Please love yourself, and give yourself grace when you need it. You deserve peace and happiness, and you matter. Hold on to those who love you unconditionally, and trust that everything will be alright regardless of whatever you are going through. Sending you all my love & positivity! Be gentle with yourself.

-Devereaux (she/her), Indianapolis


You are seen. You are heard. You are loved.

-Kylie (she/her), Knightstown


I know it feels impossible on some days to not get a say in your life. I was forced into a religion that didn’t accept me for who I am. I was forced to live a life I hated and it was miserable. I can’t even comprehend what it’s like to be a trans youth in America. My best friend is trans and we grew up together in Indiana. They have left Indiana for a better life. Now they live out strong and proud. I’ve never seen them be more confidently themselves. We see your bright sparkle. We know legislation works actively against it, but we will ALWAYS be here to fight back. Never give up. You are one of a kind & a value to our community. You may not see it now but you’ve got a lot of growing left to do. We all do. Thank you for being yourself. Be confident when you can, keep yourself safe until you can live your life fully. We need trans youth to become trans elders.

-Brittany (she/her), Avon


I see you; you deserve to live a full, equal life as your true self.

-Molly (she/her), Fort Wayne


You are loved, you are seen, you are valued! I won’t stop fighting for your right to be your authentic self, because only you know who you truly are. Things are scary right now, but there are those who will stand up for you. Take care!

-Veronica (she/her), Indianapolis


Dear Friends,
I just wanted to say I love you!! You are a beautiful person, and we are so lucky to have you in this world!! Things will get better!! We will keep fighting because you deserve to be safe, be loved, and to thrive!! Just keep being the awesome person you are!! Love you!!

-Bert (they/them/he/him), Greenwood


You are valued and an important part of this community. Any politician who makes you feel unwelcome or stigmatizes you does not speak for me. For everyone who has the opportunity and time to reach out to support you, dozens more share that support and didn’t have a chance to write a message. You are loved and valued and welcomed by me and my family.

-Louisa (she/her), Indianapolis


Stay strong and stay alive, it might seem like there’s no light at the end of the tunnel but trust me there is, and it’s brighter than you could’ve ever imagined

-Valerie (she/her), Indianapolis


As a person I believe in your right to exist and be happy and live the life you deserve. As a teacher I believe in bringing queer education into my classroom to help make sure that the future is a place where anyone can exist in peace.

-Lydia (she/her), Muncie


Hello! I’m writing you in honor of Transgender Day of Visibility to let you know that you are not alone. My trans son is now a trans adult, and our family has worked toward changing policies at the hyper-local level in our places of employment and community so that trans folks and their families may live full, equal, joyful, and authentic lives.

Life in Indiana is scary right now, but know that people like me have your back and are working to make changes. I’m here for you!

-Janneal (she/her), Highland


You are beautiful and you are loved. Your existence reminds us of the beauty of the human existence. We will always defend your right to be happy!

-Lauro (he/him), Cromwell


I’m writing in honor of TDV to let you know that I see you! You belong, and I stand by you!

-Chris (he/him), Highland


I'm writing you in honor of Transgender Day of Visibility to let you know that you are not alone and never will be, and even though things are scary right now, I believe that transgender youth deserve to live full, equal lives as their authentic selves. I've got your back!

-Sara, Crown Point


As a queer adult in Indiana, I am so discouraged by the increase in laws that are actively harmful towards trans youth, and I want you to know I am committed to fighting this legislature because I see you and I want you here and safe.

-Reagan (she/her), Indianapolis


You are so loved by so many here and our world is so much brighter with you in it. Remember that your existence and joy is a form of rebellion and resistance to the dinosaurs making laws and we need you as queer elders and community members for our future. There are a lot of Hoosiers that know your value to our communities and WANT to be your neighbors.

-Taryn (they/them), Indianapolis


I will never stop fighting for you. I will never be silent. You are loved. You are brilliant. You are beautiful. Please don't let anyone steal your shine.

-Leah (she/her), Batesville


I see you. You are valid, accepted and so, so wanted, needed and loved. I'm out there fighting for you every day- so don't give up, cause I won't give up on you.

-Adrianna (she/they), Frankfort


In honor of Transgender Day of Visibility to tell all the young trans people, it gets better, we love you, you matter, and we’re so proud of you. You have a huge group of people who support you and who are fighting for you. Keep hope alive, because we believe in you. This mom believes in you. It gets better.

-Brittany (she/her), Fort Wayne


You deserve to live your life as your authentic self. I will never stop fighting for your freedom to do so. You are unique, beautiful, worthy, and loved.

