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Holder OKs attorneys general not defending marriage bans

‘I believe we must be suspicious of legal classifications based solely on sexual orientation’

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Eric Holder, United States Department of Justice, gay news, Washington Blade, LGBT Pride
Eric Holder, United States Justice Department, Barack Obama Administration, Lincoln Memorial, the 50th Anniversary of the March on Washington, civil rights, gay news, Washington Blade

U.S. Attorney General Eric Holder said state attorneys general don’t need to defend marriage bans in court (Washington Blade file photo by Michael Key).

U.S. Attorney General Eric Holder told state attorneys general on Tuesday that refusing to defend same-sex marriage bans in court is consistent with the American idea that “all are created equal and entitled to equal opportunity.”

Holder made the remarks as part of his speech at the winter meeting for the National Association of Attorneys General, which this year took place in D.C. at the Ritz Carlton.

The attorney general said he believes state officials can decline to defend marriage bans in court as he maintained decisions not to defend laws “must be exceedingly rare” and not stem from policy disagreements.

“But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation,” Holder said. “And we must endeavor ā€“ in all of our efforts ā€“ to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity.”

Holder’s remarks are consistent with his remarks during an interview published Monday in The New York Times in which he was quoted as saying attorneys generalĀ aren’t obligated to defend laws they believe are discriminatory.

As Holder noted, attorneys general in Pennsylvania, Virginia, Nevada and, most recently, Oregon have determined they cannot defend their state marriage bans in court following the Supreme Court decision against the Defense of Marriage Act. Each of the states that these official represent have continued to enforce the marriage bans as the litigation proceeds through the courts.

Holder said these decisions not to defend the bans against lawsuits seeking marriage equality is along with lines of his decision in February 2011 to no longer defend DOMA in court.

“As Iā€™ve said before, this decision was not taken lightly,” Holder said. “Our actions were motivated by the strong belief that all measures that distinguish among people based on their sexual orientation must be subjected to a heightened standard of scrutiny ā€“ and, therefore, that this measure was unconstitutional discrimination.”

Doug NeJaime, who’s gay and a law professor at University of California, Irvine, said Holder’s declaration amounts to support for attorneys general who don’t wish to defend marriage bans in their states.

“While I anticipate that some state attorneys general will dismiss Holder’s comments as unnecessary meddling in state affairs, I view his remarks as a declaration regarding sexual orientation equality that is consistent with his ā€” and the Administration’s ā€” position on these issues,” NeJaime said. “And given that multiple attorneys general at the state level have now declined to defend their state marriage bans, he is giving them support.”

In recent months, Holder has been a mouthpiece for the Obama administration on the advancement of LGBT rights.

The attorney general delivered the announcement that the federal government would recognize same-sex marriages performed in Utah when they were briefly available in the state. More recently, Holder announced the Justice Department would recognize same-sex marriages for its purposes, which includes the right to decline to testify against a spouse in court and the ability to file jointly file bankruptcy.

“This, after all, is the essential duty to which all of us ā€“ as attorneys general ā€“ have been sworn: not just to win cases, but to see that justice is done,” Holder said. “This is the cause that brings us together in Washington this week ā€“ working to confront the threats and seize the opportunities before us. And this is the extraordinary task with which the American people have entrusted the leaders in this room ā€“ and the challenge that all justice professionals are called to address: not merely to use our legal system to settle disputes and punish those who have done wrong, but to answer the kinds of fundamental questions ā€“ about fairness and equality ā€“ that have always determined who we are and who we aspire to be, both as a nation and as a people.”

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Federal Government

Trump-Vance administration removes LGBTQ, HIV resources from government websites

President took similar action shortly after his first inauguration in 2017

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has “eliminated nearly all LGBTQ and HIV focused content and resources” from WhiteHouse.gov and “key federal agency” websites, GLAAD announced in a press release Tuesday.

Prior to President Donald Trump’s inauguration on Monday, GLAAD had catalogued more than 50 links to LGBTQ- and HIV-related content on White House web pages and on websites for the State Department and the Departments of Education, Justice, Defense, Health and Human Services, and Labor, along with other agencies like the U.S. Equal Employment Opportunity Commission.

As of Tuesday, GLAAD specifically found that terms like ā€œlesbian,ā€ ā€œbisexual,ā€ ā€œgay,ā€ ā€œtransgender,ā€ ā€œsexual orientation,ā€ ā€œgender identity,ā€ and “LGBTQ” are “no longer accessible on WhiteHouse.gov,” while “some LGBTQ-specific pages have been taken down from sites for the Centers for Disease Control, Department of State, and more.”

Among the pages that are no longer accessible on WhiteHouse.gov are anĀ equity reportĀ Ā from July 2021, aĀ fact sheet with information on expanding access to HIV prevention and treatment from March 2024, and information about Pride Month.

Among the entries on federal agency websites that are no longer available are 94 entries for “LGBT Rights” that were once published on the State Department’s site and dozens of links to information and resources on “LGBTQI+ Policy” that were once available on the Department of Labor website.

