how many citizens are held by immigration agents. We found more than 170 cases this year where citizens were detained at raids and protests.
Held Incommunicado: More than 20 citizens have reported being held for over a day without being able to call their loved ones or a lawyer. In some cases their families couldn’t find them.
Cases Wilted: Agents have arrested about 130 Americans, including a dozen elected officials, for allegedly interfering with or assaulting officers, yet those cases were often dropped.
These highlights were written by the reporters and editors who worked on this story.
When the Supreme Court recently allowed immigration agents in the Los Angeles area to take race into consideration during sweeps, Justice Brett Kavanaugh said that citizens shouldn’t be concerned.
“If the officers learn that the individual they stopped is a U.S. citizen or otherwise lawfully in the United States,” Kavanaugh wrote, “they promptly let the individual go.”
About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones.
Videos of U.S. citizens being mistreated by immigration agents have filled social media feeds, but there is little clarity on the overall picture. The government does not track how often immigration agents hold Americans.
So ProPublica created its own count.
We compiled and reviewed every case we could find of agents holding citizens against their will, whether during immigration raids or protests. While the tally is almost certainly incomplete, we found more than 170 such incidents during the first nine months of President Donald Trump’s second administration.
Among the citizens detained are nearly 20 children, including two with cancer. That includes four who were held for weeks with their undocumented mother and without access to the family’s attorney until a congresswoman intervened.
Immigration agents do have authority to detain Americans in limited circumstances. Agents can hold people whom they reasonably suspect are in the country illegally. We found more than 50 Americans who were held after agents questioned their citizenship. They were almost all Latino.
Immigration agents also can arrest citizens who allegedly interfered with or assaulted officers. We compiled cases of about 130 Americans, including a dozen elected officials, accused of assaulting or impeding officers.
These cases have often wilted under scrutiny. In nearly 50 instances that we have identified so far, charges have never been filed or the cases were dismissed. Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors.
Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed and punched a young man who had filmed them searching for his relative. In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn’t given medical attention despite having broken ribs in the incident and having recently had heart surgery. In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)
George Retes, an American combat veteran, at the site of his arrest by immigration agents on California’s Central Coast. Retes was detained for three days without access to a lawyer and missed his daughter’s third birthday.
In response to questions from ProPublica, the Department of Homeland Security said agents do not racially profile or target Americans. “We don’t arrest US citizens for immigration enforcement,” wrote spokesperson Tricia McLaughlin.
A top immigration official recently acknowledged agents do consider someone’s looks. “How do they look compared to, say, you?” Border Patrol chief Gregory Bovino said to a white reporter in Chicago.
The White House told ProPublica that anyone who assaults federal immigration agents would be prosecuted. “Interfering with law enforcement and assaulting law enforcement is a crime and anyone, regardless of immigration status, will be held accountable,” said the Deputy Press Secretary Abigail Jackson. “Officers act heroically to enforce the law, arrest criminal illegal aliens, and protect American communities with the utmost professionalism.”
A spokesperson for Kavanaugh did not return an emailed request for comment.
An immigration raid on 79-year-old Rafie Ollah Shouhed’s car wash left him with broken ribs.Courtesy of Rafie Ollah Shouhed. Compiled by ProPublica.
Tallying the number of Americans detained by immigration agents is inherently messy and incomplete. The government has long ignored recommendations for it to track such cases, even as the U.S. has a history of detaining and even deporting citizens, including during the Obama administration and Trump’s first term.
We compiled cases by sifting through both English- and Spanish-language social media, lawsuits, court records and local media reports. We did not include arrests of protesters by local police or the National Guard. Nor did we count cases in which arrests were made at a later date after a judicial process. That included cases of some people charged with serious crimes, like throwing rocks or tossing a flare to start a fire.
Experts say that Americans appear to be getting picked up more now as a result of the government doing something that it hasn’t for decades: large-scale immigration sweeps across the country, often in communities that do not want them.
In earlier administrations, deportation agents used intelligence to target specific individuals, said Scott Shuchart, a top immigration official in the Biden, Obama and first Trump administrations. “The new idea is to use those resources unintelligently” — with officers targeting communities or workplaces where undocumented immigrants may be.
When federal officers roll through communities in the way the Supreme Court permitted, the constitutional rights of both citizens and noncitizens are inevitably violated, argued David Bier, the director of immigration studies at the libertarian Cato Institute. He recently analyzed how sweeps in Los Angeles have led to racial profiling. “If the government can grab someone because he’s a certain demographic group that’s correlated with some offense category, then they can do that in any context.”
Cody Wofsy, an attorney at the American Civil Liberties Union, put it even more starkly. “Any one of us could be next.”
