Politics
Advocates see momentum for ENDA, other bills
Anti-bullying measure, marriage-related bills also on tap
Rea Carey of the National Gay and Lesbian Task Force said she wants action on comprehensive immigration reform. (Photo by Kathy Plate)
As lawmakers return from August recess, advocates are anticipating movement on pro-LGBT legislation in the Senate during the upcoming weeks, although the Employment Non-Discrimination Act appears to have the most momentum.
The long-pursued legislation to bar anti-LGBT job bias passed out of committee in July on a bipartisan basis and supporters of the bill are expecting a vote sometime this fall.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said ENDA is the legislative focus for the organization as well as for the multi-group Americans for Workplace Opportunity campaign it formed after the panel vote.
“Obviously the congressional calendar has many agenda items but we fully expect to see a Senate vote on ENDA in the fall and we’re working with our partners in the Americans for Workplace Opportunity campaign to build support for this critical bill,” Cole-Schwartz said.
But when ENDA will come up in the Senate this fall remains unclear. The office of Senate Majority Leader Harry Reid (D-Nev.), hasn’t responded to multiple requests from the Blade to comment on the timing for an ENDA floor vote since the bill was reported out of committee. Reid has previously pledged in a Pride statement this year to bring up the legislation “soon.”
Allison Preiss, spokesperson for the Senate Health, Education, Labor & Pensions Committee, echoed remarks from HRC by saying panel Chair Tom Harkin (D-Iowa) is hoping a vote would take place this fall, but wasn’t more specific.
“Chairman Harkin is also optimistic that this fall, the Senate will consider the Employment Non-Discrimination Act, which passed the HELP Committee on a bipartisan basis and includes for the first time protections against discrimination based not only on sexual orientation but on gender identity as well,” Preiss said.
Christian Berle, legislative director for Freedom to Work, said the time has come for a Senate floor vote on ENDA because the organization believes that sufficient lobbying has occurred to reach the 60-vote threshold required to overcome a filibuster.
“Based on Freedom to Work’s outreach to Senate Republicans since ENDA passed out of the HELP Committee, we are confident that we have the 60 votes necessary to advance and pass this critical legislation,” Berle said. “It is now time for Senator Reid to keep his six-and-a-half year old commitment to bring ENDA to the floor of the Senate as soon as possible.”
Moreover, Berle said holding the Senate vote on ENDA as soon as possible is necessary to generate momentum to move the legislation in the Republican-controlled House, where passage of ENDA will be challenging to say the least. Two options that have been floated are attaching ENDA to a larger vehicle bill or a discharge petition.
“The sooner we pass ENDA out of the Senate, the sooner we can begin a robust campaign to get ENDA through the House of Representatives and on the president’s desk,” Berle said. “Whether we attach ENDA to a spending bill in the Senate or launch a discharge petition in the House, we know that we can only win on ENDA if we are willing to try.”
But ENDA isn’t the only piece of pro-LGBT legislation that is pending on the Senate calendar for a vote. The Senate HELP Committee has also reported out education reform legislation known as the Strengthening America’s Schools Act that includes anti-bullying measures known as the Student Non-Discrimination Act and the Safe Schools Improvement Act.
Shawn Gaylord, director of public policy for the Gay, Lesbian and Straight Education Network, also said he’s expecting a vote on this legislation in the Senate in the fall.
“GLSEN anticipates ESEA reauthorization to gain momentum in mid to late fall, and our continued efforts to build bipartisan support in both chambers will ensure this LGBT-inclusive bill to be strongly positioned to move forward,” Gaylord said.
Preiss maintained that Harkin is committed to working for passage of the bill, which would reauthorize the Elementary & Secondary Education Act, as she touted the LGBT provisions in the bill.
“Chairman Harkin is committed to working with leadership on a path forward to reauthorize the Elementary and Secondary Education Act, the Committee-passed version of which contains a number of important anti-bullying provisions,” Preiss said.
Another LGBT-relevant bill that has been reported out of the committee is the Charlie Morgan Act, which would ensure veterans in same-sex marriages have access to certain spousal benefits.
It’s unclear if this legislation is still necessary now that the Supreme Court has struck down the Defense of Marriage Act and the Obama administration has said it would no longer enforce Title 38, which had barred gay veterans from receiving these benefits. Jeff Frank, a spokesperson for the Senate Committee on Veterans Affairs Chair Bernie Sanders (I-Vt.), said he doesn’t have any predictions about the bill.
Also on the docket is the fiscal year 2014 financial services appropriations bill. That legislation contains a provision inserted by Sen. Jeanne Shaheen (D-N.H.) that would prohibit LGBT discrimination in the juror selection process for federal courts.
Reid’s office didn’t immediately respond to a request for comment on when — if it all — these pro-LGBT measures would come up for a Senate floor vote.
Many other bills related to the federal government’s recognition of same-sex unions are also pending even in the wake of the Supreme Court decision against DOMA, although none besides the Charlie Morgan Act have yet to be approved by committee.
