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    All the executive orders Trump has signed so far

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    Donald Trump has signed dozens of executive orders in his first weeks back in office, including ending birthright citizenship, curbing DEI and “gender radicalism” in the military, and pardoning January 6 rioters.The US president promised in his inaugural speech that these orders would amount to a “complete restoration of America”.Here’s what to know about the executive orders Trump has signed since retaking the White House.ICC sanctionsThe order: Trump signed an order authorizing economic sanctions on the international criminal court (ICC), accusing the body of “improperly targeting” the United States and its allies, such as Israel.What Trump said: Trump has been a vocal critic of the ICC and said the court had “abused its power” in issuing warrants for Benjamin Netanyahu and his former defense minister Yoav Gallant for alleged war crimes. “This malign conduct in turn threatens to infringe upon the sovereignty of the United States and undermines the critical national security and foreign policy work of the United States government and our allies, including Israel,” Trump said.What it means: The order grants Trump broad powers to impose asset freezes and travel bans against ICC staff and their family members if the US determines that they are involved in efforts to investigate or prosecute citizens of the US and certain allies.Read moreEnding ‘anti-Christian bias’The order: Trump signed an executive order attempting to eliminate “anti-Christian bias” in the US government. The president announced the formation of a taskforce, led by the attorney general, Pam Bondi, to end all forms of “anti-Christian targeting and discrimination” in the government.What Trump said: Trump said Bondi would work to “fully prosecute anti-Christian violence and vandalism in our society and to move heaven and earth to defend the rights of Christians and religious believers nationwide”.What it means: The order is meant to reverse alleged targeting of “peaceful Christians” under Biden. Critics say it changes the traditional understanding of religious liberty, with Americans United for Separation of Church and State saying in a statement that Trump’s taskforce would “misuse religious freedom to justify bigotry, discrimination and the subversion of our civil rights laws”.Read moreBanning trans athletes from women’s sportsThe order: Trump signed an executive order banning transgender athletes from participating in women’s sport. It directs federal agencies, including the Department of Justice, to interpret federal Title IX rules as the prohibition of trans girls and women from participating in any female sports categories.What Trump said: “With this executive order, the war on women’s sports is over.”What it means: The order is the latest in a slew of Trump actions aimed at rolling back the rights of trans people. Trump also signed orders defining sex as “only male or female” and banning gender transitions for people under the age of 19.Read moreEnding Unrwa fundingThe order: Trump signed an executive order stopping funding for Unrwa, the UN agency for Palestinian refugees, and withdrawing US from the UN human rights council.What Trump said: The president criticized the entire United Nations as “not being well run” and “not doing the job”.What it means: In his first term, Trump cut Unrwa funding and withdrew from the UN’s human rights council. The Biden administration restored Unrwa funding and rejoined the council.Read moreImplementing tariffs on imports from Mexico, China, and CanadaThe orders: Trump signed three executive orders on 1 February placing tariffs on Mexico, China and Canada, to begin on 4 February.What the orders say: the Mexico order says that drug traffickers and the country’s government “have an intolerable alliance” that endangers US security. The China order says the country’s government allows criminal organizations to “launder the revenues from the production, shipment, and sale of illicit synthetic opioids”. The Canada order says that Mexican cartels are operating in that country, claiming the amount of fentanyl imported could kill “9.5 million Americans”.What it means: All three countries announced retaliatory actions. On 3 February, Trump agreed to postpone tariffs against Mexico and Canada for one month after they committed to increasing border enforcement. China has announced retaliatory tariffs on some American imports and an antitrust investigation into Google on 4 February after Trump’s tariffs took effect.Read moreCreation of a sovereign wealth fundThe order: Trump ordered the US treasury and commerce department to create a sovereign wealth fund. Such a fund, which requires congressional approval, would act as an investment fund for the country, operating outside the Federal Reserve and the treasury department.Trump offered few details about the fund, including where the cash would come from. His treasury secretary and the nominee for commerce secretary would spearhead efforts to create the fund. Treasury secretary Scott Bessent told reporters the government would “stand this thing up within the next 12 months”.What Trump said: “We have tremendous potential,” Trump said. “I think in a short period of time, we’d have one of the biggest funds.”Trump also said that the fund could be used to facilitate the purchase of TikTok.What it means: More than 100 countries and 20 US states have sovereign wealth funds. Senior officials in the Biden administration had been quietly working on a sovereign wealth fund before the US election in November, according to multiple reports.Read moreMigrant detention center at Guantánamo BayThe order: Trump signed an executive order to prepare a huge detention facility at Guantánamo Bay that he said could be used to hold up to 30,000 immigrants deported from the US.What Trump said: Guantánamo could “detain the worst criminal illegal aliens threatening the American people”, Trump said during the signing of the Laken Riley Act, another of his administration’s hardline immigration policies.What it means: The order is part of a broader effort to fulfill Trump’s promise to remove millions of people from the country.Read moreGender-affirming careThe order: Trump signed an order that attempts to end gender transitions for people under 19.What Trump said: “It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” reads the order.What it means: The order directs that federally run insurance programs, including Tricare for military families and Medicaid, exclude coverage for such care. The order calls on the Department of Justice to vigorously pursue litigation and legislation to oppose the practice.Read moreReshaping the militaryThe order: Trump signed three executive orders on 27 January that would reshape the military: removing diversity, equity and inclusion efforts, eliminating “gender radicalism” from the military, and reinstating soldiers who were expelled for refusing Covid-19 vaccines.What Trump said: “To ensure we have the most lethal fighting force in the world, we will get transgender ideology the hell out of our military. It’s going to be gone,” Trump said in Florida, according to CBS.What it means: Trump’s order does not yet ban transgender soldiers from the military, but directs the Pentagon to create a policy for trans members of the military.Read moreStart a process to ‘develop an ‘American Iron Dome”’The order: Trump signed an executive order on 27 January that would begin the process of creating a “next-generation” missile defense shield, which the administration is referring to as the American Iron Dome.What Trump said: “The United States will provide for the common defense of its citizens and the Nation by deploying and maintaining a next-generation missile defense shield,” the order said.What it means: Creating a short-range missile defense system akin to Israel’s Iron Dome would take years to build. The order calls for a plan from the defense secretary, Pete Hegseth, within 60 days.Read moreReview of disaster agency FemaThe order: Trump ordered a review of Federal Emergency Management Agency (Fema), the disaster response agency, and suggested there is “political bias” in the agency. Trump previously criticized the agency’s response to Hurricane Helene.What Trump said: “Despite obligating nearly $30 billion in disaster aid each of the past three years, Fema has managed to leave vulnerable Americans without the resources or support they need when they need it most,” the order stated.What it means: A review council – which includes the secretaries of defense and homeland security, Pete Hegseth and Kristi Noem – will report to Trump within 180 days.Read moreDeclassifying MLK and JFK filesThe order: Trump ordered the release of thousands of classified documents on the assassinations of John F Kennedy, Robert F Kennedy and Martin Luther King Jr.What Trump said: “The federal government has not released to the public all of its records related to those events. Their families and the American people deserve transparency and truth. It is in the national interest to finally release all records related to these assassinations without delay,” the order said.What it means: Trump made this promise during the election campaign and made a similar pledge in his first term, but ultimately heeded appeals from the CIA and FBI to withhold some documents.Read moreRemoving ‘barriers’ to AI innovation and investing in digital financial assetsThe order: During his first week in office, Trump signed an executive order calling for a review of all Biden policies on AI, to remove policies that “act as barriers to American AI innovation”. A second order called for a working group to start work on crypto regulations.What Trump said: “We must develop AI systems that are free from ideological bias or engineered social agendas” to maintain the US’s dominant position in AI technology, the order states.What it means: Former PayPal executive David Sacks has been tasked with leading a group to develop an AI action plan. Meanwhile another working group will start work on crypto regulations.Ending birthright citizenshipThe order: On his first day in office, Trump targeted