The video Garcia Venegas made of an immigration raid on a construction site shows him walking away from the officer while trying to film and then stating that he’s a citizen before being detained.Courtesy of Garcia Venega
When Kavanaugh issued his opinion that immigration agents can consider race and other factors, the Supreme Court’s three liberal justices strongly dissented. They warned that citizens risked being “grabbed, thrown to the ground, and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor.”
Leonardo Garcia Venegas appears to have been just such a case. He was working at a construction site in coastal Alabama when he saw masked immigration agents from Homeland Security Investigations hop a fence and run by a “No trespassing” sign. Garcia Venegas recalled that they moved toward the Latino workers, ignoring the white and Black workers.
Garcia Venegas began filming after his undocumented brother asked agents for a warrant. In response, the footage shows, agents yanked his brother to the ground, shoving his face into wet concrete. Garcia Venegas kept filming until officers grabbed him too and knocked his phone to the ground.
Other co-workers filmed what happened next, as immigration agents twisted the 25-year-old’s arms. They repeatedly tried to take him to the ground while he yelled, “I’m a citizen!”
Officers pulled out his REAL ID, which Alabama only issues to those legally in the U.S. But the agents dismissed it as fake. Officers held Garcia Venegas handcuffed for more than an hour. His brother was later deported.
Leonardo Garcia Venegas told agents he was a citizen both times he was detained. His REAL ID was dismissed as a fake.
Garcia Venegas was so shaken that he took two weeks off of work. Soon after he returned, he was working alone inside a nearly built house listening to music on his headphones when he sensed someone watching him. A masked immigration agent was standing in the bedroom doorway.
This time, agents didn’t tackle him. But they again dismissed his REAL ID. And then they held him to check his citizenship. Garcia Venegas says agents also held two other workers who had legal status.
DHS did not respond to ProPublica’s questions about Garcia Venegas’ detentions, or to a federal lawsuit he filed last month. The agency has previously defended the agents’ conduct, saying he “physically got in between agents and the subject” during the first incident. The footage does not show that, and Garcia Venegas was never charged with obstruction or any other crime.
Garcia Venegas’ lawyers at the nonprofit Institute for Justice hope others may join his suit. After all, the reverberations of the immigration sweeps are being felt widely. Garcia Venegas said he knows of 15 more raids on nearby construction sites, and the industry along his portion of the Gulf Coast is struggling for lack of workers.
Kavanaugh’s assurances hold little weight for Garcia Venegas. He’s a U.S. citizen of Mexican descent, who speaks little English and works in construction. Even with his REAL ID and Social Security card in his wallet, Garcia Venegas worries that immigration agents will keep harassing him.
“If they decide they want to detain you,” he said. “You’re not going to get out of it.”
Men building a home in rural Baldwin County, Alabama. Garcia Venegas was detained by immigration agents twice while working on homes in the area.
George Retes was among the citizens arrested despite immigration agents appearing to know his legal status. He also disappeared into the system for days without being able to contact anyone on the outside.
The only clue Retes’ family had at first was a brief call he managed to make on his Apple Watch with his hands handcuffed behind his back. He quickly told his wife that “ICE” had arrested him during a massive raid and protest on the marijuana farm where he worked as a security guard.
Still, Retes’ family couldn’t find him. They called every law enforcement agency they could think of. No one gave them any answers.
Eventually, they spotted a TikTok video showing Retes driving to work and slowly trying to back up as he’s caught between agents and protestors. Through the tear gas and dust, his family recognized Retes’ car and the veteran decal on his window. The full video shows a man — Retes — splayed on the ground surrounded by agents.
George Retes’ family noticed his car in a compiled video posted to TikTok. This clip from that longer video shows his white vehicle surrounded by tear gas. Immigration agents later pinned him on the ground.nota.sra/TikTok
Retes’ family went to the farm, where local TV reporters were interviewing families who couldn’t find their loved ones.
“They broke his window, they pepper sprayed him, they grabbed him, threw him on the floor,” his sister told a reporter between sobs. “We don’t know what to do. We’re just asking to let my brother go. He didn’t do anything wrong. He’s a veteran, disabled citizen. It says it on his car.”
Retes was held for three days without being given an opportunity to make a call. His family only learned where he had been after his release. His leg had been cut from the broken glass, Retes told ProPublica, and lingering pepper spray burned his hands. He tried to soothe them by filling sandwich bags with water.
Retes recalled that agents knew he was a citizen. “They didn’t care.” He said one DHS official laughed at him, saying he shouldn’t have come to work that day. “They still sent me away to jail.” He added that cases like his show Kavanaugh was “wrong completely.”
DHS did not answer our questions about Retes. It did respond on X after Retes wrote an op-ed last month in the San Francisco Chronicle. An agency post asserted he was arrested for assault after he “became violent and refused to comply with law enforcement.” Yet Retes had been released without any charges. Indeed, he says he was never told why he was arrested.
Retes said that agents knew he was a citizen. “They didn’t care.”
