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OnlyFans reverses decision to ban sexually explicit content

LGBTQ performers part of backlash against restricting porn

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The London-based website known as OnlyFans, which has at least 130 million users and more than 2 million people who create and sell content on the site, including sexually explicit performances, announced on Wednesday that it has reversed a decision made less than two weeks earlier to ban sexually explicit content on its site beginning in October.

The reversal came after a groundswell of opposition to the proposed ban surfaced from its performers and customers, many of whom are members of the LGBTQ community who, like their straight counterparts, used the site to generate income over the past year and a half during the COVID pandemic.

OnlyFans stated at the time it announced on Aug. 19 its earlier plan to ban sexually explicit content that it did so in response to concerns raised by banks and credit card companies that in recent years have threatened to stop processing payments to adult websites.

ā€œThank you to everyone for making your voices heard,ā€ OnlyFans said in a statement released on Wednesday, Aug. 25.

ā€œWe have secured assurances necessary to support our diverse creator community and have suspended the planned October 1 policy change,ā€ the statement says. ā€œOnlyFans stands for inclusion, and we will continue to provide a home for all creators.ā€

When asked by CNN whether OnlyFansā€™ use of the word ā€œsuspensionā€ to halt its planned ban on sexually explicit content means that it could reinstate the ban at a later date if credit card companies continue to raise objections, OnlyFans replied by stating, ā€œThe proposed October 1, 2021, changes are no longer required due to banking partnersā€™ assurance that OnlyFans can support all genres of creators.ā€

An official with the Free Speech Coalition, which serves as an adult industry trade association, told the Washington Blade a policy by OnlyFans to ban sexually explicit content from its site would have an especially harsh impact on the most vulnerable groups, including LGBTQ people, that rely on the site and other similar sites to earn a living through sex work.

Mike Stabile, the Los Angeles-based Free Speech Coalitionā€™s director of public affairs, said sites like OnlyFans have enabled sex workers to generate a substantial income by performing from their homes rather than working on the streets, in providing content to ā€œfansā€ or customers who pay them directly to view their performances.

ā€œThese platforms have enabled them not just to survive but build equity and thrive,ā€ Stabile said.
In an Aug. 19 statement, Free Speech Coalition said OnlyFans and other sites providing adult content have been targeted over the past two years by conservative religious groups and churches that the coalition says have falsely attempted to link adult websites to sex trafficking of children.

Stabile told the Blade that adult sites have longstanding safeguards in place that prevent sex traffickers from placing content on their sites. He said during the past two years in which the controversial federal law passed by Congress to hold adult sites liable for sex trafficking, known as SESTA-FOSTA, has been in effect, the law has rarely been used to prosecute sex traffickers and has yet to be used to shut down any of the sites used by consenting adults.

He noted that prior to the time SESTA-FOSTA took effect, prosecutors used existing statutes to shut down Backpage, an adult site widely used by sex workers to interact with customers on grounds that the site allegedly allowed sex traffickers to use the site.

Around that same time, Craigslist on its own removed all ā€œpersonalā€ classified ads from its site, saying it could not risk being held liable for allegations of sex traffickers using its personal ads under the SESTA-FOSTA law, even though Craigslist prohibited its site from being used for sex trafficking or any nonconsensual practices.

While no credible evidence has emerged that adult sites are in any way allowing sex traffickers to use those sites, Free Speech Coalition has said conservative religious groups that oppose all sex work and want to ban all pornography on the Internet have begun to put pressure on banks and credit card companies to stop servicing the adult sites.

Stabile points out that studies have shown that far more sex traffickers have succeeded in slipping through safeguards to prevent them from posting on sites with Facebook and Twitter than with the adult sites. No online platforms can be 100 percent effective in preventing a few traffickers from getting on their sites, Stabile said, but the anti-trafficking groups hold the adult sites to a greater degree of blame than mainline sites like Facebook.

The adult sites have stated repeatedly they will cooperate with law enforcement officials to identity and help prosecute sex traffickers who target underage people.

