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Gay congressional candidates excel in 2Q fundraising

Baldwin rakes in $2.2 million; Tisei bests Dem incumbent

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Tammy Baldwin, Wisconsin, gay news, Washington Blade

Gay and lesbian candidates running for Congress posted strong fundraising numbers in the second quarter in a year when more out contenders than ever are making bids for high office.

The Washington Blade examined the second quarter campaign finance reports for the eight candidates seeking office in the U.S. House and U.S. Senate that were endorsed by the Gay & Lesbian Victory Fund. The second quarter numbers represent fundraising for the candidates starting in April through June and were posted recently to the Federal Election Commission website.

The eight endorsed candidates are among 13 identified openly LGBT candidates pursuing seats in the House and Senate throughout the country — an unprecedented number for any election cycle.

U.S. Senate candidate Tammy Baldwin (Blade file photo by Michael Key)

In the most high-profile race, lesbian U.S. Senate candidate Tammy Baldwin has been doing well in fundraising in her bid to become the first openly gay U.S. senator. Baldwin took in $2.2 million during the second quarter. That means she has raised $6.7 million this cycle while spending $3.96 million and having $3.5 million in cash on hand.

Technically, she didn’t come out on top in comparison to one of her Republican opponents. Eric Hovde, a hedge fund manager who recently entered the race, posted $2,494,211 for the second quarter. But Hovde, whose net worth has been estimated at $58 million, has spent millions on his own campaign and spent $3.5 million to make his name more well known. Others in the race came out behind: former Wisconsin Gov. Tommy Thompson raised $834,000, former congressman and gubernatorial candidate Mark Neumann raised $733,450 and State Assembly Speaker Jeff Fitzgerald raised $41,033.

The race between Baldwin and her potential Republican opponents appears tight. According to data published last month from Public Policy Polling, she’s in a dead heat with Novde, who leads her 45-44, and Thompson, whom she ties 45-45. Baldwin leads Neumann by 45-41 and Fitzgerald 46-42.

Perhaps the most surprising numbers come from Richard Tisei, a gay Republican former state legislator in Massachusetts, who raised $571,371 in the second quarter in his bid to represent Massachusetts’ 6th congressional district. That means he outraised Rep. John Tierney (D-Mass.), who raised $421,944 — even though he’s an incumbent Democrat running in a heavily “blue” state.

In a statement, Tisei, who outraised Tierney in the first quarter of 2012, thanked donors.

“I am consistently impressed with the strong support I am receiving from individual donors in support of my candidacy,” Tisei said. “In my wildest dreams, I wouldn’t have imagined that so many people would be supporting our message of change with their pocketbooks — particularly in these very tough economic times.”

The fundraising numbers for the second quarter mean Tisei has raised $1,237,000 thus far this cycle, has spent $435,410 and has $802,000 in cash on hand. Comparatively, Tierney has raised $1,325,650 this cycle, has spent $820,875 and has $693,000 in cash on hand.

On Wednesday, the D.C. newspaper Roll Call shifted the status of the race from “leans Democrat” to “toss-up.” The race is becoming competitive, in part, because Tierney, an eight-term U.S House member, has been under scrutiny because of controversy involving his family. Tierney’s brother-in-law, Daniel Eremian, was convicted of federal racketeering charges related to his operation of an illegal offshore casino, and Tierney’s wife was sent to jail for tax fraud related to this operation.

Tierney has a strong pro-LGBT record in the U.S. House: he voted in favor of “Don’t Ask, Don’t Tell” repeal, hate crimes protections legislation and a version of the Employment Non-Discrimination Act in addition to voting against the Federal Marriage Amendment.

U.S. House candidate Mark Pocan (Blade file photo by Michael Key)

Similarly strong numbers were posted in the second quarter by Mark Pocan, a gay Wisconsin Assembly member who’s seeking to represent Wisconsin’s 2nd congressional district. Baldwin is vacating the seat to run for Senate.

But Pocan is in a different situation because he still needs to win the Democratic primary, which is set for Aug. 14, and other Democrats are seeking the nomination to represent the party in the general election. Pocan raised $250,000 in the second quarter, besting his most serious competitor, Kelda Helen Roys, another state legislator in Wisconsin, who raised $130,833.

In a statement, Pocan said he accepted contributions from more than 3,300 donors over the course of his campaign, and 80 percent of donations came in increments of $100 or less.

“I am truly grateful for the outpouring of support from the District 2 community,” Pocan said. “I’ve met and talked to voters from Beloit to Baraboo, and it’s clear my message of progressive values with real results resonates with people.”

The second quarter numbers mean Pocan has raised $734,550 over the course of his campaign, has spent $280,635 and has $454,000 in cash on hand. Meanwhile, Roys has raised $392,393, spent $130,833 and has $190,120 in cash on hand.

