National
New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram
Zuckerberg cozying up to Trump ahead of second term
New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.
According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like ‘weird.’”
Meta also removed rules that forbid insults about a person’s appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as “it.”
In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.”
“What started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and it’s gone too far,” he added.
In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”
“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”
Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”
As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.
However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.
The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.
Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions — the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.
Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.
Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg — who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.
Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.
In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.
In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.
Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.
U.S. Military/Pentagon
Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day
Advocates sue to reverse Trump ban while service members cope with new struggles
President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.
The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.
On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.
The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.
For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.
“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”
This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.
“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”
The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.
“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”
Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.
Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.
“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”
The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.
“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”
While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.
Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.
Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.
“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”
“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”
Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.
“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”
He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.
“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”
Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.
“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”
With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.
Levi characterized the policy as overtly cruel and legally indefensible.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.
“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”
Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.
She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”
On legal grounds, Levi noted the ban violates the Equal Protection Clause.
“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”
When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.
“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”
Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.
Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.
“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”
Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.
“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”
The White House
Trump targets LGBTQ workers in new loan forgiveness restrictions
A new Trump policy attempts to limit loan forgiveness for federal workers working with LGBTQ issues.
The Trump-Vance administration is moving forward with plans to restrict federal workers from using the Public Service Loan Forgiveness (PSLF) program if their work involves issues related to LGBTQ individuals, immigrants, or transgender children.
Lawsuits were filed last week in more than 20 cities — including Albuquerque, N.M., Boston, Chicago, and San Francisco — challenging the administration’s efforts to withhold loan forgiveness from organizations that oppose the president and his party’s political agenda.
Created by Congress in 2007 and signed into law by then-President George W. Bush, PSLF cancels the federal student loan debts of borrowers who spend a decade or more working in public service. The program covers teachers, nurses, law enforcement officers (including members of the military), and employees of tax-exempt organizations under Section 501(c)(3). Many of those who work to support LGBTQ rights are employed by such organizations — meaning they stand to lose eligibility under the new policy.
As of 2024, more than 1 million Americans have benefited from PSLF, helping erase an estimated $74 billion in student loan debt, according to a Biden-era estimate.
Under the new rule, which takes effect July 1, 2026, the Department of Education will be able to deny loan forgiveness to workers whose government or nonprofit employers engage in activities deemed to have a “substantial illegal purpose.” The power to define that term will rest not with the courts, but with the education secretary.
The rule grants the secretary authority to exclude groups from the program if they participate in activities such as trafficking, illegal immigration, or what it calls the “chemical castration” of children — defined as the use of hormone therapy or puberty-blocking drugs, a form of gender-affirming care sometimes provided to transgender children and teens.
Under Secretary of Education Nicholas Kent defended the change, arguing that the new rule would better serve the American people, despite every major American physician organization research showing gender-affirming care helps more than it harms.
“It is unconscionable that the plaintiffs are standing up for criminal activity,” Kent said in a statement to NPR. “This is a commonsense reform that will stop taxpayer dollars from subsidizing organizations involved in terrorism, child trafficking, and transgender procedures that are doing irreversible harm to children.”
The Williams Institute, a leading research center on sexual orientation and gender identity law and public policy, warned that this — along with other restrictions on federal loan forgiveness — would disproportionately harm LGBTQ Americans. The institute found that more than one-third (35%) of LGBTQ adults aged 18 to 40 — an estimated 2.9 million people — hold over $93.2 billion in federal student loans. About half (51%) of transgender adults, 36% of cisgender LBQ women, and 28% of cisgender GBQ men have federal student loans.
“The proposed restrictions on student loans will particularly affect the nearly one-quarter of LGBTQ adults employed in the public or nonprofit sectors, which qualify for the Public Student Loan Forgiveness program,” said Brad Sears, Distinguished Senior Scholar of Law and Policy at the Williams Institute, who authored a brief on how the proposed changes could impact LGBTQ borrowers. “A recent executive order could potentially disqualify anyone working for an organization involved in gender-affirming care, or possibly those serving transgender individuals more broadly, from the PSLF program.”
U.S. Supreme Court
Supreme Court rejects Kim Davis’s effort to overturn landmark marriage ruling
Justices declined to revisit the Obergefell decision
The U.S. Supreme Court has declined to hear an appeal from Kim Davis, the former Rowan County, Ky., clerk best known for refusing to issue marriage licenses to same-sex couples after the landmark 2015 Obergefell v. Hodges decision legalized same-sex marriage nationwide.
Following the Obergefell ruling, Davis stopped issuing marriage licenses altogether and has since filed multiple appeals seeking to challenge same-sex marriage protections. The court once again rejected her efforts on Monday.
In this latest appeal, Davis sought to overturn a $100,000 monetary award she was ordered to pay to David Moore and David Ermold, a same-sex couple to whom she denied a marriage license. Her petition also urged the court to use the case as a vehicle to revisit the constitutional right to same-sex marriage.
The petition, along with the couple’s brief in opposition, was submitted to the Supreme Court on Oct. 22 and considered during the justices’ private conference on Nov. 7. Davis needed at least four votes for the court to take up her case, but Monday’s order shows she fell short.
Cathy Renna, the director of communications for the National LGBTQ Task Force, a non-profit organization that works towards supporting the LGBQ community through grassroots organizing told the Washington Blade:
“Today’s decision is not surprising given the longshot status of Davis’s claim, but it’s a relief that the Supreme Court will not hear it, given the current make up of the court itself. We hope that this settles the matter and marriage equality remains the law of the land for same-sex couples.”
Human Rights Campaign President Kelley Robinson released the following statement:
“Today, love won again. When public officials take an oath to serve their communities, that promise extends to everyone — including LGBTQ+ people. The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.
Thanks to the hard work of HRC and so many, marriage equality remains the law of the land through Obergefell v. Hodges and the Respect for Marriage Act. Even so, we must remain vigilant.
It’s no secret that there are many in power right now working to undermine our freedoms — including marriage equality — and attack the dignity of our community any chance they get. Last week, voters rejected the politics of fear, division, and hate, and chose leaders who believe in fairness, freedom, and the future. In race after race, the American people rejected anti-transgender attacks and made history electing pro-equality candidates up and down the ballot.
And from California to Virginia to New Jersey to New York City, LGBTQ+ voters and Equality Voters made the winning difference. We will never relent and will not stop fighting until all of us are free.”
The Log Cabin Republicans, a organization dedicated to conservative LGBTQ people, praising the Court’s decision.
“After months of hand-wringing and fear-mongering by Gay Inc., Democrats, and the media, the conservative majority on the Supreme Court sided with the American people and common sense and declined to revisit marriage equality,” Interim Executive Director Ed Williams said in a statement. “Just like Justice Amy Coney Barrett hinted at earlier this year, Obergefell is settled. Marriage equality has been, and will continue to be, the law of the land.”
This story is developing and will be updated as more information becomes available.
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