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New York Times called out for coverage of transgender people

GLAAD billboard circled newspaper’s Manhattan headquarters on Wednesday morning

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(Photo courtesy of Sarah Kennedy/GLAAD)

In a one-two punch aimed directly at the New York Times; more than 100 contributing writers, fellow journalists, celebrities and advocacy organizations today joined GLAAD in demanding change in how the newspaper covers transgender issues and trans people. 

First, GLAAD hired a billboard truck to circle the newspaper’s Manhattan headquarters this morning with signs saying, “Dear New York Times: Stop questioning trans people’s right to exist and access to medical care,” among other messages.  

“I think what what’s most upsetting here is the damage this is doing,” Sarah Kate Ellis, GLAAD CEO and president of the world’s largest LGBTQ media advocacy organization, told the Washington Blade in her first phone interview on the topic Tuesday. “Every day they’re not stopping is doing more damage. Every time a new article comes out that debates whether or not trans people should receive board-approved healthcare is damaging. And so I feel really strongly that their coverage is dangerous.”

Then, to protest what GLAAD calls the Times’ “irresponsible, biased coverage of transgender people,” representatives of the organization joined contributors for the Times outside the paper’s building this morning, as they delivered two open letters and issued a joint statement, calling out a “pattern of inaccurate, harmful trans coverage.” 

The coalition demands the Times immediately “stop printing biased, anti-trans stories,” meet with members and leaders in the trans community within two months, and within three months hire at least four trans writers and editors as full-time members of the Times staff.

(Photo courtesy of Sarah Kennedy/GLAAD)

Joining GLAAD are the Human Rights Campaign, PFLAG, the Transgender Law Center, Transgender Legal Defense and Education Fund, the Women’s March, director Judd Apatow, comedian Margaret Cho, actor Wilson Cruz, actresses Tommy Dorfman, Lena Dunham, Jameela Jamil, drag superstar Peppermint, activist Ashlee Marie Preston, Jeopardy! champion Amy Schneider, writer/director/actress Shakina, actress, Instagram influencer and stepmom to Zaya, Gabrielle Union-Wade, TV personality Jonathan Van Ness, activist Charlotte Clymer and more. 

“This has been an effort at GLAAD for over a year now,” Ellis told the Blade. “We’ve had several off-the-record meetings with the New York Times to share with them our concerns about the coverage and the reporting that they’ve been doing on the trans community.”

But those concerns fell on deaf ears, said Ellis, and the conversations were unfruitful. “We wouldn’t be going out with a public letter in coalition if they were fruitful. You know, for us going public, it’s always the last resort.”

Times Journalists Speak Out

As GLAAD worked toward publishing its letter, the organization was contacted by Times contributors already in the process of composing their own. A core team of eight journalists collaborated to condemn what they called the newspaper’s anti-trans bias and the real-world impact of that transphobic coverage.

The authors are Times freelancers Harron Walker, Eric Thurm, who is also campaigns coordinator at the National Writers Union and a steering committee member of the Freelance Solidarity Project, Sean T. Collins, who is also a member and organizer of the Freelance Solidarity Project, Cecilia Gentili, a longtime trans activist, Jo Livingstone, Muna Mire, and Chris Randle, a member of the steering committee at the Freelance Solidarity Project.

They were joined by Olivia Aylmer, a member of the steering committee at the Freelance Solidarity Project who is not a freelancer for the Times

Not only did other contributing writers sign-on, but so did journalism colleagues, both cisgender and trans, as well as members of the Trans Journalists Association.

“A diverse group of people came together to bring you this complaint,” they wrote. ”Some of us are trans, nonbinary, or gender nonconforming, and we resent the fact that our work, but not our person, is good enough for the paper of record. Some of us are cis, and we have seen those we love discover and fight for their true selves, often swimming upstream against currents of bigotry and pseudoscience fomented by the kind of coverage we here protest.”

