Nex Benedict
Benedict in 2023
Born	(2008-01-11)January 11, 2008 El Paso, Texas, U.S.
Died	February 8, 2024 (aged 16) Owasso, Oklahoma, U.S.

Nex Benedict (January 11, 2008 – February 8, 2024)^[1] was a 16-year-old non-binary American student who died after an incident at their^{[note 1]} high school on February 7, 2024. According to friends of Nex and Nex's mother, Sue Benedict, Nex had experienced bullying from students due to their gender identity for more than a year before their death. Benedict told police they were beaten by three girls in the girls' restroom at Owasso High School in Owasso, Oklahoma. Benedict died the following day. As of February 29, 2024,^[update] final autopsy and toxicology reports are still pending, and the cause of their death has not yet been established.^[4][5]

Vigils in honor of Benedict have been held across the United States. Advocacy and civil rights groups have noted a connection from anti-LGBT policies and rhetoric to Benedict's death, and have called for investigation of the Oklahoma State Department of Education as well as the removal of Ryan Walters, the Oklahoma Superintendent of Public Instruction. Some Oklahoma government officials have defended state policies and criticized media coverage of their death as excessive and the response as politically motivated.

Background

Nex Benedict was born in 2008 in El Paso, Texas.^[1] Nex's biological father relinquished all parental rights early on,^[1] and is in prison for abuse.^[6] Sue Benedict, Nex's grandmother and adoptive mother, raised Nex since they were two months old and formally adopted them a few years before their death.^[5][4] Sue Benedict is enrolled in the Choctaw Nation of Oklahoma, but Nex was not affiliated with the tribe.^[7] Nex and their family lived in Owasso, Oklahoma,^[8] a suburb of Tulsa,^[9] on the Cherokee Nation reservation, and attended school at Owasso High School on the reservation.^[7] The high school has 3,000 students in grades 9 through 12.^[10]

In 2022, Oklahoma became the first state in the United States to prohibit the use of non-binary gender markers on birth certificates.^[11][12] Students are legally required to use a bathroom that corresponds with sex assigned at birth,^[5] and minors are legally prevented from receiving gender-affirming health care.^{[13][14][11][15]} Legislation under consideration for the 2024 session includes new curriculum for public schools to describe gender as an "immutable biological trait," a ban on changing "sex" on birth certificates, and a requirement for school employees to use pronouns and names for students based only on birth certificates.^[14][15]

Ryan Walters, the Oklahoma Superintendent of Public Instruction, has implemented policies that include preventing students from changing the designation of their gender or sex in school records.^[16][17][18] In January 2024, Walters appointed social media influencer Chaya Raichik, the operator of the Libs of TikTok account known for posting anti-LGBT+ content, to the Oklahoma Department of Education's Library Media Advisory Committee.^[17][5][12] In 2022, an Owasso High School teacher, reported to have been "greatly admired" by Benedict, resigned after becoming a subject of a post by Raichik.^[17][5]

According to Sue Benedict and Nex's friends, students at Owasso High School had been bullying Nex due to their gender identity for more than a year.^[1][2][19]

Death

Sue Benedict said she was contacted by Owasso High School on February 7 and arrived to find Nex with bruises on the face and scratches on the back of the head, and Sue was informed that Nex was suspended from school for two weeks.^[5][1] On her own, Sue then took Nex to be examined at a nearby hospital^[5] and summoned the Owasso Police Department at around 3:30 p.m (CT).^[20]

Surveillence footage from the school hallway showed six students enter the bathroom where the incident occured, before Nex and two students entered.^[21] During 21 minutes of bodycam footage from Nex Benedict's interview with a school resource officer, recorded on the officer's body camera in the emergency room at Bailey Medical Center in Owasso at around 4 p.m. on February 7, Nex told the officer that they had been "jumped" in the school bathroom, and described details of the altercation, including that they "blacked out" while on the ground.^[22][23]

Nex recounted being in the bathroom with friends when they overheard comments about their group from a group of three girls; Nex said they poured water on the girls, Nex was then grabbed by the hair by one of the girls, and Nex pushed a girl into a paper towel dispenser; Nex was then on the floor, beaten and lost consciousness.^[23][21][24] Sue Benedict said in the week before the incident, Nex had complained about the three girls not "leaving them alone", including "calling them names" and "throwing things at them".^[23][25][24] The officer indicated it was possible the incident might be seen as "mutual" and Nex might also face charges if Sue pursued charges against the three girls, and Sue declined at that time.^[21][22] The officer also said if Nex appeared to be injured beyond "scrapes" and "bruises", the officer could be contacted if seeking charges was reconsidered.^[25][22][26] Nex was discharged later that day, and reportedly went to sleep with a sore head.^[5]

