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ENDA strategist’s remarks stir controversy

LGBT groups reaffirm dual-track approach as McTighe calls directive ‘partisan’

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Matt McTighe, Americans for Workplace Opportunity, gay news, Washington Blade
Matt McTighe, gay news, Washington Blade, Employment Non-Discrimination Act, ENDA

Matt McTighe comments dismissing an LGBT workplace executive order are stirring controversy. (Washington Blade photo by Michael Key).

Members of a coalition working to advance LGBT workplace protections reaffirmed their belief in a dual-track push for both the Employment Non-Discrimination Act and an executive order prohibiting job bias among federal contractors in the wake of the campaign manager dismissing administrative action as partisan.

Heather Cronk, managing director of one group that isn’t part of the campaign’s steering committee but that is still pushing for LGBT workplace protections, GetEQUAL, expressed the greatest concern over comments from Matt McTighe.

“It’s concerning that the new ENDA campaign manager is dismissive of any effort to make LGBT folks more equal under the law,” Cronk said. “And while I’m glad that Matt is lending his tremendous expertise on marriage to the fight for employment protections, we’re all able to walk and chew gum at the same time. We need both ENDA and the executive order to be treated equally in the workplace, as research has shown over and over again ā€” one or the other is simply insufficient.”

Matt McTighe, campaign manager for Americans for Workplace Opportunity, made the comments during an interview with the Washington Blade on Tuesday when asked about President Obama signing a heavily sought executive order prohibiting LGBT workplace discrimination among federal contractors, saying that kind of administrative action ā€œinjects a level of partisanship into whatever that debate is.ā€

ā€œThe minute an executive order is invoked, now youā€™re going to make it a lot harder for people from whatever party the current administration is not in, so in this case Republicans coming on board, it makes it harder for them because now this is much more of a partisan issue,” McTighe added.

That viewpoint departs from what LGBT groups have articulated about the need for both the executive order and ENDA to protect against LGBT workplace discrimination, including many of the groups that are part of the eight-member steering committee for the $2 million campaign that McTighe heads.

Rea Carey, executive director of the National Gay & Lesbian Task Force, was among those saying that LGBT advocates should pursue both legislative and administrative action.

“LGBT workers across the country must have employment protections now,” Carey said. “We will pursue all avenues to make progress on that goal ā€” including local and state work, an immediate executive order and pushing for Congress to pass ENDA.”

Since legislation such as ENDA takes time to move through Congress and to the president’s desk, an executive order is seen as an option that would bring more immediate relief to LGBT workers. Additionally, as noted in a 2013 report by the Center for American Progress, the executive order, unlike ENDA, would extend to companies with fewer than 15 employees.

Charlie Joughlin, a Human Rights Campaign spokesperson, expressed a sentiment that was similar to the Task Force’s in favor of a dual-track approach.

“We believe we need both,” Joughlin said. “The EO is essential and even if ENDA passed tomorrow, we would still want the EO. The EO can and should be done immediately. It’s long overdue as is ENDA.”

Mara Keisling, executive director of the National Center for Transgender Equality, said she wants both the directive and ENDA, but noted McTighe’s campaign is focused on legislative efforts.

“LGBT people need both ENDA and the executive order, and we really believe we will get both,” Keisling said. “Our goal is to be smart and hardworking and get both done as fast as possible. The Americans for Workplace Opportunity campaign, of which we are a part, is a campaign singularly focused on passing ENDA, as it was created to do.”

Ian Thompson, legislative representative of the American Civil Liberties Union, said his group is “proud” to take part in McTighe’s campaign, but also wants both the executive order and ENDA.

“To be clear, even if Congress were to pass ENDA tomorrow, President Obama should still sign this executive order to further protect Americans from workplace discrimination,” Thompson said. “It is important to provide LGBT people with the same workplace protections that apply based on race and sex, which is why both ENDA and the executive order are needed.”

The ACLU is one member of that steering committee that has spoken out against the religious exemption in ENDA on the grounds that it’s overly broad because it leaves LGBT people with fewer protections than discrimination based on race and gender.

Thompson also responded to comments that McTighe made in the article saying all steering committee members were on board with ENDA as currently written by saying ACLU would continue to push for limiting the religious exemption.

“Weā€™re committed to working shoulder to shoulder with our partners to move the ball forward on ENDA in Congress,” Thompson said. “But weā€™re also committed to seeing ENDAā€™s current religious exemption appropriately narrowed. Our commitment to narrowing the religious exemption will continue while we advocate for both ENDA and the non-discrimination executive order for federal contractors.”

One exception on supporting a dual-track came from the Republican member of the steering committee on the Americans for Workplace Opportunity coalition.

Jeff Cook-McCormac, senior adviser to the pro-LGBT Republican group American Unity Fund, said he can’t comment on the executive order because his group is exclusively focused on building support for legislation.

“The reason we have been so successful on the GOP side of the aisle at the state level is because of our laser-focus on our mission ā€“ thoughtfully and respectfully engaging and winning the support of Republican legislators to advance freedom for gay and lesbian Americans,” Cook-McCormac said. “Working together with our partners through Americans for Workplace Opportunity, we are confident that when senators get the chance to vote their conscience this fall we will be one giant step closer to making ENDA a reality.”

Tico Almeida, president of Freedom to Work, another group that isn’t part of the steering committee even though it’s a chief advocate of ENDA, said he wished he had spoken to McTighe beforehand.

“I have never met Mr. McTighe, and it’s a shame we did not meet before AWO and before he decided to speak publicly about the executive order,” Almeida said.

Almeida added he had an email exchange with McTighe on Wednesday and the two intend to meet in the immediate future when their schedules allow.

“I’m looking forward to hearing more about what AWO is planning on doing and how AWO is different from the long-standing and broader ENDA coalition that has always been housed at the Leadership Conference for Civil & Human Rights,” Almeida added. “I can’t comment on AWO itself because very little is known about AWO.”

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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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