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Gay black judicial nominee held up in the Senate

Are Florida’s senators delaying the process?

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Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade
Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade

Sen. Marco Rubio is holding up the nomination of a judicial nominee who’d be the first openly gay black male to serve on the federal bench. (Blade file photo by Michael Key).

More than eight months after President Obama first made the nomination, the process for confirming the first openly gay black male to sit on the federal bench appears to have stalled amid finger pointing in the Senate over the reason why.

The confirmation of William Thomas, who was named for a seat on the U.S. District Court for the Southern District of Florida, hasn’t yet passed the first step in the process, which is having the home senators in his state — Sens. Bill Nelson (D-Fla.) and Marco Rubio (R-Fla.) — return the “blue slips” for the nomination.

In effect, these senators are placing a hold on the nomination, even though both lawmakers had recommended Thomas after he made it through Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.

Meanwhile, the Thomas nomination has become entangled in a dispute between the Congressional Black Caucus and Rubio over the hold he’s placed on Thomas as well as Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida.

During a Congressional Black Caucus news conference on Wednesday, Rep. Alcee Hastings (D-Fla.) fumed over Rubio’s decision to hold up the Thomas nomination, according to The Huffington Post.

“I know this much: William Thomas was here before Marco Rubio’s family came here,” Hastings said. “It would seem to me that Marco Rubio could pick up the telephone and call me and ask me a little bit more about William Thomas if he needs to know something more about him.”

Obama first nominated Thomas for the seat in November and renominated him to the bench at the start of the 113th Congress as part of a group of 33 nominations. But Thomas hasn’t been yet confirmed, even though three other gay nominees — Pamela Ki Mai Chen, Michael McShane and Nitza Quiñones Alejandro — have since that time received Senate approval.

Rubio’s office didn’t immediately respond to the Washington Blade’s request for comment. But according to the Tampa Bay Times, Rubio has concerns about Thomas’s involvement in a controversial case in which a man was given a sentence of just 364 days in jail for the hit-and-run death of a cyclist.

As for why Nelson continues to withhold the blue slips for the nomination, the reasoning seems to be different. Ryan Brown, a Nelson spokesperson pointed to the Senate Judiciary Committee when asked why the Florida senator hasn’t yet returned the blue slips for the nominee.

“Sen. Nelson submitted Judge William Thomas’s name to the president,” Brown said. “And we are now waiting on the results of a background investigation being done by the Judiciary Committee.”

It’s up to the senator in each state to determine when it’s appropriate to submit a blue slip. Brown added it’s customary for Nelson to wait until the background investigation before he submits his blue slips.

Jessica Brady, a Senate Judiciary Committee spokesperson, said she couldn’t provide much information about the background investigation, but added Nelson “has been advised” about the nominations of both Thomas and Davis.

“A background review occurs for all nominees by majority and minority staff,” Brady said. “This is a separate process than the blue slip process, which is the responsibility of home state senators. Sen. Nelson has been briefed by Judiciary Committee staff about both nominations. The background review is confidential, and so I cannot provide any guidance on that.”

Thomas has experience both as a defense attorney and as a judge. He’s served as a Circuit Judge in Florida’s 11th Judicial Circuit since 2005, where he has presided over both civil and criminal matters. Previously, he was an assistant federal public defender in the Southern District of Florida and represented indigent clients in federal criminal cases.

The Thomas nomination was facilitated through the Presidential Appointment Project, an initiative led by the Gay & Lesbian Victory Fund to help qualified LGBT individuals receive appointments in the federal government.

Denis Dison, a spokesperson for the Victory Fund, said the time has come for the Senate to move forward with the Thomas nomination.

“Judge Thomas was nominated by the president, through a process endorsed by Florida’s senators, because he is well-qualified,” Dison said. “He deserves a confirmation hearing.”

The White House didn’t respond to a request to comment on the hold up of the Thomas nomination — even though it’s Obama’s nominee.

Although Thomas would be the first openly gay black male to serve on the federal judiciary, U.S. District Judge Deborah Batts — who was appointed by President Clinton in 1994 — is black and a lesbian.

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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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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 — 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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