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  • Here are 300 of extreme anti-LGBTQ group Alliance Defending Freedom's reported 3,300 allied attorneys

    Blog ››› ››› MEDIA MATTERS STAFF


    Melissa Joskow / Media Matters

    Extreme anti-LGBTQ group Alliance Defending Freedom (ADF) regularly touts its network of over 3,300 allied attorneys, who apparently agree with the organization’s anti-LGBTQ statement of faith and provide pro bono legal support on behalf of the group, but only a fraction of those allies are easily identifiable online. ADF has also removed mentions of U.S. Solicitor General Noel Francisco as an allied attorney from its website, adding to the program’s opacity. As ADF has no easily accessible record of its allied attorney network, Media Matters has compiled a list of nearly 300 of the attorneys by sifting through dozens of press releases and other posts on the group’s website.

    ADF is one of the largest and most powerful anti-LGBTQ groups in the nation and has played a role in over 50 Supreme Court decisions, including cases regarding abortion, religion, tuition tax credits, and LGBTQ issues. The legal powerhouse has taken dozens of extreme anti-LGBTQ positions, such as supporting Russia’s so-called “gay propaganda” law, defending the discredited and dangerous practice of conversion therapy, advocating against adoption and foster care by LGBTQ people, and supporting policies that ban trans people from using facilities that align with their gender identity. To advance its mission, ADF uses its more than $50 million in revenue to provide attorneys with “the resources, training, and support they need to stand boldly for religious freedom, the sanctity of life, and marriage and family.”

    ADF has built a vast alliance of lawyers and supporters through its legal and religious training programs, and the group has what it calls a “powerful global network” of over 3,300 “allied attorneys.” These allied attorneys receive opportunities for funding, access to ADF’s legal resources, and additional training opportunities in exchange for a commitment to provide pro bono service, such as litigation support, media work, and aid to legislators and policymakers. ADF can activate these attorneys when it learns about LGBTQ-related events and, with their help, quickly involve itself in matters reaching down to the local level. In turn, these attorneys can also alert ADF to LGBTQ-related matters in their localities and bring the force of a national group to their backyards.

    ADF’s influence is widespread; the organization has dozens of alumni and allies in influential government positions across the country. But ADF operates with an extreme lack of transparency, particularly regarding its allied attorneys, who often do not publicly identify themselves as such. It has even previously retracted its affiliation with a high-profile figure who it had reported as an ally.

    A 2017 investigative report by Sarah Posner in The Nation identified Noel Francisco, the Trump-Pence administration's solicitor general, as an ADF allied attorney, citing two different ADF press releases explicitly stating that Francisco is one of “more than 3,000 private attorneys allied with ADF.” After publication, however, an editor’s note was attached noting that ADF “contacted The Nation, claiming that Francisco has never been an allied attorney” and calling it “our mistake” because its “media dept. got it wrong.” ADF promptly rewrote its press releases but did not issue corrections on either of them.

    In the update, The Nation reported that ADF claimed in its email about Francisco that “its allied attorneys are not required to agree to the statement of faith [The Nation] found linked to within ADF’s FAQs about applying to the program.” The update continued:

    That statement of faith includes a commitment to believing in the divinity of Jesus Christ, that God designed marriage for one man and one woman, and that homosexual behavior is “sinful and offensive to God.” Later in the day, that FAQ page, too, was changed. It had read, “The application requires affirmation of agreement with our statement of faith,” linking to the statement we quoted in the story [see screenshot here]. ADF’s website now omits that clause, reading only, “You become a part of the ADF Attorney Network by formally applying and being accepted as an Allied Attorney.” But the link on the web page, before it was changed yesterday, took one to the same statement of faith that employees must agree to.

    The actual application page, however, still states that you can become an allied attorney by “filling out an application online and agreeing to a statement of faith.”

    These discrepancies underscore the opacity surrounding both ADF’s network of allied attorneys and the process involved in becoming one. Testimony from a recent judicial nominee only adds to this confusion. In submitted answers to the U.S. Senate Committee on the Judiciary, federal judge nominee Jeremy Kernodle stated that he was an allied attorney with ADF on a 2017 case. In response to follow-up questions, Kernodle clarified that he “did not apply or request to be an ‘allied attorney’ with ADF"; “discovered that ADF had listed [him] as an ‘allied attorney’” when he began preparing responses to the questionnaire; and was “not certain when that first occurred.”

    ADF’s lack of transparency around its allied attorney program is particularly troubling given the group’s widespread influence. Media Matters has compiled a list of nearly 300 allied attorneys identified in various places on ADF’s website -- but this is only a small fraction of the 3,300 allied attorneys whom ADF claims are in its network. It is unclear whether ADF’s allied attorneys remain as such for life or whether the 3,300 number includes former allied attorneys, some of whom could have cut their official ties with the group with no public record. It is imperative that media include this context when reporting about these attorneys or their involvement in LGBTQ issues and other human rights matters.

    There are several notable allied attorneys on this list, including multiple state attorneys general, lawyers at major firms, and legislators

    Allied attorneys are serving in positions across all three branches of the federal government and within state governments:

    • In Congress, allied attorney and former ADF lawyer Mike Johnson currently represents the 4th District of Louisiana in the U.S. House of Representatives. Johnson was previously a state representative and sponsored a religious exemptions bill that would have made it easier to discriminate against LGBTQ people.

    • Trump-appointed federal Judge Kyle Duncan, the former general counsel for Becket Law, has also been labeled an allied attorney and has a history of opposing LGBTQ equality. While at Becket, which has represented anti-LGBTQ clients in the past, Duncan authored an amicus brief for the Supreme Court opposing marriage equality and was counsel in a case almost heard by the Supreme Court supporting a school’s discriminatory anti-trans bathroom policy.

    • Kerri Kupec, former ADF legal counsel and director of communications, currently serves in the executive branch as director of the Office of Public Affairs at the Department of Justice and has defended the Trump administration’s policy of prohibiting transgender people from serving in the military.

    • ADF allied attorneys also serve as attorneys general -- or in their offices -- in states across the country, including Alaska, Arizona, Montana, Nevada, and Texas. In particular, allied attorneys Kevin Clarkson and Timothy Fox serve as the attorneys general of Alaska and Montana, respectively. ADF has also labeled Nevada Solicitor General Lawrence Van Dyke an allied attorney.

    ADF’s allied attorney network also extends to influential private law firms:

    • Allied attorney Tim Swickard is a shareholder at Greenberg Traurig. Greenberg Traurig “placed 14th on The American Lawyer's 2018 Am Law 200 ranking” according to law.com, and “ranked as the 19th highest grossing law firm in the world” on the 2018 Global 200 Survey, bringing in $1,477,180,000 in gross revenue. According to the firm's website, it also “received the most overall first-tier rankings in the U.S. News – Best Lawyers ‘Best Law Firms’ report” for eight years in a row. In 2011, Swickard worked with ADF in a case against University of California-Davis, with ADF claiming the university’s religious nondiscrimination policy explicitly discriminated against Christian students because it focused on “institutionalized oppressions toward those who are not Christian” and “to those who do not practice the dominant culture’s religion.”

    • Allied attorney Jay T. Thompson is a partner at Nelson Mullins, which “placed 87th on The American Lawyer's 2018 Am Law 200 ranking” according to law.com, and “ranked as the 110th highest grossing law firm in the world” with $405,426,000 in gross revenue. According to Nelson Mullins, Thompson “devotes time in his legal practice to the protection of religious liberties” which is consistent with Thompson sending letters on behalf of ADF supporting prayer before public meetings in South Carolina after some organizations complained that the prayers violated the rights of non-religious attendees and others.

    • Allied attorney Nathan Adams IV is a partner at Holland & Knight, which “placed 42nd on The American Lawyer's 2018 Am Law 200 ranking” according to law.com, and “ranked as the 52nd highest grossing law firm in the world” with $848,191,000 in gross revenue. Holland & Knight’s website says that Adams has experience with litigation involving religious organizations, including the Religious Freedom Restoration Act. Similar religious-exemption bills are often pushed by ADF at the state level and can be used to deny LGBTQ people equal access to the marketplace and other areas of public life based on religious grounds. As an allied attorney, Adams filed a motion on behalf of five religious institutions in Florida seeking state funding.

    • Allied attorney Rob McCully is a partner at Shook, Hardy & Bacon, which “placed 99th on The American Lawyer's 2018 Am Law 200 ranking” and “ranked as the 130th highest grossing law firm in the world” with $350,700,000 in gross revenue. McCully has experience with litigation involving “government enforcement matters,” and he co-wrote an amicus brief for ADF arguing that the Federal Communications Commission should have been able to censure “indecent language broadcast during Fox’s televised Billboard Music Awards” after an appellate court overturned the censure.

