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LGBT-inclusive education reform bill introduced in Senate

Harkin includes SNDA, SSIA provisions as part of measure

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Tom Harkin, United States Senate, Democratic Party, Iowa, gay news, Washington Blade
Senate HELP Committee Chair Tom Harkin has pledged to move ENDA this year (Blade file photo by Michael Key)

Senate HELP Committee Chair Tom Harkin has pledged to advance ENDA this year. (Blade file photo by Michael Key)

The lead Democrat on education issues in the U.S. Senate introduced on Tuesday an education reform bill that includes provisions aimed at prohibiting bullying and discrimination of LGBT students.

For the first time, Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) introduced the LGBT-inclusive legislation to reauthorize the Elementary & Secondary Education Act with language along the lines of Ā the Student Non-Discrimination Act and the Safe School Schools Improvement Act.

In a statement to the Washington Blade, Harkin touted the inclusion of the LGBT bills in his 1,150-page long bill known as theĀ Ā Strengthening Americaā€™s Schools Act of 2013

ā€œBecause every child deserves a safe and healthy place to learn, we have included the Student Non-Discrimination Act and the Safe Schools Improvement Act in this yearā€™s reauthorization of ESEA,” Harkin said. “These provisions will help to ensure that all students, regardless of gender identity or sexual orientation, are treated fairly and afforded equal opportunities to succeed in the classroom.”

Modeled after Title IX of the Education Amendments of 1972, the SNDA-like provision in the bill establishes LGBT students as a protected class and prohibits schools from discriminating against any student based on actual or perceived sexual orientation or gender identity. The discrimination includes allowing bullying against them.

The bill also contains provisions similar to SSIA that advocates for a positive school climate and requires reporting on incidents of bullying, including on the basis of sexual orientation and gender identity.

Plans are already underway to advance the bill out of committee. In a statement, Harkin announced he’ll start the markup of the bill, which is co-sponsored by every Democratic member of the committee, starting Tuesday.

The LGBT provisions are a small portion of the bill. The reauthorization of the Elementary & Secondary Education Act, which intends to restructure “No Child Left Behind,” aims to support teachers and principals to help provide high-quality instruction andĀ focus federal attention on supporting states in turning around low-performing schools.

Given that every Democrat on the panel is a co-sponsor of the education reform bill, the measure should have sufficient support for a successful committee vote. It remains to be seen whether any Republicans will vote in favor of the measure.

On the same day that Harkin introduced the education reform bill, Sen. Al Franken (D-Minn.) introduced the standalone version of the Student Non-Discrimination Act.

ā€œNo child should dread going to school because they donā€™t feel safe,ā€ Franken said. ā€œOur nationā€™s civil rights laws protect our children from bullying due to race, sex, religion, disability and national origin. My proposal extends these protections to our gay and lesbian students who shouldnā€™t ever feel afraid of going to school.”

Franken’s legislation has 30 co-sponsors, including lesbian Sen. Tammy Baldwin (D-Wis.), although the co-sponsors are Democrats.

In the House, SNDA has already been introduced. Rep. Jared Polis (D-Colo.), a gay lawmaker who’s sponsoring the bill, commended Harkin for including the LGBT measure as part of his education reform bill.

“SNDAā€™s inclusion in this important bill is reflective of how important protecting all students is and I look forward to working with my colleagues on the Education & Workforce Committee to move forward on our bipartisan bill in the House,” Polis said.

SSIA has also already been introduced in the House and Senate. In the House, the bill is sponsored by Rep. Linda Sanchez (D-Calif.) while in the Senate, the chief sponsor is Sen. Bob Casey (D-Pa.).

Last year, Harkin introduced a version of ESEA reauthorization that lacked either SNDA or SSIA. During committee markup, advocates pressured Franken and Casey to introduce their legislation as amendments during the committee markup. They ultimately withdrew their amendments in committee while promising to offer the bills as amendments on the Senate floor. However, the full Senate never considered ESEA reauthorization.

LGBT advocates praised Harkin for introducing the LGBT-inclusive education reform bill and said they’d work to make sure the measure is signed into law.

Ian Thompson, legislative representative of the American Civil Liberties Union, said his organization is “very pleased” Harkin included in ESEA reauthorization a piece of LGBT legislation the ACLU has long sought.

“The fact that there is still no federal law ā€“ in the year 2013 ā€“ that explicitly protects LGBT students from discrimination and harassment in our nationā€™s public schools is unacceptable,” Thompson said. “We look forward to working with Chairman Harkin and Sen. Franken, SNDAā€™s longtime Senate champion, to advance this much-needed and long-overdue civil rights measure through the HELP Committee.”

Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, called the introduction of the LGBT-inclusive bill “a significant moment for our nationā€™s education system.”

ā€œWe are thrilled that the Senate is moving to address the long overdue issue of school bullying and harassment” Byard said. “This bill includes critical components to ensure safer learning environments. We will continue to work with the Senate as the process moves forward to make sure that key provisions remain intact so that every student can reach their fullest potential.ā€

Shin Inouye, a White House spokesperson, also expressed support for working with Congress on issues of bullying and harassment as the legislation goes forward.

“As the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment,” Inouye said.

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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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