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U.S. Senator: “Kids Online Safety Act” will target trans content

The lead sponsor stated in a video that it will be used to “protect minor children from the transgender in our culture”

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Sen. Marsha Blackburn (R- Tenn.) alarmingly made a candid statement about her goals for the legislation, stating it would be used to "protect minor children from the transgender [sic] in our culture." (Photo Credit: Office of Sen. Marsha Blackburn/Facebook)

Editor’s Note: The following is a news analysis piece and has been updated to include statements from the offices of U.S. Senator Marsha Blackburn (R-TN) and U. S. Senator Richard Blumenthal (D-CT) in response.

By Erin Reed | WASHINGTON – A bill with bipartisan backing is quietly making its way through Congress, and it could pose a significant threat to LGBTQ+ content online.

Officially named the Kids Online Safety Act (KOSA), the legislation ostensibly aims to limit minors’ access to social media, control the content they see, and enhance privacy and parental supervision features on social platforms.

However, certain provisions of the bill have alarmed LGBTQ+ advocates, who worry they could be exploited to censor LGBTQ+ material online. This concern has gradually been validated, as several key supporters of the bill have explicitly stated their intention to use its provisions to target such content.

Those concerns materialized this weekend, after a video was released in which the bill’s chief sponsor, Sen. Marsha Blackburn, alarmingly made a candid statement about her goals for the legislation, stating it would be used to “protect minor children from the transgender [sic] in our culture.”

First introduced in February 2022, KOSA gained little momentum until its recent reintroduction in May 2023. The bill boasts broad bipartisan backing, with 43 co-sponsors listed, including 21 Democratic Senators. Even President Biden has endorsed the legislation, emphatically stating, “Pass it. Pass it. Pass it.”

However, some of the bill’s provisions could easily have been penned by the most fervent anti-LGBTQ+ advocates who are pushing targeted legislation against transgender individuals in the U.S. this year. While many aspects of KOSA are commendable—such as incentivizing social media platforms to curb compulsive usage among minors and bolstering privacy protections—certain elements are ripe for exploitation against transgender content.

The section raising the most eyebrows is dubbed the “duty of care.” According to the bill, social media companies are required to implement measures to prevent and mitigate issues like “anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors.” Here’s a closer look at this section:

Although transition has been proven to improve mental health among transgender people and reduce the risk of suicide, Republicans in state legislatures across the United States this year have issued faulty arguments that being transgender “harms minors mental health” and that exposure to transgender content and people is dangerous. Later, the bill empowers state attorneys general to file suit to force compliance with the bill.

For those who have been monitoring the actions of state attorneys general in states with anti-transgender agendas this year, the potential weaponization of such legislation against transgender people is abundantly clear.

In 2022, Texas Attorney General Ken Paxton made headlines by issuing a directive to investigate all parents of transgender youth for child abuse, an action that nearly resulted in these children being removed from their families. Fortunately, the courts blocked this directive.

This year, Missouri Attorney General Andrew Bailey criminalized access to healthcare for transgender minors and many adults by decree, though many parts were blocked by the courts there as well. Recently, seven state attorneys general co-signed a letter arguing that LGBTQ+ merchandise could be classified as obscene and detrimental to minors. In Montana, a bill was nearly amended to ban “acts of transgenderism” on the internet as harmful to minors.

Given this context, it’s easy to foresee how they might wield the new bill to target transgender content online. This is not purely a matter of speculation. Anti-LGBTQ+ organizations have explicitly stated their intentions regarding the bill.

For example, in an article titled “How Big Tech Turns Kids Trans,” the Heritage Foundation voiced its support for the legislation. When advocates highlighted that this right-wing organization, already a staunch supporter of KOSA, advocated for using the bill in this manner, the Heritage Foundation doubled down. They stated, “Keeping trans content away from children is protecting kids. No child should be conditioned to think that permanently damaging their healthy bodies to try to become something they can never be is even remotely a good idea.”

In perhaps the clearest example of red flags against this law, one of the biggest sponsors of the bill, Senator Marsha Blackburn, stated that the bill would be used to “protect minor children from the transgender [sic] in our culture.”

See her quote here:

The preceding video was filmed earlier this year.

Even without targeted measures, the Kids Online Safety Act (KOSA) could have severely detrimental consequences for LGBTQ+ online content. Social media platforms are already known for self-censoring such content. Reports from GLAAD indicate that LGBTQ+ material often faces demonetization, removal, or shadow-banning.