automatic citizenship for US-born children of both undocumented people and some legal immigrants.What Trump said: The order specifies that it would limit birthright citizenship if a person’s “mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth”, or “when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary”.What it means: Birthright citizenship, which guarantees citizenship to anyone born on US soil, is protected by the 14th amendment and any attempt to revoke it will bring immediate legal challenges. The order was temporarily blocked on 23 January, with the judge calling it “blatantly unconstitutional”.Read moreskip past newsletter promotionafter newsletter promotionPut a freeze on refugee admissionsThe order: Trump signed an order suspending the country’s refugee resettlement program starting on 27 January. Refugees maybe only be admitted on a case-by-case basis so long as their entry is in the “national interest”.What Trump said: The order cited “record levels of migration” to the US and said the country did not have the ability to “absorb large numbers of migrants, and in particular, refugees”.What it means: Advocates say the move put lives in danger and has left families devastated. Thousands of refugees now stranded around the globe.Read moreLeaving the World Health OrganizationThe order: Trump signed an order to have the US exit the World Health Organization (WHO).What Trump said: “World Health ripped us off, everybody rips off the United States. It’s not going to happen any more,” Trump said at the signing. He accused the WHO of mishandling the Covid-19 pandemic and other international health crises.What it means: The US will leave the WHO in 12 months’ time and stop all financial contributions to its work. The US is the biggest financial backer to the United Nations health agency.Read moreRenaming the Gulf of MexicoThe order: Trump ordered two name changes: the Gulf of Mexico and Alaska’s Mount Denali.What Trump said: “President Trump is bringing common sense to government and renewing the pillars of American Civilization,” the executive order said in part.What it means: Trump ordered the Gulf of Mexico to be renamed the “Gulf of America” and will rechristen Alaska’s Mount Denali as Mount McKinley.It will have no bearing on what names are used internationally.Read moreRevoking electric vehicle targetsThe order: Trump revoked a non-binding executive order signed by Joe Biden aimed at making half of all new vehicles sold in 2030 electric.What Trump said: “The United States will not sabotage our own industries while China pollutes with impunity,” Trump said.What it means: Part of an effort to repeal Biden’s environmental protections, Trump has also promised to roll back auto pollution standards finalized by Biden’s administration last spring.Read moreReclassifying federal employees, making them easier to fireThe order: Trump’s executive order reclassified thousands of federal employees as political hires, making it much easier for them to be fired.What Trump said: Aides to the president have long heralded mass government firings as part of an attack on the so-called “administrative” or “deep” state.What it means: Trump in effect reinstates “Schedule F”, an executive order he signed in the last year of his first term, seeking to reclassify tens of thousands of federal workers. (Biden rescinded the order.)Key aides to Trump have called for mass government firings. Project 2025 made attacks on the deep or administrative state a core part of Trump’s second term. The rightwing playbook called for civil servants deemed politically unreliable to be fired and replaced by conservatives.Read moreDeclaring a national energy emergency and ‘unleash’ oil production in AlaskaThe order: Trump declared a national energy emergency as part of a barrage of pro-fossil fuel actions and efforts to “unleash” already booming US energy production that included also rolling back restrictions in drilling in Alaska and undoing a pause on gas exports.What Trump said: The order means “you can do whatever you have to do to get out of that problem and we do have that kind of emergency,” Trump said. The order also says it is US policy for the country to “fully avail itself of Alaska’s vast lands and resources”.What it means: The declaration would allow his administration to fast-track permits for new fossil fuel infrastructure. It is likely that the order, part of a broader effort to roll back climate policy, will face legal challenges.Read moreCreating a policy recognizing only two gendersThe order: Trump signed an order to remove “gender ideology guidance” from federal government communication, policies and forms. The order makes it official policy that there are “only two genders, male and female”.What Trump said: “Agencies will cease pretending that men can be women and women can be men when enforcing laws that protect against sex discrimination,” the order states.What it means: The order reverses a Biden-era executive action on the acceptance of gender identity.Read morePausing the TikTok banThe order: Trump signed an executive order temporarily delaying the enforcement of a federal ban on TikTok for at least 75 days.What Trump said: “I guess I have a warm spot for TikTok that I didn’t have originally,” Trump said at the White House, as he signed executive orders, according to the New York Times.What it means: Trump ordered his attorney general to not enforce the law requiring TikTok’s sale. Trump says the pause allows for time to chart an “appropriate course forward” to protect national security and not abruptly shut down the popular app. In his first term, Trump favored a TikTok ban, but has since changed his position due to factors including his own popularity on the app.Read moreRescinding 78 Biden-era executive actionsThe order: Trump ordered 78 Biden-era executive actions to be rescinded, including at least a dozen measures supporting racial equity and combating discrimination against gay and transgender people.What Trump said: “I’ll revoke nearly 80 destructive and radical executive actions of the previous administration,” Trump told a crowd in Washington after his inaugural speech. He also said he would end policy “trying to socially engineer race and gender into every aspect of public and private life” and push for a “color blind and merit-based” society.What it means: The orders signal a reversal of Biden-era policy that prioritized implementing diversity measures across the federal government. Trump repealed orders signed by Biden advancing racial equity for underserved communities and the aforementioned order combating discrimination based on gender identity or sexual orientation.Declaring a national border emergencyThe order: Trump signed an order at the White House declaring an emergency at the southern US border, along with several other immigration-related policies.What Trump said: “All illegal entry will immediately be halted, and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came,” Trump said in his inauguration speech.What it means: The executive action paves the way to send US troops to the southern border and makes good on campaign promises to implement hardline immigration policies. There are limited details about how the administration plans to execute its sprawling set of immigration actions that were all but certain to face legal and logistical challenges.Immigrant communities across the country are bracing for Trump’s promise to carry out the “largest deportation program in American history”, beginning as early as Tuesday morning.Read moreIssuing pardons for January 6 defendantsThe order: Trump issued pardons for offenders and commutations related to the January 6 attack on the Capitol. He will direct the Department of Justice to dismiss cases currently in progress.What Trump said: “I’m going to be signing on the J6 hostages, pardons, to get them out,” Trump said during his rally speech. “We’ll be signing pardons for a lot of people, a lot of people.” Trump said he has pardoned about 1,500 defendants charged in the January 6 attack on the US Capitol and issued six commutations.What it means: Trump made his pledge to issue pardons for those with convictions related to the January 6 Capitol attack a core part of his re-election campaign. On the campaign trail, Trump often featured the national anthem sung by prisoners in a Washington DC jail. There are more than 1,500 people federally charged with associated charges.With Trump back in the White House, justice department investigations into January 6 crimes are expected to cease.Read moreWithdrawing from the Paris climate agreementThe order: Trump issued an executive action withdrawing the US from the 2015 Paris agreement, along with a letter informing the United Nations of the decision.What Trump said: “I am immediately withdrawing from the unfair, one-sided Paris Climate Accord rip-off” Trump said during a rally at the Capital One Arena. In his inaugural speech, Trump said he would use executive action to “end the Green New Deal”.What it means: In 2017, Trump exited the Paris agreement. Upon taking office in 2021, Biden rejoined. Monday’s order makes good on a Trump election promise to withdraw from the 2015 global treaty seeking to avoid the worst impacts of the climate crisis.Exiting the Paris agreement is part of Trump’s broader efforts to roll back climate protections and policy. Trump has described Biden’s efforts to grow the US’s clean energy sector as “the green new scam”.Read more This explainer was first published on 29 January 2025 and is being regularly updated to ensure that it reflects latest news developments. The date of the most recent update can be found in the timestamp at the top of the page. Any significant corrections made to this or previous versions of the article will continue to be footnoted in line with Guardian editorial policy. This article was amended on 30 January 2025. A previous version said the birthright citizenship executive order affected children of immigrants in the country illegally. It applies to children both of undocumented people and some legal immigrants. The subheading of this article was amended on 6 February 2025. An earlier version incorrectly said Donald Trump had abolished the Department of Education. More

