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From LGBTQ book bans to internet bans: A bipartisan attack on knowledge

Online safe spaces for queer youth increasingly at risk

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Attacks on queer safe spaces and access to information continue to escalate.

“They had LGBTQ-inclusive books in every single classroom and school library,” Maxx Fenning says of his high school experience. “They were even working on LGBTQ-specific course codes to get approved by the state,” he said, describing courses on queer studies and LGBTQ Black history. 

No, Fenning didn’t grow up in Portland or a Boston suburb. Fenning graduated from a South Florida high school in 2020. Florida’s transformation from mostly affirming to “Don’t Say Gay” has been swift, he says. “It feels like a parallel universe.” 

Fenning, who just graduated from the University of Florida, follows the developments closely as the executive director of PRISM FL Inc., a youth-led LGBTQ nonprofit he founded at 17. “I’ve watched so many of the things that I kind of took advantage of be stripped away from all of the students that came after me,” Fenning says. “It’s one thing to be in an environment that’s not supportive of you. It’s another thing to be in an environment that’s supportive of you and then watch it fall apart.”

“It’s just gut-wrenching,” Fenning explained, describing how Florida’s increasingly hostile legislation has transformed the state he has lived in most of his life. 

Most recently, Florida passed HB3, “Online Protections for Minors,” which bans youth under 14 from having social media accounts. Youths aged 14 and 15 need parental consent before getting accounts and any minor must be protected from “harmful content” online.

Unlike the previous legislation, which came predominately from the right and directly targeted issues like gender-affirming healthcare or DEI, HB3 is part of a bipartisan push across the country to regulate social media, specifically for youth. HB3 was co-sponsored by Michele K. Rayner, the openly queer Black member of the Florida Legislature, alongside many of her colleagues across the aisle. Similar national legislation, like Kids Online Safety Act, includes 68 Democratic and Republican sponsors.

Shae Gardner, policy director at LGBT Tech, explains that this legislation disproportionately harms LGBTQ youth, regardless of intentions or sponsors. 

Gardner says that while all these bills claim they are for the safety of kids, for LGBTQ youth, “you are putting them at risk if you keep them offline.” She explains that “a majority of LGBTQ youth do not have access to affirming spaces in their homes and their communities. They go online to look like that. A majority say online spaces are affirming.” 

Research by the Trevor Project, which reports that more than 80% of LGBTQ youth “feel safe and understood in specific online spaces” backs this up. Specific online spaces that are under target from legislation, like TikTok, are disproportionately spaces where LGBTQ youth of color feel safest.

“For LGBTQ people, social media has provided spaces, which are, at once both public and private, that encourage, and enhance … a great deal of self-expression that is so important for these communities,” confirms Dr. Paromita Pain, professor, Global Media Studies & Cybersecurity at University of Nevada, Reno. She is the editor of the books “Global LGBTQ Activism” and “LGBTQ digital cultures.”

Fenning emphasizes that with bills like “Don’t Say Gay,” in Florida — and other states including North Carolina, Arkansas, Iowa, and Indiana — LGBTQ youth have less access to vital information about their health and history. “Social media [are] where young people increasingly turn to get information about their community, their history, their bodies and themselves.” 

At PRISM, Fenning works to get accurate, fact-backed information to Florida youth through these pathways, ranging from information on health and wellbeing to LGBTQ history to current events. The feedback has been overwhelmingly positive. Often youth tell him “I wish I learned this in school,” which is a bittersweet feeling for Fenning since it represents how much young LGBTQ youth are missing out on in their education. 

Morgan Mayfaire, executive director of TransSOCIAL, a Florida advocacy group, said that these internet bans are an extension of book bans, because when he was a teen, books were his pathway into the LGBTQ community. “For me it was the library and the bookstores that we knew were LGBTQ friendly.” Now 65, Mayfaire understands that “kids today have grown up with the internet. That’s where they get all their information. You start closing this off, and you’re basically boxing them in and closing every single avenue that they have. What do you think is going to happen? Of course, it’s going to have an impact emotionally and mentally.”

