National
GLAAD gives social media failing grades over lack of protections for LGBTQ users
Findings: Facebook, Instagram, Twitter, TikTok, and YouTube and all platforms receive scores under 50 out of 100
GLAAD, the world’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) media advocacy organization, released the findings of its second annual Social Media Safety Index (SMSI), a report on LGBTQ user safety across five major social media platforms: Facebook, Instagram, Twitter, YouTube, and TikTok.
The outcome says GLAAD is an utter failure to protect the safety of LGBTQ+ users.
The 2022 SMSI introduces a Platform Scorecard developed by GLAAD in partnership with Ranking Digital Rights and Goodwin Simon Strategic Research. The Platform Scorecard utilizes twelve LGBTQ-specific indicators to generate numeric ratings with regard to LGBTQ safety, privacy, and expression. A listing of the indicators is available here and below. After reviewing the platforms on measures like explicit protections from hate and harassment for LGBTQ users, offering gender pronoun options on profiles, and prohibiting advertising that could be harmful and/or discriminatory to LGBTQ people, all platforms scored under a 50 out of a possible 100:
● Instagram: 48%
● Facebook: 46%
● Twitter: 45%
● YouTube: 45%
● TikTok: 43%
Primary Platform Scorecard indicators include:
● The company should disclose a policy commitment to protect LGBTQ users from harm, discrimination, harassment, and hate on the platform.
● The company should disclose an option for users to add pronouns to user profiles.
● The company should disclose a policy that expressly prohibits targeted deadnaming and misgendering of other users.
● The company should clearly disclose what options users have to control the company’s collection, inference, and use of information related to their sexual orientation and gender identity.
● The company should disclose training for content moderators, including those employed by contractors, that trains them on the needs of vulnerable users, including LGBTQ users.
“Today’s political and cultural landscapes demonstrate the real-life harmful effects of anti-LGBTQ rhetoric and misinformation online,” said GLAAD President and CEO Sarah Kate Ellis. “The hate and harassment, as well as misinformation and flat-out lies about LGBTQ people, that go viral on social media are creating real-world dangers, from legislation that harms our community to the recent threats of violence at Pride gatherings. Social media platforms are active participants in the rise of anti-LGBTQ cultural climate and their only response can be to urgently create safer products and policies, and then enforce those policies.”
GLAAD also released new data from a May 2022 study conducted with Community Marketing & Insights. 84% of LGBTQ adults agree there are not enough protections on social media to prevent discrimination, harassment, or disinformation. 40% of all LGBTQ adults, and 49% of transgender and nonbinary people, do not feel welcomed and safe on social media.
Additionally, the newly released 2022 ADL Online Hate and Harassment report found that 66% of LGBTQ users experienced harassment online, with 54% of LGBTQ users reporting severe harassment including sustained harassment, stalking, or doxxing.
In addition to the Platform Scorecard, GLAAD’s SMSI provides specific recommendations to each platform to improve LGBTQ safety.
Additional trends reported in the SMSI include:
● Anti-LGBTQ rhetoric on social media translates to real-life harm, including reported levels of increased severe harassment for LGBTQ users when compared to 2021.
● The problem of anti-LGBTQ hate speech and misinformation continues to be a public health and safety issue. Viral misinformation and inaccuracies have been cited as drivers of many of the nearly 250 anti-LGBTQ bills introduced in states around the country this year. Platforms are largely meeting this dangerous misinformation with inaction and often do not enforce their own policies regarding such content.
● Issues like the promotion of so-called “conversion therapy,” targeted misgendering and deadnaming, and lack of true transparency reporting, remain prevalent for select platforms. Only select platforms prohibit actions like targeted misgendering and the promotion of conversion therapy. These actions need to be prohibited across the industry.
● Companies possess the tools they need to effectively curb anti-LGBTQ hate and rhetoric but instead are prioritizing profit over LGBTQ safety and lives.
Recommendations across platforms include:
● Improve the design of algorithms that currently circulate and amplify harmful content, extremism, and hate.
● Train moderators to understand the needs of LGBTQ users, and to moderate across all languages, cultural contexts, and regions.
● Be transparent with regard to content moderation, community guidelines and terms of service policy implementation, and algorithm designs.
● Strengthen and enforce existing community guidelines and terms of service that protect LGBTQ people and others.
● Respect data privacy, especially where LGBTQ people are vulnerable to serious harms and violence. This includes ceasing the practice of targeted surveillance advertising, in which companies use powerful algorithms to recommend content to users in order to maximize profit.
The May 2021 inaugural edition of the Index was the first-ever and only tech-industry baseline of LGBTQ user safety. In this past year, GLAAD has worked with platforms and applauded major achievements within the tech accountability space, including TikTok’s amendment to its community guidelines in March 2022 in which an explicit prohibition against targeted misgendering and deadnaming was enacted, per the 2021 SMSI’s recommendation. As noted in this year’s SMSI, such a prohibition does not exist on Facebook, Instagram, or YouTube.
Congressional hearings, alarming research findings of the spread of misinformation, and massive media coverage have laid bare the urgent need for independent regulatory oversight of these companies — with virtually universal agreement about the need for industry-wide transparency and accountability. The GLAAD SMSI adds LGBTQ recommendations to this necessary and urgent dialogue.
“All platforms should follow the lead of TikTok and Twitter and should immediately incorporate an explicit prohibition against targeted misgendering and deadnaming of transgender and non-binary people into hateful conduct policies,” said GLAAD’s Senior Director of Social Media Safety, Jenni Olson. “This recommendation remains an especially high priority in our current landscape where anti-trans rhetoric and attacks are so prevalent, vicious, and harmful. We also urge these companies to effectively moderate such content and to enforce these policies.”
Read the entire report and its findings:
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.
That has now changed.
Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.
This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.
The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.
Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.
The issue lies in how the law is applied.
Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.
Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.
The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.
The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.
This case does not exist in isolation.
It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.
Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.
From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.
The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.
Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.
That process does not guarantee an immediate outcome, but it shifts the ground.
The debate is no longer theoretical.
It is now before the courts.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
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