Those signing that letter include Ashley P. Ford, Roxane Gay, Carmen Maria Machado Thomas Page McBee, Andrea Long Chu, Carmen Maria Machado, John Cameron Mitchell, Zach Stafford, Raquel Willis and Maia Monet, among others.

Their letter, addressed directly to Times Standards Editor Philip Corbett, calls out the country’s third most-read paper for executing what it says is “poor editorial judgment,” repeated lack of context in its reporting on trans issues and following “the lead of far-right hate groups in presenting gender diversity as a new controversy, warranting new, punitive legislation.” 

“There is in fact an unethical bias against trans people and transnesss within its coverage of trans issues, by and large,” said Walker, one of the organizers of the contributors’ letter. “There is a pattern of bias, and it’s a violation of the standards own policy as laid out by the standards desk.”

(Photo courtesy of Sarah Kennedy/GLAAD)

States that have seized upon this anti-trans reporting and opinion pieces by the Times include Alabama, Arkansas and Texas. Already, those states have joined Florida, Oklahoma, South Dakota, Tennessee and Utah in enacting discriminatory legislation. 

Of these, Utah and South Dakota have passed healthcare bans that journalist Erin Reed calls “exceedingly cruel.” For example, South Dakota’s ban is one of those providing specific provisions on how to medically detransition trans teenagers, a practice now state law in Alabama and Arkansas.

“The New York Times coverage is feeding into defending these laws, by virtue of the fact that it’s the so-called paper of record,” Walker told the Blade. “It has one of the largest reaches of any newspaper in the world, it is respected. Even if people on the far right may dismiss it as the ‘failing New York Times,’ it still holds a legitimacy in a process that, you know, means something.”

‘Pattern of bias’

“Plenty of reporters at the Times cover trans issues fairly,” the contributing writers’ letter states. “Their work is eclipsed, however, by what one journalist has calculated as over 15,000 words of front-page Times coverage, debating the propriety of medical care for trans children published in the last eight months alone.”

GLAAD notes that officials in Texas quoted Emily Bazelon’s June 2022 report to go after families of trans youth in court documents over their private, evidence-based healthcare decisions. 

Former Arkansas Attorney General Leslie Rutledge cited three Times articles in her amicus brief supporting an Alabama law that criminalizes doctors and parents for ensuring trans youth can access necessary medical care: Bazelon’s 2022 story, Azeen Ghorayshi’s January 2022 piece, and Ross Douthat’s April 2022 op-ed.

The Times’ reporting on trans youth and its reputation as the “paper of record” was cited just last week to justify a bill in a Nebraska legislative hearing, that would criminalize healthcare for trans youth.

Scores of other bills are in the works. Missouri Republicans are once again pushing for healthcare bans. Anti-trans bills in Montana, West Virginia and Mississippi have passed an entire chamber.

But by far the worst anti-transgender legislation and existing laws against the trans community are already on the books in Texas, which Reed calls “home to the weaponization of [Department of Protective Family Services] against transgender people.”

New restrictive bathroom laws are in place in Oklahoma, Alabama and Tennessee. Oklahoma’s healthcare ban restricts even adults, up to the age of 26, from accessing gender-affirming care. Florida has banned Medicaid coverage for trans-related healthcare for adults and is banning gender affirming care for trans teens. And as mentioned earlier, Utah, South Dakota, Arkansas and Alabama have targeted trans teens as well.

‘Britification’ of American media

For the most part over the last two decades, U.S. media had reliably shared a positive view of transgender people, especially youth, highlighting the stories of out trans celebrities like Chaz Bono, Laverne Cox, Caitlyn Jenner and Jazz Jennings. But since the Obergefell decision at the U.S. Supreme Court in 2015, trans people have become the religious right’s handy-dandy political boogeyman, to scare the flocks, rally the base and get out the vote. That’s a shift that was preceded by all-out negative coverage of trans issues in the U.K., where with rare exception the mainstream media is in lockstep with what is called the “Gender Critical” movement, opposing trans rights. 

