By Joshua Wolfson | CHEYENNE, Wyo. – The University of Wyoming and a Laramie church leader who sued the school after he was temporarily barred from tabling in the student union have reached a settlement in his lawsuit, the school announced Friday. 

Under the terms of the agreement, which a judge must still approve, the school will pay Todd Schmidt $35,000 for certain attorneys fees and other expenses. It also agreed that it wouldn’t enforce a one-year tabling ban on Schmidt that was imposed after he named UW’s first transgender sorority member on a sign that questioned the student’s gender. Finally, the school agreed not to censor Schmidt’s views on the student’s “sexual identity,” court documents show.

But the deal does not prevent the university from punishing Schmidt for future misbehavior, such as engaging with students who don’t wish to speak with him, according to a copy of a consent order filed Friday in the U.S. District Court for Wyoming.

Should Judge Nancy Freudenthal sign off on the order, the agreement will resolve a lawsuit Schmidt filed earlier this year after the university imposed the temporary ban.

A lawyer for the Center for Religious Expression, which represented Schmidt in the lawsuit, did not immediately respond Friday to a message seeking comment. Nor did a university spokesman.

In August, Freudenthal granted a preliminary injunction that blocked the university from enforcing the ban on Schmidt. She concluded Schmidt’s actions were protected speech and did not constitute illegal harassment. 

UW President Ed Seidel indicated the school accepted the judge’s decision and sought to move forward. 

“We will be watching closely to make sure that Schmidt’s speech — and that of others — does not go beyond the legal bounds recognized in this ruling and established in decades of case law,” Seidel wrote to the campus community at the time.

The suit stems from a Dec. 2, 2022 incident in the school’s student union. Schmidt, who frequently preaches on the campus, posted a sign on a breezeway table challenging the gender of Artemis Langford, who had recently been admitted as the school’s first transgender sorority member.

A group of students responded by standing in front of the sign to block others from seeing the words. 

University Dean of Students Ryan O’Neil asked Schmidt to remove Langford’s name on the grounds it violated UW policies governing the student union. He did, but only after O’Neil said she would call the police.

The incident received considerable public attention. Seidel initially said Schmidt’s actions did not violate UW policies, which prompted criticism from some students and alumni. Some noted Schmidt had faced previous accusations of harassing students over their sexual identity, Freudenthal noted in her ruling on the preliminary injunction.

The university soon took action against Schmidt, banning him from tabling for a year because, officials concluded, he had violated UW rules concerning discrimination and harassment. That punishment did not ban Schmidt from the campus altogether, and within days he was back preaching at the school.

Schmidt followed with his lawsuit, and he also sought a preliminary injunction blocking the ban as the case proceeded. Freudenthal agreed to the injunction in August, noting that the mention of Langford’s name was unavoidable as part of the broader debate about whether a transgender woman should be allowed in a sorority. 

A representative for Langford declined to comment Friday about the settlement. She is not party to the suit.

That admission prompted its own lawsuit, which is still winding its way through the courts. Six of Langford’s sorority sisters sought to void her membership, but a different federal judge dismissed the case, ruling a private organization can make its own decision concerning how it determines its membership. Attorneys for the sorority sisters want to appeal the matter, but whether they can is also a matter of legal dispute.

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Joshua Wolfson serves as managing editor for WyoFile. He lives in Casper. Contact him at [email protected] or (307) 797-2143. Follow him on Twitter at @joshwolfson. 

More by Joshua Wolfson

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The preceding article was previously published by WyoFile and is republished with permission.

You’ve likely read a number of deep-dive investigations at WyoFile over the last several weeks. The level of experience, dedication, and time needed to produce this caliber of journalism requires resources, most of which come from readers like you. Please consider contributing to our reporting with a donation today. Link: (Here)

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UNIVERSITY OF WYOMING NEWS Link to statement by the University of Wyoming: (Here)

By Carrie Haderlie | CHEYENNE, Wyo. – When Grady Hutcherson, now president of the Wyoming Education Association, was a second grade teacher in Goshen County, a student he called “Frank” brought a doll to class every day.