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      Pete Hegseth decried out gay troops in US military as part of Marxist agenda

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      Policies allowing out gay people to serve in the US military have been denounced as part of a “Marxist” agenda aimed at prioritising social justice above combat-readiness by Pete Hegseth, Donald Trump’s embattled defence secretary pick.The assertion was among many contentious “anti-woke” views expressed in Hegseth’s latest book, The War on Warriors, published this year, in which he lambasted a previous policy – known as don’t ask, don’t tell (DADT) – that tolerated gay service members as long as they did not disclose their sexual orientation, while also excoriating its repeal.DADT was introduced as a compromise during Bill Clinton’s presidency in 1993 to allow lesbians and gay men to serve in the military in the face of opposition from senior commanders. The policy overturned a previous blanket ban that had been in place since the second world war.It was repealed in 2011 during the presidency of Barack Obama following numerous complaints of discrimination resulting from the dishonourable discharges of armed service personnel after their sexuality had come to light.Hegseth – whose nomination has become imperilled following allegations of drunkenness, sexual misconduct and financial mismanagement – has denounced DADT as the start of ideological “tinkering” with the armed forces for social justice ends, CNN reported .But he has also voiced regret over its repeal, calling it “a breach in the wire” that opened the path to a wider ideological and cultural change in the armed forces.Recalling how he was getting ready to deploy to Afghanistan when the policy was annulled, he wrote: “Our commander briefed the unit, peppered with a few jokes. You know, infantry stuff.“We mostly laughed it off and moved on. America was at war. Gays and lesbians were already serving in the military. I had seen the enemy with my own eyes. We needed everybody.”He now says that inclusive and tolerant attitude was a mistake, suggesting it paved the way for admitting transgender people into the military and allowing women to serve in combat roles, from which they were barred until a 2013 reform.“It started with Clinton under ‘don’t ask, don’t tell’,” Hegseth told the conservative broadcaster, Ben Shapiro, in an interview this year in which he cited a military recruitment advertisement of a soldier with two lesbian mothers as illustrative of a shift in military culture.“At least when it was an ‘Army of One’, they were, you know, [a] tough-looking, go get ’em army,” he said.“Now you just have the absurdity of ‘I have two mommies and I’m so proud to show them that I can wear the uniform too.’ So they, it’s just like everything else the Marxists and the leftists have done. At first it was camouflaged nicely and now they’re just open about it.”Hegseth’s aversion to gay people in the military and women in combat was expressed before Trump nominated him for a cabinet position that would give him decision-making power over both policies.Interviewed this week by CNN, Hegseth – a former army national guard soldier and Fox News host – declined to say whether he still believed it was a mistake to repeal don’t ask, don’t tell.He also said he supported “all women serving in our military” – despite previously arguing that their presence led to an “erosion in standards”.Hegseth repeatedly took issue with the concept of female combatants in a chapter of his latest book titled “The (deadly) obsession with women warriors”.“I’m going to say something politically incorrect that is perfectly commonsensical observation,” he wrote. “Dads push us to take risks. Moms put the training wheels on our bike. We need moms, but not in the military, especially in combat units.”In another provocative passage, he wrote: “If you train a group of men to treat women equally on the battlefield then you will be hard pressed to ask them to treat women differently at home.”Hegseth conflated the issue of women and gay people in the military in comments to Fox News in 2015, Meidas News reported.“Through don’t ask, don’t tell and women in the military and these standards, they’re going to inevitably start to erode standards because they want that one female special operator, that one female Green Beret, that one female Army Ranger, that one female Navy Seal, so they can put them on a recruiting poster and feel good about themselves – and [that] has nothing to do with national security,” he said. More

