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New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram

Zuckerberg cozying up to Trump ahead of second term

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Mark Zuckerberg, co-founder, chairman, and CEO of Meta (Screen capture via Bloomberg Television/YouTube)

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.

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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Federal Government

Protesters say SAVE Act targets voters, transgender youth

Bill described as ‘Jim Crow 2.0’

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Protesters show their opposition to the SAVE Act outside the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”

The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.

President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.

Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.

“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”

U.S. Sen. Chuck Schumer (D-N.Y.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.

“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”

U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.

“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”

He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.

U.S. Sen. Alex Padilla (D-Calif.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”

U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.

“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.

“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”

She then showed the crowd something that she said has been with her throughout her political journey in Washington. 

“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.

“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”

Kelley Robinson, president of the Human Rights Campaign, speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.

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