ā€œBanks and credit card companies are risk-averse institutions, easily scared by potential bad publicity,ā€ Free Speech Coalition says in its Aug. 19 statement. ā€œReligious groups know this and have made no secret of targeting them in their quest to eliminate sex workers altogether,ā€ the statement says.

ā€œIn doing so, companies like Mastercard have become enablers of these anti-porn, anti-LGBTQ, misogynist groups,ā€ the statement continues. ā€œCompanies like Mastercard are now accomplices in the disenfranchisement of millions of sex workers, complicit in pushing workers away from independence into potentially more dangerous and exploitative conditions.ā€

A Mastercard spokesperson told CNN earlier this week that it was not involved in OnlyFansā€™ initial decision to ban or restrict sexually explicit content from its site.

ā€œItā€™s a decision they came to themselves,ā€ spokesperson Seth Eisen told CNN.

But Free Speech Coalition and other adult industry advocates point to a Mastercard policy announced in April that requires adult sites to put in place strict safeguards to prevent ā€œillegal contentā€ from being uploaded on their sites. Stabile noted that the new policy comes shortly after Mastercard and other credit card companies stopped servicing Pornhub, the largest of the adult sites after allegations surfaced that sex traffickers were using that site.

These developments have had a chilling effect on the adult sites and sex workers who rely on them to support themselves financially, adult industry advocates have said.

Cyndee Clay, executive director of the D.C. sex worker advocacy group HIPS, which provides support for local gay and trans sex workers, said the OnlyFans decision to ban sexually explicit content from its site, if left in place, would have an especially harmful impact on D.C. sex workers.

ā€œThe OnlyFans announcement comes as yet another devastating blow to sex workersā€™ ability to work and care for themselves and their families in an industry already full of stress and hardship during the pandemic,ā€ Clay told the Blade before OnlyFans reversed its decision.

ā€œUnder the threat of SESTA/FOSTA and when platforms like Backpage went down, HIPS saw a 100 percent increase in street-based sex work, because folks turned back to the streets to survive when safer, more autonomous online options were taken away,ā€ Clay said. ā€œWe havenā€™t outlawed all house cleaning services because of a few documented instances of forced domestic trafficking,ā€ she said.

Clay, like officials with the Free Speech Coalition, pointed out that OnlyFans, which launched its site in 2016, became a multimillion-dollar operation through the income it generated by sex workers and their online customers who used the site far more than any other ā€œfansā€ or content creators.

When it announced its decision to ban or restrict sexually explicit content from its site, OnlyFans said the decision was based in part on concerns raised by banks and credit card companies as well as on its efforts to secure funding from investors who are reluctant to be associated with companies that provide sexually explicit material.

ā€œIn order to ensure long-term sustainability of the platform, we must evolve our content guidelines,ā€ OnlyFans said in a statement last week.

ā€œSites like OnlyFans provided a safer online option for many sex workers during the pandemic,ā€ said HIPS director Clay before OnlyFans reversed its earlier decision. ā€œOnlyFans was a harm reduction alternative for sex workers who were trying to be safe by avoiding personal contact, working in clubs, or working the streets,ā€ she said. ā€œItā€™s immoral that we are now punishing sex workers for these efforts by taking away this platform.ā€

Matt Lownik, an OnlyFans performer who lives in London, contacted the Blade to express his concern about the OnlyFans initial decision to ban sexually explicit content before the company reversed the policy change.

Lownik said he currently has 144,000 followers on OnlyFans, one of its rival sites called JustForFans, and on a Twitter account.

ā€œThere are performers all across the world who use OnlyFans, and a huge number across the U.S.,ā€ he said. ā€œIā€™ve met several performers who live in or near D.C., but I would say the majority that Iā€™ve met are from New York or Los Angeles,ā€ he told the Blade.

He said the fees that performers charge for their subscribers vary widely, but most charge approximately $10 to $15 per month, with many performers having dozens or hundreds of subscribers. He said OnlyFans takes a cut of 20 percent of its performersā€™ earnings.

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National

Colleagues, politicos mourn death of Los Angeles Blade publisher

ā€˜A trailblazing journalist, publisher, and tireless advocateā€™

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Los Angeles Blade Publisher Troy Masters. (Washington Blade file photo by Vanessa Pham)

Troy Masters, publisher of the Los Angeles Blade, died on Wednesday Dec. 11, according to a family member. He was 63. The LA County Coroner said the cause of death was suicide.