  • Arizonans have unwittingly given anti-LGBTQ group Alliance Defending Freedom over $1 million

    As local and national media shine a spotlight on an Arizona law directing specialty license plate fees to ADF, the extreme anti-LGBTQ group went straight to a friendly right-wing media platform

    Blog ››› ››› KAYLA GOGARTY


    Sarah Wasko/Media Matters

    A recent open records request revealed that the state of Arizona has quietly given extreme anti-LGBTQ group Alliance Defending Freedom (ADF) more than $1 million over the last 6 years through sales of the state’s “In God We Trust” specialty license plates.

    The plates were created in 2008 to fund state highways and road maintenance, but state legislators amended the original law in 2011 to send donations to the then-unnamed nonprofit that paid to design the specialty plate -- which newly released public records revealed to be ADF. Two of the legislators who sponsored bills amending the law were previously represented by ADF in court.

    Local and national media have shined a spotlight on the funding after advocacy organizations uncovered the story, but ADF went to right-wing PJ Media to defend itself without explaining the lack of transparency around the practice.

    Open records request reveals that ADF has raised over $1 million dollars from the sale of “In God We Trust” license plates in Arizona

    According to a PinkNews report, a public records request found that ADF has received over $1 million from the sale of nearly 60,000 “In God We Trust” license plates “without being disclosed to people who buy the license plates.”

    The Arizona Department of Transportation (ADOT) lists the specific recipient or cause for dozens of specialty license plates available to Arizona drivers, but it does not disclose ADF as the recipient for donations from the “In God We Trust” plates. Instead, ADOT’s ServiceArizona website states that donations from the sale of the specialty plates go “to promote the national motto ‘In God We Trust,’ 1st amendment rights and the heritage of this state and nation.” But data obtained through an open records request by the Secular Coalition for Arizona and American Atheists indicate that ADF has been the recipient for the last six years. These groups have launched a campaign to raise awareness of ADF’s involvement and to give Arizonans the opportunity to report if they have inadvertently donated to ADF.

    Arizona is one of at least 20 states with the option to purchase a specialty license plate with the motto “In God We Trust,” and Mississippi included the motto on the state’s regular license plates beginning last month. This is part of a broader state-level strategy known as “Project Blitz” that seeks to advance anti-LGBTQ policies by introducing dozens of seemingly innocuous state-level bills, such as those that publicize the “In God We Trust” motto, alongside more extreme measures.

    Other states also donate a portion of the fees from sales of “In God We Trust” license plates to nonprofit organizations, but unlike Arizona, those states do note the specific beneficiaries. For example, Texas license plate donations go to the Texas Veterans Commission, and Florida plate sales benefit the In God We Trust Foundation. However, even these seemingly transparent donation policies can hide ties to extreme anti-LGBTQ groups -- the advisory council of the In God We Trust Foundation includes the Florida Family Policy Council, which is headed by ADF allied attorney John Stemberger.

    ADF is one of the largest and most powerful anti-LGBTQ groups in the nation. The legal powerhouse has taken dozens of extreme anti-LGBTQ positions, such as supporting Russia’s so-called “gay propaganda” law, defending the discredited and dangerous practice of conversion therapy, advocating against adoption and foster care by LGBTQ people, and supporting policies that ban trans people from using facilities that align with their gender identity. The group operates with an extreme lack of transparency, particularly regarding its network of over 3,300 allied attorneys, who often do not publicly identify their affiliation with ADF. ADF also has alumni and allies in influential government positions across the country, including state attorneys general and their staffs.

    Two Arizona legislators who sponsored bills amending the law to benefit ADF were also previously represented in court by ADF

    When Arizona created “In God We Trust” plates in 2008, the legislation specified that $17 from sales of each plate that did not go to administrative fees “would go not to a particular group but to the state highway fund to build and maintain roads,” according to the Arizona Daily Sun. In 2011, however, the state legislature passed three bills that included amendments to the law that allow the plate’s financial sponsor to receive those donations instead of the state highway fund. As the recently released documents revealed, that beneficiary is ADF.

    Arizona state Sen. Linda Gray sponsored two of the bills including language amending the previous law to direct funds to ADF, and Rep. Nancy Barto was listed as a sponsor of the third. Before sponsoring these bills, both Republican legislators were ADF clients in lawsuits involving a 2009 law that made it harder to receive an abortion in the state.

    ADF turned to right-wing outlet PJ Media to claim it welcomes transparency despite accepting these hidden donations for over 6 years

    In response to media coverage of Arizonans unwittingly donating to ADF through license plate sales, the group turned to right-wing outlet PJ Media to present its side of the controversy. PJ Media’s coverage has been friendly to ADF in the past, and ADF has given the outlet exclusive quotes on other issues as well.

    PJ Media claimed that “ADF may welcome the transparency” but is opposed to legislation that would prevent ADF from receiving donations from the plate. Additionally, ADF’s remarks to PJ Media seemed to focus on its designation as a “hate group” by the Southern Poverty Law Center rather than addressing any of the group’s discriminatory anti-LGBTQ positions or why it was never publicly listed as the beneficiary of donations from the plates. ADF did not appear open to transparency during the six years it was secretly receiving money from the program.

    Right-wing evangelical outlet CBN News used the story to push the false premise that LGBTQ people and Christians are at odds with one another, calling it “the latest salvo of the culture wars pitting the LGBTQ community against Christians.” The post described ADF as “a group that advocates for religious freedom in the courts, and Christians are frequently the targets of LGBTQ activists in those cases.”

    Pitting religious people against LGBTQ folk is a false dichotomy, as a majority of religious groups believe that homosexuality “should be accepted.” Similarly, many religious Arizonans who have bought an “In God We Trust” license plate likely would not support ADF’s extreme anti-LGBTQ agenda. In fact, nearly 1,300 individual leaders from various faiths signed on to an amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission against ADF’s client Jack Phillips, a baker who refused to make a wedding cake for a gay couple. The brief argued that public accommodation laws should protect LGBTQ people and “be applied on the basis of religiously neutral principles of equal protection under the law.

    Some religious leaders in Arizona have already started speaking out after learning that ADF benefited from sales of the license plates, including David Felten, a pastor at Fountain Hill United Methodist Church:

    This is not just an abstract violation of church-state separation. It’s a very real rejection of Arizona’s LGBTQ people by the very government that is supposed to impartially support and protect all of its citizens.

    As part of the campaign by Secular Coalition for Arizona and American Atheists, Arizonans can report if they inadvertently donated to ADF through the program but do not support its agenda. Additionally, Democratic state Sen. Juan Mendez has proposed one bill that would “require ADOT to more fully disclose where the money from specialty plates goes” and another bill that would “eliminate the ADF plate.”

    Additional research by Brennan Suen

  • Anti-LGBTQ attacks against high-profile queer Americans should be a wake-up call to everyone

    The community has been struggling with increasing violence for years, and two recent attacks show that none of us is safe

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    The threat of violence and harassment is nothing new for those in the LGBTQ community, particularly those who are trans or people of color. We know that our safety is at risk when we hold hands in public; queer sex workers know they risk their lives just by going to work; trans women of color know that they could be killed at any time just for existing in public. The list goes on. But after two reports of high-profile queer people being beaten or harassed for their identities in the past week, it seems like everyone else might finally be waking up to the reality that their LGBTQ friends and family are simply not safe.

    In the early hours of January 29, two people reportedly physically attacked Empire actor Jussie Smollett -- a gay Black man -- while “yelling out racial and homophobic slurs towards him,” according to police. And on January 30, anti-trans so-called “feminists” barged into a meeting and recorded themselves repeatedly harassing and misgendering high-profile trans activist and author Sarah McBride, the national press secretary for the Human Rights Campaign (HRC).

    Smollett’s attack has been significantly covered in news media, and rightly so. But there is also Candice Elease Pinky, the Black trans woman who was shot in a Texas gas station parking lot on January 24, and Dana Martin, the first reported trans woman to be killed in the United States in 2019. According to HRC, there were “at least 26 transgender people fatally shot or killed by other violent means” in 2018. And in 2017, there were “a total of 52 reported anti-LGBTQ homicides,” according to a report by the National Coalition of Anti-Violence Programs (NCAVP); that number reflected a staggering 86 percent increase in single-incident reports from the previous year. This violence is most frequently targeted toward trans women of color, but even homicides of queer cisgender men went up from four to 20 between 2016 and 2017 -- a fivefold increase.

    But many Americans who are LGBTQ allies had no idea. In 2018, Media Matters published a yearlong study of TV news coverage of those 52 homicides in 2017, and what we found shows why Smollett’s attack may have been such a wake-up call for so many: The media was barely touching these stories. Throughout a year of coverage, seven networks discussed anti-LGBTQ violence for less than 40 minutes total -- and a quarter of that discussion came from Fox News, which regularly traffics in anti-LGBTQ animus.

