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Baldwin reflects on first 100 days as U.S. senator

Lesbian lawmaker sees movement on ENDA, anti-bullying measures

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Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade
Tammy Baldwin, Wisconsin, United States Senate, Democratic Party, gay news, Washington Blade

Sen. Tammy Baldwin (D-Wis.) will reach her 100th day in the U.S. Senate on Saturday. (Washington Blade photo by Michael Key)

The lesbian lawmaker who made history last year by becoming the first openly gay member of the U.S. Senate is about to mark another milestone: her first 100 days in office.

Saturday will mark 100 days in office for Tammy Baldwin, who was sworn in as the junior senator from Wisconsin on Jan. 3.

In an interview with the Washington Blade this week, Baldwin said nothing has surprised herĀ since she took office in the Senate because the upper chamber of Congress is so obviously different from the House, where she served for 14 years.

“On the home front, the difference is between representing a whole state and representing a slice of that state that’s reconfigured every 10 years,” Baldwin said. “That’s a big difference, and I come from a big state, a state with a really interesting political history. And so, that’s really, really exciting for me personally to represent the whole state of Wisconsin.”

Another key change for Baldwin is the relative ease of getting to know her 99 colleagues in the Senate as opposed to the 434 members with whom she served in the larger House.

“It may be just catching up with people on the walk to the Capitol or an elevator ride ā€” or all the people who’ve already reached out and said, ‘Let’s have dinner, let’s have coffee, let’s get to know each other and find out where our common ground is,” Baldwin said. “It’s one of the things I love about the legislative process ā€” trying to build majority support for certain ideas. A lot of that is done on that person-to-person level. And it’s much tougher in the House.”

And Baldwin is undertaking outreach for the LGBT community as she completes her first 100 days in office. On April 18, the D.C.-based Whitman-Walker Health will honor the senator with its Partner for Life Award at the “Be the Care” event. On Sunday, Baldwin gave a well-received keynote speech at the Gay & Lesbian Victory Fund’s annual champagne brunch in D.C.

In terms of LGBT issues, the most prevalent topic in the U.S. Senate these days isn’t legislation, but senators coming out for marriage equality. Just this week, Sen. Tim Johnson (D-S.D.) added his name to the list of senators, making a total of 54 in support of marriage equality.

Baldwin said the trend of U.S. senators coming out in favor of marriage equality reflects a growing trend nationwide. A widely cited poll from the Washington Post found that 58 percent of the American public now backs marriage rights for gay couples.

“In many cases, just like the president’s evolution on the issue, it’s been because of individuals wanting their neighbors, their relatives, their friends who are part of the LGBT community to have full and equal rights, including the right to marry the person they love and protect their own families,” Baldwin said. “I think sometimes you see elected officials leading, sometimes you see elected officials following. As long as they get to the right place, I celebrate either way.”

While many of these senators talked about consideration of their gay friends and colleagues before making their announcements, Baldwin said no U.S. senator spoke to her for her perspective as a lesbian in the days before they made their announcements because they were in the middle of spring recess.

And Baldwin has little patience for members of the LGBT community who criticized Republican Sen. Rob Portman (Ohio) for endorsing marriage as a result of his son coming out as gay.

“Obviously, he had a choice between whether to change his mind and do so privately, or change his mind and do so publicly,” Baldwin said. “I think it took courage for him to make this announcement, and, frankly, as I said earlier, the major factor for most Americans changing their mind is because of someone they know, someone they love, someone they work with. And so this is how most Americans change their mind, and I think that’s a great thing. I’m certainly not going to criticize it, and I would ask again, for those who are critical of Sen. Portman and support marriage equality, we want people to get to that place and be ready to take that stance, and we don’t really care what their journey is. We just want them to get there.”

Baldwin sees movement on ENDA, anti-bullying measures

Baldwin has relatively optimistic views about Senate advancement of pro-LGBT bills in the remainder of the 113th Congress.Ā She had particularly high hopes for legislation overseen by a panel on which she servesĀ ā€” the Senate Health, Education, Labor & Pensions Committee ā€” foreseeing advancement of both the Employment Non-Discrimination Act and the Student Non-Discrimination Act.

Recalling that Senate HELP Committee Chair Tom Harkin (D-Iowa) has pledged to move the legislation to the floor this year, Baldwin said we’ll “very likely” see ENDA advance in the Senate.

Although Baldwin sees a path in the Senate for ENDA ā€” even a floor vote ā€” it ends there. She wasn’t optimistic that the House under Speaker John Boehner (R-Ohio) would be amicable to the legislation.

“I’m feeling optimistic that we can get a floor vote on ENDA,” Baldwin said. “I’m feeling fairly pessimistic about the chances of ENDA moving ahead in the House as currently composed.”

On the issue of bullying, Baldwin was optimistic that both chambers would approve legislation ā€” provided the Senate undertakes education reform known as Elementary & Secondary Education Act reauthorization and includes the measure in the larger vehicle. Legislation that has addressed these issues are the Student Non-Discrimination Act and the Safe Schools Improvement Act.

“I think the prospect for either a Student Non-Discrimination Act within that bill or an anti-bullying measure within that bill ā€” or even both ā€” remains a distinct possibility,” Baldwin said. “And that is something that I think may be able to pass through both houses of Congress ā€” especially given earlier action in the House on the Violence Against Women Act that had LGBT-inclusion. It suggests a willingness to act in similar ways to protect LGBT youth.”

