Connect with us

National

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

Zuckerberg cozying up to Trump ahead of second term

Published

on

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

North Carolina

In the middle of the Bible Belt, a summer camp lets trans kids exhale

Adulthood feels possible at Transcending Adolescence

Published

on

Ruby during her second year of camp. (Photo by Cornell Watson for Uncloseted Media)

Uncloseted Media published this article on July 18.

By SAM DONNDELINGER | On a June night in rural North Carolina, dozens of campers sat around the fire as a counselor asked them to close their eyes.

“Picture a place where you feel completely safe,” they were told. “Think about what it looks like and how it feels, what you can hear, smell, and taste.”

When they were invited to share what they had imagined, one camper described sitting in a circle with other trans people. It was dark. Trees surrounded them. Mosquitoes buzzed.

“‘That place is here, and this is the place where I feel safe,’” Jacob Hofheimer, one of the camp’s founders, recalled the camper saying. “It got all of us.”

For many of the 8- to 17-year-olds who attend Transcending Adolescence, the weeklong summer camp offers a reprieve from the calculations they have to make in their day-to-day lives: Who knows they are trans? Who can be trusted? Which bathroom can they legally use?

At a time when 40 percent of transgender and nonbinary youth seriously considered attempting suicide in the past year, and 90 percent of LGBTQ youth reported that recent anti-LGBTQ laws, policies, and debates cause them stress or anxiety, those questions never disappear. But at this camp, young people are given space to ask them openly and to a community that understands why they need to.

“It really made me smile knowing that there’s a lot of people out there like me,” Ruby, a 12-year-old camper, told Uncloseted Media. “I’m putting myself out there, I’m being myself and no one judges me.”

Origins

Transcending Adolescence was founded in 2019 by Jacob and his wife Chrissy Hofheimer. The trans married couple wanted to create a camp for queer kids in America’s South, where affirming resources can be difficult to find.

Surrounded by thick woods and the backdrop of the Appalachian Mountains, campers swim, tie-dye shirts, complete ropes courses, roast marshmallows and perform in shows. They also gather for conversations about healthy relationships, medical care, legal rights, bathroom anxiety, coming out, misgendering, depression, substance use, and self-esteem.

“A huge part of it is that every single person there is trans or gender diverse, including the staff,” says Rory Sowers, a 19-year-old junior counselor from Florida. “That’s just something that you don’t get to experience a lot, especially as a young trans person.”

Sowers first attended Transcending Adolescence as a camper during its inaugural year in 2021. He returned three times before becoming a junior counselor.

“There’s so much that trans folks have to worry about just going about their day-to-day lives, especially living in the South,” Sowers says. “I was able to come into myself a lot more when I didn’t have all of those anxieties on my back.”

A place to be ‘just Ruby’

For 12-year-old Ruby, pre-camp anxiety was intense.

When she attended camp in June of last year, it was the first time traveling to another state without her parents.

“I was nervous about having someone there not really understanding me … and not really accepting me,” says Ruby, whose name has been changed to protect her privacy.

Outside camp, Ruby worries about how other people perceive her, according to her mom, Kate, whose name has also been changed. She says her daughter has to consider a litany of questions cis kids don’t have to worry about: “‘What if someone finds out? Are they looking at me? Do I look the part?’ … All these thoughts go through her head every single day.”

Before camp, Ruby had been struggling so intensely that her family had questioned whether it might feel easier for her “not to be who she was,” Kate says. Ruby had faced bullying in school, prompting her family to withdraw her and homeschool her for the remainder of fifth grade.

“I couldn’t really go anywhere without picking [at] myself because I was anxious,” Ruby says.

But when she arrived at camp, a lot of Ruby’s anxiety subsided. She didn’t have to introduce herself through the lens of being trans. She could just be herself: a funny, theatrical, outgoing 12-year-old who likes Beyoncé, improvises rap battles, and wants to be in the center of dance shows.

“She can just go there and just be [Ruby],” Kate says. “[Being trans] is only a little piece of her. There’s so much more to her, and she’s able to do that for the whole week. … It was completely life-changing for her.”

Research suggests that spaces like Transcending Adolescence can have powerful mental health effects.

Young people tend to fare better when they feel they belong and have access to peers and adults who understand them. In one small study from 2021, participants of a six-day LGBTQ summer camp reported increased resilience, self-esteem and quality of life. Focus groups indicated that transgender and nonbinary campers found an affirming environment that offered social opportunities they had been unable to find elsewhere.

Though this environment can be transformative, it’s intimidating at first for some. Jacob remembers asking one camper from Texas his pronouns during medical check-in, and the boy responding that he used “guy pronouns” because he “was a guy.”