Masters was a well-respected and award-winning journalist and publisher with decades of experience, mostly in LGBTQ media. In 2017, he became the founding publisher of the Los Angeles Blade, a sister publication of the Washington Blade.

Praise for Mastersā€™s work and dedication to LGBTQ equality and journalism poured in throughout the day.

Equality California released the following statement from Executive Director Tony Hoang: ā€œWe at Equality California are heartbroken by the unexpected passing of Troy Masters, a trailblazing journalist, publisher, and tireless advocate for the LGBTQ+ community. Troyā€™s remarkable career spanned decades, during which he used his voice and platform to amplify the stories of our community and champion the fight for equality.

ā€œHis passion for storytelling and relentless pursuit of social justice left an indelible mark on the fight for LGBTQ+ rights. Over many years, Equality California and the Los Angeles Blade have worked hand in hand to ensure LGBTQ+ stories are accurately represented and shared within the Los Angeles community and throughout California. 

ā€œOur thoughts are with his family, friends, and the Los Angeles Blade and Washington Blade teams during this difficult time. We stand in solidarity with them as we honor Troyā€™s life, legacy, and unwavering dedication to our community. His passing is a profound loss, and he will be deeply missed.

ā€œRest in power, Troy. Your work will forever live on in the hearts and lives of those you fought so fiercely for.ā€

California state Assemblymember Rick Chavez Zbur, (D-Los Angeles) said in a statement: ā€œI am terribly saddened to hear of the passing of Troy Masters, a pillar in the LGBTQ+ community. In his many roles, he has covered life in our community and the challenges of our fight for civil rights and social justice.ā€

L.A. County Supervisor Lindsey Horvath, in a statement on X, said she would miss Mastersā€™s humor, wit and huge heart and praised his journalistic pursuits and dedication to uplifting the LGBTQ+ community.

Journalist and Blade contributor Jasmyne Cannick also praised Masters, describing him as a mentor.

ā€œThrough the years, he was supportive of my work, giving me space and a voice as a columnist and reporter for the Blade newspapers when it mattered most,ā€ she said in on X. ā€œTroy understood the importance of covering the Black LGBTQ+ community and made it a point to ask me what stories they needed to be telling.ā€

Michael Yamashita, publisher of the Bay Area Reporter, in a statement said, ā€œI have known Troy as a fellow publisher and friend for over 20 years. He was smart and accomplished. More than a few times, he started gay publications ā€” in New York City and Los Angeles. I will miss working with him.ā€

Dana Piccoli, managing director of News Is Out, a queer media collaborative, wrote: ā€œTroy was a fierce advocate for the LGBTQ+ community and pioneer in queer media. We were lucky to work with him as a member of News Is Out and will forever be grateful for the barriers he broke down for the queer community. Our hearts are with our colleagues at the Los Angeles Blade and the Washington Blade.ā€

ā€œIt has been a tough day for all of us at the Blade,ā€ said Washington Blade editor Kevin Naff. ā€œTroyā€™s love of queer media and the city of Los Angeles is well known and he will be missed by so many. In his spirit, we will carry on with our mission and we are planning a celebration of his life in the coming months.ā€

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Montana

Montana Supreme Court blocks ban on healthcare for trans youth

ā€˜Todayā€™s ruling permits our clients to breathe a sigh of reliefā€™

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The Montana Supreme Court on Wednesday ruled that SB 99, a 2023 Montana law that bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana Constitutionā€™s privacy clause, which prohibits government intrusion into private medical decisions. This ruling will allow Montana communities and families to continue accessing medical treatments for transgender minors with gender dysphoria, the ACLU announced in a statement.