    And it’s not just physical violence that we should be talking about. The majority of LGBTQ Americans, like McBride, “have experienced some form of harassment or discrimination due to their sexual orientation or gender identity.” A 2017 Harvard study put numbers to it:

    Regarding individual forms of discrimination, a majority of all LGBTQ people have experienced slurs (57%) and insensitive or offensive comments (53%) about their sexual orientation or gender identity. A majority of LGBTQ people say that they or an LGBTQ friend or family member have been threatened or non-sexually harassed (57%), been sexually harassed (51%), or experienced violence (51%) because of their sexuality or gender identity.

    During Smollett’s attack, the assailants reportedly yelled, “This is MAGA country.” This sentiment should not be a surprise; it has come straight from the top. President Donald Trump has regularly used his office as a platform to bully and demean others, and his followers have become emboldened. Bullying is increasing; right-wing extremists are circulating liberals’ private information “to encourage harassment or violence”; and right-wing terrorism remains the biggest national security threat. All this while, as trans advocate Brynn Tannehill explained, right-wing media have been inciting violence against transgender people by demonizing them as a threat to women and children as well as U.S. national security, even sometimes hinting that violence is "an appropriate response to encountering transgender people in public."

    But there is another group of people who claim to be liberal and feminist yet also pose a direct threat to the LGBTQ community. “Trans-exclusionary radical feminists,” also known as TERFs, are anti-trans activists who claim that transgender people threaten the safety of cis women, and they are behind the targeted harassment and misgendering of Sarah McBride.

    TERFs have worked for years to dehumanize transgender people and to exclude trans women from female spaces and the broader movement for women’s equality, and they have increasingly cozied up to the right to do so. On January 28, just days before two TERFs harassed McBride on video, the right-wing Heritage Foundation hosted a panel of anti-trans activists “from the Left” to argue against a bill that aims to include “sexual orientation” and “gender identity” in current nondiscrimination laws. Introducing the panel, vehemently anti-trans researcher Ryan T. Anderson made it clear that combating trans equality is a value the right shares with TERFs, and they are willing to work together despite their differences on other issues. Heron Greenesmith, researcher at the think tank Political Research Associates, described the alliance between the right and TERFs to NBC News:

    “They are capitalizing on a scarcity mindset rhetoric … saying there aren’t enough rights to go around, and therefore we must prioritize cis women over everyone else,” Greenesmith said, referring to nontransgender women. “That’s right out of the right’s playbook, when they say, ‘Let’s prioritize citizens over noncitizens, let’s prioritize white people over people of color.’”

    Anti-trans harassment is another piece of the right-wing playbook that TERFs have capitalized on. The two TERFs who interrupted McBride during a private meeting -- Posie Parker and Julia Long, who identifies as a lesbian -- repeatedly misgendered her on video, describing her as “male,” and pushed myths about trans-inclusive facilities being a safety risk for cisgender women. According to PinkNews’ report, Parker had also been at the Heritage Foundation just days before its panel, though she denied involvement with the January 28 event.

    The attacks on Smollett and McBride should serve as a wake-up call for the rest of the country. Black queer folk, transgender people, queer immigrants, and those at the intersections of these identities have been living with this fear and pain for years, and it has shown no sign of getting better. The right has been emboldened to enact violence and harassment against the LGBTQ community, and it is actively trying to fracture our community by teaming up with TERFs. In fact, this alliance has given this strategy a name: “divide and conquer.” One anti-trans activist said, “If you separate the T from the alphabet soup, we’ll have more success.”

    But we will not be fooled, and we will not be divided. Queer equality and liberation are nothing if they are not intersectional. As the last week has shown, if one of the community’s most beloved actors can’t walk home without experiencing racist and homophobic violence, and one of our most effective advocates can’t go to work without being targeted for harassment, then none of us is safe.

  • Anti-trans activists “from the Left” joined right-wing Heritage Foundation to rail against trans people

    Trans-exclusionary radical feminists, or TERFs, use a veneer of progressivism and feminism to advocate against trans equality

    Blog ››› ››› BRIANNA JANUARY


    Media Matters / Melissa Joskow

    On January 28, the vehemently anti-LGBTQ advocate Ryan T. Anderson hosted a panel attacking the Equality Act, a bill that would add “gender identity” and “sexual orientation” to existing nondiscrimination laws, and the talk featured several “trans-exclusionary radical feminists,” or TERFs. TERFs claim trans identities threaten women’s safety and equality and actively work to deny their existence and rights. During the event, the panelists, who were identified as "from the Left," demeaned transgender people and used anti-trans language, with one saying, “It’s not a fucking ‘she’” in reference to transgender women.

    The event was held at the Heritage Foundation, a conservative think tank that has railed against LGBTQ equality for decades. The New York Times has written that the group is “stocking Trump’s government,” including by recommending “some of the most prominent members of Trump’s cabinet.” Anderson, a senior research fellow, is one of the group’s most vocal anti-LGBTQ figures. He wrote an entire book dedicated to denying trans identities and reportedly helped craft the Trump-Pence trans military ban.

    TERFs, who often refer to themselves as “gender-critical” or “radical feminists,” are anti-trans activists who are becoming increasingly visible. They have historically opposed trans-inclusive measures and denied trans identities. In 2018, TERF groups throughout the United Kingdom lobbied against improving the country’s Gender Recognition Act of 2004, a “piece of legislation regulating how trans people can legally change [their] genders” that currently “requires trans people to jump through numerous hoops to ‘prove’ that” they are trans. TERFs have cited the thoroughly debunked myth that allowing trans people, in particular trans women, to access restrooms and other facilities that align with their gender identity poses a threat to women’s safety.

    The Heritage Foundation panel identified its panelists as people “from the Left” who disagree with the Equality Act. One panelist, Hacsi Horvath, an adjunct lecturer at the University of California, San Francisco, says he formerly identified as transgender. His work also appears on 4thwavenow, an anti-trans online community that was critical in the creation and spread of the flawed concept of rapid-onset gender dysphoria (ROGD). The theory posits that trans teens are coming out as such due to “social contagion,” but it relies on a study with a shoddy methodology that is under review by the academic journal that published it. Though all the Heritage panelists advocated against accepting trans identities -- and some even referred to the Gender Recognition Act as the “Women Erasure Act” -- Horvath made some of the most extreme anti-trans statements throughout the event.

    From the January 28 Heritage Foundation panel “The Inequality of The Equality Act: Concerns from the Left”:

    HACSI HORVATH (PANELIST): We have to get this gender identity out of the Equa -- the Women Erasure Act. But also, … I don’t play along. I don’t say “trans woman.” I don’t say “she, her.” I don’t care if it hurts their feelings. This is reality, and it gaslights everybody else if we have to -- it gaslights yourself. And you begin to internalize it, like, “OK, she” -- it’s not a fucking “she” -- sorry. I can’t help it. It’s -- just say it in reality, English language, what is happening here, and don’t play along with it. So, I just don’t play along. I won’t.

    The act of misgendering -- which LGBTQ-inclusive education advocacy organization GLSEN defines as “the experience of being labeled by others as a gender other than one that a person identifies with” -- is considered harassment, and it stigmatizes trans people, lowers their self-esteem, and erases and invalidates their identities.

    Horvath also parroted 4thwavenow’s messaging on ROGD, calling it a “mass craze” and saying trans identities are “the new eating disorder” or “the new goth.”

    Julia Beck, another panelist at the Heritage event, was removed from Baltimore’s LGBTQ Commission in 2018 after other members became aware of her anti-trans animus. Two other panelists, Kara Dansky and Jennifer Chavez, are board members of the TERF organization Women’s Liberation Front (WoLF), which has teamed up with extreme anti-LGBTQ group Alliance Defending Freedom (ADF) in an ongoing court case that seeks to dismantle a trans-inclusive policy at a Pennsylvania high school.

    The Heritage Foundation’s panel is just one example of the growing alliance between TERFs and conservative groups. Along with TERF group WoLF siding with ADF on its anti-trans court case in Pennsylvania, TERF groups in Massachusetts joined with the anti-LGBTQ Keep MA Safe campaign to support its anti-trans referendum to overturn to state’s comprehensive nondiscrimination protections, which ultimately and resoundingly failed in the voting booths. And TERF groups in Canada joined conservatives in testifying against that country’s trans-inclusive nondiscrimination law. TERFs often identify with the left, and even though some identify as queer, they have made it clear that they are willing to take part in conservatives’ “divide and conquer” strategy to attempt to fracture the LGBTQ movement and erode trans equality.