Further complicating the issue, some content moderators work in social or cultural contexts where LGBTQ+ activities are either illegal or socially stigmatized. This situation frequently leads to insufficient training, resulting in the unwarranted suppression of legitimate LGBTQ+ content.

KOSA would institutionalize such practices, increasing the likelihood of such censorship. Given the risks of legal action from state attorneys general, platforms would likely engage in preemptive self-censorship of LGBTQ+ material.

Despite these alarming implications, opposition to KOSA has been surprisingly tepid, even among groups typically considered stalwart allies of the LGBTQ+ community. While several LGBTQ+ organizations did sign a letter opposing KOSA in 2022, opposition has largely waned since from these groups.

Internal sources at multiple LGBTQ+ organizations have informed me that their stances have moved to organizational neutrality. Moreover, a recent report from the LA Blade disclosed that in private discussions with key stakeholders, significant LGBTQ+ organizations such as GLAAD, GLSEN, and PFLAG have quietly withdrawn their opposition to the bill, citing “meaningful conversations from key allies.”

Given the rare bipartisan backing it enjoys, along with President Biden’s endorsement, KOSA warrants vigilant scrutiny. In an era where few legislative efforts garner cross-party support, the bill’s broad appeal makes it particularly noteworthy.

However, KOSA has also emerged as a troubling point of divergence, pitting LGBTQ+ activists against organizations meant to represent their interests, as well as Democratic officials who have otherwise been vocal critics of anti-LGBTQ+ legislation. This divide highlights the potential for a serious misstep by those who otherwise support transgender people and could result in significant harm for the community should it pass.

Editor’s note: The Office of Tennessee U.S. Sen. Marsha Blackburn emailed the Blade Sunday evening and disputed the veracity of the above article:

“This is false. These are two separate issues being taken out of context. KOSA will not — nor was it designed to — target or censor any individual or community,” said Jamie Susskind, Legislative Director, U.S. Senator Marsha Blackburn (R-TN).

On Monday, Connecticut U. S. Senator Richard Blumenthal emailed the following statement:

“The Kids Online Safety Act does not target or censor anyone, including members of the LGBTQ community. The Kids Online Safety Act was specifically drafted to narrowly target the real, deadly harms that children face online — eating disorders, suicide, and illicit drugs. Striking the right balance between supporting safe online spaces and protecting against toxic content targeting LGBTQ youth is very important to us, which is why my staff and I had extensive and collaborative conversations with stakeholders, including LGBTQ groups, to further clarify the legislative text so that it better reflects the intent of the bill. Those changes are reflected in the reintroduced version of the bill. We will always have an open door to communities and stakeholders who share our common goal of protecting kids from real harms online — and who want to hold Big Tech accountable.“

***************************************************************************

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.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

******************************************************************************************

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

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Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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Congress

51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left Venezuela after experiencing discriminatory treatment because of his sexual orientation and opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Los Angeles Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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Breaking News

Controversy brews in the City of Glendale over support of Pride event

Republican Mayor Ara Najarian pushes back on funding family-friendly Pride event

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GlendaleOUT poses for a photo. (Photo courtesy of glendaleOUT)

Over the last three weeks, glendaleOUT — a local LGBTQ group based in Glendale, California and city leadership have been at odds over securing financial support of a family-friendly Pride event set to happen on Saturday, June 7. As of Tuesday, Glendale’s city council voted 3-2 in favor of funding the event, ending a weeks-long argument over securing the funds.

The controversy began when the group highlighted how neighboring cities have visibly demonstrated support for Pride Month celebrations across the county, while the City of Glendale has yet to sponsor events with banners, city logos and financial sponsorship. 

Councilmember Dan Brotman proposed $5,000 in sponsorship funds, noting that the city has funded other cultural events with much larger amounts. 

Local leaders, but specifically Mayor Ara Najarian — who was just re-elected for a fifth term — are pushing back and opposing the proposal for funding. According to sources, Mayor Najarian openly opposed the proposal, stating a distant conflict of interest as the reason for the opposition. 

LGBTQ advocates have been quoted as saying this is a “bad-faith political tactic, not grounded in any real conflict of interest.” 

The next potential vote is expected to happen today at a city council meeting. Organizers say that the Pride event will happen regardless, but that they still hope to shed light on the patterns of sexual orientation-based discrimination in the city council. 

For more information about the free community Pride event, visit glendaleOUT’s website.