The Department of Justice has encouraged agents to arrest anyone interfering with immigration operations, twiceordering law enforcement to prioritize cases of those suspected of obstructing, interfering with or assaulting immigration officials.
But the government’s claims in those cases have often not been borne out.
Daniel Montenegro was filming a raid at a Van Nuys, California, Home Depot with other day-laborer advocates this summer when, he told ProPublica, he was tackled by several officers who injured his back.
Bovino, the Border Patrol chief who oversaw the LA raids and has since taken similar operations to cities like Sacramento and Chicago, tweeted out the names and photos of Montenegro and three others, accusing them of using homemade tire spikes to disable vehicles.
“I had no idea where that story came from,” Montenegro told ProPublica. “I didn’t find out until we were released. People were like, ‘We saw you on Twitter and the news and you guys are terrorists, you were planning to slash tires.’ I never saw those spike tire-popper things.”
Officials have not charged Montenegro or the others with any crimes. (Bovino did not respond to a request for comment, while DHS defended him in a statement to ProPublica: “Chief Bovino’s success in getting the worst of the worst out of the country speaks for itself.”)
The government’s cases are sometimes so muddied that it’s unclear why agents actually arrested a citizen.
Andrea Velez was charged with assaulting an officer after she was accidentally dropped off for work during a raid on street vendors in downtown Los Angeles. She said in a federal complaint that officers repeatedly assumed she did not speak English. Federal officers later requested access to her phone in an attempt to prove she was colluding with another citizen arrested that day, who was charged with assault. She was one of the Americans held for more than two days.
DHS did not respond to our questions about Velez, but it has previously accused her of assaulting an officer. A federal judge has dismissed the charges.
Other citizens also said officers accused them of crimes and suddenly questioned their citizenship — including a man arrested after filming Border Patrol agents break a truck window, and a pregnant woman who tried to stop officers from taking her boyfriend.
“The often-inadequate guardrails that we have for state and local government — even those guardrails are nonexistent when you’re talking about federal overreach,” said Joanna Schwartz, a professor at UCLA School of Law.
More than 50 members of Congress have also written to the administration, demanding details about Americans who’ve been detained. One is Sen. Alex Padilla, a California Democrat. After trying to question Noem about detained citizens, federal agents grabbed Padilla, pulled him to the ground and handcuffed him. The department later defended the agents, saying they “acted appropriately.”
I can’t understand living just to hate and harm others who are not doing anything that harms you. To carry that bitterness and to work so hard to deny to others what you demand for yourself seems like poisoning one’s self. With so much to enjoy in diversity and inclusion why work so hard to create a homogeny of everyone being the same. Hugs
As the M4L annual summit kicks off this weekend, here’s how one of the group’s original chapters is sowing chaos and pushing anti-LGBTQ policies in Indian River County.
Mink Tyner says some people call her a “helicopter parent” because of how protective she is over her kids. Despite this, she wasn’t concerned about bringing her daughter, then 14, to the Indian River County, Florida, school board meeting in August 2023, where they were discussing changes to the state’s curriculum relating to race and slavery.
That’s why she was shocked when she saw community members at the podium reading excerpts of sexual content from books.
“I hate lights out now because my D has a mind of its own,” one woman read. Then a man came up and read, “When Doris had just turned 11, her current stepfather started having sex with her.” And a third person read, “He took a long long time peeling off my jeans and T-shirt, pink bra and panties, and a longer time stroking and kissing me.”
The meeting had turned into more of a stunt led by protestors affiliated with the local chapter of Moms for Liberty (M4L), a Southern Poverty Law Center-designated far-right extremist group.
“I’m not gonna have my kid in here listening to these adults doing this shit,” Tyner remembers thinking.
She took her daughter out of the room and pleaded with security to intervene, but they refused. So she spoke up to disrupt the meeting herself, only for security from the Sheriff’s office—who told Uncloseted Media their deputies responded “appropriately and in accordance with established procedures”—to escort her out.
As she was leaving, conservative pastor John Amanchukwu, who had attended the meeting with M4L, confronted her while recording a video that he would later post to X calling her “demonic” and lashing out about her being pro-LGBTQ: “You’re okay with DEI. … You’re okay with Pride Month. You’re okay with the rainbow flag. You’re okay with all that junk,” he yelled. Tyner responded by calling him a “fucking weirdo” and walked out.
That video opened a floodgate of harassment that tormented Tyner and her family for years: She received insults, accusations of pedophilia, and persistent threats of violence from a Facebook account displaying the name CURTIS COUSINS who called her a “fent-using fat fucking dyke” and told her she deserved to have “a potato peeler peel her clit right off to the bone.”
“I never know if this week or 10 years from now somebody’s gonna show up [to my business] based on some kind of misinformation that Moms for Liberty started about me [or] want to harm me and my family,” Tyner, who owns a tattoo shop, told Uncloseted Media.
