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Eyes on Schumer in push for gay-inclusive immigration bill

N.Y. senator won’t commit support; Hatch urges Leahy to withhold amendments

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Chuck Schumer, Charles Schumer, New York, United States Senate, Democratic Party, gay news, Washington Blade
Chuck Schumer, Charles Schumer, New York, United States Senate, Democratic Party, gay news, Washington Blade

Sen. Chuck Schumer‘s vote on gay-inclusion in immigration reform is in question. (D-N.Y.) (Washington Blade photo by Michael Key)

Sen. Charles Schumer (D-N.Y.) has become the new focus for LGBT rights supporters seeking gay-inclusive immigration reform in the wake of comments he made suggesting he may not support amendments to include bi-national same-sex couples in the bill.

The senior senator from New York is seen as the only uncertain vote among the 10 Democrats on the Senate Judiciary Committee for two amendments that would enable gay Americans to sponsor their partners for residency in the United States.

Steve Ralls, a spokesperson for the LGBT group Immigration Equality, said late Thursday that “it has become crystal clear” that the fate of these amendments ā€” proposed by Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) ā€” now “rests entirely” with Schumer because his vote is needed to have majority support in committee.

“Sen. Schumer will determine if our families have the 10th vote they need,” Ralls said. “If he fails to offer that vote to Senator Leahy, and the chairman in turn cannot offer the amendment, it will be his fault, and his fault alone, that LGBT families are left behind.”

Earlier on Thursday, Schumer wouldn’t commit to supporting gay inclusion in immigration reform when speaking with reporters on Capitol Hill ā€” even though he’s a co-sponsor of the Uniting American Families Act ā€” on the basis that he thought their inclusion would derail the larger legislation. His office didn’t respond to the Blade’s request for comment on his position on the Leahy amendments.

According to Buzzfeed, Schumer said, “I’m not going get into speculatives. I would very much like to see it in the bill. But we have to have a bill that has support to get [the language] passed. That’s the conundrum.”

A member of the “Gang of Eight” that produced the base immigration bill, Schumer appears to be wavering amid threats from Republican members of the gang ā€” including Sens. Jeff Flake (R-Ariz.) and Marco Rubio (R-Fla.) ā€” who threatened to kill reform if the amendments are included.

Ralls noted that Schumer voted in 1996 for the Defense of Marriage Act, and said a vote in favor of the amendments would make up for that anti-gay action.

“In 1996, Senator Schumer cast a vote in favor of DOMA,” Ralls said. “Now, he has the option of cleaning up the disastrous mess he helped make. He has so far chosen, instead, to deliver our opposition’s talking points for them.”

Leahy filed two amendments earlier this week that would incorporate same-sex couples as part of immigration reform. One is along the lines of the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the country, while the other would be restricted to bi-national same-sex couples who are married. The two amendments are among the more than 300 that are on the table.

Fred Sainz, vice president of communications for the Human Rights Campaign, was more confident Schumer would cast a vote in favor of gay-inclusion if the amendments were brought to a vote.

“If Chairman Leahy offers either amendment he filed, and given Sen. Schumerā€™s long record of supporting LGBT equality, we would expect the senator to support either of them,” Sainz said.

Meanwhile, Senate Republicans in the committee seem united in suggesting that including the amendments as part of comprehensive immigration reform would be unacceptable.

Sen. Orrin Hatch (R-Utah), a member of the Senate Judiciary Committee, said on Thursday during a brief interview with the Washington Blade on Capitol Hill their inclusion “would kill the bill.”

“You’ve got to have a bipartisan, heavy majority in the Senate to be able to get this bill, and that would make it very difficult,” Hatch said.

Asked whether he’d vote “no” on the amendments, Hatch replied he hopes Leahy doesn’t bring up the amendments.

“If we can change the bill effectively, so that it will work, I would like the bill to go through,” Hatch said. “I don’t want to stop it. I have amendments that would stop the bill, too, but I’m not going to bring them up.”

Gregory Angelo, executive director of the Log Cabin Republicans, dismissed Hatch’s argument that gay-inclusion would kill immigration reform, pointing to the successful passage of the Violence Against Women Act reauthorization with LGBT provisions.

“The notion that something as simple as allowing married same-sex couples to sponsor their partner would kill the bill is preposterous,” Angelo said. Ā “LGBT provisions didn’t stop VAWA from passing in the Senate ā€” and the House ā€” and it won’t kill the CIR bill, either.”

The committee began consideration of amendments to the immigration reform on Thursday. Consideration of additional amendments is set to continue Tuesday, Thursday,Ā May 20 and every day that follows until thereā€™s a final vote on the bill.

Besides Schumer, Immigration Equality says the rest of the Democrats on the panel are “yes” votes.Ā Durbin, another Democrat on the committee and member of “Gang of Eight,” isn’t in the same boat as Schumer because the Illinois senator has articulated support for the amendments. Max Gleischman, a Durbin spokesperson, confirmed for the Blade that his boss supports the measures.

During an interview with CNN on Sunday, Durbin commented on the prospects of including bi-national gay couples as part of immigration reform.

“I happen to believe that it’s consistent with the position we should have marriage equality, and therefore, recognize marriages between people from the same gender,” Durbin said. “Now, this is a hot issue. It’s a contentious issue. If we can find a way through this to protect that basic right of an individual and still pass immigration reform, that’s what I want to achieve.ā€

For a time, Sen. Dianne Feinstein (D-Calif.), one of the Democrats on the committee, was seen as questionable because she expressed concerns over granting affidavits to same-sex couples as written under UAFA.Ā Her office didn’t respond to the Blade’s request for comment on the amendments, but Ralls maintained his organization has received commitments that she’d vote for the Leahy amendment restricted to married bi-national same-sex couples.

Leahy also continues to promote the idea that protections for gay couples should be included as part of comprehensive immigration reform as more states continue to legalize same-sex marriage. He articulated his views in an interview with Politico published on Thursday.

ā€œOn this particular issue, you know, at some point weā€™re going to have to face it, and we have to decide when is the best time to face it,ā€ Leahy said. ā€œYou canā€™t go into a state like mine or ā€” it will be now 11 or 12 states and the District of Columbia ā€” where same-sex marriage is legal, and say to this couple, ā€˜OK, we can help you with the immigration matter.ā€™ Turn to another couple equally legally married and say, ā€˜Oh, we have to discriminate against you.ā€™ā€

At the same time, debate is ensuing within the religious community about support for immigration reform if it includes language for bi-national couples.

According to the Associated Press, leaders from conservative religious groups who previously expressed support for immigration said during a conference call with reporters on Wednesday they would withdraw support if language for gay couples is included. Among the groups on the call were the Southern Baptist Convention and the National Association of Evangelicals

ā€œWeā€™re extremely hopeful that this bill will remain an immigration bill and not get tangled up with the issue of gay rights,ā€ Richard Land, a leader of the Southern Baptist Convention, was quoted as saying. ā€œBut if it did, if it did, the Southern Baptist Convention would not be able to support the bill.ā€

But a letter dated May, 6 2013 to Leahy from a coalition of other religious groups calls for the inclusion of gay couples in immigration reform. Among the 15 signers are leaders from the Lutheran Church, the Episcopal Church and the Unitarian Church.

“More than 2,500 faith leaders from all fifty states, including 57 bishops of the Episcopal, Methodist, and Lutheran churches are part of the Faith Coalition for the Uniting American Families Act,” the letter states. “No reform of that system can truly be called comprehensive unless it includes all immigrant families, including the families of same-sex spouses and partners.”

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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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