  • New Alaska Attorney General Kevin Clarkson has been tied to anti-LGBTQ group Alliance Defending Freedom for decades

    Clarkson was co-counsel on an ADF case up until he was nominated for attorney general

    Blog ››› ››› KAYLA GOGARTY


    Melissa Joskow / Media Matters

    Alaska laws protect less than half of the state’s LGBTQ population from discrimination based on sexual orientation and gender identity in “private employment, housing, and public accommodations,” and Gov. Mike Dunleavy’s recent appointment of Attorney General Kevin Clarkson puts LGBTQ Alaskans at even greater risk. Clarkson has a long history of advocating against LGBTQ rights and nondiscrimination policies in Alaska, and he has spent more than two decades working alongside extreme anti-LGBTQ group Alliance Defending Freedom (ADF).

    Dunleavy appointed Clarkson as the state’s new attorney general on December 5. Clarkson was previously a senior attorney for the law firm Brena, Bell & Clarkson, and he worked directly alongside ADF in a case representing a women’s homeless shelter in Anchorage, AK, that is suing to be exempt from the city’s LGBTQ-inclusive nondiscrimination policy after it refused to house a homeless transgender woman. Clarkson withdrew from the case on December 6 after being appointed the state’s attorney general.

    ADF is one of the largest and most powerful anti-LGBTQ groups in the nation and has played a role in over 50 Supreme Court decisions, including on cases regarding abortion, religion, tuition tax credits, and LGBTQ issues. The legal powerhouse has taken dozens of extreme anti-LGBTQ positions, such as supporting Russia’s so-called “gay propaganda” law, defending the discredited and dangerous practice of conversion therapy, advocating against adoption and foster care by LGBTQ people, and supporting policies that ban trans people from using facilities that align with their gender identity.

    ADF has identified Clarkson as an allied attorney, and his history with the extreme anti-LGBTQ organization spans more than 20 years. ADF has alumni and allies in influential government positions across the country, including in other state attorneys general offices. It is crucial for reporters to include this context when discussing the Anchorage shelter case, or reporting on any other LGBTQ-related matters Clarkson might be involved in as attorney general.

    Clarkson was co-counsel on an anti-trans ADF case up until he was appointed attorney general

    ADF is representing the Hope Center, also known as the Downtown Soup Kitchen, in its ongoing case, The Downtown Soup Kitchen d/b/a Downtown Hope Center v. Municipality of Anchorage. ADF sued the city of Anchorage in August “to stop it from applying a gender identity law to the Hope Center shelter, which denied entry to a transgender woman” in 2018. The city’s trans-inclusive policy was put to a vote in April, but Anchorage voters upheld the protections and “soundly rejected” the ballot measure that sought to repeal them.

    Clarkson served as the Hope Center's local counsel, alongside ADF, from the start of the case in early 2018 until he withdrew on December 6, the day after he was appointed attorney general. The Hope Center’s case was heard by the U.S. District Court on January 11, and ADF is also pushing several other license-to-discriminate cases through the courts.

    Clarkson has a history with ADF dating back to 1997

    In 1997, Clarkson attended ADF’s National Litigation Academy (now known as ADF Academy), a program that trained “attorneys to battle the radical homosexual legal agenda, defend parental rights, uphold the sanctity of human life, and protect religious freedom.” ADF has described the program as “all-expense-paid classes” in exchange for lawyers providing “450 dedicated pro bono hours on matters related to ADF issues.” ADF has identified Clarkson as one of its more than 3,300 allied attorneys, who must agree to a "statement of faith" which claims that “homosexual behavior … and acting upon any disagreement with one’s biological sex” are “sinful and offensive to God.”

    Clarkson has also served as local counsel alongside or with the help of ADF on several other cases in Alaska since 1999. In addition to his role in the Hope Center case, Clarkson has served as co-counsel with ADF on a case defending a law that required abortion providers to notify the parents of minors; received training and funding from ADF for a 1998 case regarding a ballot measure attempting “to define marriage as a union between one man and one woman”; received funding and legal support from ADF in a 2005 case regarding benefits for government employees in same-sex relationships; and represented two churches in a 2008 case about a “property tax exemption for religious schools.”

    In fact, Clarkson has provided ADF with more than 10,000 hours of pro bono or dedicated service, which ADF calls “the equivalent of nearly five years of legal assistance, offered at no cost to clients.” Clarkson’s extensive work on behalf of the extreme anti-LGBTQ group has earned him ADF’s “Silent Watch” and “Gold Service” awards.

    As attorney general, Clarkson has broad powers and represents the state on all legal matters

    Many state attorneys general have gained power in the last decade as they used litigation to shape policymaking, which The Washington Post has noted “raises concerns because much of it occurs well outside of the public view.” Alaska’s attorney general has broad powers to advise the governor and represent the state in legal matters, “including the furnishing of written legal opinions to the governor, the legislature, and all state officers and departments.” In 2017, former independent Gov. Bill Walker used one such legal opinion from then-Attorney General Jahna Lindemuth to establish his administration’s position on tribal recognition and sovereignty, demonstrating how attorneys general can provide a “legal framework” for state governments to act.

    As attorney general, Clarkson can also support and defend anti-LGBTQ bills. Attorneys general in other states, including Texas Attorney General Ken Paxton, have previously weighed in on LGBTQ issues. Paxton has supported Texas’ anti-LGBTQ “bathroom bill,” sued -- alongside 10 other states -- the Obama administration over its guidelines protecting trans students, and filed legal briefs in support of the Trump-Pence administration’s discriminatory position against trans-inclusive bathroom policies. Another reported ADF allied attorney who became a state’s attorney general, Montana’s Timothy Fox, also has a history of using his office to fight against LGBTQ rights.

    With Clarkson’s appointment to Alaska attorney general, ADF has only expanded its influence over policymaking and the broader fight against LGBTQ equality.

  • Right-wing media are inciting violence against transgender people

    Their actions amount to stochastic terrorism -- public demonization of a group through mass media that incites unpredictable violence

    Blog ››› ››› BRYNN TANNEHILL


    Melissa Joskow / Media Matters

    Hate crimes against transgender people have been rising in both the United States and the U.K., and 2017 saw the first federal conviction of a hate crime against a transgender person in the U.S. Meanwhile, members of extreme anti-LGBTQ groups have had regular access to the White House -- and to mainstream media outlets, where they are often uncritically presented as simply offering one side of the debate, rather than as pushing a bigoted and hateful message.  

    Of late, these extremist groups have deliberately shifted their focus toward transgender people and have increased the use of false rhetoric depicting transgender people as sexual predators, claiming they are a danger to not only women and children but also U.S. national security. At the same time, they sometimes hint that violence is an appropriate response to encountering transgender people in public.

    These actions, and their effects, amount to a form of stochastic terrorism.

    The concept of stochastic terrorism is not new; it is the public demonization of a person or group via mass media that incites a violent act that is “statistically predictable but individually unpredictable.” It can be difficult to ascertain the intention behind such rhetoric, making the subject even more complex. When centrist media outlets give uncritical airtime to extreme anti-LGBTQ groups as an effort to present “both sides,” they are either unaware that they are contributing to the promotion of violence, or they do not care if they do. Right-wing outlets in the U.S. and the U.K., meanwhile, routinely publish or air inflammatory material meant to demonize transgender people as dangerous, mentally ill sexual perverts who prey on women and children.

    Such content can incite real-world acts of violence. One of the best-known examples of stochastic terrorism is “Pizzagate,” a conspiracy theory that flourished on message boards 4chan and Reddit alleging that Hillary Clinton and her 2016 campaign chairman, John Podesta, were raping and murdering children as part of a satanic child sex ring in the basement of a pizzeria in Washington, D.C. It was promoted most prominently by Alex Jones of Infowars and Jack Posobiec, now a correspondent for the ultra-conservative One America News Network. Acting on these false rumors, a gunman went to the pizza shop with an AR-15 and a revolver and fired multiple shots into a locked door after panicked customers and employees fled for their lives.

    Additionally, the suspect who allegedly mailed bombs to prominent Democrats and critics of President Donald Trump was similarly radicalized by online media. He believed and spread conspiracy theories, such as the claim that a Parkland school shooting survivor was a paid protester hired by philanthropist George Soros and that there is “100% proof” that Obama is the “Antichrist.” His former boss described him as “anti-gay, anti-black, anti-Jews.”

    There’s little we can do to mitigate speech designed to incite violence except to call it out for what it is. Within the U.S., such speech generally cannot be punished by law due to the 1969 Supreme Court decision in the case of Brandenburg v. Ohio. Clarence Charles Brandenburg was a Ku Klux Klan leader who attacked Black and Jewish people at a televised rally where weapons were present and said the Klan might have to take “revengeance” (sic) against the federal government if it “continues to suppress the white, Caucasian race.” The Supreme Court ruled that since the speech itself was not likely to incite “imminent lawless action,” Brandenburg’s right to free speech protected him from Ohio’s criminal syndicalism statutes. It is telling that the court ruling that would now protect the people targeting the transgender community was first applied to a Klansman.