Indian River County is home to one of the first of M4L’s 320 chapters nationwide. The group’s annual summit is this weekend and will feature a variety of politicians with anti-LGBTQ track records, including Oklahoma’s former state superintendent Ryan Walters, who made headlines for making anti-trans comments after the death of 16-year-old trans teen Nex Benedict. Last year, conservative heavyweights spoke at the event, including President Trump, Tulsi Gabbard and Sebastian Gorka.
Over the last four years, M4L have built a reputation for chaos and controversy. Members have made the news for quoting Hitler, stripping at a school board meeting and offering bounties to report teachers who teach about “critical race theory.”
At one point in Indian River County, close allies of M4L made up a majority of the school board where they pressured the district to ban scores of books, many of which contain LGBTQ themes, and reverse a racial equity policy—all while harassing, doxing and defaming their adversaries.
Maurice Cunningham, a retired professor of political science from the University of Massachusetts, says what’s playing out in Indian River County is a microcosm for so many other chapters across the country.
“[The media are] falling like suckers for this story that they’re a grassroots moms organization. They are not, they are connected to … the far right establishment,” he says. “And that’s become … more and more apparent. So this whole grassroots thing is hogwash.”
Beginnings
Moms for Liberty was founded in Florida in 2021 by three current and former school board members: Tiffany Justice, Tina Descovich and Bridget Ziegler, the latter of whom has since left the group after being involved in a sex scandal wherein her husband allegedly prowled local bars to solicit women for threesomes.
Shortly after M4L launched, Justice tapped Jennifer Pippin, who had made a name for herself for leading activism against COVID-19 restrictions, to lead the chapter for her home county, Indian River.
While the anti-mask circles that would later be folded into M4L always had a conservative lean, multiple county residents told Uncloseted Media that the group’s discriminatory views were not initially apparent.
Tyner, a lesbian who identifies as politically independent, actually felt welcomed by the group when she worked with them on their anti-mask mandate advocacy. However, that changed as M4L’s focus turned towards opposing LGBTQ inclusion measures in schools.
“Once they organized and got the appearance of a grassroots start … and many people in the community that were siding with them, it’s like they took the steering wheel and they just steered another direction,” she says.
When Tyner began speaking up against this rhetoric, she says she was blocked from the group’s Facebook pages. But as she continued to oppose them publicly, Justice offered to meet with her to address her concerns.
Over breakfast at a local cafe, Tyner says Justice gave her a “scripted” response in the hopes of winning back her support. She even invited Tyner to an M4L chapter meeting. However, Tyner declined as the meeting was allegedly to be hosted by a community member who had made an online post suggesting necrophilia and pedophilia are part of the LGBTQ umbrella.
“I was like, ‘Alright, this is not a good or a safe movement,” says Tyner.
Justice did not respond to a request for comment. In an email, Pippin told Uncloseted Media that M4L have “members and members children that are LGB in [their] chapter and across the country.”
Another local parent, who requested anonymity due to concerns about his job security, says while he’d initially been on board with M4L’s parental rights advocacy, he ran into conflict with the group when they started opposing the school district’s racial equity policies and tried to ban books with antiracist themes, including Ibram X. Kendi’s “Antiracist Baby”and “Stamped: Racism, Antiracism, and You.” Like Tyner, he says he was approached by Justice and Pippin to win him over again but was ultimately unconvinced.
After he split from M4L, he began publicly criticizing the group’s book bans. In retaliation, some M4L members accused him of supporting pedophiles.
When he reached out to Pippin to ask for the people making such accusations against him to be held accountable, he says she waved him off—all while blocking him on social media and accusing him of “bullying.” He also says that she doxed him after another dispute—a major factor in his decision to remain anonymous.
“Her response to me basically was ‘free speech,’ ‘we don’t control what our members say.’ And I’m like, ‘But Jennifer, you know me, and you know I’m not a pedophile, and this is unacceptable,’” he told Uncloseted Media.
Building Political Power
The Indian River County School District’s J.A. Thompson Administrative Center. Photo by Kiran891.
Efforts to ban LGBTQ and racial justice-related books in schools are part of M4L’s national ammo that helped them quickly explode in popularity.
Cunningham says M4L were boosted by high-profile connections on the right. Ziegler and Descovich both served as presidents of the Florida Coalition of School Board Members, a group billed as a conservative alternative to the Florida School Board Association. Ziegler’s husband, Christian, was vice chairman of Florida’s Republican Party at the time and worked as a media surrogate for the Trump campaign in 2016.
Since their launch, M4L have had their conferences and events sponsored by the Heritage Foundation and the Leadership Institute; were directly advised by Leadership Institute founder Morton Blackwell; and were a part of Project 2025’s advisory board. And this summer, Justice was hired as executive vice president of Heritage Action.