The following day, on February 8, as they were preparing to travel with their mother for an appointment, Nex collapsed in the family's living room. Sue Benedict called 911, saying that Nex’s eyes had rolled back and they were struggling to breathe.^[27] Nex had stopped breathing by the time EMTs arrived.^[5] Nex was declared dead at the hospital that evening.^[5]

Investigation

In a statement to The Advocate, Dan Yancy, Owasso Police Chief, said that "no report of the incident was made to the Owasso Police Department prior to the notification at the hospital".^[4] A search warrant dated February 9 resulted in the collection of 137 pictures from the school, two swabs of stains from the bathroom, as well as records and other documents related to involved students.^[28]

Investigations by the Owasso Police Department to determine the events that led to Benedict's death are ongoing. As of February 21, 2024,^[update] police are awaiting toxicology and autopsy results from the local medical examiner's office before determining whether anyone will be charged.^[5] Law enforcement conducted interviews with school staff and students with all findings sent to the Tulsa County District Attorney's Office.^[29]

On February 21, a police department spokesperson said that hallway video from inside the school, showing Benedict before and after the incident, had been reviewed by investigators and would be released "at some point".^[30] On February 23, the Owasso police released footage from school surveillance cameras, officer-worn body cameras, and audio of the 911 calls made by Sue Benedict on February 7 and 8.^[27][25]

The Owasso Police Department said that while further testing is pending, the preliminary autopsy information showed that the death was not trauma-related,^[31][32] although this is disputed. Nick Boatman, a spokesperson for the Owasso Police Department, said in a statement to Popular Information that the medical examiner had not explicitly said that the Benedict's death was unrelated to the head injuries, and that the Owasso Police had reached out to the examiner’s office in order to head off national scrutiny.^[33][34] The Benedict family is privately investigating the incident, also stating there were other facts not publicly available.^[35]

On February 27, Boatman stated to NBC News that the medical examiner's office had not ruled out the fight as a possible cause or contributor to Benedict's death. Boatman added that "people shouldn’t make assumptions either way."^[36]

Aftermath

A national hotline run by the Indianapolis-based Rainbow Youth Project reported receiving over 200 calls from Oklahoma in the weekend following Benedict's death, more than three times the usual amount, with many mentioning Benedict's death, and most reporting having been bullied themselves.^[6][14]

In a letter to parents reported on February 16, 2024, Owasso Public Schools said it would be increasing the number of security personnel within the district, updating their safety drills and rules, and providing additional counseling services for students affected by the death.^[37][38][39] On February 22, Owasso Police Department spokesperson Nick Boatman said that a number of threats have been made towards Owasso Public Schools following Benedict's death.^[40] Boatman stated that the Owasso Police Department had brought in several other agencies, including the Department of Homeland Security and FBI, as part of a statewide task force to track down the individuals who have made the threats. Benedict's family issued a statement asking that threats against school employees and students should cease.^[40] They also requested that authorities take action in Benedict's case, and called for greater action to address school bullying.^[40]

Vigils honoring Benedict were held between February 23 and February 25, in various locations in Benedict's home state of Oklahoma, including Owasso,^[41] Oklahoma City, Tahlequah, Tulsa, and Bartlesville,^[42] as well as across the United States, including: Washington, D.C.;^[43] Boston, Massachusetts;^[44] El Paso, Texas;^[45] Minneapolis, Minnesota;^[46] Wichita, Kansas;^[47][48] and Huntington Beach, California.^[49] At a vigil held in Tahlequah, Oklahoma, the rights group TahlEquality provided licensed therapists at the event, and the organization president told a local news station, "It's really hard being an LGBT community member in Oklahoma nowadays because suicide ideation and suicidal thoughts happen quite a bit" and that the LGBT+ community was mobilized in response.^[49] Hundreds of people attended a vigil in Oklahoma City, where a speaker asked queer adults in attendance to raise their candles to identify themselves to youth in the audience, and said, "This is your family. These are the people who have your back. These are the people who made it through their teenage years and came out on the other side. They are the ones who are living healthy, good lives. You are not alone – do you understand? You are not alone."^[50]

During the vigil in Owasso, some participants used masculine pronouns when referring to Benedict, and some friends later told NBC News that Benedict used he/him pronouns primarily and also used they/them pronouns.^[41][42] At the Ossawo vigil, one participating friend said, "I want to start off by saying that Nex was transgender, and he used he/him pronouns" and "He was so much more than his transness."^[42]

On February 26, at least 40 students at Owasso High School participated in a school walk out, citing concerns about bullying and in support of the 2SLGBTQ community at the school and in the city.^[51][52][53]

Reactions

On February 19, 2024, LGBTQ advocacy group Freedom Oklahoma released a statement describing the reported incident that preceded Benedict's death as "a possible hate-motivated attack" while acknowledging "a still incomplete picture" of what happened, and offered information about support resources such as the Trans Lifeline, the Trevor Project, and the LGBT hotline.^[5][54] The group linked the death of Benedict to Oklahoma laws and policies, and related rhetoric, including statements by Chaya Raichik on her Libs of TikTok social media accounts.^[5][55][37]