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California

LA County officially kicks off Pride Month with blessing from The Sisters of Perpetual Indulgence

‘This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm’

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The LA County Board of Supervisors and the LA County LGBTQ+ Committee gathered on Tuesday, June 3, to officially kick off Pride Month across the county with a blessing from The Sisters of Perpetual Indulgence, who purified the space with their sacred chicken, then led everyone in blessing the Progress Pride flag before raising it at the Kenneth Hall of Administration. 

“By raising this flag, the emblem of our souls and of our souls, of our love, of our survival, and of the gifts we offer to every Angeleno in this county — you all declare and you declare to everyone both here and abroad, that we are your people and you affirm that this is our home too,” said Sister Unity. “This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm.” 

LA County Supervisors and other community leaders gathered on Tuesday at the Kenneth Hall of Administration to raise the Progress Pride flag in honor of Pride Month. (Photo credit to Diandra Jay)

Supervisors Janice Hanh, Holly J. Mitchell, Lindsey P. Hovarth and Hilda L. Solis spoke on the importance of representation in the face of discrimination, homophobia and transphobia. 

Supervisor Hahn mentioned in her speech that her father, Kenneth Frederick Hahn designed the LA County flag and it was clear to her that he believed that a flag was more than just a piece of fabric. 

“My dad, the original Supervisor Hanh, designed the LA County flag and he understood that a flag is not just fabric. A flag is a symbol. It’s a visual representation of who we are, what we value and what we stand for.” 

Two years ago, Supervisor Hahn started the tradition to raise the flag alongside the one her father designed and then it was Supervisor Horvath who suggested that the Pride flag be flown on all county facilities across Los Angeles. 

“Now, in every corner of our vast county — from our lifeguard stations on our beaches, to every library, fire station — and may I add: all eight county buildings in the city of Downey. Wherever there is a county facility, the Progress Pride flag will send a clear, powerful message to our LGBTQ residents: ‘your county government unequivocally and unapologetically has your back.’”

The comment about the city of Downey is in regards to a controversial Pride flag ban that was enacted last year. 

Supervisor Hahn then introduced LA County Assessor Jeff Prang, one of the longest-serving, out, elected officials in the state of California. Due to his long history in government and as a member of the LGBTQ community, Assessor Prang helped launch the LA County LGBTQ Elected Officials Association with over 50 active members from all levels of government. 

“We are in a moment of crisis in the nation. Across the country, an extremist movement is working to dismantle LGBTQ rights — from banning books to criminalizing gender-affirming care, to silencing drag performers, to targeting our youth and families with cruelty disguised as policy,” said Assessor Prang. “These are not isolated incidents, this is a campaign of fear and repression.” 

Héctor Trinidad-Plascencia, the Chair of LGBTQ+ Commission, encouraged attendees who are not from the queer and trans communities, to remove the blockages that keep them from being in solidarity with queer and trans people. 

“With your solidarity, we are creating a different world together starting in our county home and for the nation to follow,” they said.

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White House

DOJ launches investigation into Calif. trans student-athlete policy

State AG vows to defend Golden State laws

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Justice Department (Bigstock photo)

One day after President Donald Trump threatened to strip California of “large scale federal funding” over its policy on transgender student-athletes, his Justice Department announced it is investigating the state for potentially violating Title IX.

“The investigation is to determine whether California, its senior legal, educational, and athletic organizations, and the school district are engaging in a pattern or practice of discrimination on the basis of sex,” the DOJ said in a statement. 

The DOJ said it notified State Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, the Jurupa Unified School District, and the California Interscholastic Federation of its investigation. 

AB Hernandez, 16, is an out trans female student-athlete at Jurupa Valley High School who qualified for this weekend’s state track and field championship. As the Los Angeles Blade reported earlier this week, the CIF announced a change in the rules at the finals to accommodate girls who were displaced by Hernandez, including giving medals to cisgender competitors who earn a podium spot should Hernandez place ahead of them.

“We remain committed to defending and upholding California laws and all additional laws which ensure the rights of students, including transgender students, to be free from discrimination and harassment,” said Bonta in a statement. “We will continue to closely monitor the Trump administration’s actions in this space.”

As KTLA reported, California is one of 22 states that allow trans student-athletes to participate in sports consistent with their gender identity. Former Gov. Jerry Brown signed that policy into law in 2013.

The DOJ announced it is also now supporting a federal lawsuit targeting Bonta and the state Department of Education, claiming that California law and CIF policy discriminate against cisgender girls by allowing trans female athletes to compete according to their gender identity. 

