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206 companies urge Supreme Court to rule Title VII covers LGBT workers

Arguments for case set for Oct. 8

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206 companies are urging the Supreme Court to find Title VII covers gay workers.

A total of 206 companies have signed onto a legal brief urging the U.S. Supreme Court to find Title VII of the Civil Rights Act bars discrimination against LGBT people in the workforce.

The friend-of-the-court brief ā€” organized by the Human Rights Campaign, Lambda Legal, Out & Equal, Out Leadership and Freedom for All Americans ā€” is signed by the nation’s top businesses and argues anti-LGBT discrimination is a form of sex discrimination, thus illegal under the Title VII.

Among the signers are food companies like Domino’s Pizza and Coca-Cola Company, tech companies like Facebook and Mozilla Corp., and defense contractors like Northrup Grumman Corp.

“Even where companies voluntarily implement policies to prohibit sexual orientation or gender identity discrimination, such policies are not a substitute for the force of law,” the brief says. “Nor is the patchwork of incomplete state or local laws sufficient protection ā€”for example, they cannot account for the cross-state mobility requirements of the modern workforce. Only a uniform federal rule can enable businesses to recruit and retain, and employees to perform, at their highest levels.”

According to the Human Rights Campaign, the brief has more corporate signers than any previous business brief in an LGBT non-discrimination case.

The brief was written by Quinn Emanuel Urquhart & Sullivan, LLP, a Los Angeles-based law firm that also represents the signers in the case along with Robinson Curley P.C. and Taylor & Cohen LLP.

Erin Uritus, CEO of Out & Equal Workplace Advocates, said in a statement the brief “exposes the lie that affirming Civil Rights protections for LGBTQ Americans is somehow anti-business.”

ā€œThe opposite is true,” Uritus said. “Equality is good for businesses and employees. And consumers — who are increasingly savvy and intentional about their spending power — are demanding equality. I’m inspired by all of the leaders who have joined with us today in submitting this brief. The Civil Rights Act needs to be affirmed in a way that serves and protects all Americans.ā€

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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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State Department

Trump executive order bans passports with ā€˜Xā€™ gender markers

President signed directive hours after he took office

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A sweeping executive order that President Donald Trump issued on Monday bans the State Department from issuing passports with ā€œXā€ gender markers.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

ā€œThe secretaries of State and Homeland Security, and the director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holderā€™s sex,ā€ reads Trumpā€™s executive order.

The gender marker is among the provisions contained within Trumpā€™s executive order titled ā€œDefending women from gender ideology extremism and restoring biological truth to the federal government.ā€ Trump in his inaugural speech said the federal governmentā€™s ā€œofficial policyā€ is ā€œthere are only two genders, male and female.ā€

The Washington Blade will have additional reporting on Trumpā€™s executive orders and their impact on the LGBTQ community.

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State Department

Senate confirms Marco Rubio as next secretary of state

Fla. Republican will succeed Antony Blinken

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The U.S. Senate on Monday confirmed U.S. Sen. Marco Rubio (R-Fla.) to become the next secretary of state.

The vote took place hours after President Donald Trump’s inauguration. The Senate Foreign Relations Committee on Monday advanced Rubio’s nomination before senators approved it by a 99-0 vote margin.

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

Rubio in 2022 defended Floridaā€™s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

Rubio during his Jan. 15 confirmation hearing did not speak about LGBTQ rights.

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