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Obama calls for ENDA passage at White House reception

No word from president on executive order for federal contractors

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Barack Obama, White House, Democratic Party, gay news, Washington Blade, Pride reception
Barack Obama, White House, Democratic Party, gay news, Washington Blade, Pride reception, Joe Biden

Vice President Joe Biden and President Barack Obama at the White House Pride reception (Washington Blade photo by Michael Key)

President Obama energized attendees at the annual Pride reception held at the White House on Thursday by saying “we need to get” the Employment Non-Discrimination Act passed.

Citing a letter he said he received from a PFLAG mom from Ohio named “Susan” expressing concern that LGBT people aren’t protected from harassment in the workplace, Obama said, “I share that concern,” and issued a call to pass ENDA ā€” without mentioning the bill by name.

“Thereā€™s a bipartisan bill moving forward in the Senate that would ban discrimination against all LGBT Americans in the workplace, now and forever,” Obama said. “We need to get that passed. I want to sign that bill. We need to get it done now.”

Despite difficulties in passing ENDA ā€” mostly notably the fact that Republicans are in control of the House ā€” Obama told attendees in the East Room of the White House that he sees a path for passing the bill based on the successes the LGBT community has seen in recent years.

“And I think we can make that happen ā€” because after the last four and a half years, you can’t tell me things canā€™t happen,” Obama said. “Look around. Weā€™ve got gay and lesbian soldiers, and sailors, and airmen, and Marines who are here today. Weā€™ve got married couples from places like New York and Washington State.”

The White House Pride reception took place amid renewed calls for Obama to sign an executive order that would bar federal contractors from discriminating against LGBT workers. Activists are calling the measure a campaign promise and say it’ll protect millions of workers from discrimination.

Last week, Ellen Sturtz, a lesbian activist affiliated with GetEQUAL, made headlines when she confronted first lady Michelle Obama about signing the executive order. Earlier on Thursday, eight activists from Ohio and Texas affiliated with GetEQUAL were arrested outside House Speaker John Boehner’s (R-Ohio) office in D.C. after they called on him to move forward with ENDA. Receiving no commitments from him, they also called on Obama to issue the executive order.

Tico Almeida, president of Freedom to Work, said “it’s fantastic” that Obama spoke out in favor of ENDA during the reception, but wants the president to take additional action behind the scenes.

“He should follow up his speech today by placing phone calls to lobby ENDA’s holdout Democratic senators like Florida’s Bill Nelson, West Virginia’s Joe Manchin and Mark Pryor of Arkansas,” Almeida said. “Between the president, Joe Biden, and the White House legislative team, I bet they could convince those Democrats to support ENDA.”

Despite the call to pass ENDA, LGBT advocates who have been calling for the executive order ā€” and weren’t in attendance ā€” said they still expect Obama to take administrative action to protect LGBT workers from discrimination.

Fred Sainz, vice president communications of the Human Rights Campaign, said he appreciates Obama’s support for legislation, but reminded him that issuing the executive order takes only the stroke of a pen.

“We’re elated to have the president’s support for ENDA,” Sainz said. “But we also want his support for an executive order. ENDA need not come before an EO. People’s jobs are on the line and there’s no time to waste.”

Almeida also renewed his call on President Obama to sign the executive order, saying previous responses from White House spokesperson Shin Inouye that the directive is “hypothetical” aren’t truthful.

“But no presidential speech or Champagne reception compares to the strong workplace protections that we will achieve once President Obama honors his five-year-old campaign promise to sign the federal contractor executive order,” Almeida said. “It’s time for President Obama to instruct his staffer Shin Inouye to stop pretending the executive order [is] ‘hypothetical.’ Shin is insulting gay and transgender victims of discrimination. It’s time for the president to sign.”

Inouye didn’t respond to a request for comment on Almeida’s assertions.

On Monday, the Washington Blade published an email from Democratic National Committee Treasurer Andrew Tobias asserting that the directive will happen. But Tobias wrote that “a process” is holding up the directive “that is broader than just this one very important and long delayed agenda item.”

Just hours before the reception, White House Press Secretary Jay Carney addressed the executive order in response to a question from NBC News’ Peter Alexander and maintained the administration prefers a legislative approach to the issue.

“I’ve answered this question a few times,” Carney said. “And we have said that we are supporting a legislative effort, the so-called ENDA legislation. And that’s the approach that we’ve taken. So I would not expect any executive order to be signed at the reception.”

