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ENDA to be introduced on Thursday

Long-sought bill would ban anti-LGBT job discrimination

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

ENDA is set for reintroduction in both chambers of Congress on Thursday. (Washington Blade photo by Michael Key)

The Employment Non-Discrimination Act is set to be introduced in both chambers of Congress on Thursday, according to multiple sources, but without major changes that were previously under consideration.

The bill will be reintroduced in the House by Rep. Jared Polis (D-Colo.), the most senior openly gay member of the chamber, who’s taking over the legislation now that former Rep. Barney Frank has retired. In the Senate, the legislation will be reintroduced by Sen. Jeff Merkley (D-Ore.). The lawmakers’ offices confirmed they would introduce ENDA concurrently on Thursday.

The Senate version of the bill will have five original sponsors: Merkley and lesbian Sen. Tammy Baldwin (D-Wis.) will be two Democrats, Sens. Mark Kirk (R-Ill.) and Susan Collins (R-Maine) will be two Republicans and Senate Health, Education, Labor and Pensions Committee Chair Tom Harkin (D-Iowa) will round out the quintet.

The number of original co-sponsors in the House remains to be seen. Conchita Cruz, a Polis spokesperson, said many House members have told her boss “they want to make sure that they are included” as original co-sponsors.

Tico Almeida, president of Freedom to Work, said his organization will push for a committee vote and movement on the Senate floor for ENDA “as soon as possible.”

“ENDA had a recent committee hearing where not a single Republican senator bothered to show up to express any opposition or even ask questions about the drafting of the bill, so I think Chairman Harkin should schedule the committee vote on ENDA as soon as possible in May or June,” Almeida said. “It would be great to have ENDA teed up to go to the Senate floor in July.”

Harkin, whose committee has jurisdiction over ENDA, has already pledged to mark up the legislation this year. The office of Senate Majority Leader Harry Reid (D-Nev.) has said Democratic leadership “looks forward to working with” Harkin to set up a floor vote on the bill.

Almeida said the time period immediately after Supreme Court decisions are expected on California’s Proposition 8 and the Defense of Marriage Act would make July an excellent opportunity for a floor vote on ENDA, which would ban anti-LGBT employment discrimination.

“After the Supreme Court rules in the Windsor marriage case, many right-wingers are going to denounce marriage equality for same-sex couples, but claim that they don’t believe in discrimination against LGBT Americans,” Almeida said. “That’s the time when we should call some of those bluffs by putting ENDA on the Senate floor and letting all 100 senators go on the record about whether hardworking Americans should get fired just because of who they are or who they love.”

One question about the bill was whether ENDA would be changed upon reintroduction. LGBT advocates had previously told the Washington Blade the legislation has been under review prior to reintroduction in the 113th Congress.

Two areas that were said to be under review were the religious exemption as well as the area of disparate impact, which ENDA hadn’t previously addressed. However, multiple sources familiar with ENDA said these changes were ultimately not made to the bill.

Jamal Raad, a Merkley spokesperson, said “there will be a few changes to update the language” on ENDA, but said he couldn’t provide actual legislative text until reintroduction on Thursday.

Almeida said another change he’s seeking for ENDA as it progresses through the legislative process is an update to the bill in the aftermath of the Supreme Court ruling in Gross v. FBL Financial. That 2009 decision raised the bar for the standard of proof in making certain employment discrimination claims.

“If this legal loophole does not get fixed before ENDA becomes law, there will be gay and transgender victims of discrimination with meritorious cases who are denied justice because of the unequal standard that the conservative activists on the Supreme Court created a few years ago,” Almeida said. “Gay and transgender plaintiffs deserve to have the same standard of proof applied to their cases as plaintiffs alleging racial or religious discrimination under Title VII of the Civil Rights Act.”

Almeida said the fix would be along the lines of the bipartisan legislation introduced by Harkin and Sen. Charles Grassley (R-Iowa) known as the Protecting Older Workers Against Discrimination Act. That bill hasn’t yet been reintroduced in the 113th Congress.

“Especially since Chairman Harkin is the author of the bi-partisan legislation to address the Gross case, I’m hoping that he and the committee staff will close this loophole when ENDA goes to mark-up,” Almeida said.

As ENDA advances, many eyes will be on the U.S. senators who’ve recently come out for marriage equality, but haven’t yet articulated a position on the legislation.

Those who’ve come to support marriage equality, but didn’t co-sponsor ENDA in the previous Congress are Sens. Jon Tester (D-Mont.), John Rockefeller (D-W.Va.), Max Baucus (D-Mont.), Bill Nelson (D-Fla.), Tim Johnson (D-S.D.) — and most notably Sen. Rob Portman (R-Ohio). Also in question among the U.S. senators who support marriage equality is Sen. Heidi Heitkamp (D-N.D.), who’s new to Congress.

Eyes also will be Sen. Lisa Murkowski (R-Alaska), who voted for “Don’t Ask, Don’t Tell” repeal and recently said she’s “evolving” on the issue of marriage equality.

Reid also wasn’t a co-sponsor in the previous Congress, but he typically doesn’t co-sponsor bills because of his leadership position.

Freshmen senators who were formerly U.S. House members — Sens. Joe Donnelly (D-Ind.), Mazie Hirono (D-Hawaii), Martin Heinrich (D-N.M.) and Chris Murphy (D-Conn.) — were co-sponsors of ENDA in the lower chamber of Congress, so would likely support the bill again in the Senate. Sen. Tim Kaine (D-Va.) has said he supports ENDA and Sen. Angus King (I-Maine) signed an LGBT non-discrimination bill into law as governor of the state in 1998.

Other freshman Democrats — Sens. Mo Cowan (D-Mass.), Brian Schatz (D-Hawaii) and Elizabeth Warren (D-Mass.) — signed a letter in February identifying themselves as ENDA supporters.

NOTE: An earlier version of this article neglected to include Sen. Martin Heinrich as among the freshmen Senate Democrats who supported ENDA as U.S. House members. He also signed the letter identifying himself as an ENDA supporter. Whitney Potter, a Heinrich spokesperson, said the senator intends to support ENDA as a U.S. senator.

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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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