    In 2015, after it became clear that the cultural and legal fight to prevent same-sex marriage was all but lost, religious conservatives deliberately pivoted to a strategy of fearmongering about transgender people in bathrooms. Using the thoroughly debunked “bathroom predator” myth as justification, leaders of extreme anti-LGBTQ groups have been willing to step up to the same line that Clarence Brandenburg did, this time publicly stoking violence against transgender people.

    After Target publicly announced its policy of welcoming employees and customers in its stores to use the restroom that corresponds to their gender identity, Anita Staver, president of the influential anti-LGBTQ law firm Liberty Counsel, tagged Target in a tweet saying that she would carry a pistol to the ladies room because “it identifies as my bodyguard.” James Dobson, who helped found extremist anti-LGBTQ organizations Focus on the Family and Family Research Council, wrote in 2016: “If you are a dad, I pray you will protect your little girls from men who walk in unannounced, unzip their pants and urinate in front of them. If this had happened 100 years ago, someone might have been shot. Where is today’s manhood? God help us!”

    Some Republicans and law enforcement personnel have picked up on this message as well. During his (successful) 2016 campaign for sheriff in Denton County, TX, Tracy Murphree posted on Facebook, “If my little girl is in a public women’s restroom and a man, regardless of how he may identify, goes into the bathroom, he will then identify as a John Doe until he wakes up in whatever hospital he may be taken to.” Todd Kincannon, the former executive director of the South Carolina Republican Party, tweeted this past fall that transgender people should “all be put in a camp.” (Kincannon was charged in August for stabbing his mother’s dog to death.) Chuck Wright, sheriff of Spartanburg County in South Carolina, told a meeting of a local Republican women’s group, “If you are a guy and you go into bathroom with my wife, … I’m gonna whip your tail.”

    Trans people are impacted by such rhetoric. A Minnesota teen was harassed in a school restroom, while a congressional candidate in California filmed herself confronting an unidentified individual using a Denny’s restroom, and a gender-fluid person was maced for using a women’s bathroom. There have also been several high-profile cases of cisgender women who have been mistakenly identified as transgender and harassed for using the bathroom.

    Public attacks on transgender people have also extended to parents of transgender children, their supporters, and even the children themselves.

    The conservative tabloid the Daily Mail in the U.K. recently introduced a new line of attack against transgender youth based on an anonymous “whistleblower” teacher who claimed that older transgender students at an unnamed British school “groomed” young autistic students to trick them into believing they are transgender. This narrative of contagion, “grooming,” and recruitment is exactly the same approach used for decades to stir up suspicion and hatred of gay men. For instance, Helen Joyce, the finance editor at The Economist, recently wrote an article at Quillette baselessly asserting that the transgender movement has advanced the interests of pedophiles.

    These messages trickle down to the base. Stories of communities banding together to abuse and discriminate against transgender children have been in the media for years. Last year, parents in Achille, OK, communicating in a Facebook group for students’ parents suggested telling their children to beat a 12-year-old transgender girl and threatened to castrate her. As a result, the girl’s family made plans to leave town.

    Transgender students are being physically assaulted in school for their gender identity as well. The FBI reported that in 2017, anti-LGBTQ hate crimes rose for the third consecutive year. The number of recorded hate crimes is likely a dramatic undercount, given that many, if not most, hate crimes go unreported. According to the 2015 U.S. Transgender Survey by the National Center for Transgender Equality, nearly one in 10 transgender people report being physically assaulted in the past year for being transgender, and almost half reported verbal harassment. Seventy-five percent of transgender students feel unsafe at school, according to another 2015 survey. The proportion has likely grown since then.

    Murders of transgender people have been increasing for years, and stochastic terrorism is likely part of the problem. The National Coalition of Anti-Violence Programs found that 2017 was the deadliest year for LGBTQ people since it began reporting on hate crime violence against LGBTQ people in 1996. Fifty-two LGBTQ people were killed in hate-related violence, representing an 86 percent increase over 2016. Twenty-seven of those 52 victims were transgender, even though transgender people represent a much smaller portion of the LGBTQ community.

    In 2012, legal scholar Tobias Wolff predicted in his paper “Civil Rights Reform and the Body” that transgender people would become a target and that many of the attacks would center on fear and disgust directed at transgender bodies. He correctly noted that this directed angst would manifest itself as labeling transgender people as sexual predators.

    Wolff also drew direct parallels to the civil rights movement in the 1950s and 1960s, when fear of Black bodies was channeled into calls to protect white women and children from sexual predation at swimming pools. Violence directed at Black people during that period was undeniably a direct result of this stochastic terrorism and prejudice. Today, we are seeing the same tactics toward transgender people, used to similar effect, and they are protected by the same case law.

    Brynn Tannehill is a guest contributor to Media Matters. She is a former naval aviator who has written for The New York Times, Slate, Salon, USA Today, HuffPost, The Advocate, and other outlets. She is the author of the recently released book "Everything You Ever Wanted to Know About Trans* (*But Were Afraid to Ask)."

  • Virginia TV news failed to explain why it was wrong for a fired teacher to repeatedly misgender a trans student

    Outlets framed coverage around concern for his job rather than the student’s well-being

    Blog ››› ››› BRIANNA JANUARY


    Melissa Joskow / Media Matters 

    Virginia TV news stations dedicated 90 segments to a story about an anti-trans high school teacher who was fired for repeatedly misgendering a student. The school board deemed those actions discriminatory; however, the news segments included considerably more voices in favor of the teacher than the trans student, and all failed to mention why misgendering someone is demeaning or harassing.

    On October 31, Virginia high school teacher Peter Vlaming was placed on administrative leave for refusing to identify a transgender student by his proper pronouns. According to The Associated Press, “Vlaming told superiors that his Christian faith prevented him from using male pronouns for the student,” and the West Point School Board voted unanimously to fire him for repeatedly violating the district’s anti-discrimination policy after a public hearing on December 6. Following the board’s decision, students and parents held a walkout and began circulating petitions in support of Vlaming, which have collectively garnered more than 15,000 signatures. Vlaming is considering legal action against the school district.

    Coverage failed to note the harms of misgendering trans people

    Despite extensively covering the story with 90 segments between December 4 and 12, not a single anchor or reporter explained why misgendering a trans student would be considered harassment or noted that those actions stigmatize trans folks and erase their identities. However, 33 of those segments did include language that Vlaming's actions were "hostile" or "threatening" -- nearly all of which were from one of two short clips of school administrators speaking during the hearing.

    For instance, several stations aired a clip of Superintendent Laura Abel testifying that “by failing to follow the directive” to refer to the student by the correct pronouns, Vlaming was "discriminating" and "creating a hostile environment.” Stations also aired a clip of the school’s Principal Jonathan Hochman during the hearing, saying, “I can't think of a worse way to treat a child than what was happening. That was very threatening.”

    GLSEN, an LGBTQ-inclusive education advocacy organization, defines misgendering as “the experience of being labeled by others as a gender other than one that a person identifies with.” Misgendering not only invalidates the identities of trans people, but it can also have negative effects on their self-confidence and mental health. Trans adolescents already experience high levels of attempted suicide -- particularly transgender boys and nonbinary young people -- but a March study by researchers from the University of Texas at Austin found that “when transgender youths are allowed to use their chosen name in places such as work, school and at home, their risk of depression and suicide drops.”

    School districts and states around the country have adopted affirming policies to respect trans identities and to condemn bullying based on gender identity or sexual orientation. GLSEN's Model School District Policy on Transgender and Gender Nonconforming Students encourages schools to respect students’ names and pronouns to improve their experiences and reduce the harms caused by non-affirming practices like misgendering.

    Tech companies have also passed similar policies to prevent anti-trans harassment on social media platforms. In September, Twitter banned “targeted misgendering or deadnaming of transgender individuals” as part of its “hateful conduct” policy, acknowledging that those practices are meant to “dehumanize, degrade or reinforce negative or harmful stereotypes.” Media Matters’ Parker Molloy praised the decision in a November 29 op-ed for The New York Times, noting that misgendering and deadnaming are used to deligitimatize trans identities and can discourage trans people from voicing their opinions:

    As a transgender woman, I find it degrading to be constantly reminded that I am trans and that large segments of the population will forever see me as a delusional freak. Things like deadnaming, or purposely referring to a trans person by their former name, and misgendering — calling someone by a pronoun they don’t use — are used to express disagreement with the legitimacy of trans lives and identities.

    Defenders of these practices claim that they’re doing this not out of malice but out of honesty and, perhaps, even a twisted sort of love. They surely see themselves as truth-tellers fighting against political correctness run amok. But sometimes, voicing one’s personal “truth” does just one thing: It shuts down conversation.