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      Montana supreme court blocks ban on gender-affirming care for trans minors

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      Montana’s ban on gender-affirming medical care for transgender minors has been temporarily blocked by the state supreme court on grounds that it is likely to violate the right to privacy enshrined in the state’s constitution.The top court in Montana sided on Wednesday with an earlier district court decision blocking SB 99, the ban introduced last year by the Republican-controlled state legislature. The decision will allow under-18 transgender girls and boys to continue gender-affirming medical treatment pending a full trial.Montana’s supreme court justices agreed with the district court judge Jason Marks who put a stop to the ban in September 2023, just days before it came into effect. Marks ruled: “The legislature has no interest … to justify its interference with an individual’s fundamental privacy right to obtain a particular lawful medical procedure from a healthcare provider.”The decision to allow gender-affirming treatment to continue for the time being was greeted with delight by the young plaintiffs and advocacy groups. Zooey Zephyr, a Democrat who is the first out trans member of the state legislature, said on social media: “Montana has a constitutional right to privacy, including in our healthcare decisions. Today our constitution continues to protect individuals from government overreach.”Zephyr was propelled into the national limelight in the spring of 2023 when she spoke passionately against the ban in the Montana house. She was banished from the chamber by the Republican leadership prompting large protests.Montana is among at least 26 states that have introduced bans on gender-affirming medical care for minors. By contrast, 15 states have enacted protections for under-18s seeking treatment.The state’s supreme court ruling comes at a critical moment in the nationwide battle over medical care for trans youth. Earlier this month the US supreme court heard oral arguments in a landmark case brought by the ACLU and others against Tennessee’s ban on gender-affirming hormonal therapies for trans minors.The ultra-conservative supermajority of the US supreme court appeared to be minded to uphold the Tennessee ban. However, trans adolescents in Montana would be shielded against any adverse ruling from the country’s highest court because the Montana decision is based entirely on the state’s own constitution and as such is insulated from the federal courts.skip past newsletter promotionafter newsletter promotion“I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,” one of the plaintiffs, Phoebe Cross, a 17-year-old transgender boy, said in a statement after the state supreme court issued its decision. “Just living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.”Cross’s parents, Molly and Paul Cross, were also plaintiffs, alongside Jane and John Doe on behalf of their 16-year-old trans daughter. Two medical providers of gender-affirming care in Montana also joined the suit in protest against SB 99 that punishes doctors or healthcare professionals who knowingly violate the ban with suspension from medical practice for at least a year.Akilah Deernose, director of the ACLU of Montana which represented the plaintiffs, said the ruling “permits our clients to breathe a sigh of relief”. But she warned: “The fight for trans rights is far from over.” More

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      How did transgender children in the US become so politicized? | Moira Donegan