‘Weā€™ve made our world a little more full of love’

In addition to touting his support for ENDA, Obama ticked off various accomplishments over the past four-and-a-half-years with Vice President Joseph Biden at his side.

Among the noted achievements were “Don’t Ask, Don’t Tell” repeal, reauthorization of the Violence Against Women Act with explicit LGBT protections and the first national HIV/AIDS strategy. His mention of putting in place “new policies that treat transgender Americans with dignity and respect” elicited considerable shouts of approval from the audience.

Additionally, Obama commended the Senate for confirming ā€” just hours earlier ā€” Nitza Quinones Alejandro as the first openly gay federal Hispanic judge, saying she couldn’t attend because she’s getting ready to take her seat on the bench.

Obama also drew attention to his support for marriage equality ā€” and speaking out in states where there have been efforts to legalize it ā€” including the recent effort in Illinois where the session ended before the vote took place.

“Iā€™ll continue to support marriage equality and statesā€™ attempts to legalize it, including in my home state of Illinois,” Obama said. “We’re not giving up on that.”

Introducing Obama on stage were nine-year-old twins Zea and Luna, who began the reception by talking about a letter they wrote to Obama on LGBT issues. Upon entering the stage, Obama said, “I will not beat that act.”

Obama concluded his remarks by predicting that the efforts of those in the room would make for new achievements because “people who love this country can change it.”

“And I hope that when we gather here next year, and the year after that, weā€™ll be able to say, with pride and confidence, that together weā€™ve made our fellow citizens a little more free,” Obama said. “Weā€™ve made this country a little more equal. Weā€™ve made our world a little more full of love.”

LGBT attendees said they were pleased that the White House was holding the event, but are frustrated the issue of federal workplace non-discrimination protections hasn’t been addressed.

Those in attendance munched on hors dā€™oeuvres and stood around circular tables with refreshments while sipping Champagne from wine glasses. No crowd estimates were included in the pool report for the evening.

Lori Schreiber, a 54-year-old lesbian who serves as township commissioner in Abingdon, Pa., said she’s “very pleased” the White House held the Pride reception because “it acknowledges a group of people that are often not acknowledged.”

Still, she said an executive order to protect LGBT workers from discrimination would be helpful in her state of Pennsylvania, where there’s no law on the books prohibiting such discrimination.

“How it’s going in Pennsylvania is we’re going municipality by municipality, which isn’t working well,” Schreiber said. “It should just be across the country that everybody has the same rights in employment, housing, everything, and that doesn’t currently exist, so some of us are second-class citizens.”

Mike Manning, a 26-year-old bisexual actor known for being in MTV’s “Real World” in D.C., said he supports the president, but also said he “absolutely” wants him to issue the executive order and doesn’t understand why he hasn’t taken action.

“I’m surprised that hasn’t happened yet because it seems like a no-brainer, especially in a nation like the U.S.,” Manning said. “We’re such a power economy, we should have the best men and women doing the jobs…regardless of their sexual orientation or [gender] identity.”

Cathy Renna, 48, a lesbian communications specialist from Long Island, N.Y., said the Pride reception is “a symbol in and of itself” of the progress on LGBT issues in recent years, but noted she was frustrated by the lack of movement on workplace discrimination.

“I think I probably feel like the vast majority of other people in our community, who are wondering and sort of scratching their head ā€” because I think the challenge is this is somebody who’s with us, so we’re just wondering why it’s not happening,” Renna said.

Among the LGBT notables who were in attendance at the event were Eric Fanning, under secretary of the Air Force; Daniel Baer, a State Department official recently nominated as U.S. ambassador to the Organization for Security and Cooperation in Europe; and Rev. R. Guy Erwin, who was recently elected the Evangelical Lutheran Church in Americaā€™s first openly gay bishop.

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Politics

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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Court records raise concerns about right-wing TikTok investor’s influence

Jeff Yass is a Pa. billionaire who has funded anti-LGBTQ causes

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Jeff Yass (Screen capture: Susquehanna International Group/YouTube)

The role played by Pennsylvania billionaire Jeff Yass in the creation of TikTok might be far greater than was previously understood, according to new reporting that raises questions about the extent of the right-wing megadonor’s influence over matters at the intersection of social media, federal regulations, and electoral politics.

In 2012, Yass’s firm, Susquehanna International Group, spent $5 million for 15 percent of the short-form video hosting platform’s Chinese-owned parent, ByteDance. In the years since, as TikTok grew from a nascent startup to a tech giant with 1.5 billion active monthly users and an estimated $225 billion valuation, Yass and his firm pocketed tens of billions of dollars.