In 2022, the Indian River County chapter leveraged this influence to carve out power in local government: They got two close allies, Jacqueline Rosario and Dr. Gene Posca, elected to the school board, and they developed closerelationships with the Ron DeSantis-backed county sheriff Eric Flowers. Pippin was even appointed by Florida’s Department of Education to a statewide workgroup to develop compliance training for Florida’s classroom censorship policies, including the infamous “Don’t Say Gay” law.
As M4L became notorious for pushing exclusionary measures in schools, some officials—including school board member Peggy Jones—criticized the group. In retaliation, Jones reportedly received so many death threats that the district had to increase security detail at all school events where she was present.
In the midst of increasing chaos surrounding M4L, the group mounted a campaign of hundreds of requests to ban books containing “sexual content.”
While some librarians continued to hold the majority of books where bans were unsuccessful, M4L convinced Flowers to investigate one school library, alleging that keeping the books on the shelf could constitute a sex crime. While the investigation found that no crime had been committed, Flowers concluded that “we do not feel that this content is appropriate for young children,” putting even further pressure on local librarians.
Pippin at the school board meeting in August 2023. Photo via YouTube.
This kind of direct action proved very effective. Even the reading protest where Tyner was escorted out won them 34 additional book bans from a unanimous board vote.
“You can’t deny that the kind of tactics that they have have been useful,” Cunningham says. “Some of the places they’ve taken over, [including] Sarasota County, where Bridget Ziegler was on the board, became much more conservative over the past few years.”
Silencing Opposition
In addition to school board meetings, the group has a track record of trolling progressive events. Tyner and the anonymous parent remember an incident where a group of M4L members showed up to a local National Association for the Advancement of Colored People (NAACP) meeting that had been organized to discuss plans for opposition against new state regulations that required classes to portray slavery in a more positive light.Tyner says white M4L members attempted to shout down NAACP speakers, with one member allegedly using the n-word. Thomas Kenny, a M4L member who was at the event, said this “did not happen” and that one of their members using the n-word is “an absolute lie.”
Cunningham says these disruptions are part of M4L’s playbook. He pointed to the example of Jennifer Jenkins, the liberal school board member who unseated Tina Descovich in neighboring Brevard County, who says protestors spurred by M4L have turned up outside her home calling her a pedophile and burning “FU” in her lawn.
“They [use the] same kind of tactics … over and over again,” says Cunningham.
Pippin
Chapter leader Jennifer Pippin has mastered those tactics, becoming widely known as one of the most influential book banners in the country. She’s also made headlines for filing a complaint against the Kilted Mermaid, a Vero Beach wine bar, alleging that they had hosted an all-ages drag event with sexual content, which the bar owner denies. M4L rallied against the bar online, spamming the posts of one of the bar’s drag performers, telling the queen to “stay away from children.” This stunt caught the attention of Florida’s Attorney General James Uthmeier, who launched an investigation and issued subpoenas for video recordings of the bar on the day of the event as well as identifying documents for employees and performers.
Pippin has also claimed to be a nurse, despite no public records showing that she has a license, and appeared on the antisemitic and homophobic far-right news website TruNews, where she claimed, without evidence, that anti-M4L activists have been killing pets and livestock owned by the group’s members.
Fear
Tyner and the other anonymous parent both say that they’ve had to take a step back from the school board and local activism because of the toxic environment M4L have created.
“It’s been turned into such a circus,” Tyner says.
In the meantime, things have gotten worse for the LGBTQ community in Indian River County, and in Florida overall, between the “Don’t Say Gay” law and anti-LGBTQ legislation that requires teachers to deadname trans students unless they have signed parental permission slips. The anonymous parent says he’s watched many of the LGBTQ people in his life, including one of his own children, who is a teacher, leave the state due to the hostile environment.
“It’s not safe for a lot of people,” he says.
Greener Pastures?
Despite all of this, a sea change may be on the horizon. A 2024 Brookings report found that the success rates of M4L-endorsed candidates were on the decline, and in Indian River County’s elections last year, both of M4L’s school board candidates lost. With the continued controversies of the Trump administration and the growing popularity of groups that oppose M4L’s ideology, Cunningham feels the tide may be turning for M4L’s influence in Indian River County and across America.
“In school board races, the Moms for Liberty label is toxic, so try to not get attached to that,” he says. “They’ve had quite an impact … I don’t wanna downplay that. But in terms of popular appeal and growth, I think it’s much more limited than it is portrayed.”
Editor’s Note: In an email, Jennifer Pippin responded to the allegations made about her in this story. You can read them here.
If objective, nonpartisan, rigorous, LGBTQ-focused journalism is important to you, please consider making a tax-deductible donation through our fiscal sponsor, Resource Impact, by clicking this button:
So much for the will of the voters and the desires of the public. Republicans do not want democracy, they want a one party authoritarian rule with them in charge. Hugs
Voters in GOP-controlled states are passing progressive policies at the ballot—only to watch Republican legislators repeal them. Will it change how voters choose candidates?
