Ohio lawyer: Accusations of ‘grooming’ can be defamatory

By Sarah Kolick

Nine years after the Supreme Court recognized the human rights of same-sex couples to marry, I never thought that I would be attending city council meetings where members of my northeast Ohio community are trying to place bureaucratic hurdles to appease the demands of residents wanting to cancel Pride in Broadview Heights.

I am appalled that in the year 2024, people continue to promulgate the harmful narrative that LGBTQ+ people and our allies are “grooming” children (i.e. engaging in predatory behavior to sexually harm children), myths that I thought had been debunked by decades of research and common sense.¹

Unfortunately, Broadview Heights’ City Council meetings have exposed the disheartening reality that many in our Ohio community believe these disparaging myths and are willing to give voice to them for all to hear.

Throughout social media, supporters of the LGBTQ+ community have been falsely denounced as sexual predators who groom and indoctrinate children. This has led to anti-LGBTQ+ protesters tormenting parents taking their children to Drag Story Hour and to the Broadview Heights’ city council debate as to whether council members will have the ability to veto next year’s Brecksville-Broadview Heights (BBH) Pride Fest. It has also led to opponents of LGBTQ+ equality denouncing their opponents of sexually harming children or otherwise posing a risk to children’s safety through our mere presence.²

Organizers ‘delighted’ by record-breaking turnout for annual Brecksville-Broadview Heights LGBTQ+ Pride Fest [GALLERY]

At a certain point, these individualized allegations not only perpetrate a harmfully discriminatory narrative, but they also may be defamatory.

Even in the United States, Free Speech is not an absolute license to inflict tangible harm on the reputation of a person who supports LGBTQ+ equality by accusing them of sexually harming children.

Underlying demands to cancel BBH Pride is the idea that LGBTQ+ people are deviant sexual predators that harm cisgender heterosexual children.³

To be clear, statements made by public officials and residents at a city council meeting are privileged, meaning that such allegations are generally not actionable. However, if someone knowingly, recklessly or negligently makes a false statement or insinuation that an identified supporter of LGBTQ+ equality is sexually abusing or otherwise grooming children outside the walls of city hall, such statements may constitute actionable defamation.⁴

After all, falsely accusing a person or business of some of the most heinous crimes inflicts obvious harm on their reputation.

Such false allegations of sexual abuse and grooming, whether leveraged at individuals or groups, not only stigmatize the LGBTQ+ community and our allies, but also harm actual victims of sexual violence.

For example, the false assertion that allowing students to use restrooms that align with their gender identity will lead to cisgender girls being sexually assaulted harms the teens who are at the greatest risk of experiencing sexual violence: transgender and nonbinary teenagers.⁵ The sad reality is that transgender and non-binary teenagers are at a greater risk of being sexually assaulted in schools that prevent them from using bathrooms or locker rooms that align with their gender identity.⁶

By resorting to the fear that “biological men ” are masquerading as girls, we perpetuate a harmful myth that once again depicts LGBTQ+ children as sexual predators undeserving of protection. All of our children — especially our transgender and gender non-conforming children who are bullied not only by their peers but by bigoted adults in their community that cannot look beyond their personal prejudices — are deserving of protection.

The grooming narrative inflicts actual harm on the lives and reputations of real people who identify as members of the LGBTQ+ community and our allies. It is time we hold those who accountable wrongfully accuse us as being sexual predators for the harm they inflict upon our lives, reputations and society. 🔥

As a Feminist attorney at Minc Law, Sarah Kolick (she/her) regularly assists clients remove harmful content off the internet. She is  licensed in Ohio, Pennsylvania, the District of Columbia, Maryland, New Jersey, Texas, Tennessee and New York. She is a proud alumna of Smith College (2019) and George Washington University Law School (2022).

• [1] See e.g., Lisa DeMarni Cromer & Rachel E Goldsmith, Child Sexual Abuse Myths: Attidues, Beliefs, and Individuals Differences, 19 J. Child Sexual Abuse 618, 632 (2010) (“Data contradict the myth that CSA [child sexual abuse] perpetrators are most likely homosexual and indicate that majority of CSA perpetration is heterosexual”); Gregory M. Herek, “Facts About Homosexuality and Child Molestation, Sexual Orientation: Sci., Educ. & Policy,”  https://lgbpsychology.org/html/facts_molestation.html; C Jenny, T A Roesler & K L Poyer, “Are children at risk for sexual abuse by homosexuals?” 94(1) Pediatrics 41-1 (1994) https://pubmed.ncbi.nlm.nih.gov/8008535/ .
• [2] Max Sevor, “The Potential For Defamation Law To Stop Hateful and False Online Rhetoic Towards LGBTQ Individuals”,  87.3 Albany L. Review, https://www.albanylawreview.org/article/92503-the-potential-for-defamation-law-to-stop-hateful-and-false-online-rhetoric-towards-lgbtq-individuals; Clara Martiny & Sabine Lawrence, “A Year of Hate: Anti-Drag Mobilization Efforts Targeting LGBTQ+ People in the United States,” Institute for Strategic Dialogue (2023); Tim Squirrell and Jacob Davey, “A Year of Hate: Understanding Threats and Harassing Targeting Drag Shows and the LGBTQ+ Community,” Institute for Strategic Dialogue (2023); Melissa Block, “Accusations of ‘grooming’ are the latest political attack – with homophobic origins, NPR (2022) https://www.npr.org/2022/05/11/1096623939/accusations-grooming-political-attack-homophobic-origins
• [3] City of Broadview Heights, Work Session Meeting Minutes, April 15, 2024.
• [4] Max Sevor, “The Potential For Defamation Law To Stop Hateful and False Online Rhetoic Towards LGBTQ Individuals”, 87.3 Albany L. Review, https://www.albanylawreview.org/article/92503-the-potential-for-defamation-law-to-stop-hateful-and-false-online-rhetoric-towards-lgbtq-individuals .
• [5] Mark S. Friedman et al., “A Meta-Analysis of Disparities in Childhood Sexual Abuse, Parental Physical Abuse, and Peer Victimization Among Sexual Minority and Sexual Nonminority Individuals,” 101 AM J Public Health 8 (2011) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3134495/ (finding that “sexual minority individuals were 3.8 times more likely to experience childhood sexual abuse, 1.2 times more likely to be physically abused by a parent or guardian, 1.7 times more likely to be threatened or injured with a weapon or otherwise assaulted by a peer at school, and 2.4 times more likely to miss school because of fear”); Roviana Nagustin, Sexual violence against lesbians, gays, bisexuals and transgenders, 6 J. Health Studies 1 (2022), https://www.researchgate.net/publication/360008120_Sexual_Violence_against_Lesbian_Gay_Bisexual_and_Transgender .
• [6] “Transgender teens with restricted bathroom access at higher risk of sexual assault”, Harvard T.H. Chan School of Public Health (2019), https://www.hsph.harvard.edu/news/hsph-in-the-news/transgender-teens-restricted-bathroom-access-sexual-assault/.