ā€œPresident Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face,” GLAAD President Sarah Kate Ellis said. “Todayā€™s action proves the Trump administrationā€™s goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency.”

Ellis added, “Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.ā€

Shortly after Trump’s first presidential inauguration in 2017, the Trump-Pence administration scrubbed the White House and federal government websites of LGBTQ and HIV related content, provoking backlash from LGBTQ advocates.

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Ghana

Ghanaā€™s president says anti-LGBTQ bill ā€˜effectively is deadā€™

Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill passed in 2024

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Ghanaian President John Mahama (Photo via John Mahama's official Instagram account)

Advocacy groups in Ghana have welcomed the demise of a bill that would have further criminalized LGBTQ people and outlawed allyship.

President John Mahama on Jan. 14 said the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that MP Sam George of Ningo-Prampram co-sponsored in 2021 was essentially dead. Mahama made the remarks to a delegation of bishops from the Ghana Catholic Bishopā€™s Conference.

“If we are teaching our values in schools, we wouldnā€™t need to pass a bill to enforce family values,ā€ said Mahama. ā€œMore than just passing the Family Values Bill, we need to agree on a curriculum that instills these values in our children as they grow.ā€

The president also said that although MPs passed the bill last February, parliament dissolved before former President Nana Akufo-Ado, whose term ended earlier this month, signed it.

“I donā€™t know what the promoters of the bill intend to do, but I think we should have a conversation about it again,ā€ said Mahama. ā€œAs far as I know, the bill did not get to the president. So, the convention is that all bills that are not assented to law before the expiration of the life of parliament, expire. So that bill effectively is dead.ā€

LGBT+ Rights Ghana Communications Director Berinyuy Burinyuy said the president’s remarks offer a glimmer of hope for LGBTQ Ghanaians who have long been subjected to systemic discrimination, fear, and violence.

“For many, the mere suggestion that LGBT+ issues could be addressed through education rather than criminalization represents a significant departure from the traditional legislative path championed by the billā€™s proponents,ā€ said Burinyuy. ā€œThis shift implies a possible opening for dialogue and a more inclusive approach, one that recognizes the need for respect and understanding of diverse sexual identities within Ghanaian society.”

Burinyuy, however, asked about how family values will be incorporated into the educational curriculum.

“Will the curriculum provide a comprehensive, nuanced understanding of human sexuality that respects diversity, or will it risk reinforcing discriminatory attitudes under the guise of cultural preservation?ā€ said Burinyuy. ā€œThe fear, particularly among LGBT+ activists is that the emphasis on education could inadvertently foster homophobia in Ghanaian children. If the content is not carefully structured, it could perpetuate harmful stereotypes and deepen existing prejudices.ā€

“While Mahama may not yet be fully committing to a clear policy direction, his statement leaves open the possibility of a more balanced approach, one that allows for a national conversation on sexual rights without rushing into divisive legislation,ā€ added Burinyuy.

We Are All Ghana said Mahamaā€™s comments are a welcomed approach in addressing anti-LGBTQ sentiments and negative stereotyping.

“We need a holistic educational curriculum for our schools,ā€ said We Are All Ghana. ā€œThe children at least deserve to know the truth. There is nothing worse than half baked information.ā€

Yaw Mensah, an LGBTQ activist, said Mahama is teaching Ghanaians to be tolerant of everyone, regardless of their sexual orientation.

“Mahama is indirectly saying LGBT persons are not Ghanaā€™s problems. Letā€™s teach families values that accept and respect everyone. Ghanaian values should be tolerance, respect, honesty, hardworking, hospitality, and integrity,ā€ said Mensah. ā€œThose need to be taught and not the hate, discrimination, barbarism, greediness, and hypocrisy that we are seeing in many leaders which transcends into the young ones.”

George has yet to comment on Mensahā€™s comments about his bill.

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National

Metaā€™s policy changes ā€˜putting us back in the dark agesā€™

Expert says rolling back hate speech protections threatens queer youth

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Mark Zuckerberg, co-founder and CEO of Meta (Screen capture via Bloomberg Television/YouTube)

LGBTQ advocates have expressed alarm in recent weeks, as Meta has taken steps to undermine protections for queer youth and apparently worked to appease the incoming conservative administration in Washington.

Meta, theĀ parent companyĀ of popular social media and messaging companies Facebook, Instagram, and WhatsApp, is owned by Mark Zuckerberg, who wasĀ once consideredĀ to be an ally of the LGBTQ community.

Two weeks ago, theĀ internetĀ wasĀ afireĀ withĀ discussion of Liv, the now-deleted Instagram profile of a ā€œproud black Queer momma of 2ā€ AI made by Meta as part ofĀ its AI user dreams.Ā 

Then, last week, independent tech journalist Taylor Lorenz revealed that Instagram had beenĀ blocking teensĀ from searching LGBTQ-related content for months.Ā 

This comes as no surprise to Celia Fisher, a professor of Psychology and the Marie Ward Doty University Chair in Ethics at Fordham University who has spent her career studying children and adolescent health, especially for marginalized groups like the LGBTQ community.