Not all gay candidates are faring as well. Sean Patrick Maloney, didn’t raise as much as incumbent Rep. Nan Hayworth (R-N.Y.) in his bid to represent New York’s 18th congressional district. Maloney, who in June won the Democratic primary, raised $319,000 in the second quarter, while Hayworth took in $459,000.

Tim Persico, campaign manager for Maloney, said special interests were the reason his boss didn’t raise as much as the incumbent Republican in the past few months, but said he’s still in good position to win.

“Sean Patrick Maloney doesn’t have the same profitable relationship with PACs and corporate lobbyists that brought Congresswoman Hayworth over a million dollars, but the outpouring of support from friends, family and even complete strangers has put him in a position to win,” Persico said.

Support from the LGBT community is coming from both sides in this race. Hayworth, who has a gay son, Will Hayworth, has been seen as a friend to the LGBT community since she took office at the start of last year. For example, she was among five Republicans to vote against a recent measure to reaffirm the Defense of Marriage Act when it came to the floor last month.

U.S. Rep. David Cicilline (Blade file photo by Michael Key)

One of the gay U.S. House members seeking re-election — and who’s also facing a serious challenge in the primary and general election — also came out on top in fundraising last quarter. Rep. David Cicilline (D-R.I.), who last year became the newest openly gay member of Congress, raised $302,000 in the second quarter.

But his opponents aren’t too far behind. Anthony Gemma, a businessman, is Cicilline’s main challenger in the Democratic primary, which is set for Sept. 11, and raised $243,000 in the second quarter. The Republican in the race, Brendan Doherty, the Rhode Island State Police’s former superintendent, raised $221,711.

Cicilline is facing a complicated road to re-election because the city that he governed as mayor prior to winning election to the U.S. House, Providence, R.I., is facing financial problems. A report commissioned by the City Council last year blamed his administration for a lack of transparency and for making a series of moves – like tapping into Providence’s rainy-day fund – without councilors’ approval. The lawmaker apologized in April, saying he should have been more forthright about the financial condition of the city.

Polls are showing Cicilline could be in danger of losing the Democratic nomination. A poll from local TV affiliate WPRI published in May of 302 likely Democratic primary voters had Cicilline leading with 40 percent and Gemma following close behind at 36 percent — and 20 percent still undecided.

So far this cycle, Cicilline has raised $1,570,486, spent $771,723 and has $836,325 in cash on hand. At the same time, Doherty has raised $990,882, spent $321,532 and has $669,350 in cash on hand, while Gemma has raised $990,882, spent $87,071 and has $343,040 in cash on hand.

The bisexual lawmaker seeking to represent Arizona’s 9th congressional district is also coming out on top of a crowded field of a half dozen candidates seeking to win this newly created seat. Kyrsten Sinema, who’s bisexual and a state legislator, raised $367,554 in the second quarter. That’s above her most serious competitor in the primary set for Aug. 28, Andrei Cherny, who’s a former state party chair endorsed by former President Clinton. Cherny took in $301,895 during the same period.

In total this cycle, Sinema has raised $626,288, spent $267,492 and has $358,796 in cash in hand. In comparison, Cherny has raised $732,973, spent $263,913 and has $469,060 in cash on hand.

But the gay candidate didn’t come out on top in California’s 41st congressional district. Mark Takano, a school teacher and member of the Riverside Community College District’s Board of Trustees, raised $256,965, while his opponent, Riverside County Supervisor John Tavaglione, raised $337,667. Takano is seeking to become the first openly gay person of color to serve in the U.S. House in this newly created Democratic-leaning district.

So far this cycle, Takano has raised $758,156, spent $517,138 and has $241,093 in cash on hand. Meanwhile, Tavaglione has raised $790,027, spent $338,186 and has $451,991 in cash on hand.

Rep. Jared Polis (D-Colo.), who if re-elected would become the most senior openly gay member of the U.S. House, raised $59,503 in the second quarter. Those numbers put him at $848,000 in total for fundraising this cycle and leave him with $347,000 in cash on hand. An incumbent running in a safe Democratic seat, he’s not expected to face serious competition in his bid for re-election.

CORRECTION: An earlier version of this article incorrectly referred to Rep. Nan Hayworth as Nan Hunter. The name of Tim Persico was also misspelled. The Blade regrets the error.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.  

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law. 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.

Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography. 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional. 

“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements. 

Texas users are greeted with this notice.

The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as “ineffective, haphazard, and dangerous.” The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.

Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.

The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMV’s Wallet app, which contains a mobile driver’s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driver’s licenses or other methods.

The Associated Press reported this past October that an adult entertainment group’s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.

Texas users are greeted with this notice.

Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.

“As you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.”

“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”

“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” the message ends with.

The company previously blocked Utah on May 7, 2023. CNN reported at the time:

Affected users are shown a message expressing opposition to Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.

“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.”

Courthouse News reported that after Virginia’s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.  

“We passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”

Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EU’s executive branch.

They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.

In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

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