ASSOCIATED PRESS
Missouri Governor Mike Kehoe
Last November, Missouri voters approved a ballot measure guaranteeing paid sick leave to workers in the state and raising the minimum wage, which will reach $15 an hour in 2026. It passed by a solid 58 percent.
But last month the Missouri legislature,where Republicans have a supermajority in both chambers,overturned the paid sick leave part of the law, as well as a provision that would have continued to automatically increase the minimum wage in the future. “Today, we are protecting the people who make Missouri work—families, job creators, and small business owners—by cutting taxes, rolling back overreach, and eliminating costly mandates,” Republican Governor Mike Kehoe said in a statement. That’s disingenuous, to say the least. They simply disagreed with the majority of voters—and were under pressure from industry groups like the Missouri Chamber of Commerce and Industry that called the law a “job killer.”
Completely overturning a ballot measure passed by a substantial margin is fairly new and bold, but it’s part of a more recent trend in red states to undermine the will of voters who have passed progressive initiatives at the polls. Increasingly, these approved initiatives are being challenged and weakened by their state legislatures, which may blunt ballot initiatives in general as a progressive policy tool. What happened in Missouri also illustrates the unusual nature of our current state of politics: We’re in the midst of a huge disconnect between what voters want and who they’re voting for to get it. Ballot initiatives make voters feel like they can have it all, choosing policies they like à la carte while voting for candidates based on completely unrelated criteria. It lets legislators off the hook while giving voters a false sense of control. But what’s happening to ballot initiatives in Missouri and other states could be a wake-up call for voters about how they choose candidates.
Twenty-six states allow some kind of ballot referendum process, usually either to amend the state’s constitution or pass new laws, or both. In the recent past, conservative ballot initiatives, like the same-sex marriage ban that passed in California in 2008 (and was overturned by the courts in 2013), were used to drive Republican turnout in an otherwise blue state and try to sway the presidential election. More recently, organizers have focused on passing popular progressive initiatives that legislatures were reluctant to take up, like increasing minimum wages, medical and recreational marijuana legalization, and expanding Medicaid. Many of these measures have proven popular even in majority-Republican states like Arkansas, Florida, Missouri, and Ohio. Last year, Nebraska and Alaska joined Missouri in passing referenda on paid sick leave and the minimum wage.
After the success of those initiatives, states with Republican legislatures hostile to those changes have been trying to find ways to undermine direct democracy. Most often, they pare back statutes so that the laws are less powerful than voters perhaps intended, as Florida has done with felon enfranchisement and gerrymandering initiatives, and Nebraska did with its own paid sick leave law. Other times, states try to revamp the ballot referendum process to make it more difficult to get through. The Arkansas legislature has tried in the past to require a supermajority of 60 percent to pass initiatives, and this year groups in the state are working to enshrine direct democracy rights into the state constitution to prevent more of these efforts. Florida voters passed a ballot initiative requiring a supermajority of 60 percent to amend the constitution in 2006, making a lot of popular changes harder to enact. (Notably, this initiative got 58 percent and wouldn’t have passed under the new rules.)
“We’re in a phase of pushback against the process right now, because the policies have been responding to one direction that the state legislatures have been going for about 15 years, which is in a more conservative direction,” said Craig Burnett, the chair of Political Science at Florida Atlantic University. Responding to the moment may limit conservative lawmakers’ tools in the future, though. “That does swing. You may think this is a good idea today, but you know, tomorrow it may work against you.”
Constitutional amendments are more resilient than new laws passed by referenda because state legislatures can’t tinker with them, and they’ve recently become a battleground over state-level abortion rights. When states try to implement voter-passed statutes, though, the legislatures generally have some authority to decide how they should be implemented, but it’s not always clear what the limits are. Efforts by Republicans to change a referendum that passed in Michigan raising the minimum wage, eliminating the tipped minimum wage, and requiring paid sick leave were overturned by the state’s Supreme Court, and there are questions about how some of those laws will be implemented.
This isn’t always nefarious. Deciding how to implement laws is the job of the legislature, and voters are essentially hiring legislators to do that job for them when they elect candidates. In some cases, asking voters to consider too many referenda, or overly complicated ones, could be seen as shirking their responsibility. In California, for example, voters are asked to weigh in on dozens of initiatives, some of them redundant and counterproductive. Many of these are complicated questions that are better left to legislators.
There’s also a lot of evidence voters don’t always know about the initiatives before they vote on them. That doesn’t mean they don’t realize what they’re voting for—protections like paid sick leave and even longer-term family leave are extremely popular, for example—but they’re not always researching how their elected officials feel about them or what the policies are in their states before Election Day. Practically, that means they might be casting votes in favor of measures while also voting for candidates who wouldn’t support them.