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      The politicization of transgender children in the US is one of the most astounding coups of propaganda and organized animus in recent history. Rarely has so much attention and rage been directed at such a minuscule number of people, and more rarely, still, have those people been the most vulnerable and blameless among us: kids and teens.The first state to pass a ban on transition-related care for minors was Arkansas, in April 2021; less than four years later, more than half of states have such a ban on the books. In 2016, North Carolina lost an estimated $3.76bn in revenue following boycotts after they passed a law banning trans people, including transgender students, from using appropriate restrooms in public facilities; now, 14 states have such bathroom bans on the books, and the boycotts have receded.These changes in public attitudes towards trans youth – from a broad if imperfect sentiment of tolerance to a widespread and politically weaponized attitude of hostility toward a small minority of kids – did not emerge by accident. It was the product of a deliberate, conscious effort to radicalize large swaths of the United States, and significant chunks of state policy, into a hostility towards a few children.That effort seems set to bear fruit now, at the US supreme court, in US v Skrmetti, a lawsuit brought by the ACLU and the Biden Department of Justice challenging Tennessee’s HB1, a sweeping ban on transition-related care for minors that was passed in 2023. The law prohibits any puberty blockers or hormones from being prescribed for the purposes of gender transition, but it does not prohibit these medications from being prescribed for any non-transition-related purpose. A minor can be prescribed puberty blockers, for instance, if their doctor believes they are experiencing early onset, or “precocious”, puberty; they cannot be prescribed puberty blockers to delay the onset of a puberty that may change their bodies in ways they do not desire for gender identity-related reasons.That means, too, that a child assigned male at birth could access, say, testosterone treatment, but a child assigned female at birth could not. In oral arguments on Wednesday, solicitor general Elizabeth Prelogar and Chase Strangio of the ACLU – the first trans attorney to argue before the supreme court – explained that this was a straightforward case of sex discrimination, and hence needed to be subjected to a heightened standard of judicial review under the 14th amendment’s equal protection clause.It will not be. A majority of the court’s conservatives seemed poised to uphold the ban on transgender healthcare, though for a variety of different reasons. Brett Kavanaugh made his usual mealy-mouthed paean to states’ rights, an argument he always makes in questions of federally guaranteed equality provisions, but not before extolling the hypothetical suffering of teenagers who may access gender-affirming care but then later come to regret it. (One wonders if there are any choices from his own adolescence that Brett Kavanaugh has come to regret.) Clarence Thomas and chief justice John Roberts, meanwhile, both advanced the idea that the physiological differences between male and female bodies could moot the equal protection clause’s reach, giving states broad leeway to regulate medicine in ways that would uphold gender hierarchy.For his part, Samuel Alito also seemed interested in the idea that states might have a right to effect gender discrimination via their regulation of medicine. He repeatedly cited the 1974 case Geduldig v Aiello, in which the supreme court ruled that states could discriminate on the basis of pregnancy, and that pregnancy discrimination was not sex discrimination – because even though only female people become pregnant, not all of them are pregnant all of the time. (At the time, Congress found the outcome in Geduldig so egregious that it passed a law clarifying that pregnancy discrimination does count as sex discrimination for the purposes of federal civil rights law, and the precedent was largely mooted, but Alito’s controlling opinion in Dobbs has revived it.)But Alito, true to form, did not confine his opining to the notion that discrimination against trans people does not count as sex-based discrimination: he went on to suggest that trans people are not quite real, peppering Strangio, in a scene that seemed intended to humiliate the trans attorney, with questions about whether trans identity was truly an “immutable” characteristic. For his part, Strangio responded with a dignity and respect that Alito’s line of questioning did not merit.It was not the only low moment. James Matthew Rice, the Tennessee solicitor general who defended the ban in court, repeatedly compared gender affirming care with suicide, as well as to lobotomies and eugenics. During his time, justices Ketanji Brown Jackson and Sonia Sotomayor, with occasional assists from Elena Kagan, tried to chase Rice down on the inconsistencies in his own argument.Tennessee claimed, after all, that the law did not discriminate on the basis of patients’ sex, but rather on the basis of the purpose of their treatment; when the liberal justices pointed out that this was a distinction without a difference, because the purpose of the treatment was dependent on the patients’ sex, Rice simply repeated his assertion that there was a difference, there, somewhere. Jackson, in particular, worked to get Rice to explain his position for some time. He declined to.To call the Tennessee ban sex-neutral is laughable, almost insulting. The statute itself makes gender conformity its explicit justification in its text, saying that it aims to prohibit “sex inconsistent treatment”, or anything that “might encourage minors to become disdainful of their sex”. The law has long included sex role stereotyping within the purview of sex discrimination; Tennessee has sought to enforce sex roles, and sexed embodiment, with the force of the state. There is no good faith reading of the law that would allow it to withstand the scrutiny that the 14th amendment requires. But luckily for Tennessee, this is not a good faith court.

      Moira Donegan is a Guardian US columnist More

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      Sarah McBride says Republican attack on trans rights is ‘attempt to misdirect’ voters

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      Sarah McBride, the first openly transgender person elected to Congress, on Sunday condemned Republicans’ latest attack on trans rights as “an attempt to misdirect” voters away from more central issues in communities, such as healthcare costs and economic inequality.Delaware’s incoming Democratic member of the House of Representatives, who will join Donald Trump’s new administration in January, also hit back against bathroom restrictions for trans people announced by the GOP on Capitol Hill last week.In a CBS interview on Sunday morning, the congresswoman-elect said: “I think we are all united that attempts to attack a vulnerable community are not only mean-spirited but really an attempt to misdirect. Because every single time we hear the incoming administration or Republicans in Congress talk about any vulnerable group in this country, we have to be clear that it is an attempt to distract.”McBride added: “Every single time we hear them say the word ‘trans’, look at what they’re doing with their right hand. Look at what they’re doing to pick the pocket of American workers, to fleece seniors by privatizing social security and Medicare. Look at what they’re doing, undermining workers.”McBride’s remarks come in response to Republican House speaker Mike Johnson last week banning trans people from using single-sex bathrooms on Capitol Hill that match their gender identity. This follows a bill introduced by South Carolina Republican representative Nancy Mace, who sought similar bathroom restrictions for all trans people using the Capitol, including congressional members, officers and employees.Last Tuesday, Johnson told reporters: “A man is a man, and a woman is a woman, and a man cannot become a woman. That said, I also believe that’s what [Bible] scripture teaches … but I also believe that we should treat everybody with dignity.”McBride was asked by CBS whether she believes she is being treated with dignity.McBride said: “I didn’t run for the United States House of Representatives to talk about what bathroom I use. I didn’t run to talk about myself. I ran to deliver for Delawareans. While Republicans in Congress seem focused on bathrooms and trans people, and specifically me, I’m focused on rolling up my sleeves, beginning the hard work of delivering for Delawareans on the issues that I know keep them up at night.”She added: “Every bit of time and energy that has been used to divert the attention of the federal government to go after trans people is time and energy that is not focused upon addressing the cost of living for our constituents, and we have to be clear that there is a real cost to the American worker every time they focus on this.”skip past newsletter promotionafter newsletter promotionSupporters of McBride and trans equality, including fellow Democrats in congress, have rushed to defend her.Illinois US senator and Democrat Tammy Duckworth told CNN on Sunday that she believes Mace’s position is “disgusting and wrong”, adding: “I think we have a lot more to worry about than where somebody goes to pee.” More

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      Women and LGBTQ+ people take up guns after Trump’s win: ‘We need to protect ourselves’

