OWASSO, Oklv. – The death of a 16 year-old Indigenous high school student from Owasso has made national headlines and sparked discussion surrounding violence against non-binary identifying people. Nex Benedict died on Feb. 8 after being involved in a school fight in a bathroom at Owasso High School the day before. Benedict identified as nonbinary, and used the pronouns they and them. Nonbinary is a gender some individuals identify with who do not identify as male or female.
According to an Owasso police report from Feb. 7, Benedict was involved in a fight at the Owasso High School West Campus. All of the individuals involved were identified as juveniles. The fight was broken up by other students, and a school staff member. After examining each individual involved in the altercation, a registered school nurse determined to not call an ambulance. Benedict would later be examined at the Bailey Medical Center where an Owasso Public School Resource Officer interviewed them.
During the afternoon of the following day, Feb. 8, Owasso Fire Department medics were dispatched to an emergency involving Benedict after they collapsed in their home. They were transported to the St. Francis Pediatric Emergency Room where they were later pronounced dead.
On Feb. 21 a preliminary report from the medical examiner’s office stated that Benedict did not die as a result of trauma. However, medical investigators are still waiting for results from toxicology reports as well as other ancillary tests.
Benedict’s birth name, or their deadname was initially used in official statements from the Benedict family. This would later change when the family realized it was a name that Benedict no longer used while they were alive. In an official statement from Benedict’s grandmother and legal guardian Sue Benedict, she stated that using Nex Benedict’s deadname was a mistake.
In an interview with the Independent, Sue Benedict claimed that Nex Benedict was badly beaten in the fight with three older students, sustaining bruises and scratches on their face.
“We at this time are thankful for the ongoing support and did not expect the love from everyone. We are sorry for not using their name correctly and as parents we were still learning the correct forms. Please do not judge us as Nex was judged, please do not bully us for our ignorance on the subject. Nex gave us that respect and we are sorry in our grief that we overlooked them. I lost my child, the headstone will have the correct name of their choice.” Sue Benedict said in a statement.
In a statement released by the Benedict’s family attorney, it called upon all school, local, state and national officials to determine what happened that led to Nex Benedict’s death, and hold those responsible to ensure that a situation like this never happens again.
Nex Benedict’s Tribal Citizenship Status
Initially it had been reported that Nex Benedict was either a Cherokee citizen or had Cherokee heritage. The Benedict family resides in Owasso, which is located within the Cherokee Nation Reservation. After searching the Cherokee citizenship rolls, Cherokee Nation Principal Chief Chuck Hoskin Jr. confirmed that Benedict was not a citizen of Cherokee Nation. Chief Hoskin released the following statement regarding Benedict’s death stating,
“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. Upon searching our database, we have no indication that Nex was a citizen of the Cherokee Nation. However, Nex was a child living within our reservation and deserved love, support and to be kept safe. As a partner with all law enforcement agencies across the reservation, I have asked the Cherokee Nation Marshal Service to offer its support to the Owasso Police Department in investigating Nex’s case. The facts leading to Nex’s death are not yet fully clear. We should take care to support law enforcement and other authorities as they investigate this matter.”
Sue Benedict was identified as a citizen of Choctaw Nation, but Nex Benedict was not enrolled. However, Nex Benedict did have Choctaw heritage. This was confirmed by Choctaw Nation Governor Gary Batton. In a statement Governor Batton remarked,
“The loss of a child is always difficult for a community and a family to accept. Although Nex does not appear to be affiliated with our tribe, their mother, Sue Benedict, is a registered member. Nex’s death weighs heavily on the hearts of the Choctaw people. We pray Nex’s family and their loved ones will find comfort.”
National Response
The news of Nex Benedict’s death sent shockwaves across the United States, Indian Country and the national LGBTQ+ community. Photos of Nex Benedict went viral on various social media websites with the captions, “Nex Benedict should still be alive” and “Say their name”.
U.S. Vice President Kamala Harris, Oklahoma Governor Kevin Stitt, and Oklahoma State Superintendent Ryan Walters made public statements expressing their condolences to the Benedict family.