Beyond the size of Susquehanna’s ownership stake, little was known about its relationship with ByteDance until documents from a lawsuit filed against the firm by its former contractors were accidentally unsealed last month, leading to new reporting by the New York Times on Thursday that shows Susquehanna was hardly a passive investor.

In 2009 the firm used a proprietary, sophisticated search algorithm to build a home-buying site called 99Fang, tapping software engineer and entrepreneur Zhang Yiming to serve as its CEO. The company folded. And then, per the Times’s review of the court records, in 2012 Susquehanna picked Yiming to be the founder of its new startup ByteDance and repurposed the technology from 99Fang for use in the new venture.

Importantly, the documents do not provide insight into Yass’s personal involvement in the formation of ByteDance. And Susquehanna denies that the company’s search algorithm technologies were carried over from the real estate venture ā€” which, if true, would presumably undermine the basis for the lawsuit brought by the firm’s former contractors who are seeking compensation for the tech used by ByteDance.

Questions about Yass’s influence come at a pivotal political moment

In recent weeks, federal lawmakers have moved forward with a proposal that would force ByteDance to divest TikTok or ban the platform’s use in the U.S. altogether, citing the potential threats to U.S. national security interests stemming from the company’s Chinese ownership.

The bill was passed on March 13 with wide bipartisan margins in the House but faced an uncertain future in the Senate. However, on Wednesday, House Speaker Mike Johnson (R-La.) announced plans to fold the proposal into a measure that includes foreign aid to Ukraine, Israel, and Taiwan, likely bolstering its chances of passage by both chambers.

Last month, shortly after meeting with Yass at his home in Mar-a-Lago, former President Donald Trump changed his longtime stance and came out against Congress’s effort to break up or ban TikTok. The timing led to speculation about whether the billionaire businessman was behind Trump’s change of heart, perhaps by contributing to the cash-strapped Republican presidential nominee’s electoral campaign or through other means.

Meanwhile, Yass has emerged as the largest donor of the 2024 election cycle. A coalition of public interest and government watchdog groups have called attention to the vast network of right-wing political causes and candidates supported by the billionaire, often via contributions funneled through dark money PACs that are designed to conceal or obscure the identities of their donors.

The Action Center on Race and the Economy, Make the Road, POWER Metro: Faith in Action, Free the Ballot, and Little Sis launched a website called All Eyes on Yass that features research into the various causes he supports, along with insight into the networks connecting the entities funded by his contributions.

Broadly, in Pennsylvania they fall into five categories: Advocacy against reproductive freedom and LGBTQ rights via the Pennsylvania Family Institute, lobbying on behalf of oil and gas industry interests by the Pennsylvania Manufacturers’ Association, anti-union groups supported by Commonwealth Partners, a privately owned registered investment advisory firm/independent broker-dealer, the Commonwealth Foundation for Public Policy Alternatives, which seeks to privatize public schools and defeat proposed increases to the minimum wage, and the Citizens Alliance of Pennsylvania, which advocates for lowering taxes on corporations and the rich.

Additionally, All Eyes on Yass reports that the billionaire has given massive contributions to Club for Growth and direct spending to support the electoral campaigns of right-wing Republicans including Florida Gov. Ron DeSantis; U.S. Sens. Ted Cruz (Texas), Rand Paul (Ky.), and Josh Hawley (MO); U.S. Rep. Lauren Boebert (Colo.), and former U.S. Rep. Madison Cawthorn (N.C.).

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Lawmakers champion drug policy reforms at National Cannabis Policy Summit

Congressional leaders pledged their support for decriminalization

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U.S. Rep. Barbara Lee (D-Calif.), second from left (Washington Blade photo by Christopher Kane)

Speaking at the 2024 National Cannabis Policy Summit on Wednesday, congressional leaders pledged their support for proposals to remedy the harms of America’s War on Drugs while protecting cannabis users and cannabis businesses that are operating under a fast-evolving patchwork of local, state, and federal laws.

Overwhelmingly, the lawmakers who attended the conference at the Martin Luther King Jr. Memorial Library in D.C. or delivered their remarks virtually were optimistic about the chances of passing legislative solutions in the near-term, perhaps even in this Congress.