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      The misogyny and anti-trans rhetoric that were hallmarks of the 2024 election campaign have seemingly ramped up since Donald Trump’s win, prompting some women, queer and trans people to respond by buying guns – and learning how to defend themselves from potential attackers.The Guardian spoke to various Americans from marginalized groups taking firearms classes, arming themselves with stun guns and pepper spray and taking their friends shooting in an effort to protect themselves from bigots they fear will be emboldened by the president-elect’s return to power. A few left-leaning gun clubs say their numbers are increasing dramatically.“I am thinking about carrying every day,” said Ashley Parten, 38, a Douglasville, Georgia, resident who purchased stun guns for herself, her daughter and three nieces after the election. Parten, who is Black and bisexual, is also eyeing a maroon handgun that she plans on buying after taking a firearms class.“We all feel the need to make sure that we’re aware of our surroundings and protect ourselves in general, but even more so now,” she said.Earlier this week, the Republican House speaker, Mike Johnson, in effect targeted Sarah McBride, the first openly trans person elected to Congress, by stating single-sex bathrooms in the Capitol “are reserved for individuals of that biological sex”. Trump, whose campaign released a firehose of anti-trans attack ads, has promised to ban gender-affirming care for minors and “keep men out of women’s sports”.The president-elect and several of his cabinet picks are also facing sexual misconduct allegations; he and his allies have bragged about the overturning of Roe v Wade and denigrated childfree women.“Our identities are politicized every single day,” said Parten.View image in fullscreenA few days after Trump’s first presidential win in November 2016, Parten said she was filling up with gas in Charleston, South Carolina, when a white man in a red Maga hat shoved her against the pump. She says she elbowed the man and then drove off.“He told me that my N-word president couldn’t protect me any more, because it was Trump country,” she recalled.Some firearms sellers and trainers who serve marginalized groups said they had seen an explosion of interest following the election.“It’s been massively overwhelming,” said Tom Nguyen, founder of LA Progressive Shooters, a gun club that caters to Bipoc and LGBTQ+ people.His beginner pistol course is sold out until June 2025 and he says he’s been “getting more bookings on a daily basis, every single day since the election than I ever have in the past four years that I’ve been doing this work”.The nationwide Liberal Gun Club said it had fielded thousands of new membership requests since the election, about half of which have come from women, with queer and trans people also accounting for a bulk of newcomers. One Wisconsin-based instructor has already trained 100 new members, according to the club spokesperson, Lara Smith. The Pink Pistols, a national gun group catering to LGBTQ+ people, said it had opened six new chapters since the election.Politically motivated gun sales aren’t new, nor are they unique to progressive voters.Barack Obama’s 2008 election resulted in a sustained surge in gun sales throughout his tenure.Just a few days before the election, Michael Cargill, who owns Central Texas Gun Works in Austin, said he saw a spike in sales from conservatives stocking up on firearms and ammo because they believed Kamala Harris winning would result in a second amendment crackdown. (The US vice-president has said she owns a Glock.) Cargill, a Black, gay Republican, said his firearms classes have doubled in size since Trump’s win and are now at capacity. The influx is primarily coming from women and LGBTQ+ people worried about their rights and potential “civil unrest”, he said.The manosphere, an anti-feminist online ecosystem, has embraced Trump’s win with posts celebrating male dominance and the loss of bodily autonomy for women and LGBTQ+ people.skip past newsletter promotionafter newsletter promotionAfter the election, the white nationalist podcaster Nick Fuentes wrote on X: “Your body, my choice. Forever.” Smith, the Liberal Gun Club spokesperson, said many new members said the post motivated them to join.“If there’s men out there that really think like that, I want at least a fighting chance if I ever encounter one,” said Kylee Ortega, a 24-year-old Texan who bought a pink stun gun featuring a cartoon Grim Reaper and a strawberry keychain that can be used to stab people.Trans gun enthusiasts and content creators are also hearing from their previously gun-shy friends who want to learn defensive shooting.View image in fullscreenJessie McGrath, 63, a lifelong Republican who is trans, grew up around guns on farms in Colorado and Nebraska. She decided to vote for Harris when Republicans started attacking gender-affirming care and “wanting to basically outlaw my ability to exist”. She ended up being a delegate at the Democratic national convention.“Government getting involved in making healthcare decisions is something that I never thought I would see the Republican party doing,” she said.McGrath, a veteran and prosecutor, now splits her time between Los Angeles and Omaha, and said she plans on taking a group of friends shooting when she’s back in Nebraska next month.“I’ve seen a huge uptick in women who don’t like guns who are thinking about at least getting trained on it,” she said. “It is a real, valid feeling that these people have, because the attacks have gotten larger. They’ve gotten more vitriolic.”While many women and LGBTQ+ folks cite protection as a reason for owning a gun, and may feel comforted having one, Harvard University research shows that it’s relatively rare to use a gun in self-defense. A meta-analysis by the University of California, San Francisco found that women with access to firearms are three times more likely to be killed than women who don’t have access.Tacticool Girlfriend, a trans woman and gun YouTuber with more than 62,000 subscribers, said she was concerned that people were panic-buying guns because of Trump’s win.“Guns are not going to answer most of people’s problems, even in the realm of self-defense. Training to use and carry pepper spray and studying martial arts will always be far more practical and useful in everyday self-defense scenarios,” she said, noting that gun ownership is costly in both time and money.“If you can’t dry-fire at least once a week and go out to the range once a month on average, you’re likely to become more of a liability to yourself and everyone around you in the event that you ever needed a gun.” More

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      Five actions Biden can take to protect civil liberties before Trump’s presidency