The Gay & Lesbian Alliance Against Defamation (GLAAD), the world’s largest lesbian, gay, bisexual, transgender and queer media advocacy organization called for action from government leaders in light of Nex Benedict’s death. The organization also called upon educators and family members to identify and prevent bullying in the classroom. The statement from GLAAD reads,
“The death of Nex Benedict must be fully investigated and accurately reported for the necessary justice the family seeks and for the safety of every LGBTQ student and their peers.The facts are clear: Nex’s death followed a brutal beating in the school bathroom, after reports of bullying at school, after years of harmful and discriminatory policy and legislation that continue to make all students less safe. Every student, teacher and family needs to know that violence and bullying will not be tolerated, and that they can be themselves, be safe and belong in their school and communities.”
OK State Leadership Scrutiny
Many community members and leaders from Oklahoma and from around the nation have brought attention to Oklahoma’s policies regarding nonbinary students. Particularly policies regarding the requirement for students to use the bathroom or locker room that matches the biological sex on their birth certificate. Nex Benedict’s death was particularly shocking to nonbinary advocates because they died just a day after a fight in a bathroom. Nex was using the appropriate facilities based on school policy.
The State of Oklahoma has faced lawsuits within the past few years due to these policies in Fowler v. Stitt, and Poe v. Drummond. The former suit is fighting to allow transgender people to correct the gender marker on their Oklahoma birth certificates, the latter fighting against imposing criminal penalties on healthcare providers who provide age-appropriate medical care for transgender adolescents.
Walters has drawn scrutiny for his outspoken rhetoric on trans issues. In 2023 an Oklahoma school principal who performed as a drag queen resigned after facing scrutiny for his art form. Earlier this year Walters appointed Libs of Tik Tok creator Chaya Raichik to serve on the Oklahoma State Library Advisory Committee. Libs of Tik Tok has drawn controversy due to its method of singling out institutions that feature LGBTQ+ literature through Tik Tok videos. Raichik is located outside of Oklahoma and works in real estate. Some of the institutions singled out in Raichik’s videos have received bomb threats, including Union Public Schools in Tulsa.
In spite of the bomb threats and Nex Benedict’s death, Walters continues to assert his views on the state exclusively recognizing two genders. Walter is currently being sued by Edmond Public Schools in Edmond v. Walters over who has the authority to remove reading materials from public school libraries. The issue with the aforementioned books is whether they contain “pornographic or sexually explicit” content, and whether the Oklahoma State Department of Education can punish districts who do not comply with orders to remove said books.
The Investigation Moving Forward
Investigators are currently interviewing students to get the full picture on what led up to the fight. The Benedict family stated that Nex Benedict had been bullied and attacked for their nonbinary gender identity at school in the past. OPD stated that once they are done taking statements from witnesses, they will then decide if charges will need to be filed to the Tulsa District Attorney’s Office.
Nex Benedict’s funeral service was held Feb. 15. Vigils for the young student’s death were held across Oklahoma in Stillwater, Tahlequah, Bartlesville, and Lawton. Subsequent vigils across the U.S. have been held in Nex Benedict’s memory as well. On Feb. 26 a student walkout was organized outside of Owasso High School to protest the school’s response to bullying.
It was reported that the LGBTQ+ national crisis hotline had seen a significant increase in the numbers of calls from Oklahoma regarding bullying, and distress. In response to the overwhelming increase in calls from Oklahoma, the U.S. Department of Health and Human Services compiled a resource list including links to Native youth mental health support, suicide crisis intervention and bullying prevention. The number for the suicide crisis hotline is 988, callers can specifically request specialized LGBTQ+ counselors.
A GoFundMe page was created on Feb. 9 for the family of Nex Benedict to cover the cost of funeral arrangements. The fundraiser’s initial goal was set at $15,000. As of Feb. 26, the fundraiser has surpassed that number, raising over $149,000. Sue Benedict said she plans to donate most of the money from the campaign to LGBTQ anti-bullying organizations.
“During the afternoon of the following day, Feb. 8, Owasso Fire Department medics were dispatched to an emergency involving Benedict after they collapsed in their home. They were transported to the St. Francis Pediatric Emergency Room where they were later pronounced dead.”
Who else with Nex Benedict collapsed? How many ambulances did the Owasso Fire Department medics dispatch to the home? Did these people die from collapsing in the home? How many people are we talking about here?!