Legislation meant to protect minors on social media platforms could be voted on in Washington this week. But some in New Mexico's LGBTQ community worry it could also target them.
The Kids Online Safety Act bill has received bipartisan support, even though one author -- Sen. Marsha Blackburn, R-Tenn., who consistently votes against gay rights -- has suggested it could be used to steer kids away from seeing transgender content online.
Elijah Valdez, community organizer with Equality New Mexico, said the bill's vague language is concerning.
"I think the overall bill may have good intentions, but it also has significant harm that can be brought to it with the current way it's written," he said. "Oddly enough, the act is currently attached to a Federal Aviation Administration reauthorization bill up before the Senate. A revised version of the act narrows the ability to weaponize the legislation by an attorney general, but the ACLU says it's still 'internet censorship' that could harm the communities it claims to protect.
The Kids' Online Safety Act would establish a "duty of care" for covered platforms, which means they'd be mandated to "exercise reasonable care" to reduce harm to children. LGBTQ and reproductive rights groups say that phrase, "duty of care," means a future Federal Trade Commission could still use the act to pressure platforms to filter controversial topics such as transgender issues and abortion -- claiming such content could lead to anxiety or depression or other mental-health issues.
Valdez said he had the opposite experience.
"I grew up as a queer, trans youth in a rural community, where the internet was really what I needed to access -- really life-saving information around gender-affirming care and what it means to be LGBTQ," he said.
Late last year, parents of transgender kids sent a letter urging the U.S. Senate to oppose the Kids Online Safety Act, saying internet restrictions would cut off children from "life-saving online resources and community."
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A California nonprofit dedicated to helping transgender and gender-nonconforming people find good jobs is looking to expand its mission in 2025, back from the brink of closure last year.
Trans Can Work, based in Los Angeles, shut down last January when its funding fell through and reopened in June thanks to a 3-year grant from the James Irvine Foundation.
Toni Newman, board chair of the group, said the trans community suffers from extremely high rates of unemployment.
"Every American, regardless of who they are -- race, age, and gender -- should be able to get a job in America that they're qualified for and have some type of economic security," Newman contended. "Why are our numbers so high, at 65% living at the poverty level or below? Just because we are different? That's un-American, and it's wrong."
A 2021 study from the McKinsey company found transgender adults are twice as likely as their cisgender peers to be unemployed. When they do find a job, they make 32% less money per year, even with similar or higher education levels. They also found more than half of transgender employees said they are not comfortable being "out" at work. And two-thirds remain in the closet in professional interactions outside their own companies.
Newman noted the job center's goal for 2025 is to place at least 500 clients in new careers.
"We help you with your resume, help you with your clothing, help you to get ready for the interview, get you a laptop if you need a laptop," Newman outlined. "Then walk you into the interview and help place you in the job."
Trans Can Work also receives support from the Transgender, Gender Diverse, and Intersex Wellness and Health Equity Unit of the California Department of Public Health.
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The Nebraska Legislature kicks off its new session a few weeks from today and issues related to gender identity are likely to be part of the mix.
LGBTQ+ advocates said they are in familiar territory, trying to establish a voice in the debate. Last year, a Nebraska bill to ban transgender students from playing school sports consistent with their gender identity narrowly failed. Republican Gov. Jim Pillen said he will try again this year.
Grant Friedman, legal fellow for the ACLU of Nebraska, said anyone opposed should try to set aside time with lawmakers to explain their concerns. From his perspective, Friedman argued policymakers should know other matters need attention.
"Getting folks to realize they're there to make Nebraska a better place for everyone and focus on the issues that need to be dealt with," Friedman urged. "Not kind of these 'fringe' issues that are being blown out of proportion across the country."
With Nebraska's budget on shaky ground and the need to address affordable housing gaps, he said advocates can pinpoint a number of topics they want lawmakers to look at instead. Polls show most Americans oppose transgender restrictions but Republicans' recent campaign messages have found some captive audiences. Backers of the bills said their mission is to protect students and families.
The ACLU is part of a coalition including OutNebraska, serving as a guide for LGBTQ+ individuals navigating a divisive political environment. Friedman emphasized local government is an avenue to push for protections if state and federal lawmakers are not showing a collective interest in advancing the rights of the LGBTQ+ population.
"The three areas in which you tend to see your city protections are going to be workplace, housing and public accommodations," Friedman outlined.
Friedman added they have found some allies among faith leaders willing to push for unity as marginalized communities fall under the political spotlight. Groups like the Trevor Project said bills deemed hostile toward LGBTQ+ populations can have a damaging effect on the mental health of community members.
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Inauguration Day is still five weeks away and gay married couples are already watching for signs conservative lawmakers and the courts may attempt to turn back the clock.
In Obergefell v. Hodges, the Supreme Court ruled in 2015 it was unconstitutional to prohibit same-sex marriage.
Marshall Martinez, executive director of the advocacy group Equality New Mexico, said it is concerning two justices have publicly suggested the 2015 court decision should be re-litigated but encouraging Congress passed the "Respect for Marriage Act" in 2022.
"What we know right now, even if Obergefell is overturned, as long as New Mexico maintains the legalization of same-sex marriages, the federal government will still recognize those New Mexicans' marriages," Martinez outlined.
In supporting the high court's decision to overturn abortion rights in 2022, Justice Clarence Thomas said the court also should revisit the same-sex marriage decision. Justice Samuel Alito has also criticized the landmark ruling. President-elect Donald Trump did not make marriage equality a campaign issue but has surrounded himself with anti-LGBTQ+ staff and appointees.
Martinez reported within the first two days after the Nov. 5 election, LGBTQ+ crisis lines in the U.S. experienced a 700% increase in calls from people concerned about what the outcome might mean for those who identify as gay. He stressed fear and anxiety are premature.
"We're not going to sugarcoat it forever but we have been saying, 'It's not time to panic,'" Martinez explained. "And what we mean by that is we don't know what's going to happen yet. We have some ideas of what they might want to do but we don't know and there's nothing helpful about sort of sitting around in despair and panic, trying to anticipate the worst-case scenario."
Martinez believes some conservative states will continue to criminalize the LGBTQ+ community through bans on gender-affirming care, while others worry newly appointed Trump officials will attempt to slash federal funding for HIV prevention and treatment.
Disclosure: Equality New Mexico contributes to our fund for reporting on Civil Rights, Human Rights/Racial Justice, LGBTQIA Issues, and Social Justice. If you would like to help support news in the public interest,
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