Trans Health Care Case Moves Forward in W. Va.

A legal case by three transgender West Virginians against the state’s top health officials can move forward, following a decision this week in federal court.

The plaintiffs, represented by the nation’s largest legal firm advocating for LGBTQ rights, filed their class action lawsuit in November.

The complaint is against the state Department of Health and Human Resources, which runs the West Virginia Medicaid program, and the state Public Employees Insurance Agency.

These agencies asked a federal judge to dismiss the case in January. Now that the judge has denied that request, the case can move forward.

The plaintiffs say the state Medicaid program and PEIA are discriminating against low-income transgender members by denying coverage for gender-confirming care.

Gender-confirming care refers to treatments like hormonal replacement therapy or surgery that better align a person’s body to their gender identity.

Emily Allen contributed to this story.

Transgender Athlete Bill Passes Its Second Committee, Heads To W.Va. House Floor

A bill placing restrictions on transgender athletes in middle and high school in West Virginia is on the fast track in the House of Delegates.

The House Judiciary Committee passed HB 3293 late Friday afternoon. It was passed out of its originating committee just two days earlier.

The bill requires that a student’s birth certificate be the determining factor of that youth’s gender when it comes to playing secondary sports such as basketball and track.

The bill further requires that if a birth certificate is not available, a student must obtain a physician’s note indicating the student’s sex based “solely on the pupil’s unaltered internal and external reproductive anatomy.”

The bill would not affect current co-ed secondary school athletic opportunities.

West Virginia is one of at least 35 states where state lawmakers have introduced similar legislation this year to place restrictions on transgender athletes.

HB 3293 passed 16-5 and could be up for passage in the full House sometime next week.

Bill Placing Restrictions On Transgender Student Athletes Passes W.Va. House Education Committee

A bill requiring student athletes in middle and high school to play sports under the gender assigned to them at birth is starting to move in the West Virginia House of Delegates.

The House Education Committee passed a bill Tuesday afternoon that would prohibit transgender students from competing on “single-sex” sports teams that match their gender identity. For example, under the bill, a person who was born female but identifies as male would not be allowed to play on a boy’s high school basketball team.

The bill requires that a student’s birth certificate is the determining factor of that child’s gender when it comes to playing secondary sports. The bill further requires that if a birth certificate is not available, a student must obtain a physician’s note indicating the student’s sex based “solely on the pupil’s unaltered internal and external reproductive anatomy.”

The bill would not affect current co-ed secondary school athletic opportunities.

Several Democrats expressed concerns about discrimination and concerns about the physical examination, including Del. Cody Thompson, D-Randolph. Thompson is openly gay and a teacher.

“If [the physical exam] is for a medical reason, I totally understand it and get it, but just to prove their gender, I don’t think that’s right,” Thompson said. “I don’t think any of us want our children subjected to that.”

No delegates spoke in favor of the bill. It was not immediately clear following the vote whether the bill had been double-referenced to a second committee or sent directly to the full chamber.

West Virginia is now one of several states where Republican-led legislatures have introduced similar legislation this year to place restrictions on transgender athletes.

School Official Appeals Job Removal After Trans Boy Harassed

A West Virginia assistant principal accused of harassing a transgender student is appealing a decision to remove him from his job after this school year.

WBOY-TV reports an attorney for Lee Livengood asked the Harrison County Board of Education to reconsider last week’s vote not to renew Livengood’s contract at the end of a three-year probationary period.

In November, Livengood allegedly followed transgender teenager Michael Critchfield into the boys bathroom at Liberty High School and said, “You freak me out.” Critchfield said Livengood also ordered him prove his gender by using a urinal.

Livengood’s attorney, Alex Shook, says his client was unaware of Critchfield’s gender identity and was not told of an arrangement Critchfield had with the principal to use the boys restrooms.

The American Civil Liberties Union is seeking diversity training in the county.

Assistant Principal Accused of Harassing Trans Boy Loses Job

Updated on Mar. 20, 2019 at 11:53 a.m.

A West Virginia assistant principal accused of harassing a transgender student will be out of his job after this school year.

News outlets report the board of education in Harrison County voted not to renew a probationary contract for Lee Livengood, who allegedly followed a teenager into the boys bathroom at Liberty High School and said, “You freak me out.”

Tuesday’s board vote to end Livengood’s employment on June 30 was unanimous.

Fifteen-year-old student Michael Critchfield said Livengood also ordered him in November to prove his gender by using a urinal. Livengood was suspended without pay before returning to Liberty High.

County schools Superintendent Mark Manchin said the board did not renew Livengood’s contract at the end of a three-year probationary period.

“It’s not uncommon at all,” Manchin said. “There’s no other reason other than the fact that we just desire not to have him continue as an employee of the Harrison County Board of Education.”

The American Civil Liberties Union’s West Virginia chapter said 1,100 people signed a petition demanding the board take action. The ACLU said it continues to push the county for diversity training to prevent similar incidents.

“While we’re glad to see Harrison County Schools taking accountability for what happened in the bathroom that day, we expect talks to resume regarding the implementation of best practice trans-inclusive policies that will better protect LGBTQ students and create a safer learning environment for Michael moving forward,” ACLU-West Virginia legal director Loree Stark said in a statement Wednesday. “Anything less would be unacceptable.”

According to Critchfield, the school band was preparing to take an after-school bus trip to Morgantown to watch a performance at West Virginia University. Critchfield said he went to the bathroom and checked to see if anyone was standing at a urinal before he went into a stall.

Livengood then opened the bathroom door and asked if any students were in the stall. Critchfield replied, and when he left the stall, Livengood was standing in the bathroom doorway and blocked Critchfield from leaving.

Critchfield recalled Livengood repeatedly yelling, “Why are you in here? You shouldn’t be in here.”

Critchfield said he replied that it was his legal right to use that bathroom. He said Livengood used improper pronouns when referring to Critchfield and challenged him to use a urinal to prove that he was a boy.

Reconnecting With Femme Voice

In the winter of 2016, we told the story of Anne Kelly Skinner, a Charleston, WV lawyer, who was transitioning from male to female.  As Anne’s body became less dude-like and more womanly, she was pleased. However, she worried her voice wouldn’t match her new body. There are many physical challenges for transgender people, one that doesn’t get a lot of attention is how a trans woman learns to sound like a woman. If a woman sounds like a guy, can she truly feel like a woman?  We revisit Anne, three years later, to find out how she’s doing and if she has found what she calls, her femme voice.

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