Chuck Hoskin Jr., the principal chief of the Cherokee Nation, said on February 20, "The facts relating to Nex’s death are not yet fully clear...The more we learn about Nex’s life, the more we come to know a wonderful child whose experience and identity mattered and was worth celebrating. Above all, Nex deserved to live a full life."^[56]

The American Civil Liberties Union (ACLU), ACLU of Oklahoma, and Lambda Legal issued a statement on February 20 stating "The assault on Nex is an inevitable result of the hateful rhetoric and discriminatory legislation targeting Oklahoma trans youth", and described the pending federal lawsuit filed by the organizations against Oklahoma Senate Bill 615, a law passed by the state legislature that required multi-occupation restrooms in public schools or public charter schools in Oklahoma to be for the exclusive use of either the male or the female sex, "as designated on individuals' original birth certificates".^[57]

On February 20, Oklahoma state representative Mauree Turner, who became the first publicly non-binary U.S. state lawmaker in 2020, described Nex's death as "a direct result of a failed administration in a public school that didn’t value the life of a trans student."^[58]

The Congressional Equality Caucus said in a written statement on February 21, "It's more important than ever to stand up to anti-trans hate, violence, & legislation across the country."^[58] United States Secretary of Education Miguel Cardona wrote in a statement on February 21, "I can't put into words the grief that I feel for Nex, their family, and their community...It is our responsibility to protect all students by creating spaces where they feel safe to be their true selves."^[58][2]

The Human Rights Campaign wrote to U.S. Attorney General Merrick B. Garland on February 21 to request a federal investigation into the circumstances of Benedict's death, and U.S. Representative Ritchie Torres (D-N.Y.) joined the request on February 22.^[59]

On February 23, Vice President Kamala Harris said that her "heart goes out to Nex Benedict's family" and that she stood with LGBTQ+ youth.^[60]

During a Legislative Update panel in Tahlequah, Oklahoma on February 23, which consisted of four Republican state senators, an audience member asked why the Oklahoma Legislature has "such an obsession with the LGBTQ citizens of Oklahoma and what people do in their personal lives and how they raise their children", and linked Benedict's death to "50 bills targeting the LGBTQ community". Senator Tom Woods responded that his "heart goes out" in regards to Benedict's death, while asserting Oklahoma is a religious, Christian, and moral state whose constituency "doesn't want that filth in Oklahoma". Michael Stopp, moderator of the forum and chairman of the Chamber of Commerce Government Affairs Committee, said the death was "terrible", but the media coverage was "blown out of proportion".^[61]

At a vigil for Benedict in Oklahoma City on February 24, Nicole Poindexter, an associate regional campaign director of the Oklahoma Human Rights Campaign, discussed efforts to lobby against anti-LGBTQ+ legislation, and said, "We told them that if they continued this rhetoric of hate, this rhetoric of division, that it would result in body bags, and I am devastated to tell you we were right," and called for Ryan Walters, the Oklahoma Superintendent of Public Instruction, to be removed from his position.^[13] Walters had defended Oklahoma's anti-LGBT policies in a February 23 interview with The New York Times regarding Benedict's death, saying: "There's not multiple genders. There's two. That's how God created us." He called Benedict's death "a tragedy" and said radical leftists had "decided to run with a political agenda" and "some folks" had tried to exploit Benedict's death for political gain.^[62][63]

In a February 28 letter organized by the advocacy groups Freedom Oklahoma, GLAAD, Oklahoma Human Rights Campaign, and GLSEN, addressed to Speaker of the Oklahoma House of Representatives Charles McCall, President Pro Tempore of the Oklahoma Senate Greg Treat, Oklahoma Senate Minority Leader Kay Floyd, Oklahoma House Minority Leader Cyndi Munson, Oklahoma Senate Education Committee Chair Adam Pugh, and Oklahoma House Education Committee Chair Rhonda Baker, more than 350 local, state, and national organizations, as well as public figures, requested an investigation of the Oklahoma State Department of Education and the removal of Walters from his position.^[64][65][66] The letter requests an investigation "to determine what actions and policies have led to a culture where rampant harassment of 2SLGBTQI+ students has been allowed to go unchecked"^[66] and states "Superintendent Walters' reprehensible conduct shows a willful rejection of his duty to protect the health and welfare of the children in Oklahoma's public schools and instead has created an environment that allows for hostility and harm for youth like Nex."^[65] Public figures who signed the letter include Kristin Chenoweth, Demi Lovato, Cynthia Nixon, k.d. lang, Jonathan Van Ness, Amy Schneider, Peppermint, Emma Roberts, and Tommy Dorfman.^[65] Walters replied to a local news station, and described the letter as a standard radical leftist tactic.^[67]

Notes

References

External links