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      In less than two months, Donald Trump will take office, threatening several areas of American life and international policy. The president-elect has pledged to take aim at LGBTQ+ rights, specifically for transgender and gender-non-conforming people. He has promised to conduct mass deportations and raids as a part of a far-right approach to US immigration. And he is expected to roll back data collection practices on police misconduct and stifle any hope of passing police reform in Congress – specifically the George Floyd Justice in Policing Act.Trump will largely be able to roll out his agenda, outlined in the 900-plus-page Project 2025 document, as Republicans took control of Congress during the 2024 general election. Joe Biden’s actions in his remaining time in office could be a crucial buttress against the expected impacts of the next four years.Six experts spoke with the Guardian about what the US president could do in his remaining time to protect the most vulnerable people:1. LGBTQ+ rights: fulfill executive order initiatives and confirm judgesAmong Trump’s collection of anti-LGBTQ+ initiatives, his administration’s plans to redefine sex are of particular concern, said Elana Redfield, the federal policy director at the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy.  Sex would be redefined “in such a manner that actually eradicates trans people”, said Redfield, and would not allow for “self-identification”. “The definition of sex that they would propose is that sex is defined based on anatomical characteristics at birth and is unchangeable.” The definition of sex is “at the core of some of the biggest civil rights conversations we’re having in the LGBTQ+ context”, said Redfield. The Biden administration has interpreted the definition of “sex” to include sexual orientation and gender identity. But with Trump, redefining sex could rollback protections and cause issues for transgender people attempting to access federal programs such as social security benefits, especially as many programs ask for participants to enroll with a gender identification. A redefinition of sex could also result in people being investigated for fraud if their gender doesn’t match across all federal identification documents, said Redfield. Many of these questions around the federal government’s ability to define sex will face legal challenges. So Biden, in tandem with Democrats, should continue to confirm federal judges who will probably hear legal cases about gender, Redfield said. Congressional Democrats have managed to confirm several and are only 15 short of the 234 judicial confirmations needed to match the record set by Trump during his first term. Biden should also complete everything outlined in his Executive Order 14075, including checking in with federal agencies to make sure they are well equipped to handle increased needs from LGBTQ+ people amid Trump’s presidency. “For example,” Redfield said, “if everyone’s changing their passports right now, they need to make sure they have enough staffing for that.”2. Police reform: make sure data on policing is publicly availableThrough executive orders, Biden largely increased data collection on patterns and practices of police departments, said Patrice Willoughby, the chief of policy and legislative affairs at the NAACP. But such data, which tracks police actions including traffic stops, arrests and use of force, will probably come to a “complete stop” under Trump’s administration, likely to boost “the narrative of Black violence” cited by conservatives. Willoughby added that Trump will not provide an opportunity to continue reform efforts seen under Biden, especially given past comments supporting a “violent day” of policing to end perceived increases in crime. With his remaining term, Biden must make sure that data on policing is “available publicly for advocacy organizations, state and local governments” and disseminated so it does not “disappear during a second Trump presidency”. Additionally, the Biden administration should ensure that the “methodology of collecting data” is available to state and local municipalities so it can be “replicated across different ecosystems”, said Willoughby. “States and localities that are interested in police reform [can] have the path forward in order to continue to collect data and apply it in their individual communities.”It’s also important for Biden to direct federal agencies to use funding that has already been earmarked by Congress to address police reform, especially, she said, as conservatives will probably “claw back” funding allocated towards equity and communities of color.3. Immigration: close detention centers and slow rate of detentions Biden should close the estimated 200 US detention sites that will be used by Trump to carry out mass deportation and slow down the current rate of detention for undocumented people, said Naureen Shah, deputy director of government affairs at the ACLU.“When I think about the Trump presidency, I’m anticipating an avalanche of anti-immigrant action from day one, from within hours of inauguration,” said Shah. She added that Ice will probably conduct raids using state and local law enforcement, targeting of undocumented students and attacks on birthright citizenship. The biggest issue is that the Biden administration has left “intact the infrastructure for abuse”, Shah said, including the US detention sites that will be used during Trump’s mass deportation. “We urged the Biden administration early on to close detention facilities across the country,” she said. “We argued that they needed to close the facilities so that another administration couldn’t come in and fill them up.”But instead, the number of detentions has increased throughout the Biden administration, now reaching approximately 37,000 a day, said Shah, with Trump planning to increase that amount. Shah warned that Trump would now have “the empty beds to fill” because “the Biden administration left it all there”. Biden also left in place 287(g) agreements, which allow Ice to tap local law enforcement to identify and place immigrants in the deportation pipeline. Requests for the Biden administration to end said agreements have gone unfulfilled, said Shah.“At this point, we’re calling on the Biden administration to at least slow down the expansion that is planned of Ice detention and to close facilities run by abusive sheriffs and private prison companies,” Shah said, naming the Baker county detention center as a site that advocates have been flagging for years.4. Gaza: end arms sales to Israel Biden could withdraw US military assistance and arms sales as well as allowing for an “honest assessment of Israel’s conduct”, said Kenneth Roth, the former executive director of Human Rights Watch. “It’s not too late for Biden to invoke that leverage as US law requires and even in recognizing that Trump would probably reverse it, it still would be an extremely important statement,” Roth said. Allowing for a review of Israel’s actions, including the restriction of humanitarian aid and bombing shelters housing civilians, would make clear that such conduct “[are] war crimes”. “It would be more than just an important rebuke of how the Israeli government is fighting this war. It would help to lay the groundwork for potential international criminal charges,” Roth said, adding that Trump could later face charges for “aiding and abetting war crimes” if the war is still conducted in this manner. But such actions are unlikely. The Biden administration could have allowed the United Nations security council to insist on a ceasefire with “no political cost”, Roth said, comparing the moment to when Barack Obama allowed a security council resolution on the illegality of Israel’s West Bank settlements to go through before Trump’s inauguration in 2016. “[But] Biden wouldn’t do it. He vetoed it … [He] would not do the comparable thing, even though the stakes are much higher. “Biden has said all the right things. He’s pressed for a ceasefire, he’s urged greater attention to civilian casualties, he’s pressed for food and humanitarian aid to come into Gaza,” Roth said. “He’s done nothing to use his leverage to back up those pleas.”5. Education: broadly expand DEI effortsTrump’s plans to rescind diversity, inclusion and equity (DEI) efforts from the Biden administration could embolden states that are already targeting such initiatives in education, through anti-CRT (critical race theory) laws, which often restrict classroom material and curriculum on topics including race, sexual orientation and gender identity, said Jordan Nellums, a higher education senior policy associate at the Century Foundation, a progressive thinktank. “The problem that we’ve seen in some states like Texas is that now faculty are looking at their syllabi for classes and realizing that they can’t even use the word ‘race’ or any type of word that may indicate that there’s going to be a discussion on race in certain classes,” he said.With the Department of Education potentially being dismantled, it could also pause its work at making sure that students facing discrimination have a means of reporting it, specifically through the Office of Civil Rights within the education department. Education is largely a “state issue”, said Nellums, but the Biden administration could sign executive actions to mandate that agencies protect DEI efforts more broadly. In terms of student debt, an issue disproportionately affecting people of color and low-income people, Biden could also make sure that those who are eligible for student loan forgiveness, specifically with public servant loan forgiveness and individuals who were defrauded by their college, said Aissa Canchola-Bañez, policy director for the Student Borrower Protection Center. “The Biden-Harris administration has done so much great work in trying to  fix some of the programs that were broken under the last Trump administration, fixing the Public Service Loan Forgiveness Program and fixing Income Driven Repayment program,” said Canchola-Bañez. But many people are still waiting to get debt relief due to bureaucratic backlogs, said Canchola-Bañez. “The Biden administration can also work to make sure that all those folks who were promised relief actually see it happen.” More