Participants included U.S. Sens. Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), and Senate Majority Leader Chuck Schumer (D-N.Y.), along with U.S. Reps. Eleanor Holmes Norton (D-D.C.), Earl Blumenauer (D-Ore.), and Barbara Lee (D-Calif.), who co-chairs the Congressional Cannabis Caucus and was honored at the event with the Supernova Women Cannabis Champion Lifetime Achievement Award. Republicans included an aide for U.S. Rep. David Joyce (R-Ohio) who was featured in an afternoon panel discussion about the cannabis policy landscape on Capitol Hill.

Each of the members have long championed cannabis-related policy reforms, from Merkleyā€™s SAFER Banking Act that would allow cannabis businesses to access financial services (thereby affording them the critically important protections provided by banks) to Leeā€™s work throughout her career to ameliorate the harms suffered by, particularly, Black and Brown communities that have been disproportionately impacted by the criminalization of marijuana and the consequences of systemic racism in law enforcement and the criminal justice system.

The lawmakers agreed America is now at an inflection point. Democratic and Republican leaders are coming together to support major drug policy reforms around cannabis, they said. And now that 40 states and D.C. have legalized the drug for recreational or medical use, or both, the congress members stressed that the time is now for action at the federal level.

Last summer, the U.S. Department of Health and Human Services issued a formal request to re-categorize marijuana as a Schedule III substance under the rules and regulations of the Controlled Substances Act, which kicked off an ongoing review by the Biden-Harris administration. Since the lawā€™s enactment in 1971, cannabis has been listed as a Schedule I substance and, therefore, has been subject to the most stringent restrictions on and criminal penalties for its cultivation, possession, sale, and distribution.

Merkley acknowledged that re-scheduling would remedy the Nixon administrationā€™s ā€œbizarreā€ decision to house marijuana under the same scheduling designation as far more harmful and addictive drugs like heroin ā€” and noted that the move would also effectively legalize biomedical research involving cannabis. However, the senator said, while re-scheduling ā€œmay be a step in the right direction, itā€™s not de-schedulingā€ and therefore would not make real inroads toward redressing the harms wrought by decades of criminalization. Ā 

Likewise, as she accepted her award, Lee specified that she and her colleagues are ā€œworking night and day on the legalization, not re-scheduling.ā€ And her comments were echoed by Warren, who proclaimed in a prerecorded video address that ā€œde-scheduling and legalizing cannabis is an issue of justice.ā€

Congressional Republicans have blocked legislation to legalize marijuana, the Massachusetts senator said, ā€œand that is why the scheduling is so important,ā€ as it might constitute a ā€œtool that we can use to get this done without Republican obstruction.ā€

Warren, Merkley, and Schumer were among the 12 Senate Democrats who issued a letter in January to the U.S. Drug Enforcement Administration requesting transparency into its re-scheduling process while also, more importantly, demanding that the agency fully de-schedule cannabis, which would mean the drug is no longer covered by the Controlled Substances Act.

However, in a possible signal of political headwinds against these efforts, their Republican colleagues led by U.S. Sen. Mitt Romney (R-Utah) responded with a letter to DEA Administrator Anne Milgram ā€œhighlighting concerns over HHSā€™s recommendation to reschedule marijuana from a Schedule I to Schedule III-controlled substance.ā€ The GOP signatories, all of whom serve on the Senate Foreign Relations Committee, also sought to ā€œunderscore the Drug Enforcement Administrationā€™s (DEA) duty under the Controlled Substances Act (CSA) to ensure compliance with the United Statesā€™ treaty obligations under the Single Convention on Narcotic Drugs.ā€

As Norton noted during her prepared remarks, elected Democrats are not necessarily always on the same page with respect to expanding access to economic opportunity facilitated by cannabis. For instance, though President Joe Biden had promised, during his State of the Union address this year, to direct his ā€œCabinet to review the federal classification of marijuana, and [expunge] thousands of convictions for mere possession,ā€ Norton blamed Biden along with House Republicans for provisions in the federal budget this year that prohibit D.C. from using local tax dollars to legalize cannabis sales.

A non-voting delegate who represents the cityā€™s 690,000 residents in the House, Norton called the presidentā€™s position ā€œdeeply disappointing,ā€ particularly considering his record of supporting ā€œD.C. statehood, which would allow D.C. to enact its own policies without congressional interferenceā€ and grant its residents voting representation in both chambers of Congress. She added that the majority of Washingtonians are Black and Brown while all are held responsible for ā€œthe obligations of citizenship including paying federal taxes.ā€

Norton said the city should also have the power to grant clemency for crimes committed in the District, including cannabis-related crimes ā€” power that, currently, can only be exercised by the president.

