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'Don't Ask' repeal votes in Senate committee in question

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Supporters of “Don’t Ask, Don’t Tell” repeal are still working to obtain the necessary support — which possibly could be only one more vote — for passage of an amendment during upcoming Senate committee consideration of major defense budget legislation.

Those seeking an end to “Don’t Ask, Don’t Tell” are hoping the compromise measure unveiled earlier this week would enable more support for repealing the law. The issue is expected to come before the Senate Armed Services Committee on Wednesday or Thursday during its markup of the fiscal year 2011 defense authorization bill.

The compromise measure unveiled on Monday by Sen. Joseph Lieberman (I-Conn.) would repeal the “Don’t Ask, Don’t Tell” statute, but only after the Defense Department completes its study on the issue at the end of the year and the president and Pentagon leaders certify that the change wouldn’t undermine military readiness. Additionally, the measure has no non-discrimination language and would return authority on discharges to the Pentagon.

A vote is also expected to take place later this week in the House when the defense budget legislation reaches the floor. Supporters of repeal have said they feel they’re in a good position in this chamber, so the remaining question is whether passage can occur in the Senate committee.

Speaking to reporters on Tuesday, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) said he doesn’t know whether he’ll have the votes for repeal even with the compromise measure.

“I haven’t talked to anybody other than Joe Lieberman about this in the last few days, so I haven’t talked to the people who will be the ones that we need to get it over the top,” he said. “I just haven’t talked to them. I will this afternoon as soon as I leave this press conference.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said Tuesday that he thinks the vote in the Senate Armed Services Commitee is “very tight.”

“We’re not there,” he said. “It’s going to turn on one or two votes, so we’ll just have to see. But it’s the time for everybody to be weighing in, including the administration, to be asking senators for the votes.”

But even with the new proposal, Sarvis said he “hasn’t seen” any new votes yet in the Senate committee as a result of the compromise.

“Some senators thought that it would help, and I don’t know that that’s turned out to be the case, but time will tell,” he said. “It may well help far more in the House, but in terms of the Senate Armed Services Commitee so far, we haven’t seen a huge difference.”

Alex Nicholson, executive director of Servicemembers United, said he thinks supporters of repeal are “closer than ever” in finding votes necessary in the Senate committee for an end to the law.

He said opponents of “Don’t Ask, Don’t Tell” have been able in recent days to solidify “at least one or two” more votes that they had been leaning toward voting in favor of repeal, but had not previously expressed an explicit commitment.

“There are a lot of implications that go along with a modifier like ‘soft’ or ‘leaning,'” he said. “Another bombshell like the Gates letter could have torpedoed those votes in that category, and now we got them locked. I don’t think there’s anything that could torpedo those votes and change them back to a ‘no.'”

With 15 votes necessary for a successful vote in the Senate committee, Nicholson said he thinks there are 13 or 14 committed votes in favor of “Don’t Ask, Don’t Tell” repeal.

“I really feel like we’re down to one vote and everyone is trying to go after Ben Nelson and Robert Byrd,” he said. “I am very confident that we will secure the last couple of votes to get this. It appears very likely.”

LGBT organizations, including the Human Rights Campaign, had lobbied six senators through a grassroots campaign to vote in favor of repeal: Sens. Evan Bayh (D-Ind.), Robert Byrd (D-W.Va.), Scott Brown (R-Mass.), Ben Nelson (D-Neb.), Bill Nelson (D-Fla.) and Jim Webb (D-Va.).

Two of those votes recently became committed. On Tuesday, Dan McLaughlin, a Bill Nelson spokesperson, told the Blade the Florida senator would vote in favor of repeal. On the same day, Brown said he would vote against the amendment as proposed by Lieberman, according to the Boston Globe.

Ben Nelson has told the Blade he opposes “Don’t Ask, Don’t Tell” repeal at this time, although it’s unclear whether his position has changed following the announcement of the compromise measure. He told reporters on Tuesday that he’d issue a statement on Wednesday to clarify his position on the matter.

Webb made comments to reporters on Tuesday suggesting he would vote ‘no’ if repealing “Don’t Ask, Don’t Tell” came before him in the Senate, although he didn’t explictly say how he’d vote.

“If you look at what the White House said and if you look at what Secretary Gates said — they both said they would go through the process that Adm. Mullen and Secretary Gates announced in February,” Webb said. “I don’t see any reason to preempt that process.”

Asked to clarify whether his statement means he’ll be voting “no,” Webb said nothing and walked away.

Bayh’s office didn’t response to the Blade’s request to comment on how he’d vote on the issue. Nicholson said he believes Bayh is leaning “yes” and said he thinks he’ll vote in favor of repeal.

Staying mum on the issue is Byrd. In a statement, Jesse Jacobs, a Byrd spokesperson, said the senator “has not taken a position for or against” the compromise measure.

Nicholson said it’s possible that Byrd — the oldest senator on Capitol Hill who often doesn’t appear to vote unless needed — would abstain from voting on the issue.

“I just can’t imagine that Sen. Byrd will go out of his way to vote the wrong way,” Nicholson said. “It’s very likely he’s not going to be there. In order to vote the wrong way, he would have to give a proxy for a ‘no’ vote, and I just can’t imagine him putting himself down the wrong side of history like that and going out of his way to do that.”

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After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” 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: “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.

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:

“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 U.S. Sen. Alex Padilla (D-Calif.) 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 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 Platforms’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 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, N.Y.,-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

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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 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.”

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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 — 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.

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