Nex Benedict, a 16-year-old Oklahoma student who identified as nonbinary and preferred they/them pronouns, died on February 8, a day after a fight at Owasso High School. It is unclear whether the injuries that Nex suffered in the fight contributed to their death. But in a story published on Wednesday, The New York Times implicitly blames the altercation on an Oklahoma law that requires students to use restrooms that correspond with the sex “identified on the individual’s original birth certificate.” Details that the Times omitted cast doubt on that framing, which The Independent also pushed in a story headlined “Oklahoma Banned Trans Students From Bathrooms. Now a Bullied Student Is Dead After a Fight.”
Nex, whose given name was Dagny, was biologically female, and the fight happened in a girls’ bathroom, where Nex and another student reportedly were assaulted by “three older female students.” Although Nex apparently was bullied for identifying as nonbinary, it looks like the location of the fight was incidental.
That is not the impression left by the Times story. “Anti-Trans Policies Draw Scrutiny After 16-Year-Old’s Death in Oklahoma,” says the headline. The subhead adds that “the student, who did not identify as male or female, according to their family, died a day after an altercation in a school bathroom.” The story is illustrated by a photo of transgender rights activists during a 2023 demonstration at the Oklahoma Capitol. “Under state law,” the caption notes, “students must use the bathroom that aligns with their birth gender.”
Even though that is what Nex was doing at the time of the fight, the second paragraph again cites the law as if it explains the altercation: “Under an Oklahoma law passed in 2022, students must use the bathrooms that align with their birth gender.” The next paragraph notes that the fight happened “in a girls’ bathroom at Owasso High School” but does not acknowledge that Nex was complying with the bathroom law, perhaps because that would require acknowledging Nex’s “birth gender.” Although that information is clearly relevant in this context, the story does not mention it at all.
Reporters J. David Goodman and Edgar Sandoval return to the subject of state policy later in the story:
The death renewed scrutiny of anti-transgender laws passed in the state and rhetoric by Oklahoma officials, including the state superintendent for education, Ryan Walters, whose agency has been forceful in trying to bar what it calls “radical gender theory” in schools.
“It’s dangerous,” Mr. Walters said in a video made by the agency last year. “It puts our girls in jeopardy.”
The video highlighted a fight in a bathroom the previous year in which, according to a lawsuit, a female student was “severely” injured in a fight with a transgender student.
Advocates for nonbinary and transgender students said that the state’s policy on gender and bathrooms had led to more reports of confrontations in schools.
“That policy and the messaging around it has led to a lot more policing of bathrooms by students,” said Nicole McAfee, the executive director of Freedom Oklahoma, which advocates for transgender and gay rights. Students who do not present themselves as obviously male or female find themselves questioned by other students, they said. “There is a sense of, ‘do you belong in here?'”
The cause of Nex’s death remains unclear. The New York Post reports that Sue Benedict, Nex’s mother, said Nex fell and hit their head during the bathroom fight. The Post also quotes the mother of the other victim, who reported seeing the assailants “beating her head across the floor.” But according to a statement that the Owasso Police Department posted on Facebook yesterday, preliminary autopsy findings indicate that Nex “did not die as a result of trauma.” The statement adds that “toxicology results and other ancillary testing results” are still pending and “the official autopsy report will be available at a later date.”
Hellbound and Down 
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