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NOM Facebook, blog hacked

Blog post, Facebook status update, and tweet could indicate change of policy, or a rogue employee

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The initial NOM post appeared around 6:00 a.m. April 11, and was followed by several comments that seemed to confirm the change of course. (Screen shot courtesy Jeremy Hooper)

Around 7:00 a.m. Wednesday morning, several sources reported that both the NOM Facebook page and Twitter account posted strange tweets that seemed to indicate a change of heart, but instead it seems the messages were the result of a lapse in security.

According to the Advocate, Elizabeth Ray of CRC Public Relations, who handles media inquiries for the National Organization for Marriage, confirmed to the Advocate Magazine that NOM’s Facebook, Twitter and blog were indeed hacked and that the group was working this morning to restore its online content, however at this time, they seem to have lost complete control over their Twitter account, @Nomtweets.

It was not clear at first whether or not the National Organization for Marriage actually posted the comment on their Facebook wall that caught the attention of prominent National Organization for Marriage watchdog Jeremy Hooper of the GoodAsYou.org blog. The post was made outside of normal business hours, which immediately raised questions as to its authenticity, but as of 10:00 a.m. the post was still live, showing the extent to which NOM had lost control of their own digital presence.

The Facebook post read “We sincerely apologize to anyone we have banned from this page in the past. That is why anyone who was ever banned for simply exercising their right to free speech is now welcome to once again engage with this page. We vow to work on how we address our opponents in the future.”

“The details of NOM’s overtaken web properties are for the organization, its potential in-house detractors, and its web security team to have out,” Hooper told the Blade Wednesday morning, before the hacking was confirmed.. “Personally, I’m focusing on the fact that I, after several years of being banned for doing nothing more than disagreeing with the NOM view, can participate in a fair and free discourse on the NOM Facebook wall. Everyone, on both sides of this so-called culture war deserves that.”

“If this is a hack and NOM responds by again banning commenters who don’t deserve to be banned? To me, that will be lock-solid proof of the [organization’s] desire to host a monologue, not a conversation,” Hooper concluded.

The Facebook post, which has already generated over one hundred comments, most quite supportive of the move, was joined by a similar Twitter postings.

NOM's Twitter account showed similar activity, indicating an actual change of heart, or a rogue employee. (Screen shot courtesy Jeremy Hooper)

After posting additional tweets that confirmed the errant messages did not originate from the organization’s leadership, the Twitter account seemed to go completely offline. However, before 10:00 a.m. the Twitter account reappeared, wiped completely clean of NOM’s old content, and began tweeting pro-gay messages. Apparently the hackers deleted the account, and an industrious LGBT activist was able to secure control over the username before NOM could regain control.

"We were embarrassed by the truth of our racial wedge strategies being made public." (Screen shot courtesy Jeremy Hooper)

Though NOM is now blaming these actions on an industrious hacker, some have wondered aloud in the blogosphere whether they could be the result of another staff defector. In April 2011, Louis Marinelli, who guided NOM’s social media presence to that point, abruptly turned on the organization and deleted its Twitter and Facebook presence in the process. He later came forward to profess he’d lost faith in the organization and that — after meeting and having real conversations with real same-sex couples — had come to support same-sex marriage.

At just 7:51 a.m. A new post to the NOM blog was pushed live, attributed to Brian Brown, that implied NOM was showing contrition, and making a shift in the tenor of public discourse.

“Friends of marriage,

“In the last couple of weeks you’ve heard some pretty bad things about this organization. I must admit that we were angered when our in house documents were released but we’ve since had time to reflect on the strategies we’ve employed to divide Americans against each other on the issue of marriage. Truth be told, marriage is about bringing people together, not pushing them apart and that’s exactly what this organization has been about over the past few years.

“Aside from that on an unrelated matter, we’ve stifled free speech on our social media online properties. We’re rectifying that this morning by removing the bans on the hundreds and hundreds of our opponents our staff imposed. We want to encourage an open and fair discussion about marriage and that can only happen if we welcome our outspoken opponents back into the dialogue.

“We apologize for our transgressions. We’re turning over a new leaf with constitutional and civil rights as our primary focus going forward. We hope you will stand with us as we turn things around for the better.”

"We've banned so many, we're working on unbanning them all but it is a time-consuming process." (Screen Shot courtesy Jeremy Hooper)

NOM’S blog site was soon replaced with a message reading “down for maintenance” after the uncharacteristic post was discovered. This more clearly indicated the post was the result of a hacker or rogue employee, rather than a change is course, however, whether or not this was a defector or someone from outside of the organization still remains to be seen.

In addition to the Facebook post, the blog posting and the Tweet, the hackers of the Facebook page also left several comments on the original post that seemed to apologize for NOM’s race-baiting strategies discovered in the pages of court documents made public by the Human Rights Campaign last month.

“We were embarrassed by the truth of our racial wedge strategies being made public,” read one comment. “So this is a gesture of our good faith to turn things around.”

Jeremy Hooper's comment. (Screen shot courtesy Jeremy Hooper)

“We’ve banned so many, we’re working on unbanning them all but it is a time-consuming process,” read another post several minutes later.

After his Facebook commenting ability was restored on the NOM fan page, Jeremy Hooper was quick to add to the voices on the post, though he was skeptical that this would be a permanent change.

“I’ve never once left a disrespectful comment, yet have been banned for years now (with screen cap proof of the unreasonable banning),” Hooper wrote. “Nice to be back, however temporary.”

The @NOMtweets Twitter account seems to continue to be in the control of the hackers, and continues to push pro-gay messages. No word as to whether or not NOM has found a new home on Twitter.

Originally published 8:05 a.m. Wednesday, April 11, 2012.

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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