Initiatives also require organized campaigns to collect the signatures and other qualifiers necessary to make it to the ballot, which means the process can be hijacked by millionaires and billionaires who back those campaigns. State officials and campaigns also often wrangle over the language used on the ballot itself, leading to court fights and sometimes to language that is unnecessarily confusing. That can overwhelm voters, turning what is supposed to be direct democracy into another area of politics where big money can distort the process.
Outright repealing popular provisions, however, is new. “Missouri is very pro economic policy, and to see that, it definitely shows that there’s like a new resolve from Republicans to really dismiss the will of the voters and really not care about who they represent,” said Caitlyn Adams, executive director at Missouri Jobs With Justice, which supported the initiative. She said there were some districts where the initiative passed with more votes than the Republican candidates in those districts who later voted to overturn it had. The initiative also had support from small businesses in the state, but the state’s Chamber of Commerce lobbied against it anyway, she said.
Still, ballot initiatives give voters only limited power. Voters approve initiatives they support, but that doesn’t always mean they care enough about the issue they voted for—like paid sick leave—to later vote against a politician who helped to overturn it. Typically, voters have felt more strongly motivated by culture-war issues like abortion than by things like minimum wage laws. Missouri Jobs With Justice is in the early stages of trying to get a constitutional amendment guaranteeing paid sick leave, which would not be vulnerable to legislative tinkering, on the ballot next year. “Ballot initiatives were never a silver bullet,” Adams said. Referencing the Republicans who overturned paid leave, she added, “I think we are going to be spending time telling voters who did this to them; making sure they know who took this away.”
Voters will be impacted by the repeal in varying ways, of course. Many workers already have sick days and paid family leave available from their employers, and since the law had kicked in and some workers were already accruing sick days before its repeal, some businesses may decide to keep the benefits in place. It’s the lowest-paid, most vulnerable workers in the economy who are the least likely to have sick leave and are probably the most vulnerable without laws to enforce. And since the repeal also scrapped a provision that would have protected Missouri workers who actually used their sick leave from being retaliated against, the most vulnerable workers might be unable to actually use any leave they technically have.
We are in the middle of a huge partisan reshuffling. In the past three election cycles, non–college educated voters have shifted to the Republican Party, while the Democratic base, once full of blue-collar and union rank-and-file workers, is now full of college-educated, relatively well-paid white-collar workers. These are workers who already have access to benefits through work, but they are voting for the party with a platform that supports increasing the same benefits for others. At the same time, Republicans seem to have successfully painted Democrats as elite and culturally remote, even while they’re the ones passing tax cuts for the wealthy and generally catering to the whims of business interest groups.
It means that the values that drive people to vote aren’t neatly aligned with personal economic interests—though the degree of this disconnect is still in flux. “We’re not going to be marching to one side of the spectrum and staying there,” Burnett said. “It’s probably more likely to be how it’s been for the last hundreds of years in American politics, which is, we kind of go back and forth, but there is a reasonable expectation that we are going to reshuffle people.” We just don’t know what issue will be the big one that will make that reshuffling settle down a bit, at least until the next major issue upends politics again.
This is the big question hanging over the Democratic Party. For now, however, it’s clear that many of the people who benefited from Biden’s populist economic agenda had no hesitation in voting against him. Adams said future campaigns will also focus on educating voters on candidates who support the initiatives and those who don’t. “We do have to be able to do multiple things at the same time—pass really great statewide policies, and create consequences for elected officials who go against the will of the voters,” Adams said.
But given the Republican assault on ballot initiatives, perhaps it’s also time to educate voters on the problem with depending on these initiatives in the first place. Voters need to decide what policies they want from their political parties—and actually demand them, by choosing candidates accordingly. That remains the surest path to change in this rickety democracy.
The suit alleges the new state law unconstitutionally silences the viewpoints of students and teachers. The law’s supporters say DEI programs use public funds to promote political agendas.
The ACLU and a group of LGBTQ+ and student rights organizations are suing Texas to block the state’s ban on diversity, equity and inclusion initiatives in K-12 public schools. Ilana Panich-Linsman for The Texas Tribune
The American Civil Liberties Union of Texas and a group of LGBTQ+ and student rights organizations are suing to block a new state law that would ban diversity, equity and inclusion initiatives in K-12 public schools.
In a lawsuit filed last month in federal court, attorneys from the ACLU of Texas and Transgender Law Center argued that Senate Bill 12 violates the First and Fourteenth Amendments as well as the Equal Access Act. Gov. Greg Abbott signed the legislation last June, and it will go into effect Sept. 1 alongside an array of other transformative laws for public education in Texas.
“Senate Bill 12 is a blatant attempt to erase students’ identities and silence the stories that make Texas strong,” said Brian Klosterboer, senior staff attorney at the ACLU of Texas. “Every student — no matter their race, gender, or background — deserves to feel seen, safe, and supported in school.”
