National
From LGBTQ book bans to internet bans: A bipartisan attack on knowledge
Online safe spaces for queer youth increasingly at risk
“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.”
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.)
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
National
Glisten’s 30th annual Day of Silence to take place April 10
Campaign began as student-led protests against anti-LGBTQ bullying, discrimination
Glisten’s 30th annual Day of Silence will take place on April 10.
The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth.
It takes place annually and has multiple ways for supporters to get involved in the movement.
Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence.
There are three main ways for the community to get involved in the Day of Silence.
Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…”
Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link.
Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence.
Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence.
“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
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