Jacob recalled him being closed off and leery of the “hippie-dippy nonsense.”

But on the second-to-last night, Jacob overheard him speaking with a fellow camper.

“‘When I first came here, I thought that I was a disgusting, mutilated pig and an alien, and nobody would ever love me because I’m trans,’” Jacob recalls the camper saying. “‘And now I know that being trans doesn’t make me disgusting. It’s actually a beautiful thing.’”

He later texted Jacob to say the camp had given him confidence during the school year.

“‘Half the time, I forget that I’m trans,’” Jacob remembers him writing. “‘I’m just a guy. I’m just me.’”

“Finding places where you literally see yourself and can be seen by others for who you are is important during adolescence. It’s a human need,” Stephen Russell, professor of social and family dynamics at Arizona State University, told Uncloseted Media. “For trans youth, especially those who may not feel fully accepted at school, at home or in their faith communities, a camp where their identity isn’t something they have to navigate or defend, but is simply centered as part of who they are, can be transformative.”

Filling the gaps

The Hofheimers know that these spaces can transform the mental health of trans youth because they experienced it firsthand when they met while working as lifeguards at a summer camp for young queer people in New Hampshire.

The camp was doing important work, Jacob says, but many of its attendees came from privileged families in New England and other parts of the country where affirming programs were more accessible. Far fewer came from places such as Florida, Georgia, and Texas.

That’s why, for the location of the camp, they intentionally chose North Carolina, a state that has laws on the books that exclude trans girls from participating in sports, restrict the instruction of LGBTQ topics in schools and ban gender-affirming care for trans youth.

“Access is really, really important,” Chrissy says, adding that while the camp costs $1,975 for the week, they offer robust financial aid, including a $1,500 “no questions asked” subsidized rate for families who can’t afford it.

At the camp, the staff educates campers about anti-trans laws, coming out, and how to have conversations with their doctors about gender-affirming care.

“The kids want to talk about this stuff,” Jacob says. “That was the gap that we identified.”

For Chrissy, baking education into the camp’s programming is personal: When she was transitioning as a young adult, accessing informed medical care was difficult. During consultations, doctors either quoted prices she could not afford or refused to treat her. One told her that they did not “put boobs on men.”

Desperate to change her chest, Chrissy turned to a friend who had undergone illegal silicone injections without an apparent complication. She received what she believed were similar injections in Florida.

But the substance wasn’t silicone, she says, and it hardened and became intertwined with her breast tissue. Seventeen years later, Chrissy underwent a double mastectomy to fix the damage.

This experience became one of the driving forces behind the camp’s educational work.

“Accurate information might have changed the course of my life,” Chrissy says.

To provide information that breaks out of the TikTok and Reddit misinformation bubble many campers exist in at home, Chrissy and Jacob bring in experts and host nightly fireside chats.

Each night, campers gather around for structured conversations about the nuances of being trans. They talk about coping with misgendering, managing bathroom anxiety, identifying red and green flags in relationships, asking for help, and caring for their mental health.

Jacob, who is a certified nurse practitioner, helps answer questions about gender-affirming care. A trans attorney explains policies affecting campers in different states and separates the practical effects of those laws from incomplete information and political fearmongering.

“It made me think about the people who I tell I am trans to and what I have to do to make sure I feel comfortable telling them,” Ruby says. “It let me think about all these questions I had but didn’t really know how to ask.”

Building what comes next

Chrissy hopes the results from the camp’s program will eventually be replicated across the country.

For now, roughly 30 campers come together for one week each summer. Some arrive unhappy about being sent to camp. But by the final day, Sowers says, those same campers are often crying because they do not want to leave.

They return home to the same schools, states, and political climates where they have to decide when it is safe to disclose their identities and how to respond when someone does not understand them.

But at camp, Ruby, among the other campers, found a weeklong respite and saw trans adults who were not merely surviving but building careers, relationships, and communities.

“After the camp, I really haven’t been talking about how I feel insecure that I’m trans,” Ruby says. “I can’t wait to go back and see the people I met and [meet] new friends.”

Continue Reading

National

Remembering Victoria Cruz, Stonewall veteran and beloved trans activist

A witness to history who would spend decades helping to shape it

Published

on

Victoria Cruz, a veteran of the 1969 Stonewall uprising, died in June.

Victoria Cruz, a veteran of the 1969 Stonewall uprising and unwavering advocate for survivors of violence, died on June 25 from liver cancer. Fierce, generous, and unyielding, Cruz emerged from Stonewall as a witness to history who would spend more than five decades helping to shape it. She became a fixture of New York LGBTQ+ activism and in time, one of the community’s most beloved elders and mentors.