 ā€œI will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,ā€ Phoebe Cross, a 17-year-old transgender boy told the ACLU. ā€œJust living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.ā€

ā€œFortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,ā€ said Lambda Legal Counsel Kell Olson. ā€œBecause Montanaā€™s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.ā€

ā€œWe are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,ā€ said Malita Picasso, Staff Attorney for the ACLUā€™s LGBTQ & HIV Project. ā€œEvery day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.ā€

ā€œTodayā€™s ruling permits our clients to breathe a sigh of relief,ā€ said Akilah Deernose, Executive Director of the ACLU of Montana. ā€œBut the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.ā€

The Court found that the Plaintiffs were likely to succeed on the merits of their privacy claim, holding: ā€œThe Legislature did not make gender-affirming care unlawful. Nor did it make the treatments unlawful for all minors. Instead, it restricted a broad swath of medical treatments only when sought for a particular purpose. The record indicates that Provider Plaintiffs, or other medical professionals providing gender-affirming care, are recognized as competent in the medical community to provide that care.[T]he law puts governmental regulation in the mix of an individualā€™s fundamental right ā€˜to make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.ā€™

Two justices filed a concurrence arguing that the Court should also clarify that discrimination on the basis of transgender status is a form of sex discrimination prohibited by Montanaā€™s Equal Protection Clause, the ACLU reported.

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U.S. Supreme Court

Expert challenges prevailing analysis that SCOTUS will uphold trans healthcare ban

NCLR’s Shannon Minter more optimistic about U.S. v. Skrmetti

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NCLR Legal Director Shannon Minter (Washington Blade file photo by Michael Key)

Less than a week after oral arguments were concluded in the landmark U.S. v. Skrmetti case, most pundits and legal experts seem to agree the U.S. Supreme Court is poised to uphold Tennessee’s law banning gender affirming health treatments for minors.

Shannon Minter, however, is not convinced.

In fact, as the legal director for the National Center for Lesbian Rights told the Blade during an interview on Tuesday, “neither I nor the lawyers I know who are following and have litigated these cases” buy into the “negative” analysis published by many mainstream press outlets after the parties addressed the justices at One First Street on Dec. 4.

“I was totally surprised,” Minter said, and “really disappointed,” in coverage of the oral arguments that appeared in places like SCOTUSblog, where Amy Howe wrote that “nearly all of the courtā€™s conservative majority expressed skepticism about a challenge to Tennesseeā€™s ban on puberty blockers and hormone therapy for transgender teenagers.”

The article was hardly an outlier. The New York Times reported it was “probable” that “there were at least five votes for rejecting the equal protection challenge to the law,” while Slate’s Mark Joseph Stern explained that Skrmetti will determine whether “constitutional limits on sex discrimination” can “survive this 6-3 conservative supermajority” and then concluded that “after two and a half hours of arguments, it appears the answer will be no.”

Conservative justices not in lockstep

From the interpretation of key exchanges between the justices and the parties last week to assessments of whether and to what extent certain conservatives might be inclined to join their liberal colleagues in this case and expectations for how precedent-setting decisions could shape its outcome, Minter offered a variety of reasons for why he is skeptical of the reasoning that undergirds much of the mainstream opinion on where the court is likely to land when a decision in Skrmetti is published, as expected, in June 2025.

Asked why his take on Wednesday’s oral arguments diverged so significantly from those offered by many reporters and legal analysts, Minter suggested that conservative Justice Samuel Alito might be responsible to some extent for “the negative perception [reflected] in the mainstream press” because he was “unremittingly negative and spoke a lot” and “took up most of the space.”

Last week aside, given his well established, deeply conservative ideological bent and record of skepticism toward LGBTQ rights, one might reasonably expect Alito to issue a decision that would uphold Tennessee’s trans healthcare ban. Likewise with respect to Justice Clarence Thomas who, compared to Alito, is hardly less conservative or more solicitous of opportunities to expand the LGBTQ community’s rights and freedoms.

Minter characterized both justices’ engagement with the Skrmetti litigants as “negative,” adding that another conservative on the bench, Brett Kavanaugh, was occasionally prickly but otherwise seemed eager to understand the nuances of the case and address questions like whether or how “a ruling in favor of the plaintiffs, here” might “predetermine what we would have to do in a sports case.”

By contrast, it is difficult to predict where the other conservatives on the high court might land on legal questions central to the case. Neil Gorsuch, for instance, was difficult to read even before he declined to ask a single question or otherwise speak when the court heard oral arguments last week.