Fenning says that social media and the internet were powerful to him as a teen. “I was able to really come into my own and learn about myself also through social media. It was really powerful for me, building a sense of self.” Gardner agrees, sharing that legislation like this, which would have limited “15-year-old me, searching ‘if it was OK to be gay’ online, would have stagnated my journey into finding out who I was.”

Gardner also explains that many of the bills, like HB3, limit content that is “harmful” or “obscene” but do not specifically define what that content is. Those definitions can be used to limit LGBTQ content.

“Existing content moderation tools already over-censor LGBTQ+ content and users,” says Gardner, “they have a hard time distinguishing between sexual content and LGBTQ+ content.” Pain emphasizes that this is no accident, “there are algorithms that have been created to specifically keep these communities out.”

With the threat of fines and litigation from HB3, says Gardner, “moderation tools and the platforms that use them is only going to worsen,” especially since the same legislators may use the same terms to define other queer content like family-friendly drag performances. 

In addition to being biased, it has devastating effects on LGBTQ youth understanding of their sense of identity, Fenning explains. “That perception of queer people as being overly sexual or their relationships and love being inherently sexual in a way that other relationships aren’t does harm to our community.”

Gardner acknowledges that online safety has a long way to go — pointing to online harassment, cybercrime, and data privacy—but that these bills are not the correct pathways. She emphasizes “everybody’s data could be better protected, and that should be happening on a federal level. First and foremost, that should be the floor of protection.” 

She also emphasizes that content moderation has a long way to go from targeting the LGBTQ community to protecting it. “Trans users are the most harassed of any demographic across the board. That is the conversation I wish we were having, instead of just banning kids from being online in the first place.”

Being queer on the ground in Florida is scary. “The community is very fearful. This [legislation] has a big impact on us,” explains Mayfaire. 

“I mean, it sucks. Right?” Fenning chuckles unhappily, “to be a queer person in Florida. In a state that feels like it is just continuously doing everything it can to destroy your life and all facets and then all realms.”

Despite the legislative steamrolling, several court wins and coordinated action by LGBTQ activists help residents see a brighter future. “There’s a weird tinge of hope that that has really been carrying so many queer people and I know myself especially this year as we’re seeing the rescinding of so many of these harmful policies and laws.”

Florida students protest the state’s ‘Don’t Say Gay’ law. (Photo courtesy Maxx Fenning)

For example, this March, Florida settled a challenge to its “Don’t Say Gay” legislation that significantly lessens its impact. Already, experts warn that HB3 will face legal challenges.

Pain emphasizes that social media is central to LGBTQ activism, especially in Florida. “There have been examples of various movements, where social media has been used extremely effectively, to put across voices to highlight issues that they would not have otherwise had a chance to talk about,” she says, specifically citing counteraction to “Don’t Say Gay.” That is another reason why legislation like this disproportionately harms LGBTQ people and other minority groups, it limits their ability to organize.

Fenning emphasizes that HB3 directly attacks spaces like PRISM, which do not just share information for the LGBTQ community, but provide spaces for them. “Foundationally it provides an opportunity for the community,” he says, but more than anything, it provides a space, where “you can you can learn from your queer ancestors, so to speak, and take charge.” And that is invaluable. 

(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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Federal Government

Two very different views of the State of the Union

As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24. (Washington Blade photo by Michael Key)

As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.

Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.

Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.

But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.

Transgender youth

In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:

“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.

“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.

“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.

“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”

The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.

Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:

“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.

“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.

“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”

For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.

Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.

Immigration and fear

Immigration dominated both events as well.

Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.

Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:

“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”

Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.

Queer leadership

Rep. Robert Garcia (D-Calif.) speaks at the People’s State of the Union on the Mall on Feb. 24. (Photo by Andrei Nasonov)

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.

Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.

“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”

He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.

“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”

Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.

“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”

A boycott — and a warning

The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.

For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.

While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

(Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.

The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.

The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.

This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.

The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.

The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.

Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.

In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”

The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.

Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”

“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”

“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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The Pride flag in question that once flew at the Stonewall National Monument. (Photo from National Park Service)

Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.

The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.

The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”

That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.

The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.

The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.

“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”

“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.

“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.

The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.

The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.

In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.

Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.

“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”

The Washington Blade reached out to the NPS for comment, and received no response.

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