One of 11 children, Cruz arrived with her family in Red Hook, Brooklyn from Guánica, Puerto Rico as a young child. She occasionally quipped that she was “never in the closet” but “in the armoire,” and knew from an early age that she was a girl at a time when there was little language to describe her experience. She studied cosmetology and hairdressing at Metropolitan Vocational High School, before attending Brooklyn College where she earned a theater degree in 1982. She supported herself through beauty work, as a stripper, sex worker, and entertainer in the New York City nightlife scene, giving her first drag performance at the Grapevine in 1973 to a Billie Holiday song.

A regular at the Stonewall Inn, Cruz often arrived in what she described as “full drag and semi-drag.” In a 2025 interview she recounted details of the gay bar on Christopher Street – the lack of plumbing, except for the bathroom, and how she would only drink beer because the ice for mixed drinks was drawn from unsanitary garbage cans where glasses were rinsed.

 “[The cops] used to come in and raid the place, and put the lights on. If you were two men together, you’d look for a lesbian to sit with or talk to.” If you had make-up on, she said, they’d make you wash it off with dirty water from the mop bucket. Officers also did what she called “the Robin Hood.” 

“They used to take the bra straps in the back and pull them, you know, they were very heavy elastic, and let it go so it’ll hurt their back.”

Harassment was routine. But the night of Friday, June 27, 1969, was different. Maybe the cops weren’t given “the little brown bag pay off” or “enough money,” she speculated.

Cruz hadn’t planned to go that night. She had work the next day at a beauty parlor but her boyfriend, Frankie, was a bouncer at Stonewall — and “a cheat.”

“I went and stalked him.” When he asked her to go home, she said, “‘No, I’m going to wait up here, because tonight you’re going home with me.'”

It was close to midnight, and the air was hot and humid, she recalled. A full moon in the sky. Judy Garland had just been buried, and the atmosphere in the Village was solemn – “like the calm before the storm.”  Standing near the steps next to the Stonewall, Cruz spotted Sylvia Rivera—who would also become a prominent trans rights figure—with her friends across the street by Sheridan Square Park.

The paddy wagons came. The bar got raided, yet again. But this time, a rebellion began to simmer.

“And then the crowd started getting a little bit rowdier outside, they started throwing pennies,” Cruz recalled. “They were calling them names, you know, ‘dirty copper.’ ” As cops started loading people into the paddy wagons, she “saw one queen got punched.” She thought it was Miss Major, who later publicly recounted taking a blow to the head and getting knocked unconscious.

Police brought a paddy wagon around and went back inside the bar. “And here comes a brick out of Sheridan Square Park, and it cracked the window, and they closed all the doors as a barricade. We were hearing noise from inside.”

Frankie came out to see whether she was still there. A Canadian in the country illegally, he wanted to leave. Cruz wanted to stay. “That’s serious when they started burning stuff – and then Frankie says, let’s get out of here.” She recalled the violence escalating. “First it was garbage pails. Then they started setting up fire on cars. And I said, no, no, no. That’s too crazy.”

After the raid, Frankie’s boss called him in “to clean out the basement and try to straighten up whatever the cops smashed up over there.” Frankie found one of three drink-price signs, and downstairs, the dog, Rusty, who guarded the liquor (“even though the liquor was watered down”). One of the owners let Frankie take him home. “I was so afraid of dogs, but I gave him food, and then he became my best friend and my protector.”

As for the sign, she kept it in her possession and shared that she hoped to return it to Stonewall along with photos of Frankie and Rusty. “They are part of our original history and they belong there.”

Those nights of chaos and violence are now widely regarded as the birth of the modern gay rights movement. One year later, Cruz joined thousands in what she called “the big first gay pride liberation march.”

“She was definitely one of our mothers in the movement,” says Shelby Chestnut, now executive director of Transgender Law Center, who worked with “Miss Vicky” at the New York City Anti-Violence Project (AVP) from 2010 to 2017. Cruz first came to AVP seeking support after being sexually assaulted by members of the nursing staff while working at Cobble Hill Health Center. She later volunteered at AVP and remained with the organization for 18 years, eventually coordinating the domestic violence project and serving as a senior counselor advocate.

Shay Huffman, a school social worker and former AVP Board Member, credits Cruz with being her lifeline while going through intimate partner violence. “By the time I got to AVP, I was 95 pounds,” says Huffman. “I seriously doubted I would survive. I had lost my appetite, wasn’t eating, and felt like my spirit was being sucked out of me.” Huffman says it was important to her that Cruz was a woman of color. “She heard me. She met me where I was. She validated me. She gave me hope and encouragement. She made me believe, ‘Maybe I can survive this.’ It was the first step from becoming a fighter and survivor to really thriving.”