-Amy (she/her), Indianapolis


On this Transgender Day of Visibility, know that you are loved. Living authentically takes bravery. The world may be harsh right now, but no one can ever take away who you are. Stay strong. Stay brave. Stay you. I will stand with you always.

-Caitlin (she/her), Indianapolis


You are seen and heard. Please know that in the midst of your struggles, there are many thinking of you. We are also fighting hard to get you everything you deserve. There are many of us. We appreciate you and your brave soul that paves the way for others in the future. Sending love and hugs.

-Jen (she/her), McCordsville

Date

Friday, March 29, 2024 - 11:00am

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Dear Trans Youth

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For Transgender Day of Visibility, we asked Hoosiers to write messages of hope and affirmation to trans youth in Indiana to let them know they are loved and supported. Here are some of the messages you sent.

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The United States Supreme Court has explained on different occasions that “the Bill of Rights is not for adults alone”; “[s]tudents in school as well as out of school are ‘persons’ under our Constitution.” However, what protections apply to students when public school officials take it upon themselves to search or question students seeking contraband, or suspect them of criminal behavior? The Indiana Supreme Court has stated directly that “minors in school are subject to supervision and control . . . [and] are entitled to less privacy at school than adults would enjoy in comparable situations.” We all want our children to have a safe, positive learning environment, and we want school officials empowered to protect that environment, but in what context and to what extent should students have to sacrifice rights?

When police interrogate children, we readily acknowledge that the rules must be different. The confessions of children require special caution. The reality of a child’s age generates commonsense conclusions; in police interrogations, “a reasonable child will . . . sometimes feel pressured to submit when a reasonable adult would feel free to go.” To address these concerns, children cannot waive their rights without meaningful consultation with a parent or lawyer. And, a child’s statement cannot be used in court if it was induced by a “materially false” statement by the police.

Two companion decisions from the Indiana Supreme Court address a child’s rights during interrogations in the school setting. In one case, a Decatur Middle School student had been escorted off a bus by police and questioned by a vice principle with police officers hovering over him and encouraging him to confess. Because of how police involved themselves, the Indiana Supreme Court determined that B.A.’s statements required Miranda warnings that weren’t provided. In the other case, however, a Brownsburg High School assistant principal investigating graffiti in the school’s bathrooms called a student, named D.Z. in the case, into his office for a closed-door discussion without police involvement. Not until after the confession, did a police officer speak with D.Z. The trial court allowed the prosecutor to use D.Z.’s statement to the assistant principle, but not to the officer. The Indiana Supreme Court affirmed, holding that when police officers aren’t present, students are neither in custody nor under interrogation, unless the school officials act as agents of the police—meaning there is no obligation upon a school official to give Miranda warnings or other protections before interrogating a student.

The Indiana Supreme Court said the holding in D.Z. “clear rule,” a statement which raises serious concerns. Granted, Miranda, was in response to a “police-dominated atmosphere.” But, this “clear rule” set by the Indiana Supreme Court tends to ignore the inherent power/control disparity between student and school official, and the potential coercive atmosphere. It also ignores the potential motivations of the school official, even if acting on their own initiative.

Public school officials are state actors in many respects: they are prohibited from treading on students’ First Amendment rights to free speech, nor can they inhibit a student’s reasonable expression of their religious beliefs. And, seemingly most relevant to the act of interrogation, when they search students, the Fourth Amendment applies.

School officials have a great deal of control over students—both psychological and physical. School officials stand in loco parentis (in the shoes of parents) and are charged by law with the custody and control of students in their care. If students do not attend school, a new Indiana law requires a referral to the prosecutor. If a student acts up, they are met with punishment, including physical punishment that causes pain (whether prudent or not). While “zero tolerance policies” may be waning, it is still common that any evidence of criminal conduct in schools results in a referral to the juvenile court.

In addition to coercive interrogations, schools routinely conduct invasive searches of students. In fact, the ACLU of Indiana currently has two pending lawsuits against Indiana public school officials at Jay County Jr.-Sr. High School alleging that students were intrusively searched, both involving a male school official watching as female students were ordered to lift their shirts and pull their bras away from their bodies. Both students felt compelled to comply with the instructions given during the search, despite being humiliated. That is the reality of these interactions—students feel compelled to comply.

The protection of the Fifth Amendment is against the government compelling someone to be a witness against themself. When children are in school, they are subject to the control of school officials much to the same extent that adults are subject to the police. Especially where school officials curtail the freedom of a student while digging for evidence of a crime to give to the prosecutor, even if on their own initiative, the “clear rule” that none of the many protections against self-incrimination apply is at least a little bit murky.  

Date

Monday, March 25, 2024 - 12:15pm

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By Joel Wieneke: Senior Staff Attorney, Indiana Public Defender Council

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