Some Republican lawmakers have been at the forefront of efforts to reform harmful cannabis regulations. For instance, a participant in a mid-afternoon panel pointed to the CURE Act, a bill introduced by U.S. Reps. Nancy Mace (R-S.C.) and Jamie Raskin (D-Md.) that would prohibit the federal government from denying security clearances based on applicantsā€™ past or current use of cannabis.

While securing statehood for D.C. and de-scheduling cannabis via legislation or administrative action are perhaps, at least for now, a heavy lift, Merkley pointed to promising new developments concerning his SAFER Banking Act.

The Oregon senator first introduced the measure, then titled the SAFE Banking Act, in 2019, and he said the legislationā€™s evolution into its current iteration was difficult. ā€œRegulators donā€™t want to be told what to do,ā€ Merkley said, and negotiations with these officials involved ā€œnitty-gritty arguments over every word.ā€

Pushback also came from one of Merkleyā€™s Democratic colleagues. In September, Warnock, who is Georgiaā€™s first Black U.S. senator, voted ā€œnoā€ on the 2023 version of the SAFER Banking Act, writing: ā€œMy fear is that if we pass this legislation, if we greenlight this new industry and the fees and the profits to be made off of it without helping those communitiesā€ most harmed by the War on Drugs ā€œwe will just make the comfortable more comfortable.ā€

Warnockā€™s statement followed his pointed remarks expressing concerns with the legislation during a Senate Banking Committee hearing.

ā€œLet me be very clear,ā€ he said, ā€œI am not opposed to easing or undoing federal restrictions around cannabis. And I would support all of the provisions and reforms in this legislation if paired with broader cannabis reforms that substantively address the issue of restorative justice. This bill does not do that.ā€

At this point, however, the latest version of the SAFER Banking Act has advanced out of committee and earned the support of Senate leaders including Schumer and much of the Republican conference.

ā€œThis is the moment,ā€ he said. ā€œLetā€™s not let this year pass without getting this bill ā€” the safer banking bill ā€” through the House, through the Senate, and on the presidentā€™s desk.ā€

In her remarks, Lee also discussed the importance of business and industry-wide reforms like those in Merkleyā€™s bill.

ā€œWe have to make sure that the cannabis industry is viewed by everyone, especially our federal government, as a legitimate business,ā€ Lee said. ā€œLegitimate, which deserves every single aspect of financial services that any legitimate business deserves and has access to.ā€

Like Warnock, the congresswoman also highlighted how these financial and business considerations intersect with ā€œequity issues,ā€ as ā€œthose who have been most impacted by this horrible War on Drugsā€ must ā€œbecome first in line for the businesses and for the jobs and for the economic opportunity the cannabis industry provides.ā€

Reflecting on her experience introducing the Marijuana Justice Act in 2019, which was Congressā€™s first racial justice cannabis reform bill, Lee remembered how ā€œeveryone was like, ā€˜why are you doing this? Itā€™s politically not cool.ā€™ā€ Her legislation sought to end the federal criminalization of marijuana, expunge the criminal records of those convicted of cannabis-related crimes, and reinvest in communities that have suffered disproportionately from the War on Drugs.

The congresswoman said she explained to colleagues how the bill addressed ā€œmany, many layersā€ of often-intersecting problems linked to federal cannabis policy, telling them: ā€œThis is a criminal justice issue, a racial justice issue, an issue of equity, a medical issue, a veteransā€™ issue, and an issue of economic security.ā€

Two years later, with a 220-204 vote, the House successfully passed the Marijuana Opportunity Reinvestment and Expungement Act, a comprehensive bill introduced by U.S. Rep. Jerry Nadler (D-N.Y.) and to the Senate by then-U.S. Sen. Kamala Harris (D-Calif.). The measure included Leeā€™s Marijuana Justice Act.

ā€œThis bill is the product of many, many years of advocacy for federal cannabis reform and equity,ā€ she said in a statement celebrating the billā€™s passage. ā€œMake no mistake: This is a racial justice bill. Itā€™s about the thousands of people of color who sit in jail for marijuana offenses while others profit. Itā€™s about finally repairing the harms of the War on Drugs on communities and families across the country.ā€

ā€œWe’ve come a long way,ā€ she told the audience on Wednesday. ā€œAnd now we have a long way to go.ā€

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