Minter noted that “less than four years ago when the court issued its decision in Bostock v. Clayton County, it was Gorsuch whose majority opinion, cosigned by the conservative Chief Justice John Roberts and their liberal colleagues, recognized “that discrimination because a person is transgender is inherently based on sex, that it is a type of sex discrimination.”

“So the issue here” in the Skrmetti case “looks awfully similar,” Minter said, because the core legal questions concern the constitutionality of “a statute that targets transgender people” and confronts the court with the question of “whether or not [the law] discriminates based on sex.”

Acknowledging that one should not read too deeply into Gorsuch’s decision to play his hand “extremely close to the vest” during oral arguments, Minter said, “I would like to think that if he had a significant change of view” since authoring the court’s landmark opinion on anti-trans discrimination in 2020, the justice would have “wanted to ask some questions to explore that.”

For these reasons, “just from the very outset,” one might reasonably expect or at least “be hopeful that Justice Gorsuch will continue to [treat] these issues the same way that he did in Bostock,” Minter said.

He added that Roberts, likewise, was careful last week not to indicate which direction he was leaning and instead asked both parties to address concise but challenging questions. While Minter conceded that “It’s hard to draw any definitive conclusion,” he said the chief justice’s performance offered little reason to suspect that he has “shifted his fundamental understanding of these issues from one case to another.”

In a more “encouraging” showing last week, the court’s sixth conservative justice, Amy Coney Barrett, appeared to be “taking these issues very seriously” and “very genuinely grappling with whether or not this is a sex based law, and even with whether discrimination against transgender people, which is considered in its own right, [should] be subject to some sort of heightened scrutiny,” Minter said.

Another major reason for optimism, Minter said, was the “very belabored” discussion of Bostock on Wednesday that was kicked off by the court’s interest in revisiting recent caselaw and the petitioners’ masterful application of relevant precedent to legal questions at issue in Skrmetti.

Elizabeth Prelogar, the Biden-Harris administration’s U.S. solicitor general who represents the federal government and argues alongside the petitioners, did “such a beautiful job of saying that the analysis of Bostock itself was not new,” but rather “drew upon preexisting equal protection case law,” Minter said.

Importantly, he said Prelogar was careful to delineate how both the statutory proscriptions against workplace discrimination ordained by Title VII of the Civil Rights Act of 1964 and the rights guaranteed by the Equal Protection Clause of the 14th Amendment “rely on something called but-for causation, where all you have to show is that sex, in this case, was a but-for cause of the discrimination ā€” meaning it doesn’t have to be the only cause; there can be other factors at play, but as long as it is a cause, it’s discrimination.”

“The reason Bostock was a surprise is just that, sadly, we’re so accustomed to the law not being applied equally or fairly to transgender people,” said Minter, who credited Gorsuch for applying “the law and the preexisting analysis honestly and fairly to transgender people” and deciding, “correctly,” that “there’s just no way to apply this framework that we’ve always applied and not come to the conclusion that this is sex discrimination.”

After the 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned decades-old abortion protections that were first established with Roe v. Wade in 1973, critics argued the conservative justices had cavalierly abandoned the principle of stare decisis, which holds that courts should abide or defer to previous precedent-setting decisions, where possible, especially in landmark decisions that govern how people live their lives.

Asked whether the Supreme Court might be less inclined to overturn decisions like Bostock that were issued more recently and authored by the justices who currently serve on the bench, Minter said “absolutely,” adding that it would be “extraordinary for them to not follow the analysis and reasoning in a decision they decided so recently.”

The stare decisis issue provides more reason for optimism about Skrmetti, Minter said. Overturning important precedent is “unsettling to the stability of the law and to the status and stature of the court,” and “it helps that Bostock was a 6-3 decision” rather than a narrower, more contentious case settled by a 5-4 majority.

The future of gender-affirming care

The path by which U.S. v. Skrmetti reached the highest court in the land is a case study of the devastating consequences, the second and third-order effects, of scapegoating a vulnerable community with a moral panic that is allowed to fester thanks to fear and bigotry.