Ari Drennen is the LGBTQ program director for Media Matters, and has been tracking coverage of trans issues at the Times. 

“I think it’s good to see people speaking up and talking about the really troubling pattern of coverage coming out of the Times, just because the Times is seen as the kind of gold standard for a lot of mainstream liberals,” Drennen told the Blade. “That pattern is especially notable at the Times. But there has been a sort of, you know, Britification, for lack of a better word, of the American media’s approach to trans people.” 

Drennen cites a Reuters article from October about gender-affirming care for trans children that featured an extreme close-up photograph of a child wearing braces with a hormone pill on their tongue. “That was really just clearly intended to scare parents,” she said. 

Also keeping a close watch on the Times and this Britification effect is Alejandra Caraballo, a clinical instructor at Harvard Law School’s Cyberlaw Clinic, where she works to advance the civil rights of LGBTQ people in a variety of civil legal contexts such as healthcare access, immigration and family law. 

“In the U.K., the far right, particularly the religious far right, is almost a non-entity. They just don’t have the kind of cultural power and political power that they do in the United States,” Caraballo told the Blade, noting that the Gender Critical movement has taken a a more secular approach to its opposition to trans people, rather than a religious angle.

“In the United States, it’s always been the religious far right, but they are now trying to launder those narratives through these kind of secular outlets, to try to make it seem that the concerns aren’t just inherently based on religious ideology,” she said. “Part of it is this concerted strategy that I think a lot of the Gender Criticals have of particularly appealing to narratives that upper middle class white women would often be more amenable to, especially this idea that women have fought for rights, and somehow the existence of trans people is undermining those rights, because it’s hard to just oppose rights for people if it doesn’t impact you, so you have to create a sense of scarcity, and that’s what they do there. They say that ‘This is erasing women,’ ‘This is erasing women’s rights.’”

Racial bias

Caraballo noted that the people who are writing these stories at the Times are almost universally upper middle class, middle-aged white women, which speaks to the lack of racial diversity at the newspaper.

“I think what’s interesting is the kind of subject of every panic about over-medicalization in mainstream media tend to be white, and then the subject of the panic about kids and sports tend to be Black,” said Drennen. “I don’t need to have a Ph.D to see what’s going on.”

“I think part of it speaks to the lack of racial diversity,” echoed Caraballo. “I’m not surprised that one of the first really positive, outspoken editorials in the opinion column in the New York Times was by a Black man. I think there’s a sense of solidarity and understanding of how these things work, and I think when you have no trans people in the newsroom and no trans people as opinion columnists, and you have a newsroom that’s almost entirely stocked with a demographic that is particularly being targeted by Gender Criticals for pushing their views. I think it’s not a surprise.”

Anti-trans agenda

Caraballo said her conversations with people who work at the Times leads her to suspect this shift toward anti-trans narratives is not the writers or reporters themselves, but the result of an agenda set by their editors. 

“For some people like Katie J.M. Baker, who has written extensively about how the media actually works to push transphobic narratives, to then write an article like she did about forcibly outing trans students, it just speaks to either opportunism, not really having a deeply-held belief about this, or just being pushed by the editors. I mean, this was her first major story,” she said. “I worry that what happens is the New York Times often times gives those kinds of views credibility. And you see this with the anti-trans people celebrating every one of these articles, because they view that they’re trans eliminationist and anti-trans positions are being laundered into the mainstream.” 

Anti-trans tipping point

In 2014, Time Magazine put Laverne Cox on its cover and declared that trans Americans had achieved a tipping point in acceptance. But at the Times, a shift in who writes opinion pieces has tipped the balance the other way, noted Drennen. 

“The New York Times has never been perfect in their coverage, of course. But over the last year, Jennifer Finney Boylan departed from the Times’s opinion section,” she said. While Boylan is still a freelancer for the Times, the bestselling author and scholar’s byline now regularly appears in the Washington Post.