The lawsuit was filed by a conservative law group, Advocates for Faith and Freedom, representing the families of two girls at Martin Luther King High School in Riverside. Their suit claims the school’s cross-country team dropped one athlete from her varsity spot in favor of a trans athlete and that school administrators compared their “Save Girls Sports” T-shirts to swastikas.

Officials in Washington also weighed-in, referring to trans girls and women as “males.” 

“Title IX exists to protect women and girls in education,” said Assistant U.S. Attorney General for Civil Rights Harmeet K. Dhillon. “It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies.”

“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said U.S. Attorney Bill Essayli. “My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone — public officials included — from violating women’s civil rights.”

According to Gov. Gavin Newsom’s office, out of the 5.8 million students in California’s K-12 public school system, the number of active trans student-athletes is estimated to be in the single digits.

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Congress

Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador

Andry Hernández Romero is makeup artist from Venezuela

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.

The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”

“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.

The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.

The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”

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California Politics

Zbur continues fight for LGBTQ rights amid Trump attacks

He continues to cement a pro-equality legacy in state legislature

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Lindsay Melanie

Assemblymember Rick Chavez Zbur (D-51), 68, grew up in a rural farming community
surrounded by animals and land in Rio Grande Valley, New Mexico — ultimately becoming the first person in his rural community to attend an Ivy League university. 

Since then, he has continued to build his reputation as an advocate and as a
political leader in environmental justice and LGBTQ rights. 

Most recently, Zbur introduced Assembly Bill 309, which would support
California’s strategy to prevent the spread of HIV and viral hepatitis by preserving existing laws that increase access to sterile syringes at no added cost to the state. 

“Extensive research and data collection has repeatedly proven that increased access to sterile syringes significantly lowers rates of transmission and saves lives
without increasing rates of drug use,” said Zbur when presenting AB 309. 

He added that the average estimated cost for lifetime medical costs related to HIV treatment for one person is $326,500. “Syringe access not only saves lives, but it also saves individuals and the state from the steep cost of treatment,” he continued. 

As a gay man in the peak of the AIDS crisis, Zbur saw some of his own close friends become ill, motivating him to become an AIDS activist at a time when the federal government was failing to provide resources to the community that needed them the most. 

“Since I’ve been in the Assembly, I’ve always had a number of bills every year that focus on uplifting the LGBTQ community, as well as getting to zero, in terms of HIV — zero transmissions, zero deaths, zero stigma.”

Prior to this bill and a few others, Zbur also introduced AB 5, which he says was a culmination of eight years worth of work, from the time he started working for Equality California (EQCA), the state’s largest nonprofit organization dedicated toward advocating for LGBTQ civil rights.

AB 5, which was passed and is now known as the Safe and Supportive Schools
Act, is meant to improve the conditions for LGBTQ students in schools. 

“I think this bill has the most impact for LGBTQ youth and it’s the one I’m proudest of because it requires that every teacher in California schools has LGBTQ cultural competency training, to make sure that our schools are safe and supportive.”  Zbur, a longtime advocate for the LGBTQ community, has a long history of activism. 

In the early 1980s, Zbur campaigned for the fight against HIV/AIDS, helped found the Children Affected by AIDS Foundation and alongside the Los Angeles LGBT Center, organized fundraisers for Bill Clinton while he was governor of Arkansas, and Barbara Boxer, who was then running for U.S. Senate. 

“I think part of me coming out more publicly was due to the HIV epidemic and
the fact that I had friends that were getting sick,” he said. “I had a long-term boyfriend
back then and we started to get politically active, really trying to make sure that the
government was doing something about the HIV epidemic.”

He says that this is when he decided he was going to get Barbara Boxer elected, because she was the only Senate candidate during that time who was even mentioning the LGBTQ community. 

In 1996, Zbur ran for the United States House of Representatives in California’s 38th congressional district against Republican incumbent Steve Horn. He became the first openly gay non-incumbent congressional primary candidate to win an election when he won the Democratic primary election on March 26, 1996. 

During many years following that win, Zbur jumped into another pool of justice
fighting for environmental issues and then in 2014, joined Equality California as
executive director. Under his leadership, EQCA quadrupled in size, passed groundbreaking legislation to advance LGBTQ equality measures and sued the Trump-Pence administration twice, blocking attacks against the transgender community of California. 

In 2022, Zbur was elected to the California State Assembly to represent the 51st
Assembly District, a position he currently serves. He was appointed in July 2023 by
Assembly Speaker Robert Rivas to serve as the Democratic Caucus Chair of the California Assembly, one of the Speaker’s key leadership positions. During that time, he also led the advancement in civil rights and social justice for the many other marginalized communities within the LGBTQ umbrella, such as communities of color, communities of faith, immigrants women and people living with HIV. 

