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Project 2025’s ‘War on Porn’ threatens sex workers, LGBTQ community

Far-right plan for second Trump administration includes 32 anti-LGBTQ provisions

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GOP presidential nominee Donald Trump claims he’s unfamiliar with Project 2025, but observers fear he would embrace its far-right agenda as president. (Washington Blade photo by Michael Key)

Civil liberties and LGBTQ rights advocates have expressed alarm that a proposal to criminalize pornography in a 920-page far-right blueprint for the first 180 days of a second Trump administration known as Project 2025 would have a far-reaching impact that threatens the rights of sex workers and the LGBTQ community, especially the transgender community.

Project 2025 was created by a coalition of several dozen conservative and religious-right organizations led by the D.C.-based Heritage Foundation, with most of them having opposed LGBTQ rights for many years and several having been designated as anti-LGBTQ hate groups by the Southern Poverty Law Center.

LGBTQ rights organizations, including the Human Rights Campaign, the nation’s largest LGBTQ rights group, and the LGBTQ advocacy group GLAAD, point out that Project 2025 includes at least 32 specific provisions that call for rolling back LGBTQ rights, including marriage equality and LGBTQ nondiscrimination protections in federal government agencies.

“Project 2025 demonstrates what four years of a Trump-Vance administration would look like,” HRC said in a statement. “It is a wrecking ball aimed at the very foundations of civil rights, LGBTQ+ rights, health care access, voting rights, and environmental protections,” the statement says.

GLAAD President and CEO Sarah Kate Ellis said in a statement that Project 2025 “would create an America where the freedoms that are a hallmark to our Democracy are replaced with authoritarianism and the progress we have made for LGBTQ people, people of color, women, and other marginalized communities is stripped away.”

Former President Donald Trump, who won the Republican presidential nomination last month at the GOP convention in Milwaukee, has disavowed Project 2025, saying he played no role in creating it and he does not agree with many of its provisions. But political observers point out that former Trump administration officials and many longtime Trump supporters played a lead role in developing Project 2025. Democratic Party leaders are predicting much of Project 2025’s content, including its anti-LGBTQ provisions, would likely be backed by a Trump administration.

With that as a backdrop, civil liberties advocates and representatives of the adult entertainment industry, including sex worker advocacy groups, are saying criminalization of pornography as proposed by Project 2025 would have far reaching negative consequences, including a negative impact on the LGBTQ community. 

“The impact would be vast, and censorship of ‘pornography’ is central to this project,” according to a statement released by the Free Speech Coalition, which describes itself as a nonpartisan trade association for the adult entertainment industry. “The mandate calls for banning ‘pornography’ – broadly defined to include LGBTQ+ content – and imprisoning those who distribute it,” the statement says.

The Free Speech Coalition and other groups and activists opposing a ban on pornography point out that the text of Project 2025’s provision calling for a ban on porn seeks to create a link between what it calls harmful pornography and the transgender and LGBTQ communities.

Here is the full text of the Project 2025 provision for criminalizing pornography:

“Pornography, manifested today in the omnipresent propagation of transgender ideology and sexualization of children, for instance, is not a political Gordian knot inextricably binding up disparate claims about free speech, property rights, sexual liberation, and child welfare. It has no claim to First Amendment protection. Its purveyors are child predators and misogynistic exploiters of women. Their product is as addictive as any illicit drug and as psychologically destructive as any crime. Pornography should be outlawed. The people who produce and distribute it should be imprisoned. Educators and public librarians who purvey it should be classed as registered sex offenders. And telecommunications and technology firms that facilitate its spread should be shuttered.”

According to the Free Speech Coalition, “With new laws calling for the imprisonment of those who produce or distribute adult content, Project 2025 advocates for the arrest of millions of adult content creators – a War on Porn that might mimic the War on Drugs.”

The group adds in its statement, “This risk to anyone working in the sex industry is enormous but given the project’s twin concerns about LGBTQ+ content, would likely fall most heavily on LGBTQ+ sex workers, pushing them further into the margins, and increasing risk of violence and exploitation.”

Among those who share that concern is Cyndee Clay, executive director of the D.C.-based sex worker advocacy group HIPS. “Calls to outlaw pornography are problematic enough, but they also take one more legal option for sex work away from people who do sex work,” Clay told the Washington Blade. “What’s more concerning is this push from Project 2025 seems to be less about pornography itself and more about attacking trans rights and trans voices,” Clay said.

The Blade’s attempt to reach some of the largest online porn sites like Pornhub and the popular gay dating and sex meet-up site Grindr were unsuccessful. The ACLU, which has championed rights of sexual freedom for many years, didn’t respond to the Blade’s request for comment on Project 2025. But in a brief statement on its website, the ACLU criticizes Project 2025 as a plan to “dismantle policies put in place to protect our civil rights and liberties and establish a more authoritarian rule of law.”

The statement adds, “Along with our network of affiliates and coalition partners in all 50 states, we are armed with tools and tactics to protect against executive action that would take away our rights.”

Blair Hopkins, executive director of the Sex Worker Outreach Project Behind Bars, known as SWOP, said she believes the large adult industry companies like Pornhub, and others will be working behind the scenes to oppose Project 2025. Hopkins said the criminalization of porn would have a dramatic impact on the multi-million adult entertainment industry, which through its online sites and employment of sex workers as actors and support workers is an important segment of the nation’s economy.

According to its website, Pornhub alone has more than 100 million daily visits to its adult website and 36 billion visits per year. It says it has 20 million registered Pornhub users.

Hopkins said Pornhub has provided financial support for SWOP and other organizations that support sex workers.

“It’s been said that sex workers are the canary in the coal mine when it comes to any kind of civil rights,” Hopkins told the Blade. “And that is proven to be true over and over again,” she said. “So, what I think they’re talking about is not only will pornography be banned and criminalized, but also that anything can be categorized as pornography. And that is directly targeting the LGBTQ community.”

Todd Evans, executive director of the National LGBT Media Association, which represents LGBTQ news publications across the country, said a ban on pornography like what is being proposed by Project 2025 could have a negative impact on LGBTQ media outlets.

“Just think about it,” he said. “Who is defining pornography? What does that mean? Is Michelangelo’s ‘David’ pornography?” 

Evans added, “It definitely has an effect on LGBT media because it goes back to what that definition of pornography is. And does it depend on who is delivering it? Like if it’s an LGBT publication, is that definition harsher than maybe a mainstream publication?”

Adult entertainment advocates have also pointed out that access to porn has already effectively been “banned” in several states that have passed laws calling for the adult sites to require anyone visiting the site to provide an identification document such as a driver’s license to show they are an adult. This has prompted some porn sites, including Pornhub, to discontinue operating in those states. 

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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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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