When speaking to theĀ Washington BladeĀ in November 2024 onĀ TikTok, Fisher remarked that it was increasingly difficult to research the Meta platforms. Fisher and her team have used advertisements on social media to recruit youth for anonymous surveys for studies. ā€œOne of the advantages of social media is that you can reach a national audience,ā€ she says.

The advertisements are specifically linked to keywords and popular celebrities to reach LGBTQ populations of youth.  When she spoke to the Bladeagain this week, she was not surprised to hear that keywords were being blocked from youth. ā€œNow, there is a major barrier to being able to recruit when you are doing online studies.ā€

It makes her researchā€”which has looked at the mental health of youth online, HIV prevention strategies, and COVID vaccine barriersā€”impossible. ā€œIf Meta prevents researchers from using the platform, then the research canā€™t be done,ā€ she said. 

The search blocks are not just a threat to the research, they are a threat to youth. ā€œHiding those terms from youth means they canā€™t see that there is a community out there. Thatā€™s a tremendous loss, especially for transgender youth,ā€ said Fisher.

Fisher suspects where the restrictions are coming from, not that Zuckerberg has been particularly opaque asĀ he cozies upĀ to the new administration. ā€œI think thereā€™s been a creeping fear on the part of companies not to do anything that might elicit the ire of more conservative politicians,ā€ she said.

A Meta spokesperson toldĀ LorenzĀ that the restriction was a mistake. ā€œItā€™s important to us that all communities feel safe and welcome on Meta apps, and we do not consider LGBTQ+ terms to be sensitive under our policies,ā€ said the spokesperson.

Meta backtracked immediately; the next day the companyĀ removed longstandingĀ anti-LGBTQ hate speech policies.

ZuckerbergĀ announcedĀ large changes to the platform via video in which he sported aĀ $900,000 watch. (More thanĀ 1 in 5Ā LGBTQ adults are living in poverty. More thanĀ 1 in 3Ā transgender adults are living in poverty.)

The changes, which eliminate independent fact-checking for a system similar to Xā€™s ā€œcommunity notes,ā€ have been highly critiqued byĀ journalistsĀ andĀ fact-checking organizations. Many experts see it as aĀ ā€œbowā€Ā to Trump.

Zuckerberg also noted that the platform would ā€œremove restrictions on topics like immigration and gender that are out of touch with mainstream discourse.ā€ HeĀ directly linkedĀ the changes to the recent election.Ā 

Those changes happened quickly. That same day GLAAD, an LGBTQ media monitoringĀ non-profit, reported the changes to the hateful conduct policies. Changes include allowances for calling LGBTQ people mentally ill and the removal of prohibitions against the dehumanization of protected groups, among many. Notably, Metaā€™s guidelines include theĀ right-wing transphobic dog whistle ā€œtransgenderism.ā€Ā 

On Jan. 9, reporting fromĀ The Intercept andĀ Platformer on internal training documents revealed the use of even more slurs. TheĀ t-slurĀ against transgender people is now allowed on the sites with no restrictions. Phrases likeā€”and this is a quoted exampleā€”ā€A trans person isnā€™t a he or she, itā€™s an itā€ are allowed on the sites with no restrictions.

Notably, the training manuals differentiate between different members of the LGBTQ community. For example, The Intercept found that the phrase ā€œLesbians are so stupidā€ would be prohibited while ā€œtrans people are mentally illā€ would not be.

(These training manuals also include permissive use of racist and dehumanizing language for other marginalized groups.)

And then, as a cherry on top, Meta removedĀ DEI programsĀ andĀ deletedĀ the transgender and non-binary Messenger themes, on Jan. 10.

These changes are undeniably bad. Arturo BĆ©jar, a former engineering director at Meta with expertise in online harassment, told theĀ Associated Press,Ā heĀ is horrified by the changes.

ā€œI shudder to think what these changes will mean for our youth, Meta is abdicating their responsibility to safety, and we wonā€™t know the impact of these changes because Meta refuses to be transparent about the harms teenagers experience, and they go to extraordinary lengths to dilute or stop legislation that could help,ā€ he said. 

Fisher, who has researched the effects of hate speech online on LGBTQ youthsā€™ mental health, agrees that the results will be devastating. ā€œWe had many people who said they observed transgender harassment for others or were actually attacked themselves,ā€ said Fisher. ā€œThis prevents people from wanting to come out online and to actually engage in those kinds of online communities that might be helpful to them.ā€

What is happening also confirms LGBTQ youthsā€™ worst fears. ā€œWeā€™ve found that a major concern is that there would be an increased violation of civil rights and increased violence against LGBTQ individuals,ā€ she said.

Fisher, a psychologist, sees this as ā€œputting us back into the dark ages of psychiatry and psychology when LGBTQ individuals were seen as having some kind of a mental health problem or disorder.ā€

Fisher emphasized: ā€œThis kind of misinformation about mental illness is certainly going to be putting transgender people, especially at even greater risk than they were before.ā€

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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