Elon Musk’s X ‘proud’ to back woman investigated over trans bathroom picture

A portrait picture of Elon Musk photographed in Krakow, Poland on January 22nd, 2024 and X, former Twitter, logo are screened for illustration photo in Krakow, Poland on October 25, 2024. (Photo by Beata Zawrzel/NurPhoto)

Billonaire Elon Musk bought X in 2023.(Beata Zawrzel/NurPhoto/Getty)

Elon Musk’s X has announced it is supporting the legal case of a Republican activist who faces potential criminal charges after resharing a picture of a trans woman using a women’s bathroom.

The Global Government Affairs department for the platform formerly known as Twitter wrote on Monday (29 December) that it was “proud” to assist Michelle Evans, a local Republican party chair in Texas, as she seeks to overturn an appeals court earlier this month decision allowing a criminal investigation into the 2023 post to continue.

The investigation was launched after Evans reshared the picture of the trans woman using the women’s bathroom in the Texas State Capitol during a legislative debate on banning gender-affirming care for minors.

“X is proud to support the legal case of Michelle Evans,” read a post on X’s Global Government Affairs account. “Ms. Evans faces potential criminal charges for reposting a picture of a male transgender activist using the sink to wash his hands in the women’s restroom in the Texas State Capitol in May 2023. 

“Ms. Evans did not even take the photo. She merely posted it on X as part of political commentary on transgender issues. Yet, shortly after, the Travis County District Attorney launched a criminal investigation into her post.”

The statement argued: “The First Amendment protects Ms. Evans’ speech, yet in a 2-1 vote, the Fifth Circuit Court of Appeals issued a misguided and dangerous opinion allowing the criminal investigation to go forward. X is therefore assisting Ms. Evans in pursuing an appeal before all 17 judges of the Fifth Circuit. 

“We look forward to the full Fifth Circuit correcting this wrong and preserving free speech, which is the foundation of American democracy.”

Elon Musk looks on during a news conference with US President Donald Trump in the Oval Office
Elon Musk. (Allison Robbert/Getty)

X’s move comes after Elon Musk’s divisive platform scored poorly in GLAAD’s annual Social Media Safety Index this year, ranking below TikTok, Facebook, Instagram and Threads when it came to preserving the safety, privacy and expression of LGBTQ+ users.

Many LGBTQ+ organisations, including Mermaids and LGBT Youth Scotland, had already abandoned the platform in 2023 following Musk’s takeover, citing safety concerns.

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Musk himself has been a vocal critic of transgender rights, and recently repeated his tired claim that the so-called “woke mind virus” is responsible for his estranged daughter Vivian Jenna Wilson’s trans identity.

LOS ANGELES, CALIFORNIA - SEPTEMBER 20: Vivian Jenna Wilson attends the 2025 Teen Vogue Summit at NYA WEST on September 20, 2025 in Los Angeles, California. (Photo by Phillip Faraone/Getty Images for Teen Vogue)
Vivian Wilson is the daughter of tech billionaire Elon Musk. (Getty)

The tech billionaire had claimed in 2024 that his “son” was “dead”, claiming Wilson had been “killed” by the aforementioned virus.

Model Wilson, 21, has continued to thrive in the face of her estranged father’s public comments, responding at the time that she looked “pretty good for a dead b**ch” and making her New York Fashion Week debut in September 2025.

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