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      I’d much rather share a ladies’ room with Sarah McBride than with Nancy Mace | Margaret Sullivan

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      Since the conversation, if you can call it that, about trans people always seems to come down to bathrooms, I am sure of one thing.I would much rather share a ladies’ room or a locker room with Sarah McBride than with Nancy Mace.McBride, of course, was just elected to Congress and, in January, will be the highest-ranking elected official in America who is transgender. The 34-year-old comes to the US House of Representatives after serving in the Delaware legislature; before that, she was the national press secretary of the Human Rights Campaign.Mace, a member of Congress from South Carolina since 2021, has been on an ugly campaign in recent weeks clearly intended to belittle and marginalize McBride – and to get on TV as much as possible doing so. She has filed a resolution, and the House speaker, Mike Johnson, has given it his nod of approval, that would somehow force trans people to keep out of the congressional bathrooms that reflect their gender identity.“If you think this bill is about protecting women and not simply a ploy to get on Fox News, you’ve been fooled,” wrote Natalie Johnson, Mace’s former communications director. She added, pointedly, that a real effort to protect women would involve “a bill to bar Matt Gaetz, a sexual predator with an affinity for underage girls, from ever walking those halls again”. (Trump, as you know, tapped the far-right former Florida representative as his attorney general as part of this month’s parade of appalling cabinet choices. Gaetz later withdrew from consideration.)On Wednesday, McBride reacted with dignity to all the performative insults and abuse. She simply responded that she would follow the rules and that she’s in Congress to represent her Delaware district; I’m sure she’ll eventually find ways to continue her admirable advocacy.Mace, on the other hand, can’t be described as dignified. She’s running around pasting the word “biological” on restroom doors for photo ops, and snidely tweeting in McBride’s direction about International Men’s Day.And she’s getting plenty of the media attention she craves.On one level, this is all part of the unending circus of the Trump era.On a human level, it’s scary, wrong and damaging.“As a trans person myself, I’m really worried about where this is headed,” wrote Parker Molloy, who writes incisively about politics and media in her newsletter the Present Age. “I spend each day worrying about whether or not the healthcare that keeps me alive will remain legal, whether I’m going to face new restrictions on where I’m allowed to exist in public, what would happen to me if (god forbid) I wound up in prison for some reason, and whether or not my identity documents like my passport will be retroactively made invalid.”She added poignantly: “Now, more than ever, I feel alone.”Trans students may have it even worse. Again, it often comes down to bathrooms.A lot of children, especially transgender and gender-nonconforming children, avoid bathrooms all day, since that’s where the bullying can be most intense. Thus, advocates say, trans kids often are prone to urinary tract infections or eating disorders because they’ve avoided eating and drinking.skip past newsletter promotionafter newsletter promotionAs for the right’s obsession with trans students on sports team, the vast majority have no unfair advantage on the playing fields (or courts, or pools). They are just trying to reap the same benefits of sports as do other kids – leadership, teamwork and friendship.The meanspirited and misinformed narrative about transgender people makes it difficult for them to feel cared about and to live full lives.But don’t try to tell that to Mace, whose preoccupation is not with kindness or decency, but with getting attention and winning the culture wars.As the Daily Beast reported last year, Mace’s staffers were given a handbook that outlined just how intensely this mattered to their boss; they were told to book her on TV multiple times a day, amounting to nine times a week for national outlets and six times a week for local outlets.In 2021, Mace depicted herself as supportive of LGBTQ+ rights. That was before the tide turned so forcefully and, as Philip Bump of the Washington Post put it, before “the Republican base had been fed a steady diet of anti-trans rhetoric, making trans issues fertile ground for anyone willing to engage in the fight”.Mace, clearly, is more than willing.If that means being cruel, then so be it. As writer Adam Serwer observed about Trumpian politics: “The cruelty is the point.”Meanwhile, vulnerable and marginalized people are made to suffer for trying to be true to themselves. And despite the progress shown by McBride’s election, the world around this milestone seems to be getting increasingly harsh.

      Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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      Racist and anti-LGBTQ+ texts target Americans across US, including teens

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      Racist text messages targeting Black people across the US just hours after Donald Trump won a second presidency have now expanded to the Hispanic communities – and homophobic versions have been aimed at LGBTQ+ people, the FBI said on Friday.Authorities say they are investigating the messages – which now include emails – and that they have not received reports of violent acts stemming from the hateful messages.The recipients of the messages include high school students being told that they have been “selected for deportation or to report to a re-education camp”, the FBI said in a statement.After the 5 November US presidential election saw Trump returned to the White House, Black Americans reported receiving racist text messages telling them they had been “selected” to pick cotton and needed to report to the “nearest plantation”.Black people in states including Alabama, South Carolina, Georgia, New York, New Jersey and Nevada, and in Washington DC and elsewhere, reported receiving the messages. The messages were sent to Black adults and students.Some of the texts were signed “a Trump supporter”. Trump’s spokesperson, Steven Cheung, said the campaign “has absolutely nothing to do with these text messages”.The National Association for the Advancement of Colored People (NAACP) condemned the messages, saying that they “represent an alarming increase in vile and abhorrent rhetoric from racist groups across the country, who now feel emboldened to spread hate and stoke the flames of fear”.“The unfortunate reality of electing a president who historically has embraced, and at times encouraged hate, is unfolding before our eyes,” the NAACP president and chief executive officer, Derrick Johnson, said in a statement last week.The FBI said it is contact with the US justice department and other federal authorities on the racist and homophobic messages. More