The most prominent among them is the Respect for Marriage Act, which was introduced by Sen. Dianne Feinstein (D-Calif.) and would fully repeal DOMA. Advocates say that legislation to ensure married so gay couples can reap federal benefits of marriage that are still in question if they marry in one jurisdiction and move to a state that doesn’t recognize same-sex marriage. Among these benefits are Social Security benefits and veterans benefits.
A Senate Judiciary Committee aide, who spoke on condition of anonymity, said Sen. Patrick Leahy (D-Vt.) has plans for action on the legislation in committee this fall.
“Chairman Leahy is committed to a full repeal of the Defense of Marriage Act, which is why he is working with Sen. Feinstein on the Respect for Marriage Act,” the aide said. “We are in the process of pushing for quick implementation of the Windsor decision, and look forward to a Senate Judiciary Committee hearing on the bill later this fall. After the hearing, the Chairman will consider moving legislation through the committee.”
Other pending pro-LGBT legislation before the Senate that hasn’t seen committee action is the Housing Opportunities Made Equal (HOME) Act, which is sponsored by Sen. Sherrod Brown (D-Ohio) and would bar discrimination against LGBT people in housing programs. Another bill sponsored by Sen. Chuck Schumer (D-N.Y.) known as the Tax Parity for Health Plan Beneficiaries Act would ensure gay couples in civil unions won’t be taxed on employer-provided health benefits.
Even if these bills pass the Senate, it remains to be seen whether they can muster enough support to pass in the Republican-controlled House. But it’s not unprecedented. Earlier this year, under significant pressure from women’s advocates and other groups, the House passed reauthorization of the Violence Against Women Act with protections for LGBT victims of domestic violence.
Bills in the House that currently lack Senate companions are the Social Security Equity Act, which would allow Social Security benefits to flow to gay couples; post-“Don’t Ask, Don’t Tell” legislation known as the Restore Honor to Service Members Act; and a bill to help LGBT homeless youth known as the Runaway & Homeless Youth Act. Another version of the Domestic Partnership Benefits & Obligations Act is expected to be introduced imminently by Rep. Mark Pocan (D-Wis.).
Rea Carey, executive director of the National Gay & Lesbian Task Force, said while issues like Syria may dominate the discussions among lawmakers in the coming weeks, she still expects them to advance legislation to help LGBT people and other social justice causes.
“While the situation in Syria is understandably front and center for Congress — especially as putting our brave service members, including LGBT service members, in harm’s way is being considered — members of Congress must also simultaneously focus on vitally important domestic issues as they return from recess,” Carey said. “These include job and economic security issues such as the urgent passage of the Employment Non-Discrimination Act and freedom and justice issues such as comprehensive and inclusive immigration reform.”
Politics
After Biden signs TikTok ban its CEO vows federal court battle
“Rest assured, we aren’t going anywhere,” CEO said
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 United States.
In a video posted on the company’s social media accounts, Chew denounced the potential ban: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,” Chew said. “Rest assured, we aren’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,” he added.
Our response to the TikTok Ban Bill in the US: https://t.co/LpoE67sxHo
— TikTokComms (@TikTokComms) April 24, 2024
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, California Democratic Congressman Adam Schiff, who doesn’t support a blanket ban of the app, told the Blade:
“As the former chairman of the House Intelligence Committee, I have long worked to safeguard Americans’ freedoms and security both at home and abroad. The Chinese Communist Party’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.”
A spokesperson for California U.S. Senator Alex Padilla told the Blade: “Senator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTok’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 Americans’ data privacy and foster continued innovation.”
The law, which gives ByteDance 270 days to divest TikTok’s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before President 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 to ban TikTok and Chinese-owned WeChat, a unit of Beijing, China-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 U.S. District Court 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 Platforms’ 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 users 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 aren’t one trick ponies and have multiple other platforms built.”
Brooklyn, New York-based Gay social media creator and influencer Artem Bezrukavenko told the Blade:
“For smart creators it won’t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally I’m happy it gets banned or American company will own it so they will be less homophobic to us.”
TikTok’s LGBTQ+ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platform’s algorithms and having their accounts banned or repeatedly suspended.
Of greater concern is the staggering rise in anti-LGBTQ+ violence 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
Politics
Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny
Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’
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 appropriate 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 “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.
“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”
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,” 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.”
Politics
Survey finds support for Biden among LGBTQ adults persists despite misgivings
Data for Progress previewed the results exclusively with the Blade
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 — 52 vs. 37 percent — 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.
After Biden signs TikTok ban its CEO vows federal court battle
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
Bowser budget proposal calls for $5.25 million for 2025 World Pride
White House debuts action plan targeting pollutants in drinking water
Health care for Marylanders with HIV is facing huge cuts this summer
Daniel Zamudio murderer’s parole request denied
State Department releases annual human rights report
‘Amm(i)gone’ explores family, queerness, and faith
Joe Vogel campaign holds ‘Big Gay Canvass Kickoff’
