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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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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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The White House

Trump travels to Middle East countries with death penalty for homosexuality

President traveled to Saudi Arabia, Qatar, and United Arab Emirates

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President Donald Trump with Saudi Crown Prince Mohammed bin Salman at the Saudi-U.S. Investment Forum in Riyadh, Saudi Arabia, on May 13, 2025. (Photo courtesy of the White House's X page)

Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.

Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.

Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.

“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”

Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.

The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”

“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.

The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)

A beach in Dubai, United Arab Emirates, on Oct. 3, 2024. Consensual same-sex sexual relations remain criminalized in the country that President Donald Trump visited last week. (Washington Blade photo by Michael K. Lavers)

Trump returned to the U.S. on May 16.

The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”

Former President Joe Biden traveled to Saudi Arabia in 2022.

Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.

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