That boy, Hutcherson said, played with female students — and his doll — every day.

“I didn’t care that he brought that doll,” said Hutcherson, who spoke at a Joint Education Committee meeting in Cheyenne Tuesday. “I cared about his safety, and him not being bullied by other people. That was my concern.”

However, proposed legislation under consideration by the Joint Education Committee would have a “chilling effect” on Hutcherson’s ability to protect that child, he said.

If passed in 2024, the draft legislation considered Tuesday called “Parental rights in education-1” would prohibit “classroom discussion about sexual orientation or gender identity.” The draft legislation also contains parental notification requirements and complaint procedure processes.

“Based on this bill, I don’t understand if I would be able … to provide instruction to my entire class that it is OK for Frank to play with dolls, or females, or not,” Hutcherson, who taught for 24 years, said. “I am asking all of you to answer the question: ‘Would I be able to have that discussion with my class about Frank and the doll?’”

Sen. Bo Biteman (R-Ranchester) brought the bill to the committee, saying it mirrors legislation that passed the Senate last session. That previous bill failed because it was not introduced in the House.

“I would just suggest that it depends on, is it age appropriate? What are you going to explain to the kids and Frank about the doll? Is it just that Frank likes this doll and that’s OK?” Biteman said. “That is not a problem.”

Biteman said the bill addresses a much deeper issue delving “into gender identity politics.”

“This bill is aimed at stopping discussion happening in kindergarten through third grade,” Biteman said. “These kids can’t even wrap their heads around what the heck you are talking about. It prevents some teacher, who is a very big time activist, say, from going on a diatribe for 10 minutes about whatever issue they want to talk about using that as an opening.”

According to a memo to the Joint Education Committee from Tania Hytrek, operations administrator for the state’s Legislative Service Office (LSO), there are “several constitutional concerns with the proposed legislation.”

Hytrek clarified that the LSO does not take a policy stance, but that it is her office’s job to “advise on potential future issues.” In its memo, the LSO identified potential constitutional concerns related to protected speech under the First Amendment, among others.

“There is some precedent that, in the event that you are chilling the environment that students are being educated in, or chilling the environment that teachers are educating, that that is a violation of the students’ First Amendment rights,” Hytrek said. “There are lots of cases that discuss that you don’t shed your First Amendment rights as soon as you enter a school building, whether you are a teacher or a student.”

A ‘Don’t Say Gay’ law in Wyoming?

Marcie Kindred, a woman who identified herself as a mother and founding member of Wyoming Family Alliance for Freedom, said the bill is a carbon copy of Florida’s “Don’t Say Gay” law. She spoke against the bill, and during around three hours of public comment, supporters and opponents of the legislation addressed the committee.

Ryan McKenzie, who identified himself as a Wyoming teacher, spoke against the legislation, saying it takes options away from teachers, parents and educators. It also “fixes a problem that isn’t broken,” he said.

“If a kid comes up to me and he is being bullied because his two dads are gay, for the reading of this bill, I would not be allowed to convene a classroom meeting to solve this problem,” McKenzie said.

McKenzie, who said he is married to a man in the U.S. Air Force, went on to describe a situation that happened to him in May.

“I had a parent out me to one of my kids,” he said. “If a kid comes up to me and they ask me about this situation, would I be allowed to tell the truth? Would I have to say ‘No’ and lie? Or would I be forced to deflect?”

McKenzie said he already refers to his husband as his “spouse” in his classroom because he considers it best practice to separate his personal life from his students. When asked, he acknowledged that his colleagues don’t always do the same, and use the terms “husband” and “wife.”

Nathan Winters, president of the Wyoming Family Alliance, said “the thousands of families that we represent are for this bill.” The Wyoming Family Alliance, according to its website, is a political advocacy partner of Focus on the Family.

Mary Schmidt, a member of the Natrona County School District Board of Trustees, spoke in favor of the bill, saying that her school district was already considering similar rules. Further, she said she has several issues with the constitutional First Amendment concerns outlined in the memo.