Baldwin based on her distinction on the chances of passing ENDA and an anti-bullying inclusive education reform bill on the temperament of House Republican leadership ā€” as well as passing the LGBT measure as one segment of another vehicle.

“I would say the parallel between VAWA and the ESEA is if we can make these very important provisions a part of a bill that gains some momentum, and that the Republicans in the House see as must-pass legislation, our prospects are brighter,” Baldwin said.

Although she predicts movement on ENDA, Baldwin also said she expects changes to ENDA upon reintroduction, which she anticipates later this month. The Blade previously reported the legislation was under review before its planned reintroduction later this month.

Baldwin didn’t detail the ways in which the legislation would be changed, butĀ talked vaguely about changes to ENDA that are the result of lessons learned from states and municipalities that have enacted non-discrimination policies based on sexual orientation and gender identity.

“I certainly think there’ll be some changes based on the hard work of advocacy and legal defense organizations across the U.S. where lessons have been learned from state level legislation, and we want to capture some of those changes in the proposal that’s introduced in the Senate,” Baldwin said. “That said, there’s also always the counter-attention of trying to keep all the range of supportive organizations on board and all of the, not only all of the prior sponsors of the legislation, but obviously you want to build on that to gain momentum. So, I think that’s the ā€” as I understand it ā€” the process that’s ongoing right now, and we hope it’ll come to a conclusion shortly so that the bill can be introduced.”

As previously reported by the Blade, Baldwin confirmed two areas where ENDA is under reconsideration are the religious exemption, which was previously in line with Title VII of the Civil Rights Acts of 1964, and disparate impact, an issue previously unaddressed by ENDA that deals with discriminatory action by employers that isn’t discriminatory on its face.

Thoughts on immigration, court cases

Another piece of legislation of interest to the LGBT community is the immigration reform bill that the “Gang of Eight” in the U.S. Senate is expected to make public soon. The Blade reported earlier this week that the Uniting American Families Act ā€” legislation that would enable gay Americans to sponsor their foreign same-sex partners for residency in the United States ā€” is unlikely to be included as part of the agreement.

That’s an expectation shared by Baldwin. Still, she said she expects Sen. Patrick Leahy (D-Vt.), the sponsor of UAFA in the Senate, to attempt to amend any legislation that goes through the Senate Judiciary Committee with a provision to include gay couples.

“We have the very strong potential of having the Judiciary Committee look at the some of the areas where the ‘Gang of Eight’ on immigration have left silent,” Baldwin said. “I expect that the committee will do that. And I’m very hopeful about the odds of UAFA ultimately becoming a part of the immigration reform measure.”

While not a member of the Gang of Eight producing the initial immigration reform legislation, Baldwin said she has been speaking with members of the Judiciary Committee about including UAFA as they address the bill.

“I certainly keep in touch with members of the Senate Judiciary Committee and have been voicing my strong interest in seeing them take up UAFA as an amendment at that stage of consideration of the bill,” Baldwin said.

The legislative front isn’t the only place where LGBT advances are expected. The U.S. Supreme Court is expected to rule in June in two marriage equality-related lawsuits: one challenging California’s Proposition 8, the other challenging the Defense of Marriage Act.

Baldwin, who attended oral arguments in the DOMA case, said she’s hopeful about an outcome that would enable the federal government to recognize legally married same-sex couples.

“I’m very hopeful that there will be a determination that DOMA is unconstitutional,” Baldwin said. “My hope is that then marriages would be recognized by the federal government regardless of venue or jurisdiction, but that really is one of the key issues that people are watching, and again, we don’t know how broadly the court will apply its decision.”

Although she wasn’t in attendance for the Prop 8 arguments, Baldwin was hopeful about a positive court ruling, although she didn’t know what the scope of the ruling would ultimately be.

“The feeling that the court may basically rule it’s improperly before the Supreme Court at this time either because of standing issues or because they basically made a premature decision to take up the case,” Baldwin said. “In either event, my understanding is that the lower court ruling, which declared Proposition 8 unconstitutional, would stand, but, unfortunately, that would mean the reach was only to the State of California, not nationally.”

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After Biden signs TikTok ban its CEO vows federal court battle

ā€œRest assured, we arenā€™t going anywhere,ā€ CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: ā€œMake no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,ā€ Chew said. ā€œRest assured, we arenā€™t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,ā€ he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

ā€œAs the former chairman of the House Intelligence Committee, I have long worked to safeguard Americansā€™ freedoms and security both at home and abroad. The Chinese Communist Partyā€™s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.ā€

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: ā€œSenator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTokā€™s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americansā€™ data privacy and foster continued innovation.ā€

The law, which givesĀ ByteDance 270 days to divest TikTokā€™s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platformsā€™s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker usersĀ are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we arenā€™t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it wonā€™t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally Iā€™m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTokā€™s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platformā€™s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violenceĀ and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriateĀ to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed ā€œbudgetary constraints and other resource issuesā€ and the museums are still developing programming for Pride month in June.

ā€œI, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,ā€ Bunch said in a statement to the paper. ā€œAs we have reiterated, LGBTQ+ content is welcome at the Smithsonian.ā€

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,ā€ he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.ā€

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Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey ā€” 52 vs. 37 percent ā€” said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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