Cruz’s impact extended beyond those she counseled. For many young trans people, the presence of an elder figure like “Miss Vicky” was not something to be taken lightly, Shelby Chestnut says.

“Especially at the time when she got into advocacy, in an ‘official’ way, there was a real expansion of trans justice organizations in New York City, and she would come to all of the events and be this big voice of reason. Even in the face of so much terribleness in the world right now—even at almost 80 years old—she was so clear and articulate: ‘We can’t back down. We’ve been here before. We can’t give people new ground in this moment to take our power and livelihood away.’ She imparted this to a new generation of organizers and leaders in a way that not many people could.”

“She came up in a post-Stonewall reality but also was clear that so much of our conditions didn’t change just because Stonewall birthed our movement.”

Her commitment to justice came to wider public attention with the release of the 2017 documentary “The Death and Life of Marsha P. Johnson.” The film documents her meticulous investigation into the 1992 death of her contemporary, Marsha P. Johnson, a Black trans woman whose death was ruled a suicide despite suspicious circumstances. Cruz’s probing not only helped expose the very real possibility that Johnson was murdered, but also underscored a broader reality: Many trans women of the era were treated as throwaways, their deaths denied the attention and justice they deserved. 

Following Cruz’s death, the documentary’s director, David France, paid tribute to Cruz on Facebook: 

“Throughout her life she embodied pure joy, something she learned from Marsha P. Johnson (whom she called “The Rosa Parks of the gay movement”), and fierce resistance, which she dedicated herself to in her last conversation with Sylvia Rivera on her death bed. She promised Sylvia she would ‘keep the community together.’  And she did that and more. She died on Pride Week, her highest of holy days. There never will be another like her.”

“Victoria loved the beach,” recalls Cruz’s sister, Heyde Cruz, 73. “She called it her sanctuary and as my children and my other siblings’ children were growing, she would take them to the beach and show them how beautiful it was, picking up seashells and other beach objects on the sand and they loved it.”

 Indeed, Cruz was a popular presence at the People’s Beach at Jacob Riis Park in Queens, where she was often spotted beneath a sun tent in colorful attire and her signature headband with feathers and cowrie shells. She was considered royalty at this haven for queers near the former Neponsit Hospital — a building that fell into ruin over decades before ultimately being demolished, despite protests by a community that had laid claim to a landmark no one else seemed to want.

In a 2023 conversation, the “Queen of Riis” recounted tales of noble mischief dating back to the earliest days when she had first set foot on the sands in 1963. The facility had been running as a “Home for the Aged” and the gay folks delighted in helping elderly residents sneak out to frolic on the beach.

 “We would tell them when the guys were coming so they could run back to the premises,” she said. She loved hearing the concerts from the facility’s gazebo, where patients would be taken out for lunch. “I loved to go on Sunday mornings because of the church services,” Cruz said. “They played the most wonderful American gospel I ever heard.”

Cruz had hoped that the building might be preserved and turned into a hospice, where “the sounds of the sea, the sun, the gulls [might] make them enjoy life more, especially in their last days.” 

Last December, The Stonewall Inn Gives Back Initiative (SIGBI) honored Cruz with a Brick Award for Community Activism. Latina actor, model and trans activist Angelica Christina introduced Cruz, highlighting the elder’s fight for the LGBTQ+ community as “front and center,” noting she had “done so with courage, conviction and compassion.”

“From being a longtime leader at the Anti-Violence Project, to being a part of the documented history at Stonewall, Victoria has supported survivors of anti-LGBTQIA+ violence when few others would,” said Christina, herself a survivor of sexual assault and homelessness. “She fought for safety and accountability and dignity at a time when our stories – especially that of BIPOC trans women – were too often ignored… “

To a standing ovation, Cruz spoke to those who have long admired her spirit, as well as a new generation reaching for the torch amid a renewed political tempest intent on extinguishing the most marginalized:

“We resisted at Stonewall and we can resist now because they’re not going to erase us,” Cruz assured. “Today, it is better to be yourself. Life is much easier when you are you.” 

“And I thank you for this prize, because like Sylvia [Rivera] said – and I promised her – that wherever I would go, I will try to keep the community together because we do have the numbers, and with our allies, we can defeat them anytime… 

“We’re here from the beginning and we’re going to be here ’til the end.”

Continue Reading

National

DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit

David Maltinsky was fired after displaying Pride flag at desk

Published

on

A gay FBI trainee was fired after displaying a Pride flag at his desk. (Washington Blade photo by Michael Key)

Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.

Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.

The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.

In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.

“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.

The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.

In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.    

“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.

Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.  

In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.  

“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.

“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”

Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.

Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole  will continue.

“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”      

Continue Reading

Popular