“[The memo] gives the example of chilling students, school personnel and others from disclosing their sexual orientation or gender identity, ” Schmidt said. “Why would a teacher or personnel be talking to a child of this age about their sexual orientation? That right there is questionable behavior.”

While opponents of the bill say that it “classifies” people, it actually protects them, she continued.

“The person who spoke about the story of the little boy with the doll. Was he classifying that boy into a transgendered or a homosexual? No, you can’t do that,” Schmidt said. “You have to just say, ‘You can’t bully him because he has a doll.’ This law is stating that you can’t imply the child is any classification. You just have to treat them as they are, at the developmental level they are at.”

The committee voted to split the bill into two parts: One regarding classroom discussion about sexual orientation or gender identity, and the other on parental notification as referenced in the bill text. The committee voted that a new bill draft regarding parental notification will move forward to the November Joint Education Committee meeting.

Rep. Karlee Provenza (D-Laramie) made a motion not to carry the bill text regarding sexual orientation or gender identity to the next meeting. That motion failed in a 7-6 vote.

The committee voted 6-6 not to sponsor the balance of the bill regarding sexual orientation and gender identity. According to committee co-chair Sen. Charles Scott (R-Casper), the bill may come back as legislation put forward by an individual legislator, in which case, Scott said he would support it.

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The preceding article was previously published by the Wyoming Truth and is republished with permission.

The Wyoming Truth aims to report accurately and fairly. Please reach out to alert us to any errors at [email protected].

During her speech delivered to the University of Wyoming’s College of Arts and Sciences and the College of Education commencement Saturday afternoon, Republican U.S. Senator Cynthia Lummis told graduates that “the existence of two sexes, male and female” was a “fundamental scientific truth.” 

The audience’s immediate reaction to her transphobic remarks were loud expressions of disapproval including jeering, boos, and demands she leave the podium.

The senator’s remarks came in the latter third of her twenty-minute address which had primarily focused on the critical need for teachers and in the fields of agriculture and other endeavors she noted were Wyoming hallmarks.

In a statement released by her office Sunday, a spokesperson noted that Lummis was apologizing to those who felt “un-welcomed or disrespected” by the comments.

“My reference to the existence of two sexes was intended to highlight the times in which we find ourselves, times in which the metric of biological sex is under debate with potential implications for the shared Wyoming value of equality,” the statement read.

“I share the fundamental belief that women and men are equal, but also acknowledge that there are biological differences and circumstances in which these differences need to be recognized. That being said, it was never my intention to make anyone feel un-welcomed or disrespected, and for that I apologize. I have appreciated hearing from members of the University of Wyoming community on this issue, and I look forward to continuing this dialogue.” 

Dr. Jenni Tabler, an Assistant Professor in the University of Wyoming’s Sociology Program in the College of Arts and Sciences tweeted, pointing out the graduate’s reactions along with the fact that the UW campus community had recently lost a Trans student to suicide, making the senator’s remarks more hurtful.

The university’s president also issued a statement Sunday expressing support for all members of the UW campus and community:

May 15, 2022

To the UW community:

On Saturday, the university celebrated spring 2022 commencement with a series of events that showcased the best of what makes us special: our students, our staff, our faculty and our ability to openly embrace and debate complex issues. One of our speakers made remarks regarding biological sex that many on campus take issue with. While we respect the right of all to express their views, from students to elected officials, we unequivocally state that UW is an institution that supports and celebrates its diverse communities that collectively make us the wonderful place that we are.

Thank you to the many students and families who celebrated with us this weekend. We welcome the incredible individuality and intellect of all our dynamic and diverse students and never want you to feel otherwise.

Sincerely,

Ed Seidel, President

Being overtly anti-trans at graduation in the same year we lost a trans student to suicide (even if she was oblivious) is beyond cruel.