    Virginia TV news coverage featured considerably more statements in support of the anti-trans teacher

    In addition to framing their coverage around Vlaming’s firing instead of how such harassment is harmful to students, Virginia TV news stations also aired considerably more statements that were sympathetic to the anti-trans teacher than the trans student. Virginia stations covered the story a total of 90 times between December 4 -- when station WRIC (ABC) says it broke the story -- and December 12. Throughout those segments, there were 82 clips of quotes or statements read in favor of Vlaming compared to 52 clips of quotes or statements read in favor of the student or the school board’s actions holding Vlaming accountable. (Repeated instances of the same person being quoted in one segment were counted as one statement.)


    Melissa Joskow / Media Matters 

    Furthermore, while the majority of clips supportive of the student came from repeated airings of two short clips of school officials speaking at the hearing or readings from official school district statements, many segments showed lengthy or multiple clips of Vlaming, his lawyer, and students defending his actions. For example, a segment on WVEC 13 featured multiple clips of a student supportive of Vlaming interspersed throughout the segment.

    From the December 6 edition of WVEC’s 13News Now:

    Only one segment included a quote from a parent, friend, or student supportive of the trans student at the center of the case, which was read by a reporter on WRIC’s 8News. Additionally, stations aired five quotes that appeared neutral to the story, either calling for more discussion, describing the events, or saying that the situation was not good for either side.

    WAVY-TV 10 had particularly one-sided coverage, airing 18 statements or quotes in favor of Vlaming throughout 15 pieces of coverage compared to only 7 statements or quotes in favor of the student or school board’s actions.

    Similar cases have emerged that are being supported by extreme anti-LGBTQ group Alliance Defending Freedom

    While Vlaming’s story plays out in Virginia, several similar cases around the country are already being supported or litigated by the influential and extreme anti-LGBTQ group Alliance Defending Freedom (ADF). In November, ADF attorneys announced that they had filed a federal lawsuit representing Nicholas Meriwether, a Shawnee State University professor who received a formal warning for not using the appropriate pronouns to address a transgender student. Additionally, an ADF-allied attorney said in June that the group was working with an Indiana high school teacher who also cited his religious beliefs for refusing to address transgender students by their appropriate names and pronouns.

    As Vlaming considers legal action and Virginia TV news stations continue to cover developments in his case, it is more important than ever that media contextualize the harms of misgendering trans people and give them a voice in these stories.

    Methodology

    Media Matters searched iQ media for any mentions of “school,” “teacher,” “Virginia,” “fired,” “transgender,” or “trans” within 25 words of “pronoun,” as well as any mentions of “Peter Vlaming” or “West Point High School” from December 4-12 in all media markets serving Virginia: Norfolk-Portsmouth-Newport News; Richmond-Petersburg; Roanoke-Lynchburg; Harrisonburg, Charlottesville; Tri-Cities, TN-VA; Washington, D.C.-Hagerstown; Bluefield-Beckley-Oak Hill; Greensboro–High Point–Winston-Salem; and Raleigh-Durham (Fayetteville).

    Additional research by Brennan Suen.

  • Anti-LGBTQ media and groups have been crying "censorship" as flawed research on trans teens is re-evaluated

    A Brown researcher published a flawed study about so-called "rapid-onset gender dysphoria" that relied on surveys from anti-trans websites. The report claimed that teens were coming out as trans due to “social contagion”; after concerns were raised, it is now under review.

    Blog ››› ››› BRIANNA JANUARY


    Melissa Joskow / Media Matters

    In August, a researcher at Brown University published flawed research about so-called “rapid-onset gender dysphoria,” a concept that suggests that young people may be coming out as trans due to “social and peer contagion” and that has not been recognized by any mainstream medical organization. Among other flaws, the study was widely criticized for surveying only parents found on anti-trans parent communities rather than transgender people themselves, and Brown and the academic journal that published the study have since pledged to re-evaluate the work. Right-wing media and anti-LGBTQ groups responded by calling the reassessment “academic censorship” and saying Brown and the journal had caved to “transgender activism.”

    Brown University researcher Lisa Littman published a flawed study that claims teens may be identifying as trans due to social influences

    A Brown University researcher published a study on so-called “rapid-onset gender dysphoria” that suggested teenagers were identifying as trans due to “social and peer contagion.” In August, Brown University researcher Dr. Lisa Littman published a study on so-called “rapid-onset gender dysphoria” (ROGD) in the online journal PLOS ONE. The study suggested that transgender youth are experiencing a new type of “rapid” gender dysphoria due to social influences, asserting that both multiple peers in pre-existing friend groups coming out as transgender and “increased exposure to social media/internet preceding a child’s announcement of a transgender identity” raise “the possibility of social and peer contagion.” From PLOS ONE (citations removed):

    The description of cluster outbreaks of gender dysphoria occurring in pre-existing groups of friends and increased exposure to social media/internet preceding a child’s announcement of a transgender identity raises the possibility of social and peer contagion. Social contagion is the spread of affect or behaviors through a population. Peer contagion, in particular, is the process where an individual and peer mutually influence each other in a way that promotes emotions and behaviors that can potentially undermine their own development or harm others.

    Littman’s study surveyed the parents of transgender people ages 11-27, circulating the survey on three websites: 4thwavenow.com, transgendertrend.com, and youthtranscriticalprofessionals.org. Those websites are online communities primarily for parents of transgender people who deny their children’s identities, and the study acknowledged that the survey was specifically targeted to “websites where parents and professionals had been observed to describe rapid onset of gender dysphoria.” In fact, according to trans researcher Julia Serano, the phrase “rapid-onset gender dysphoria” and accompanying acronym originated on those very websites in July 2016, before Littman’s study or abstract were released. The term and acronym are frequently used by parents who do not accept their children’s trans identities; there is even a website called parentsofrogdkids.com. Prior to releasing her full study, Littman published an abstract in the Journal of Adolescent Health in February 2017 describing supposed parental experiences with ROGD.

    Gender dysphoria is an established diagnosis involving “a difference between one’s experienced/expressed gender and assigned gender, and significant distress or problems functioning.” The American Psychiatric Association recommends affirming the gender expression of people with gender dysphoria, including through “counseling, cross-sex hormones, puberty suppression and gender reassignment surgery” as well as social transitions not involving medical treatments.

    After fielding concerns about Littman’s methodology, Brown and PLOS ONE announced they would re-assess her research

    PLOS ONE is seeking “further expert assessment on the study’s methodology and analyses” after receiving complaints. On August 27, PLOS ONE announced that it would re-evaluate Littman’s study due to “concerns raised on the study’s content and methodology.” Slate’s Alex Barasch noted that “re-evaluating a study’s content and methodology doesn’t stymie the scientific process; it’s a natural and necessary extension of it.” From PLOS ONE’s announcement:

    PLOS ONE is aware of the reader concerns raised on the study’s content and methodology. We take all concerns raised about publications in the journal very seriously, and are following up on these per our policy and [Committee on Publication Ethics] guidelines. As part of our follow up we will seek further expert assessment on the study’s methodology and analyses. We will provide a further update once we have completed our assessment and discussions.

    Brown University removed a news article about the study after receiving complaints about Littman’s research and its methodology. After experts and advocates pointed out several flaws in the study’s methodology and PLOS ONE announced its own re-evaluation, “Brown determined that removing the article from news distribution is the most responsible course of action.” The next day, the dean of Brown University’s School of Public Health issued a letter confirming that the article had been removed “because of concerns about research methodology,” acknowledging concerns that the flawed study’s conclusions could harm the transgender community, and reiterating the university’s commitment to academic freedom and “the value of rigorous debate informed by research.” On September 5, the university released an expanded statement, proclaiming, “Brown does not shy away from controversial research.” The statement claimed that the article’s removal from the university’s news site was “not about academic freedom,” but rather “about academic standards,” noting that “academic freedom and inclusion are not mutually exclusive.”

    Researchers, experts, and journalists have found several flaws with Littman’s research

    The World Professional Association for Transgender Health urged restraint of the term “ROGD” and noted that it has not been “recognized by any major medical professional association.” The World Professional Association for Transgender Health (WPATH), which publishes the internationally accepted Standards of Care and Ethical Guidelines for managing gender dysphoria, released a position statement about ROGD on September 4, noting that it “is not a medical entity recognized by any major professional association” and has not gone through “the deliberative processes by which diagnostic entities and clinical phenomena are classified and established.” WPATH’s statement said ROGD “constitutes nothing more than an acronym created to describe a proposed clinical phenomenon that may or may not warrant further peer-reviewed scientific investigation.” From the September 4 statement (emphasis original):

    At present, WPATH asserts that knowledge of the factors contributing to gender identity development in adolescence is still evolving and not yet fully understood by scientists, clinicians, community members, and other stakeholders in equal measure. Therefore, it is both premature and inappropriate to employ official-sounding labels that lead clinicians, community members, and scientists to form absolute conclusions about adolescent gender identity development and the factors that may potentially influence the timing of an adolescent’s declaration as a different gender from birth-assigned sex.