Supporters of SB 12 say DEI programs use class time and public funds to promote political agendas, while opponents believe banning those initiatives will disproportionately harm marginalized students by removing spaces where they can find support.
Here’s what you need to know about the effort to block the law.
What the ban would do: Authored by Sen. Brandon Creighton, R-Conroe, SB 12 prohibits public school districts from considering race, ethnicity, gender identity or sexual orientation in hiring decisions. The ban also bars schools from offering DEI training and programs, such as policies designed to reduce discrimination based on race or gender identity, except for when required by federal law.
The law requires families to give written permission before their children can join any school club, and prohibits school groups created to support LGBTQIA+ students. Parents will be able to file complaints if they believe their schools are not complying with the DEI ban, and the law requires school districts to discipline employees who knowingly take part in DEI-related activities.
Rep. Jeff Leach, R-Allen, said SB 12 builds on a 2021 state law barring public schools from teaching critical race theory, an academic discipline that explores how race and racism have influenced the country’s legal and institutional systems. While critical race theory is not taught in Texas public schools, the term has become a shorthand used by conservatives who believe the way some schools teach children about race is politically biased.
DEI advocates say initiatives that promote diversity provide support for marginalized communities in workforce development and higher education, while critics say DEI practices give preference to people based on their race and ethnicity rather than on merit.
What the lawsuit says: Attorneys from the ACLU and the Transgender Law Center are suing Texas Education Agency Commissioner Mike Morath and three school districts on behalf of a teacher, a student and her parent. They’re also representing the Genders & Sexualities Alliance Network and Students Engaged in Advancing Texas, two organizations that say they would be harmed by the ban. The ACLU amended the complaint in September, adding as plaintiffs the Texas American Federation of Teachers, another student and his parent.
The suit calls SB 12 an “overzealous” attempt to ban DEI in public schools and argues that it censors constitutionally protected speech and restricts students’ freedom of association. It’s also vague and overly broad, the suit says.
“S.B. 12 seeks to erase students’ identities and make it impossible for teachers, parents, and volunteers to tell the truth about the history and diversity of our state,” said Cameron Samuels, executive director at Students Engaged in Advancing Texas. “The law also guts vital support systems for Black, Brown, Indigenous, Asian, and LGBTQIA+ students and educators.”
As part of the lawsuit, the Genders & Sexualities Alliance Network claims SB 12 singles out the organization by explicitly restricting student clubs based on “sexual orientation or gender identity,” language the group uses to describe the student organizations it sponsors at schools. That restriction harms the freedom of speech of the group and its members, the suit says. The Genders & Sexualities Alliance Network has chapters in Texas at more than a dozen school districts, according to the filing.
Lawsuits against similar laws have had mixed results in the past.
Because of SB 12’s ban on discussions of sexual orientation and gender identity in classrooms, opponents have compared it to Florida’s “don’t say gay” law, which attracted widespread media attention in 2022 due to its far-reaching impacts in public schools. Civil rights lawyers sued to block it, saying the law violated free speech and the Fourteenth Amendment’s equal protection clause. But a federal judge dismissed the case and said the plaintiffs had no legal standing and had failed to prove harm from the law. The attorneys ultimately agreed to a settlement with Florida education officials that clarified the law to allow discussions of sexual orientation and gender identity in classrooms only if it’s not part of instruction.
The Texas Education Agency did not immediately respond to a request for comment.
The broader push against DEI:The DEI ban on K-12 schools comes two years after the Texas Legislature passed a similar ban for the state’s higher education institutions. Senate Bill 17 requires public universities to close their diversity offices, ban DEI training and restrict hiring departments from asking for diversity statements, or essays in which a job candidate expresses their commitment to promoting diversity in the workplace.
Creighton, who also authored that bill, has warned higher education leaders that they could lose millions of dollars in state funding if they fail to comply with the law. Earlier this year, Abbott threatened Texas A&M University President Mark Welsh III’s job after claims spread online that Texas A&M was sending students and staffers to a conference that limited participation to people who are Black, Hispanic or Native American.
At the national level, President Donald Trump has ordered all federal agencies to end “equity-related” practices and asked contractors to certify they do not promote DEI efforts. Trump also told schools and universities they would lose federal money if they do not eliminate diversity practices.
Over the last five years, Texas and other Republican-led states have also taken other steps to abolish and ban DEI efforts in public education and the workforce. Similar to Trump, Abbott issued an executive order in January mandating that Texas agencies end all forms of DEI practices.
“We must always reject race-based favoritism or discrimination and allow people to advance based on talent and merit,” Abbott said.
Disclosure: ACLU Texas and Texas A&M University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
The ACLU and a group of LGBTQ+ and student rights organizations are suing Texas to block the state’s ban on diversity, equity and inclusion initiatives in K-12 public schools. 
Scottie's Playtime 