— Jenni Tabler, PhD (@jenni_tabler) May 14, 2022

Hi 👋. If you are interested in the response of our university. There is a lot of reflection required to support students and the broader state. But we are also people. I’m just a person who lost a student this year. I want all my students to feel seen and to live and thrive. pic.twitter.com/otSXPcc0WE

— Jenni Tabler, PhD (@jenni_tabler) May 16, 2022

Senator Cynthia Lummis’ remarks are at the 50:11 time mark:

GILLETTE, Wy. – The culture wars over LGBTQ+ visibility, inclusion, LGBTQ+ materials and library books has now gotten librarians at the Campbell County Public Library facing the potential for criminal proceedings by Campbell County Wyoming, County Attorney Mitchell Damsky.

A spokesperson for Sheriff Scott Matheny confirmed that a report filed on Sept. 29 by county residents Hugh and Susan Bennett, had alleged that a crime has been committed at the local library and that the Bennett’s brought in several books they alleged contained obscene material, accusing leadership at the Campbell County Public Library of promoting obscenity.

According to journalist Ryan Lewallen, the News Director for Gillette-based County 17 News, the County Attorney declined to comment on an ongoing criminal issue, though Damsky confirmed the report has been received by his office and is currently being reviewed by his three brightest attorneys.

“I don’t know what’s going to happen,” Damsky told County 17 News. “Like I said, I have my best minds working on it right now and they’ll decide on whether or not it’s going to be charged.”

The books that have fired up local outrage included “This Book is Gay” by Juno Dawson, “How Do You Make a Baby” by Anna Fiske, “Doing It” by Hannah Witton, “Sex is a Funny Word” by Corey Silverberg, and “Dating and Sex: A Guide for the 21st Century Teen Boy” by Andrew P. Smiler.

Susan Sisti, a local pastor with the Open Door Church located in Gillette, has been leading the fight to have the LGBTQ+ books removed from the Campbell County Public Library

“It’s really easy to go into the library and look around a little bit and find a filthy book that should not even be in a public library,” said Sisti. “These books are absolutely appalling.”

Sisti has been working with Hugh and Susan Bennett who filed the initial criminal complaint, the Casper Star-Tribune reported Friday.

“It’s very challenging to imagine how a child who’s sexually immature, physically immature, if there’s any reasonable purpose for exposing them to sexual behavior that’s far beyond their physical and mental and emotional and intellectual abilities to understand,” Hugh Bennett told the Star-Tribune adding that he viewed the books as “hard-core pornography to children.”

This Book is Gay, Sisti pointed out, includes illustrations of male and female genitalia and descriptions of oral and anal sex.

But child access to all kinds of material on the internet might be pertinent to the case, suggested the County Attorney. “What 9-year-old kid today can’t access Pornhub or whatever they want, you know what I mean?” Damsky said.

According to Lewallen at County 17 News, the criminal complaint report filed by Bennett references Wyoming Statute § 6-4-302 (c) (ii), which alleges the library, through dissemination, is promoting obscene material.

“Obscene material, per W.S. § 6-4-301, is defined as that which the average person would find encourages an excessive interest in sexual matters, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value.”

The battle over the books has “gotten contentious and out of hand” when it may have been resolvable by putting the books among material for adults, said Damsky.

“Personally, as a parent, I find the material to be just inappropriate for children and disgusting. But as a lawyer I’m sworn to uphold the Constitution and that’s why we are dealing with it with a fine-toothed comb,” Damsky told the Associated Press and multiple other media outlets.

Investigators haven’t contacted library officials about the case, leaving them unsure which books got the library in potential legal trouble, the library’s executive director, Terri Lesley told the AP.

In all, the library has been working through 35 recent complaints about 18 books, she said, a situation she said appeared to be quite unusual for a public library.

“It’s unexpected,” Lesley said. “We are trying to be the force of reason, trying to work through these things using the policy we have in place — review these books and do our due diligence.”

This is not the first anti-LGBTQ protest and controversary for the library. This past July magician Mikayla Oz, who has performed hundreds of shows including many comprised of family audiences across the Midwest, was scheduled to perform four in Campbell County, including one sponsored by the Campbell County Public Library System.

Oz was forced to cancel after she and the library received numerous threats received from members of the community.

“You ain’t fucking welcome in Gillette,” a community member wrote in one email Oz received. “If you come here there’s going to be issues,” another told her in a phone call, she said.