    ...

    WPATH also urges restraint from the use of any term—whether or not formally recognized as a medical entity—to instill fear about the possibility that an adolescent may or may not be transgender with the a priori goal of limiting consideration of all appropriate treatment options in accordance with the aforementioned standards of care and clinical guidelines.

    Researchers writing in PinkNews: Littman’s study “was heavily biased towards specific groups” and “tells us less about trans teenagers than it does about the parents being surveyed.” Writing for PinkNews, researchers Florence Ashley of McGill University and Alexandre Baril of the University of Ottawa said Littman’s research “was heavily biased towards specific groups and in no way can be said to be representative of the general population” because it surveyed parents from specific anti-trans websites. Their report contended that “the study tells us less about trans teenagers than it does about the parents being surveyed.” They also pointed out that research suggesting that trans identities are the result of a “contagion” attempts to frame the narrative in a way that “distinguishes ‘good,’ true transgender people from ‘bad,’ fake trans people, allowing proponents to claim that they have nothing against trans people — well, at least the real ones.”

    Slate’s Alex Barasch: “The sites that participants were culled from are full of damning evidence of bias” against transgender people. Barasch noted that Littman’s study was “purportedly about 256 trans-identified ‘adolescents and young adults,’” but it is “perhaps fairer to say that it’s about their parents, who participated in a 90-question survey about their relationships with and perceptions of their children—with no input from the kids themselves, and no controls to speak of.” Barasch identified several problems with the study’s sample, including that it sourced parental reporting from websites with anti-trans biases such as 4thwavenow.com, which “hosts long missives from parents who have strenuously denied their children’s identities for years.” He continued, “In exclusively surveying parents from these ‘gender critical’ spaces, Littman sharply limited both the relevance and the validity of her results.”

    Barasch added that “one of the study’s most glaring flaws” is that Littman made no effort to substantiate the claims of the parents who participated in her study by speaking to their transgender children. He noted that the study’s findings about "the worsening of parent-child relationships" after the child came out and the children's preference to befriend other LGBTQ kids actually weakened its conclusions about trans identities being a “social contagion” because young LGBTQ people would be more likely to “flock together online or in-person” if they face “skepticism and hostility at home.”

    Finally, Barasch noted that the concept of ROGD “treats the emergence of dysphoria around or after puberty as something new and unusual that should be treated with suspicion” when in fact the medical community recognizes late-onset gender dysphoria, which describes the emergence of dysphoria “around puberty or much later in life.” Barasch highlighted examples of PLOS ONE retracting several other studies that featured “questionable research” and pointed out that “peer review isn’t an automatic assurance of ironclad science” and that the review of the study “is both standard and vital.”

    Researcher Julia Serano: The concept of ROGD originated in 2016 on three blogs “that have a history of promoting anti-transgender propaganda.” In an essay on Medium, biologist and transgender activist Julia Serano explained that the concept of ROGD was not new, but originated in 2016 on three anti-trans blogs -- the same blogs from where Littman drew her sample. Thus, Serano wrote, Littman’s study was “entirely based on the opinions of parents who frequent the very same three blogs that invented and vociferously promote the concept of ROGD.” She contended, “This is the most blatant example of begging the question that I have ever seen in a research paper.” Serano also refuted the study’s assertion that gender dysphoria in the surveyed parents’ children was “rapid,” writing that “the word ‘rapid’ in ROGD doesn’t necessarily refer to the speed of gender dysphoria onset. … Rather, what’s ‘rapid’ about ROGD is parents’ sudden awareness and assessment of their child’s gender dysphoria (which, from the child’s standpoint, may be long standing and thoughtfully considered).”

    Brynn Tannehill in The Advocate: Transgender youth featured in the study may have avoided coming out to “hostile parents,” which could have led to parents perceiving their gender identity development as “rapid.” Responding to an abstract of Littman’s study released in 2017, transgender advocate and author Brynn Tannehill -- who recently published an explanatory book about transgender issues -- pointed out flaws in the hypothesis that young people may be identifying as transgender because of other LGBTQ friends and online LGBTQ media. She noted that “transgender youth in unsupportive homes are much more likely to share their thoughts and feelings with LGBT friends at school and peers online than family.” Tannehill added that those youth often “stick to ‘safe’ LGBT social groups” and “delay telling hostile parents until they cannot bear not to,” which could explain why the parents Littman surveyed from unsupportive online communities thought that their child’s identity came on rapidly.

    Tannehill in INTO: “Littman failed to mention the viewpoints of the groups from which she drew her sample” and did not interview supportive parents or trans youth. Writing for the digital magazine INTO, Tannehill reiterated that the study “failed to address the much more realistic explanation that transgender teens with anti-trans parents look for support from other LGBTQ youth online because they fear the reaction of their families.” She also noted that Littman did not acknowledge the anti-trans viewpoints of the websites from which she drew or sampled, “nor did she make any attempt to reach out to groups for supportive parents” or interview transgender youth.

    Extreme anti-LGBTQ groups have claimed Brown “is in denial about transgender identity” and “caved to cross-dressers”

    Family Research Council’s Cathy Ruse: Littman’s study “reveals trouble in transgender paradise.” Cathy Ruse of the extreme anti-LGBTQ group Family Research Council wrote a post in The Stream attacking Brown University for removing news about Littman’s study from its website. Ruse called the move “censorship” and asserted that “there’s an alarming trend of adolescents suddenly announcing they’re in the wrong body.” She also defended the study’s survey of parents rather than the actual transgender young people the study was about, writing that this “acknowledged limitation of the study” is a response to clinicians accepting what transgender patients tell them “at face value, never seeking the parents’ perspective.” Ruse has a history of disparaging trans identities, and she has previously suggested that affirming transgender children “can be child abuse.”

    American College of Pediatricians’ Michelle Cretella: Littman’s study “was quickly silenced” because “transgender activists called for censorship.” Writing for The Heritage Foundation’s right-wing outlet The Daily Signal, American College of Pediatricians (ACPeds) President Michelle Cretella said that Littman’s study “was quickly silenced by activists and by Brown University,” which “disconnected its link to the study and issued an apology” for it because “transgender activists called for censorship.”

    ACPeds is a small and extreme anti-LGBTQ group of physicians that broke off from the legitimate American Association of Pediatrics (AAP). Cretella and ACPeds have worked for years to discredit trans-affirming science and policy under the veneer of credibility offered by the group’s misleading name, which “is easily confused with the AAP.” Cretella has claimed that affirming transgender youth is child abuse.

    ACPeds’ Dr. Andre Van Mol posted several times about ROGD on Twitter. ACPeds’ Dr. Andre Van Mol retweeted several posts about Littman’s study, including from two of the anti-transgender parent forums where Littman sourced her data. Van Mol promoted a tweet linking to a petition calling for Brown to “defend academic freedom and scientific inquiry” by supporting Littman and her study. He also tweeted a link to an article about Littman’s study and asserted, “Idealogues (sic) are trying to suppress a study that shows the effect of peer pressure on transgenderism.” Van Mol has a long anti-LGBTQ record, including advocacy in favor of forcibly changing sexuality or gender identity through the discredited and harmful practice of conversion therapy. He has actively worked to oppose measures to protect LGBTQ people from the practice.

    Illinois Family Institute’s Laurie Higgins: Brown “cave[d] to cross-dressers and their collaborators.” Laurie Higgins of the extreme anti-LGBTQ state organization Illinois Family Institute wrote that Brown “cave[d] to cross-dressers and their collaborators” after feeling “the wrath of men in dresses with flowing tresses and bearded women in dungarees.” Higgins called Brown’s removal of its article about the study “censorship” and claimed, “No matter how well a study is designed and executed, if trannies don’t like the findings, ‘progressive’ universities will not draw attention to it even if the study is conducted by their own faculty.” Higgins previously called transgender identity a “superstition” and compared trans people and their allies to a cult. She has also praised the Trump-Pence administration’s plan to redefine “gender” to exclude the transgender community.

    Right-wing media and proponents of the study have called the re-evaluation “academic censorship” and said Brown and PLOS ONE caved to LGBTQ activists

    Proponents of ROGD launched a petition to “defend academic freedom and scientific inquiry” by supporting Littman’s research. Supporters of the ROGD concept launched a petition urging Brown and PLOS ONE to “defend academic freedom and scientific inquiry” in response to the study’s re-evaluation. The petition implies that the study was being censored, claiming that Brown and PLOS ONE should “resist ideologically-based attempts to squelch controversial research evidence.” The petition, which currently has 4,900 signatures, was shared by some of the same anti-trans websites where Littman collected data for her study, including 4thwavenow and Transgender Trend.