After several years in which state legislatures collectively introduced hundreds of bills targeting the rights of trans young people and their families, including access to healthcare, the Movement Advancement Project reports that 37 percent of transgender youth (ages 13-17) now live in places that legally prohibit them from accessing best practice medication and surgical care, with dozens of states enforcing these bans.

Among them, of course, is Tennessee, where a complaint was filed last year and fast-tracked through the federal courts such that now, justices on the Supreme Court are debating whether unelected judges or democratically elected lawmakers should adjudicate complex questions that advocates (for queer and trans communities, for civil liberties, for healthcare providers) believe are best addressed by patients and families or caregivers in close coordination with trained specialists who operate under evidence-based guidelines for clinical practice.

Apart from litigation before the high court, another development that signals the appetite and the political will for bringing anti-trans policies and politics from statehouses to the national stage was the massive spend on anti-trans advertising to support Trump and other Republican campaigns during the 2024 election cycle, which Minter noted was “very painful and distressing” for trans people and their families.

After Nov. 5, debates about whether and the extent to which the GOP’s anti-trans messaging strategy may have delivered electoral victories for the president-elect, or for the congressional Republicans who maintained control of the U.S. House and reclaimed their majority in the U.S. Senate, have given way to concerns about the escalation of transphobic hate speech and the legislative and legal attacks against the community that began to ramp up well before the incoming Trump-Vance administration will be seated with the 119th Congress next month.

At this juncture, Minter said that trans young people and their families must wait to see not only how the Supreme Court decides U.S. v. Skrmetti and what the corresponding implications might be in terms of their access to healthcare, but also whether and how and how aggressively the attacks against them will take shape in January and beyond.

In the meantime, “there are some basic things people can do to protect themselves,” Minter said. For example, “this would be a good time to get your identity documents updated, if you haven’t done that yet. It’s a good time to make sure your prescriptions are current. if you live in a state that has banned trans healthcare for minors and you’re the parent of a transit child, you know, it’s good to explore out of state resources. It would be a good thing for transgender people to go ahead now and get copies of their medical records, or at least make sure you know how you can quickly do so in case you do need to make any adjustments to how you’re obtaining the care, if you need to find a new provider or explore out of state resources, depending on what may happen in your state.”

He added, “Now, if there’s some sort of national action,” like a federal ban on access to transgender medicine for minors, “then, of course, it’s not necessarily going to matter where you live, or what state you live in” but “NCLR and other legal groups are prepared to immediately challenge” any such action on the national level.

Here again, Minter, a transgender litigator who came out in his 30s and who throughout his career has argued highly consequential cases, with some yielding major advancements in LGBTQ civil rights, is optimistic. “The post election polling has shown that the public would not be supportive of that action,” he said, because Americans “would far prefer the federal government, the president, and Congress focus on issues that matter broadly to people, especially the economy.”

Earlier, when discussing an exchange between Barrett and the parties, which concerned the justice’s questions about America’s history of de jure (official, lawful) anti-trans discrimination, Minter remarked that”It’s a good thing” ACLU attorney Chase Strangio, who represents the plaintiffs alongside Prelogar, was there “to explain to the court that, yes, there certainly has been a long history of governmental discrimination against transgender people.”

Ticking through some examples Strangio had shared with the court, Minter noted American officials’ enforcement of bans on military service, bans on government employment, bans on marriage, bathroom bans, gendered dress codes based on birth sex, and policies under which trans parents or guardians were forced to forfeit custody of their children or dependents.

Barrett’s pursuit of this line of questioning, Minter said, was an optimistic sign. And perhaps there is even reason for hope that a conservative Christian Trump-appointed jurist’s interest in the country’s record of anti-trans discrimination could carry implications beyond how she decides the tremendously consequential case that is now before the court.

Either way, Barrett ā€” along with the other justices and their clerks and the courtroom staff, together with attorneys, spectators, journalists, and other observers who were lucky enough to score a spot to see the action live from One First Street (or, at least, were able to tune in remotely) ā€” saw Strangio make his case on Wednesday, becoming the first out transgender lawyer ever to argue before the high court.

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