The reason for the outage is that Oz is a transgender woman from Iowa. This community outrage was also coupled with the library’s Pride Month book display in June according to journalist Nick Reynolds from the WyoFile.

The outrage — first at the books, and then at Oz’s magic show — caught many by surprise, particularly given what little promotion the show (which was funded without the use of any taxpayer dollars) received, and that it had nothing to do with sex, gender or LGBTQ topics. Library staff involved said they never gave Oz’s gender any thought prior to booking her.

“[Gender identity] is not something that we would ask about,” said Terri Leslie, executive director of the Campbell County Library System. “We can’t imagine having a questionnaire for somebody’s sexual orientation. So that’s just not something that we knew. What we did know was that she does a good job, that the kids love her, and that it sounded like a great family event.”

There is a long legacy of anti-LGBTQ bigotry in Gillette. Its former mayor, representative in the State legislature and United States Senator, Michael Bradley ‘Mike’ Enzi  was a longtime detractor of the LGBTQ community.

Among his numerous anti-LGBTQ positions, he supported legislation in the state senate to declare all same-sex marriages, including those conducted outside of the state, void in Wyoming. He supported the Boy Scouts exclusion of gay scouts and leaders and supported legislation to end federal aid to schools which prohibited the Boy Scouts due to their refusal to admit gay members.

Enzi supported fellow Republican and former U.S. Senator Rick Santorum’s position regarding the U.S. Supreme Court ruling in  Lawrence v. Texas, which Santorum argued was wrong and that sodomy laws must be upheld.

Then, he voted against the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act although he had expressed condolences to the Shepard family at the time of the murder of Matthew Shepard.

The region around Gillette and a majority of its people still reflect that anti-LGBTQ attitude of Enzi and many others a local person with knowledge of the ongoing cultural war in Campbell County who requested anonymity told the Blade Saturday:

“They won’t give an inch- no compromises cause they think all LGBTQ+ people are sinners and deviants and the ‘Gay Agenda’ is a threat to the American way of life and must be shut down forever.”

CHEYENNE – The Casper-Tribune newspaper and Wyoming Equality reported Monday that a bar in the Wyoming capital city was selling T-shirts that depict a caricature of a hard-core bearded motorcycle rider pointing a revolver at the viewer. “In Wyoming we have a cure for AIDS,” it reads. “We shoot fuck’n faggots.”  

According to the Tribune, Sara Burlingame, the executive director of Wyoming Equality, had approached the bar’s owner requesting he cease sales of the T-shirt but he refused. On the group’s Facebook page Burlingame wrote:

“We are sad to say that we failed to convince a local bar to pull these shirts from circulation. We hoped that they would choose to stop selling them when they realized the harm it did to the LGBTQ community and those living with AIDS.

We are not sharing the name of the business because we do not want them to gain notoriety/ sell more shirts off the pain of our community. It is a sad day. Wyoming Equality understands that…this sucks. And we’d all rather spend our summer getting ready for Rendezvous, spending time with family and friends and recuperating from a hard year.

But let’s do what we do best and pull together. If you have the capacity we are asking folks to promote this message:+ please don’t share the name of the establishment- you’ll only drive business to them+ please don’t protest the business (see above)“

The state’s Republican Governor Mark Gordon released a statement condemning the unnamed bar;

“It’s incredibly disheartening to learn that any business would offer a product for sale with a message like this. This hurtful rhetoric is not reflective of our state’s values, and does nothing but promote hate and division.”

The editor and publisher of a local Cheyenne newspaper, The Cheyenne Post in an article late Monday afternoon, identified the bar as the the Eagle’s Nest bar at 1101 Lincolnway in Cheyenne. Bar owner Ray Bereziuk told the paper on Monday afternoon that his bar has stopped selling the shirts. He said that he is “in the bar business, not the apparel business,” and that he would not be reordering the shirts.

The discovery that a Cheyenne bar was selling a violent, homophobic T-shirt drew a strong rebuke Monday from community and state leaders. https://t.co/CzROWYoMvQ

— Casper Star-Tribune (@CSTribune) July 13, 2021