    Fox News’ Tucker Carlson on Brown’s decision: “Acknowledging reality itself becomes a criminal act; superstition reigns. The dark ages have arrived.” Fox prime-time host Tucker Carlson claimed that Brown was “censoring” Littman’s study and stopped promoting it because “activists descended” and “were offended by the conclusions of the study.” Carlson claimed that activists found Littman’s conclusions “ideologically inconvenient and therefore unacceptable.” He also asserted that they “demanded that the data be suppressed, and remarkably, Brown caved to their demands.” Carlson has previously denied the existence of the trans community, claimed that trans-affirming policies would hurt women, and hosted anti-transgender guests like ACPeds’ Cretella on his show. From the September 11 edition of Fox News’ Tucker Carlson Tonight:

    TUCKER CARLSON (HOST): Brown University is censoring a scientific study by one of its own researchers because political activists don't like it. In a paper published earlier this month, a tenured Brown professor called Lisa Littman found that teenagers who say they want to switch genders are often influenced, not surprisingly, by friends and social media like all young people are. Well, the study was solid enough to be picked up by a reputable scientific journal. In fact, Brown’s PR department sounded a press release promoting the study. But then activists descended. They were offended by the conclusions of the study, not because the conclusions were wrong -- no one even argued they were wrong -- but because the conclusions were ideologically inconvenient and therefore unacceptable. They demanded that the data be suppressed, and remarkably, Brown caved to their demands. The university yanked the press release and apologized for sending it in the first place.

    This is not really about Brown. This is what it looks like when reason itself dies: Politics trump science; empirical conclusions are banned; acknowledging reality itself becomes a criminal act; superstition reigns. The dark ages have arrived. This is what they told you the Christian right wanted to do. They were lying. As soon as they took power, they did it themselves. Of course.

    The Daily Wire’s Ben Shapiro: “The left went insane” over Littman’s study, “so Brown caved” in an act of “academic tyranny.” The Daily Wire’s Ben Shapiro claimed that “Brown immediately caved” by removing its article because “any effort to actually research the environmental component of transgenderism is met with raucous calls for censorship.” Shapiro alleged that PLOS ONE and Brown “turned against the study because it offended politically correct sensibilities about transgenderism” and called the situation “academic tyranny.”

    Shapiro: “Science is taking a back seat to the realities of political correctness.” On his show, Shapiro repeated talking points from his Daily Wire post and claimed that Brown had “buried the study” and “caved” because “it offended politically correct sensibilities about transgenderism.” He called the move “insane,” claimed that “science is taking a back seat to the realities of political correctness,” and called leaders at Brown “cowards.” Shapiro then predicted that Brown would fire Littman, saying that the left “will go after anyone who does not follow the basic leftist consensus on politics, they will destroy science in order to do so, and they will censor people.” Shapiro has a history of anti-transgender bigotry, including calling transgender troops “mentally ill soldiers” and mocking transgender men and women who date them. He has also called being trans a “mental disorder” and “tyranny of the individual.”

    One America News’ Liz Wheeler: “This is even creepier, I think, than just stifling free speech. This is akin to book banning and book burning.” On the September 7 edition of One America News’ The Tipping Point, host Liz Wheeler railed that Brown’s decision to remove its article on the study was “even creepier, I think, than just stifling free speech,” comparing it to “book banning and book burning.” She continued, “This is taking a scientific study because it doesn't substantiate your political view and erasing it. That's so creepy.” Wheeler’s guest Amber Athey, a Daily Caller contributor, asserted that Brown “decided to get rid of the study not because they think that it didn’t meet scientific standards but just because they don’t like the results of it.”

    Wheeler: Brown is participating in “thought control. … That’s incredible scary. That is 1984.” In another segment, Wheeler repeatedly claimed that Brown’s removal of its post about the study was an example of “thought control.” Wheeler and her guest, The Daily Caller’s Anders Hagstrom, compared the situation to the dystopian novel 1984 and the Soviet era. Wheeler had previously criticized the Boy Scouts for accepting transgender youth and has suggested that affirming trans identities will lead to accepting “transracial, “transable,” and “transbaby” identities in which people believe themselves to be of a different race, ability or disability, or age. From the September 17 edition of One America News’ The Tipping Point:

    ANDERS HAGSTROM (REPORTER, THE DAILY CALLER): I know there’s a study at Brown college where a similar thing happened where this -- I can't remember if it was a he or a she who did this study, but they basically found that something regarding transgenders and a gender dysphoria and the way that children may grow out of it. And people objected to what that study found, and they just said, “OK, you're not allowed to publish that anymore. You can’t do any more research.”

    LIZ WHEELER (HOST): Right, because it might offend activists who are advocating for the transgender ideology.

    HAGSTROM: Yeah, exactly, because it might offend people.

    WHEELER: This is why I say this is thought control, because when you pick and choose what information is to be made public, and you pick and choose what you're going to hide from the American people because it might influence their thought in a way that you don't want. That's incredibly scary. That is 1984. That is thought control. It goes beyond the speech control.

    HAGSTROM: It’s Soviet, yeah.

    WHEELER: The way that you control speech is you control what people are allowed to put in their heads so that they can form those ideas. It's terrifying, and it’s sanctioned now by liberals on these campuses.

    Breitbart’s Tom Ciccotta: “Brown University has decided that not displeasing the LGBT community is more important than having its professors research this phenomenon.” On August 30, Breitbart News’ Tom Ciccotta wrote that Brown had “censored a research paper on gender dysphoria” because the university “decided that not displeasing the LGBT community is more important than having its professors research this phenomenon.” Breitbart often pushes anti-transgender narratives and cites ACPeds’ anti-transgender positions as credible.

    The Federalist’s Robert Tracinski: “Is transgender the new anorexia?” The Federalist’s Robert Tracinski called Littman’s study a “blockbuster” for arguing that transgender identities “might be a ‘social contagion’ -- a maladaptive coping technique for troubled teens, spread by peer groups and the Internet.” Tracinski claimed that Brown retracted its press release “in response to a furious outcry from transgender activists” who saw the research as a “threat.” He also posited that the study began because researchers saw “eerie parallels” of “social contagion” between eating disorders such as anorexia and transgender identities, and then highlighted the study’s assertion that so-called ROGD, “with the subsequent drive to transition, may represent a form of intentional self-harm.” He further claimed that medical professionals who offer gender-affirming care are “ideologically motivated gender dysphoria specialists” who “have engaged in massive malpractice in their zeal to ‘affirm’ their young patients’ self-diagnosis.”

    The Federalist’s Joy Pullman: Brown “repressed” the study because it reinforces the idea that “transgenderism looks a lot like a dangerous fad.” Federalist Executive Editor Joy Pullmann wrote that Brown had “repressed” Littman’s study “after a transgender activist feeding frenzy.” She continued, “The reason trans activists went nuts is that the study reinforces what plenty of parents, public health experts, and doctors have been saying: Transgenderism looks a lot like a dangerous fad.” She also said that transgender advocates “demand[ed] suppressing the results” and that Brown “chose to prioritize the unreasonable demands of a tiny minority above the potential well-being of children and the process of scientific inquiry.” Pullman admitted that “the study design has many flaws — self selection and self reporting among them.” However, she claimed that it was “comparable in quality to studies that LGBT activists amplify when it serves their narratives.” Despite its flaws, Pullman still praised the study because “Littman found a number of things that make transgender narratives look terrible.” The Federalist is a go-to outlet for conservatives to push anti-LGBTQ stories, compare transgender inclusion to “transgender authoritarianism,” and call gender-affirming procedures “mutilation.” From the August 31 post:

    This makes it obvious why transgender activists do not want this information public. It suggests many gender dysphoric young people hit a rough patch in life (or several), have poor or immature coping skills, and got the message from peers, online, or both that transgenderism was a handy, simple explanation for their feelings that also offered instant social acceptance and attention.

    National Review’s Madeleine Kearns: Brown “succumbed to political pressure” and “sacrificed its core principles of scientific inquiry and truth-seeking.” In a post titled “Why Did Brown University Bow to Trans Activists?” National Review’s Madeline Kearns claimed that Brown and PLOS ONE “succumbed to political pressure” by re-evaluating the study and that the university “appears more concerned with its marketability than with finding truth,” which she said “undermines academic freedom.” Though she acknowledged that there were concerns about the sample of parents coming from 4thwavenow and other biased websites, Kearns suggested that Brown’s removal of its article about Littman’s study was “cowardice” and “part of a bigger trend” -- an example of how “a radical ideological lobby has, once again, been highly effective in bullying dissenters into silence.” She concluded that Brown “sacrificed its core principles of scientific inquiry and truth-seeking to the feelings of ‘some members’ of their community.” National Review has a history of providing a platform to anti-LGBTQ figures such as anti-transgender conservative commentator David French, who in a May 9 article repeatedly misgendered Chelsea Manning and declared, “He’s a man.”