Zbur says that his work is never over. 

“We’re facing greater risks that are greater than I think we’ve faced in recent
years coming out of the [first] Trump administration. The targeting of transgender and
gender non-conforming people is an even greater part of his hostility toward our
community,” he said. “It’s very real, and we see that it’s not just rhetoric. He’s taking real
steps to try to shut down the healthcare that LGBTQ people and transgender people
need.”

Zbur says that he and the other members of the LGBTQ Caucus in Sacramento
are constantly thinking of those decisions and their repercussions. 

“I have another bill that is focused on helping transgender people get the
government documents they need, so they can protect themselves from the Trump
administration and so that they can travel easily to get medical care.” 

Zbur says that his own coming out story was positive, but he grew up in a time
where he did not know anyone who was out about their identity. He went through many
trials and tribulations to end up in a space where he was finally accepted. 

“For me, coming to terms with the fact that I was LGBTQ, was something that
took a number of years,” said Zbur. “The world was just a very different place back then
and the risks were high, coming out.” 

When he started his career as a lawyer, he became a partner in a law firm called
Latham and Walkins, where there was not a single person who was out. 

“I eventually came out when I was a fourth or fifth year associate and I became
the first out lawyer in the firm’s history, though there were other gay lawyers at the firm.”
Now, at 68, Zbur says that his only regret is that he lived in the closet for too long.

“When I look back at the things I regret, it’s that I lived in the closet for as long as
I did,” he said. “That is a very limiting thing that I think doesn’t allow your soul or your
spirit to flourish.”

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California Politics

Governor Newsom supports bill to put LGBTQ helpline number on student ID’s

AB 727 would put the number for The Trevor Project on the back of students ID cards

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Gov. Gavin Newsom expressed support for LGBTQ suicide hotline measures for K-12 students in direct response to recent reports that Secretary of Health and Human Services Robert F. Kennedy Jr’s., plans to cut funding for the national nonprofit that provides the resource to LGBTQ people.

“Cutting off kids’ access to help is indefensible. While the Trump administration walks away from its responsibility, California will continue to expand access to life-saving resources, because the life of every child — straight, gay, trans — is worth fighting for,” said Gov. Newsom. 

Assembly Bill 727, introduced by Assemblymember Mark González, would aim to facilitate pupil and student safety by requiring schools and institutions to have the telephone number and text line for a specified LGBTQ suicide hotline provided by The Trevor Project, that is available 24 hours per day, 7 days per week. 

Existing law that will be enforced July 1, 2025, requires a public or private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards to have printed on the identification cards the number for the 988 Suicide and Crisis Lifeline. 

This bill would additionally require the list of K-12 public schools and institutions to provide support to youth and their families who have been subjected to school-based discrimination, harassment, intimidation or bullying on the basis of gender identity, sexual orientation or gender expression. 

Conservative organizations like the California Family Council are pushing back on this bill, stating that this bill is “forcing LGBTQ advocacy on every student ID — no exemptions for religious schools,” and saying it “undermines families.” 

A national 2024 survey by The Trevor Project on mental health of LGBTQ young people, reports that 1 in 10 young LGBTQ-indetifying people in the United States attempted suicide in 2023. Over a third of LGBTQ young people seriously considered suicide within the past year and that figure was even higher for trans and nonbinary-identifying youth, with that figure being  46%. 

The survey also found that half of LGBTQ youth who wanted mental health resources and care could not get them. Over 50% of survey respondents answered “a lot” when asked about how often recent politics negatively impact their well-being. 

The Trevor Project is one of the nonprofit organizations that is currently at high-risk for losing their funding under Trump’s budget cuts. 

The phone number to call for help is 1-866-488-7386 and the number to text for help is 678-678, or you can send them a message at the site link.

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Congress

Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker

Congressman Robert Garcia led delegation

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.

The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Garcia told the Los Angeles Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.

“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.

The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”

“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

The U.S. Embassy in El Salvador in 2023. (Photo courtesy of the U.S. Embassy of El Salvador’s Facebook page)

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.

“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”

Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.

Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.

Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.

Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.

“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

President Donald Trump greets Salvadoran President Nayib Bukele at the White House on April 14, 2025. (Public domain photo)

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.

“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”

The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.

“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.

The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.

“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”

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EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Los Angeles Blade.

Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.” 

Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.

In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.  

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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