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Seven Republican AGs declare LGBTQ merchandise may be obscene

Signed letter sent to Target

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(Photo by Jonathan Weiss via Bigstock)

BY ERIN REED | Republican attorneys general from seven states have signed a letter to Target, insinuating that the retailer’s LGBTQ youth content and merchandise may be considered obscene and in violation of law.

The letter criticizes Target for offering youth-sized clothing featuring Pride themes and asserts that the states are obliged to “enforce state laws protecting children” from “content that sexualizes them,” including obscenity laws. The letter also suggests that Target may be breaching the law by making decisions that are allegedly “unprofitable” and not in the best interests of its shareholders, citing this as a violation of the company’s fiduciary duty.

The letter, which is six pages long, does not provide specific details regarding potential legal consequences if Target continues to sell the merchandise in question. Notably, this follows a wave of bills introduced in various states that aim to ban LGBTQ content under obscenity laws, including measures to ban drag, ban books with LGBTQ characters, and restrict LGBTQ content in schools and libraries.

Here is the relevant portion of the letter implying potential violations of obscenity laws:

Earlier this year, Target was the focus of a vehement campaign led by far-right groups for offering LGBTQ merchandise. Figures like Matt Walsh played a leading role in this campaign, which resulted in an onslaught of threats, violence, and harassment aimed at the store’s employees.

In one tweet, Walsh proclaimed the aim was to “make Pride toxic,” ensuring that companies endorsing Pride would “pay a price.” Target, in response, removed the controversial merchandise from numerous locations to safeguard its staff. However, the threats persisted throughout Pride Month. Inspired by those threats, these Republican attorneys general now have issued stern warnings of potential legal repercussions to the store.

Obscenity laws have previously been invoked in efforts to target LGBTQ content in the U.S. Earlier this year, several states either proposed or enacted legislation classifying LGBTQ content as obscene.

For example, Texas passed a law widely interpreted as banning LGBTQ books from schools. Llano County in Texas also enacted a ban on several LGBTQ books, which was subsequently blocked by a judge on the grounds of likely unconstitutionality. Moreover, a number of states approved laws categorizing drag — defined by these laws as dressing and performing in a gender different from one’s assigned birth gender — as obscene. 

Among the proposed laws that did not pass were a West Virginia bill that sought to label “exposure to transgenderism” as obscene and a Montana amendment aimed at designating LGBTQ internet content as obscene if accessible by minors. The invocation of obscenity laws as a tool to eliminate LGBTQ content from public view shows signs of escalating, as evidenced by the recent letter aimed at Target.

The U.S. is also not the first country in recent years to use obscenity to target LGBTQ content in public. These laws and threats follow in the footsteps of more authoritarian countries that have successfully implemented such measures. Hungary, for instance, recently instituted a law that declared Pride flags and gay characters on television shows could only appear in late night TV or else would be considered obscene. Russia likewise has passed extreme laws that declare “promotion of homosexuality” illegal and obscene.

Lacking legislation that specifically declares content such as Target’s Pride line as obscene, some state attorneys general may turn to interpreting old obscenity laws as including LGBTQ content. The list of attorneys general who have signed onto this letter threatening Target with promoting “obscene” merchandise are:

  • Todd Rokita — Indiana Attorney General
  • Tim Griffin — Arkansas Attorney General
  • Raul Labrador — Idaho Attorney General
  • Daniel Cameron — Kentucky Attorney General
  • Lynn Fitch – Mississippi Attorney General
  • Andrew Bailey — Missouri Attorney General
  • Alan Wilson — South Carolina Attorney General

While most legislation labeling LGBTQ content as obscene did not pass this year, advocates are concerned about the growing momentum behind such measures. There is an escalating trend among states in targeting the LGBTQ community, particularly on issues pertaining to gender identity. The readiness of attorneys general from several states to suggest that even rainbow logos could be deemed potentially obscene indicates the likelihood of further legislative attempts in 2024. Advocates continue to work to prevent the U.S. from following in the footsteps other countries that have eliminated LGBTQ content from public life entirely.

Target-Letter-FinalDownload

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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