Connect with us

Politics

Rubio continues hold on gay black judicial nominee

Florida Republican only obstacle to advancing nomination

Published

on

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 gay black judicial nominee who’d be the first openly gay black male to serve on the federal bench. (Blade file photo by Michael Key).

LGBT groups are pressuring the Senate to push forward with the confirmation of the first openly gay black male to the federal bench now that a hold from Sen. Marco Rubio (R-Fla.) is the only hold up in the process.

The confirmation of William Thomas, whom President Obama first named in November for a seat on the U.S. District Court for the Southern District of Florida, was as of last week held up by both U.S. senators in Florida — Bill Nelson and Rubio — who had yet to return the “blue slips” for the nomination even though it had been pending for more than eight months.

But on Wednesday, following the publication of several media reports on the issue — including one from the Washington Blade — Nelson submitted the blue slips for the nomination, according to Senate sources familiar with the process. Dan McLaughlin, a Nelson spokesperson, confirmed the Florida Democrat had returned the blue slips for the nomination.

Nelson’s office had previously said the senator hadn’t submitted the blue slips because the Senate Judiciary Committee hadn’t yet completed the background investigation on the nomination.

Nelson’s lifting of his hold on the nominee means Rubio is now the only senator obstructing Thomas from proceeding through the confirmation process. Other judicial nominees renominated at the start of the 113th Congress have received confirmation, but no action has been taken on Thomas.

Rubio’s office didn’t respond to repeated requests from the Blade over the past two weeks to comment on why he continues to hold up the Thomas nomination. According to a report last week in 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.

A judge is seeking to allay these concerns about Thomas in a letter to Rubio that was obtained by the Blade.

In the July 19 missive, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, says the sentence Thomas gave in the case was within his guideline range. The name of the case, the victim and the defendant aren’t found in the letter.

Sayfie maintains that unlike what the media reported, the defendant wasn’t charged in the death of the victim, but “charged with leaving the scene of an accident (involving death).” Further, Sayfie said the defendant filed a motion for downward departure on the grounds that he suffered from a rare blood disease that placed him at risk of death during a prison sentence, but Thomas denied this motion.

According to Sayfie, Thomas sentenced the defendant to 23 months in state prison followed by two years of community control, but allowed him to finish the sentence locally to accommodate his medical condition.

“I hope this communication helps to answer some of the concerns you might have,” Sayfie concludes. “I have known Judge William Thomas as a colleague and friend for approximately nineteen (19) years. It was my pleasure to serve as a reference for him for the federal bench (and be interviewed at length by the ABA, the FBI and the White House Counsel’s Office!) He is a dedicated, intelligent and hard-working public servant.”

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

Rubio faced criticism last week from members of the Congressional Black Caucus for holding up both the Thomas confirmation and that of Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida. The Gay & Lesbian Victory Fund also called for the Thomas nomination to move forward.

Rubio continues to hold up the Thomas nomination even though he and Nelson recommended Thomas for the seat following approval from Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.

But in the aftermath of Nelson lifting his hold, other LGBT groups stepped up the pressure for movement on the nomination when asked for comment by the Washington Blade.

Fred Sainz, vice president of communications for the Human Rights Campaign, is among those calling for Rubio to take action.

“He should return the blue slip and allow this well-qualified jurist to get confirmed by the U.S. Senate,” Sainz said. “The federal district court system is already backlogged. There’s no good reason why justice should be further delayed when Judge Thomas is ready, willing and able to serve.”

Sharon Lettman-Hicks, CEO of the National Black Justice Coalition, said as a Floridian for more than 25 years, she’s “disgusted” by Rubio’s lack of action on the Thomas nomination.

“By the accounts of Florida’s Federal Judicial Nominating Commission and even Senator Rubio, himself, Judge Thomas has been a principled jurist who would serve our nation with distinction on the federal bench,” Lettman-Hicks said. “Judge Thomas deserves a nomination process unobstructed by the malevolent politics of the right-wing agenda, and it is inexcusable that Senator Rubio would block the nomination of such a highly qualified and exemplary candidate, particularly at a time when our judicial system is hemorrhaging with a bevy of judicial vacancies in critical seats.”

No one has alleged discrimination based on sexual orientation as a reason for the holdup on the Thomas nomination, although the Congressional Black Caucus last week drew attention to the fact that Rubio was holding up two black judicial nominees.

Shin Inouye, a White House spokesperson, joined in the calls for movement on the Thomas nomination after being silent last week when both Florida senators were holding it up.

“The president nominated Judge William Thomas more than eight months ago,” Inouye said. “This judicial vacancy has been declared a ‘judicial emergency,’ and the non-partisan American Bar Association has rated Judge Thomas ‘well-qualified.’ Unfortunately, his nomination continues to be stalled, and the Senate should promptly consider it without further delay.”

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Politics

After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” CEO said

Published

on

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

Continue Reading

Politics

Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

Published

on

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.”

Continue Reading

Politics

Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

Published

on

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.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular