Q Center

March 3, 2024

Nex Benedict and Oklahoma Bill No. 615

CW: assault, death/murder, transphobia, bathroom “debate”

The bathroom debate has been raging for decades but took center stage as a red herring tactic by politicians under the guise of protecting youth. Sadly, transphobia on this level is contagious and it has a major cost. 

Nex Benedict was a 16 year old member of the Choctaw Nation who attended school at Owasso High School. They were horrifically assaulted by older peers in the girls restroom. Nex died one day later. According to Nex’s mother, the targeted bullying and harassment Nex received began after Oklahoma’s Governor, Kevin Stitt, passed Bill No. 615. 

Bill No. 615 in Oklahoma mandates that all public schools and charter schools serving students from pre-k through 12th grade must designate multiple occupancy restrooms or changing areas for exclusive use by either males or females as assigned at birth. **However, the bill also requires these schools to provide reasonable accommodations, such as access to single-occupancy restrooms or changing rooms, for individuals who do not wish to comply with the sex-based designation. Exceptions are made for custodial, maintenance, or emergency medical purposes.

The bill further directs school boards to adopt disciplinary policies for noncompliance and imposes a 5% decrease in state funding for schools found to be noncompliant. Additionally, it grants parents or legal guardians of enrolled students the right to take legal action against schools for noncompliance, essentially deputizing citizens, which is part of what makes it so inflammatory and problematic. Additionally, the bill was deemed an emergency measure, effective immediately upon passage and approval, for the preservation of public peace, health, or safety.

**You will notice the clause above. Though this may appear protective at first, it does two harmful things; first it puts the onus on trans students to advocate for themselves, forcing students to out themselves to administration (who will then be monitoring them for punishment as mandated by the bill) so that accommodations be made for them. Second, Trans/Enby, and GNC students are rendered more easily identifiable and more easily targeted when using said accommodations. This is isolating, traumatizing, and dehumanizing, echoing separate but equal rhetoric. 

Why is this bill so harmful?

Encouraging Violence: Codified bigotry allows violence, harassment, and bullying to flourish, unchecked. In effect, bills like these permit violence. This bill and bills like it are harmful to all of us. 

Exclusion and Discrimination: By mandating that students use facilities based on their sex assigned at birth, the bill perpetuates exclusion and discrimination against transgender and non-binary students. It undermines their right to access facilities that align with their gender identity, potentially leading to increased instances of harassment, bullying, psychological distress, and violence.

Violation of Privacy: As we know, forcing students to use facilities based on their birth-assigned sex rather than their gender identity violates their privacy and dignity. Transgender and non-binary students may face discomfort, anxiety, or even danger when compelled to use facilities that do not correspond with their gender identity.

Emergency Declaration: The emergency framing of the bill raises concerns about rushed decision-making without thorough consideration of its impact on marginalized communities. Emergency measures typically bypass extensive public debate and scrutiny, potentially exacerbating harm to vulnerable populations like trans and non-binary students.

Overall, Bill No. 615 posed significant risks to the safety, well-being, and rights of transgender and non-binary students, perpetuating discrimination and exclusion under the guise of an emergency measure.

As the ACLU of Oklahoma Executive Director Tamya Cox-Toure said: “These violations put Oklahoma at risk of losing hundreds of millions of dollars in federal funding, and harms transgender youth, all to solve a problem that plainly does not exist.” 

Source Material: 

Want to read more: 

Resources:

Local Vigil

Quote from Seattle Pride’s Instagram post: “Join us this Monday, March 4th, as @GatheredinThisPlace, Seattle Pride, and @GenPride come together to host a vigil in loving memory of Nex Benedict (Choctaw), a 16-year-old nonbinary teenager from Oklahoma, who tragically lost their life after an assault in a school restroom. The vigil, welcoming all 2SLGBTQIA+ individuals and allies, will be held at the GenPride Center (1521 Broadway, Seattle, WA).”

Please RSVP to join them by following the link here.