The death of an Oklahoma high school sophomore Nex Benedict is a warning of how much Indigenous LGBTQ youth are at risk.

On Feb. 7, the 16-year-old gender-nonconforming Choctaw student was in a fight in the Owasso High School bathroom with three older girls. On their way out to an appointment the next day, Benedict collapsed and was eventually declared dead that evening in a hospital.

This tragedy highlights the complex social and legal landscape in Oklahoma, where a large Indigenous population faces both challenges and triumphs in their pursuit of equality.

Oklahoma, whose name is derived from the Choctaw word okla, meaning ‘people,’ is home to one of the most significant Native American-related rulings in 100 years after the U.S. Supreme Court ruled that three million acres of land be returned to the Muscogee (Creek) Nation in 2020. The victory was short-lived, when the Supreme Court granted the state prosecution powers of those in native land two years later.

Still, as of 2021, 16% of Oklahoma’s population is made up Native Americans, according to that year’s census, where Oklahoma’s Indigenous population grew 30% from the year prior. It ranks second out of all states with the most native population in the country right before California, according to a 2023 report by Wisevoter.

Chuck Hoskin Jr., Chief of the Cherokee Nation released a statement to X on Feb. 20 to mourn Benedict, who despite being Choctaw lived within the Cherokee nation.

“The death of Nex Benedict is a tragedy. As parents, the First lady and I are heartbroken. As Chief, the health and welfare of all children within the Cherokee Nation Reservation is of concern,” he wrote.

A GoFundme page set up to help with funeral costs has currently raised more than $120,000, most of which Benedict’s mother plans to donate to LGBTQ anti-bullying organizations. Meanwhile, details on the three girls who assaulted Benedict remain unknown.

While the LGBTQ community, Oklahomans and parents nationwide mourn the death of Benedict, those who are speaking out have articulated concerns about the larger implication this has for the future of trans youth, especially those who are Indigenous.

“We need action, not statements, not passing the blame,” Nicole McAfee, executive director of the statewide political advocacy organization for LGBTQ people Freedom Oklahoma told Reckon. “But a real commitment to not allowing one more two spirit LGBTQ young person to die.”

Last year, under her far-right conservative social media Libs of TikTok, Chaya Raichik made headlines in Tulsa, Okla. for publicly criticizing a local librarian at Union Public Schools for their “woke ideology.” Within days, schools in Tulsa received bomb threats.

Those who have shown frustration over Benedict’s death have pointed out Raichik as part of the cause of the rising tension within Owasso. In 2022, Libs of TikTok targeted an Owasso teacher’s pro-LGBTQ stance on his social media, with her followers calling him a “groomer.” He then resigned from his position.

The ongoing slander of queer, trans and nonbinary people online is salt to the wound that is the surge of legislation within the past few years aimed to limit the rights and freedoms of the LGBTQ community—trans youth, especially.

Last year’s legislation was proven to play a role in the drop of mental wellbeing of young LGBTQ people, according to The Trevor Project’s National Survey on Mental Health. Young queer, trans and nonbinary Native Americans and Indigenous people were the highest at risk compared to other races. Following last year’s survey, 53% of Native and Indigenous LGBTQ youth considered attempting suicide, while 22% attempted it—both taking the number one spot.

Benedict’s death is no balm to the community of LGBTQ youth beyond Owasso. Following their death, national organization advocating for LGBTQ youth Rainbow Youth Project reported to GLAAD that 349 crisis calls were received between Feb. 16 and 20, nearly 70% mentioning Benedict’s story as one of the reasons for their distress. About 46 calls were from either students or parents of a student at Owasso High School.

Oklahoma was also amongst the top three states who saw the worst of the 600 anti-LGBTQ bills we witnessed last year. This year, the state has already taken the first spot, beating Missouri by a landslide, having introduced 60 anti-trans bills, compared to Missouri’s 40.

The home for the only openly trans state legislator of color, Democratic Rep. Mauree Turner. Rep. Turner is also the only nonbinary state legislator in the nation, having been elected in 2020. On Feb. 19, Rep. Turner held a moment of silence during their ninth legislation day to share Benedict’s story. The following day, they took it to their personal Instagram account to call out why Oklahoma’s participation in anti-LGBTQ legislation is connected to Benedict’s death, and why it is a warning to everyone.

While the bullying of Benedict had gotten worse, the state’s Republican Gov. Kevin Stitt  signed Senate Bill 613 in May last year, banning gender-affirming care for trans youth. Last year, a report by Brian Levin at the Center for the Study of Hate and Extremism found that the increase of discussion regarding LGBTQ rights has had a direct result of anti-LGBTQ hate crimes.

“You cannot request someone “stay alive” and not do everything you can to make sure the outside factors are also changing to keep us alive,” Rep. Turner wrote in their Feb. 20 Instagram post, calling Benedict’s death a part of a larger ‘transgenocide’ against trans people. “That’s bare bones advocacy, that is inclusive policy. That is my political agenda—keep Nex alive.”

Oklahoma State Superintendent of Public Instruction Ryan Walters is the state’s top education official. Walters has close affiliations with major national anti-LGBTQ activist groups The Heritage Foundation and Moms for Liberty.

Last June, the Southern Poverty Law Center officially designated the conservative organization Moms for Liberty as an extremist group, which Walters defined as a “left-winged extremism” and “insidious” in a press release on June 7. “I will never stop fighting for the good people of Oklahoma, especially a patriotic organization like Mom’s for Liberty,” he said in the press release. “I will always defend Oklahoma from the radical left and their obsession with our children.”

Additionally, he appointed an anti-LGBTQ, non-educator and non-Oklahoman Chaya Raichik—most known as Libs of TikTok—to the state agency advisory committee last month. “What we wanted to do was bring in someone who has been a national leader in exposing what’s going on in our schools,” he said in an interview with KOCO5. “She has really shone a spotlight nationally and frankly with a lot of our Oklahoma teachers, as well.”

Benedict aside, some care for young Indigenous queers is on the mend. From mental health services to the right to marry the same gender, movements in favor of LGBTQ members of Indigenous communities is turning a tide at large. Paths (Re)Membered Project at the Northwest Portland Area Indian Health Board (NPAIHB) in Oregon was established recently to provide the Indigenous LGBTQ community free mental health services for those 15 and older.

Last July, the NPAIHB also passed a resolution in favor of gender-affirming medical care for Indigenous queer, trans, nonbinary and two spirit individuals. Given that the organization represents 43 tribes across Idaho, Oregon and Washington, the community saw how significant it was that the resolution was adopted by the board of delegates from tribes across the region.

Additionally gay marriage is still a fight amongst Indigenous communities, with recent forward momentum to be seen. For example, a delegate in the Navajo Nation last year introduced Legislation 0139-23, seeking to repeal a portion of the marriage code wherein the language states that all same-sex marriages are “void and prohibited.”

The future mental wellbeing of Indigenous LGBTQ youth is to be determined, but Indigenous Pride L.A., the only Pride event in Los Angeles that celebrates two-spirit and “Indigiqueer” people took it to X to express their grief over Benedict’s death and their mission moving forward.

“Journey well, relative Nex Benedict. You are with the ancestors now,” they wrote on Feb. 21. “We, who care and look after our youth, will fight nonstop to ensure that ALL children are protected and can thrive in a welcoming environment.”

On Feb. 23, NDN Collective, an Indigenous-led organization dedicated to sustainable solutions on Indigenous terms, also released a statement.

As Director of Advancement Cherry Rangel put it: “trans justice is Indigenous justice.”