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Indiana lawmakers resume session with a focus on police, red flag laws and gender identity

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INDIANAPOLIS — Lawmakers are back to work at the Indiana Statehouse with two bills passing out of committee during the session. One bill outlines how close individuals can get to a police officer on duty, while the other pertains to red flag laws.

Police Buffer Zone

House Bill 1122 allows police officers to instruct people to move 25 feet away from them during police-involved situations. This legislation aims to clarify a law passed in 2023 that resulted in lawsuits from journalism organizations and the American Civil Liberties Union. A judge previously ruled that the original law was too vague.

Plainfield Police Chief Kyle Prewitt, also a member of the Chiefs of Police Association, commented on the new distance requirement, stating, “25 feet sounds like a good distance but it is realistically not very far if somebody wanted to observe or do other things. 25 feet is certainly a decent distance to be able to do that from; it just enhances everyone’s safety at the scene.”

Red flag law

House Bill 1127 that passed out of committee would expunge red flag law hearings if the individual is found to not be a threat to themselves or others. Currently, the hearing remains on their record even if their firearms are returned.

Second Amendment attorney Guy Relford emphasized the impact on individuals' lives, noting, "Just being nosy and getting on a database like MyCase people can see that and say, 'Oh well, this person was alleged to be dangerous; they had guns seized from them.' That sounds like a big deal, and it can definitely impact their life."

The bill passed out of committee unanimously

Executive orders

In addition to legislative activities, Governor Mike Braun has signed two executive orders on Tuesday. During a recent address.

Executive Order 25-35 mandates that state educational institutions have to comply with the 2020 Title X rule rather than the 2024 Biden Administration interpretation. The EO will ban transgender women from participating in college sporting teams,

“Hoosiers overwhelmingly agree that they don't want men competing in women’s sports," Governor Braun said. "This isn't even a partisan issue. A recent New York Times poll showed that over 80 percent of Americans agreed with this, including two-thirds of Democrats.”

Executive Order 25-36 states that Indiana will only recognize two genders male and female. The executive order directs state agencies to no longer use language like "birthing person," "men with periods," or "people who menstruate".

"Replacing the scientific fact of biological sex with the ever-shifting self-reported idea of gender identity has real consequences," Braun said.

When asked if the executive order impacts a transgender person's ability to change their gender on state-issued identification, Braun's office says there are 239 Indiana driver’s licenses that carry the X designation. They added that while drivers may keep those licenses, they will not be allowed to renew them with the X designation. Furthermore, the Indiana Department of Health plans to push back against counties that attempt to change sex on birth certificates.

In response to these executive orders, several organizations sent out statements of disapproval.

ACLU statement

"Make no mistake, Tuesday's Executive Orders are not pro-Indiana women; they are anti-transgender Hoosiers. Like other Indiana elected officials, the Governor is trying to erase any state recognition of Transgender Hoosiers and their families. If this order is interpreted to apply to basic government functions like driver's licenses, it will put transgender people in our state at risk of harm.

Unfortunately, this is just the latest example of the Governor using his first 100 days to target various groups of people in the state. His Executive Order on immigration needlessly created a wave of terror among Indiana’s immigrant communities. His Executive Order leading to the release of terminated pregnancy reports, against the guidance of Indiana’s Department of Health, created anxiety among many Hoosier women, particularly those who have had to access or may need to access an abortion under the extremely narrow exceptions to the state’s abortion ban.

The Governor came into office promising to focus on education, the economic health of families, quality of life for Hoosiers, and government efficiency. Instead, he is irresponsibly wielding executive authority to put into practice the beliefs of a small number of Hoosiers who don’t like transgender people and immigrants or support medical privacy for women in the state. His actions are harming residents who just want to contribute to the health and well-being of their communities, diminishing our state in the process.

ACLU of Indiana and our partners in all 92 counties have a different vision for our state. We believe Indiana works best when it respects basic constitutional rights and principles and treats everyone who lives here with dignity and respect. And we won’t stop fighting until our state’s laws and policies reflect that belief."

Indiana Youth Group

IYG stands with transgender Hoosiers and condemns both of Governor Braun’s recent Executive Orders unfairly targeting them.

These orders are the product of a nationwide campaign of misinformation and paranoia targeting transgender people – especially youth. While there are exactly zero transgender girls or women currently participating in K-12 or college sports in Indiana1, there are thousands of transgender Hoosiers who are terrified by the way politicians have targeted them and their families for political gain.

Despite the title and the cynical timing of its release, just before International Women’s Day, EO 25-35 will do nothing to protect women’s rights. In fact, it’s supported by lawmakers who’ve voted against women’s rights, year after year.

EO 25-36 plays on deeply insulting and untrue conspiracy theories about transgender people and the care they receive. Quite simply, transgender people are who they say they are. There is no evidence anywhere to suggest that acknowledging the reality of the transgender experience harms anyone.

The evidence shows that states that protect trans people instead of targeting them also tend to have more opportunities and better outcomes for women and girls across the board, including in sports.

While our political leaders invent problems that don’t exist, the youth we serve are afraid. They are afraid because their neighbors and schoolmates are being told by leaders that they are dangerous. It’s only a matter of time before extremist rhetoric and anti-trans policy result in more tragedy.

The dehumanizing language with which these orders were released makes it clear that the motivation is simply animus to trans people. Incidents of bullying and violence against this vulnerable group are already rising rapidly, fueled by the words and actions of leaders who are supposed to protect all of us.

We’ll say it again: It is time to cool down the rhetoric before someone gets hurt.