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Carney unsure if Obama will lobby Congress on ENDA

No updates on anti-LGBT discrimination executive order

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White House Press Secretary Jay Carney was uncertain whether President Obama will lobby Congress on ENDA (Blade file photo by Michael Key)

White House Press Secretary Jay Carney was uncertain whether President Obama will lobby Congress on ENDA. (Blade file photo by Michael Key)

White House Press Secretary Jay Carney expressed uncertainty on Monday over whether President Obama will lobby members of Congress to pass the Employment Non-Discrimination Act during his visit this week to Capitol Hill.

Under questioning from the Washington Blade on ENDA, Carney declined to identify the bill as one of the pieces of legislation that Obama would ask Congress to pass — even though he enumerated other measures the president is seeking earlier in the briefing.

“I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise,” Carney said. “But I don’t have a specific agenda for him.”

Other legislative items Carney enumerated during the briefing were a balanced deficit reduction measure, comprehensive immigration reform, legislation to reduce gun violence, legislation to enhance the country’s energy independence, a bill to enhance cybersecurity and addressing the issue of Republicans blocking his judicial nominees in the Senate.

Obama is scheduled to visit members of Congress during three separate caucus meetings throughout the week. Carney said Obama will meet with Senate Democrats on Tuesday, House Republicans on Wednesday, Senate Republicans on Thursday and House Republicans also on Thursday. Obama’s meeting with the senators is particularly noteworthy because LGBT groups, such as Freedom to Work, have been pushing for a Senate vote on ENDA.

Sen. Tom Harkin (D-Iowa) already committed during a Center for American Progress event to hold a committee a vote  on ENDA this year. Following the news, the office of Sen. Harry Reid (D-Nev.) told the Washington Blade the majority leader looks forward to scheduling a vote on the legislation.

Tico Almeida, president of Freedom to Work, said the White House can bolster those efforts by calling for not only a committee vote on ENDA, but a vote in the Senate.

“It’s long past time to put all 100 Senators on the record on ENDA,” Almeida said. “Now that Sen. Reid’s office has told the Washington Blade that they look forward to working with Senator Harkin and others to schedule a vote on the Senate floor after the bill is reported by the committee, it would be an important time for President Obama to publicly challenge both chambers of Congress to vote on ENDA this year.”

Carney expressed uncertainty over a plan for ENDA immediately after his response to a previous Blade question in which he reiterated that the administration prefers a legislative approach to tackle anti-LGBT workplace discrimination as opposed to administrative action.

Advocates have been calling on Obama to issue an executive order prohibiting federal contractors from engaging in anti-LGBT workplace discrimination. The White House has yet to take action on this directive — even though the administration has taken other executive action on behalf of the LGBT community in recent weeks by starting the process to offer limited partner benefits for gay service members and filing a legal brief in the lawsuit against California’s Proposition 8.

Asked why the administration would undertake these other two actions, but not issue the executive order, Carney drew a distinction.

“I think filing a brief is an entirely different piece of business,” Carney said. “But, as you know, the president has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.”

Almeida said “it’s odd” that the White House “continually downplays” the administration’s record of strong executive actions on behalf of LGBT people when Congress doesn’t act.

“For example, the Department of Housing and Urban Development did not wait for Congress to pass an LGBT housing bill, and instead took executive action to create strong LGBT protections to ban discrimination in mortgage lending,” Almeida added. “Signing the LGBT workplace executive order is the next logical step, and based on the president’s impressive record, Freedom to Work remains optimistic that he will fulfill this campaign promise soon.”

Also on Monday, the Human Rights Campaign issued an action alert to its members calling on Obama to “spread workplace equality to millions” by issuing the executive order. The alert is written by Sen. Jeff Merkley (D-Ore.).

“Putting an end to any discrimination among federal contractors based on sexual orientation or gender identity is the next, natural step for the most pro-equality president in history,” Merkley writes.

Merkley has sponsored ENDA in the Senate and gay Rep. Jared Polis (D-Colo.) has said he’d take the lead on the legislation in the House now that gay former Rep. Barney Frank has retired. However, neither lawmaker has yet introduced legislation.

A transcript of the exchange between Carney and the Washington Blade follows:

Washington Blade: Jay, in recent weeks, the administration has taken a lot of executive action on behalf of the LGBT community. Last month, the Pentagon started the process for implementing certain partner benefits for gay troops. And a couple weeks ago, the Justice Department filed a brief in the Prop 8 case. One action that remains outstanding is that executive order for federal contractors prohibiting anti-LGBT workplace discrimination. If you’re going to do those other two executive actions, why not do the executive order as well?

Jay Carney: Well, I mean, I think filing a brief is an entirely different piece of business, Chris. But, as you know, the President has long supported an inclusive Employment Non-Discrimination Act and his administration will continue to work to build support for it. We welcome Chairman Harkin’s announcement that he will hold a vote on ENDA this year. I have no updates for you on an executive order.

Washington Blade: Speaking about the Employment Non-Discrimination Act, when the President goes to Capitol Hill this week to talk to lawmakers this week about his priorities, will he mention the Employment Non-Discrimination Act as one of the things he wants passed?

Carney: I think he’ll talk about some of the issues that I laid out, maybe not all of them, and I’m sure there’ll be other topics that he’ll raise. But I don’t have a specific agenda for him.

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Politics

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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