“In the interim, they’ve added two incredibly anti-trans regular columnists, Pamela Paul and David French, the former lawyer for the anti-LGBTQ+ hate group, the Alliance Defending Freedom. This has a really troubling pattern of anti-trans sentiment. So, any perceived balance there was just got totally blown out the window over the last year.” 

“I’m proud of the work I did for Times Opinion from 2007 to 2022, on hundreds of topics from presidential dogs to the history of the Negroni,” Boylan told the Blade. “As a freelancer, I felt lucky to have a regular slot on the page and was grateful for the trust the editors placed in me. I also wrote many essays about trans identity and trans politics, and was proud to be, for many years, the only ongoing voice on the page representing the wide range of trans identities. I am hoping all those stories put a human face to trans issues for readers of the Times, and opened some hearts.”

Boylan’s name does not appear alongside other Times freelancers in the open letter or the GLAAD letter, but ironically, the Times has been publishing her name in its Bestsellers list for 18 weeks in a row. Her novel, Mad Honey, co-written with Jodi Picoult, has yet to be reviewed in the newspaper or covered in any way, despite it being the most successful book co-written by any transgender person, ever. Is that more evidence of bias, or just a coincidence?

The science ‘debate’

“I am really disappointed that it’s come to this,” said Ellis. “The science is settled on transgender health care. As far as the New York Times is concerned, it is not settled science and they want to use their pages to debate it.”

(Photo courtesy of Sarah Kennedy/GLAAD)

“It’s so dehumanizing,” added Caraballo, “because you have people debating your rights who have no stake in it whatsoever. They’re not the ones that are going to be denied healthcare. They’re not the ones who are going to be denied housing. They’re not the ones who are going to be kicked out of their homes when they’re forcibly outed to their parents. They have no stake in this. And that is particularly what’s so upsetting, to see all these people that literally will never feel the effects of these policies, constantly talking about how they have ‘concerns.’” 

Will the Times agree to their demands?

Drennen said it’s hard to say whether these open letters will have any impact, because “so much of their decision-making is internal.” 

(Photo courtesy of Sarah Kennedy/GLAAD)

For her part, Walker said she remains excited by the coalition that’s been assembled and optimistic, but also realistic. 

“Ideally what happens is the New York Times says, ‘Okay, yeah, let’s stop debating whether trans people should be allowed,’ and they start hiring a bunch of trans people. It’s the end of the story. I’m also realistic. I think it’s important to keep some idealism and some optimism in place and also realistic at the same time, which I also think is important. And I fully expect them to do their best to ignore it.”

“We’re too loud to ignore. If you ignore our letter, we’ll find some other way. If you ignore that, we’ll find another way,” Ellis said. “We’re not going to quit until the New York Times acknowledges our demands. And our demands are not outrageous. Within the letter, we’re just talking about stopping your irresponsible reporting, meeting with the trans community and hiring trans writers and editors. These are not outrageous demands that we’re making.”

Charlie Stadtlander, the director of external communications, newsroom, for the Times responded Wednesday afternoon in an email to the Blade addressing the controversy:

“We received the open letter delivered by GLAAD and welcome their feedback. We understand how GLAAD and the co-signers of the letter see our coverage. But at the same time, we recognize that GLAAD’s advocacy mission and the Times’s journalistic mission are different.

As a news organization, we pursue independent reporting on transgender issues that include profiling groundbreakers in the movement, challenges and prejudice faced by the community, and how society is grappling with debates about care.

The very news stories criticized in their letter reported deeply and empathetically on issues of care and well-being for trans teens and adults. Our journalism strives to explore, interrogate and reflect the experiences, ideas and debates in society — to help readers understand them. Our reporting did exactly that and we’re proud of it.”

Read the letters and who signed them by clicking here.  

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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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