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In first, Senate confirms out fed’l appeals judge

Hughes confirmed unanimously to U.S. Court of Appeals for the Federal Circuit

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Todd Hughes, gay news, Washington Blade
Todd Hughes, gay news, Washington Blade

Todd Hughes is the first openly gay man confirmed to a federal appeals court (Screen shot via judiciary.senate.gov).

The U.S. Senate made history on Tuesday with little fanfare when it unanimously confirmed for the first-time ever an openly gay person to a federal appellate court.

By a vote of 98-0, the Senate confirmed Todd Hughes as a circuit judge for the U.S. Court of Appeals for the Federal Circuit, making him the highest-ranking openly gay judge.

In the half-hour of debate prior to his confirmation, senators focused on the budget and imminent government shutdown, although the significance of the Hughes confirmation did come up on the Senate floor.

Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, said the confirmation of Hughes is “an important milestone.”

“If confirmed, Mr. Hughes would be the first openly gay judge to serve on a federal appellate court in our nation’s history,” Leahy said. “I’m proud the Senate has finally taken an historic step to break down another barrier and increase diversity in our federal bench.”

Conservatives like Charles Grassley (R-Iowa), Marco Rubio (R-Fla.), James Inhofe (R-Okla.), Mike Lee (R-Utah) and Lindsey Graham (R-S.C.) joined Democrats like Debbie Stabenow (D-Mich.), Jeff Merkley (D-Ore.) and Barbara Mikulski (D-Md.) in voting for the nominee.

The U.S. Court of Appeals for the Federal Circuit is located in D.C. and has jurisdiction over issues such as federal claims, veterans claims and patent issues.

Under President Obama, the Senate has confirmed seven openly gay judicial nominees, but never before — either under Obama or under a previous administration — has the Senate confirmed an openly gay person to an appellate-level court.

During his confirmation hearing on June 19, Hughes identified “fidelity to the law” as a quality a federal judge should have.

“The first and foremost quality a federal judge should have is fidelity to the law,” Hughes said. “He should be fair to all the litigants. He should be thoroughly prepared, understand the facts of the case, the law and come to a reasoned and equitable decision.”

Hughes has most recently served since 2007 as deputy director for the Commercial Litigation Branch of the Civil Division at the Justice Department. Prior to that, he worked for the Commercial Litigation Branch as a trial attorney.

Obama nominated Hughes for the seat on the appeals court in February and the Senate Judiciary Committee reported out his nomination to the Senate floor in July.

Hughes’ practice has been related to federal personnel law, veterans’ benefits, international trade, government contracts and jurisdictional issues regarding the U.S. Court of Federal Claims.

Advocates welcomed the news of Hughes’ confirmation and called it a milestone for the LGBT community.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said Hughes’ confirmation is significant both in terms of the barrier it breaks and the judge’s record.

“Judge Hughes is an eminently qualified nominee who also happens to shatter a barrier as the first openly gay federal appellate court judge,” Cole-Schwartz said. “It’s a testament to how far we have come as a country that his sexual orientation is irrelevant to his ability to serve on our nation’s courts.”

D’Arcy Kemnitz, executive director of the LGBT Bar Association, said the confirmation is “an important milestone for the LGBT legal profession.”

“It also shows that Congress, and the country, want the best person for the job, regardless of sexual orientation,” Kemnitz said. “Our federal judiciary is a better one when it reflects the diversity of the nation it serves. We commend President Obama for his nomination of Hughes, and the Senate for confirming that nomination.”

The American Bar Association’s Standing Committee on the Federal Judiciary gave Hughes a rating of “unanimously well qualified” during his confirmation process.

Obama made an attempt before to seat an openly gay person to a federal appeals court, but it didn’t succeed. In 2010, Obama nominated Edward Dumont to the U.S. Court of Appeals for the Federal Circuit, but that nomination was rescinded after no action was taken on the appointment for 18 months and DuMont requested his name be withdrawn.

Now that the Senate has confirmed Hughes, a total of 50 judicial nominees nominated by Obama remain pending before the Senate awaiting action. Thirteen are pending on the Senate floor and 37 are pending in committee.

Among the 37 is William Thomas, whom Obama first nominated for a seat on the U.S. District Court for the Southern District of Florida nearly a year ago in November. If confirmed, Thomas would be the first openly gay black person to sit on the federal bench.

Sen. Marco Rubio (R-Fla.), who had previously supported the Thomas confirmation, has been holding up the proceedings for the nominee by refusing to return a “blue slip” to the Senate Judiciary Committee.

The Washington Blade has previously reported that Rubio was holding up the confirmation process for Thomas by refusing to turn in the “blue slip” for the nominee.

Brooke Sammon, a Rubio spokesperson, told the Blade and other media outlets this week Thomas’s record as a judge on state court “raises serious concerns about his fitness” for a lifetime federal appointment.

“Those concerns include questions about his judicial temperament and his willingness to impose appropriate criminal sentences, particularly in the two high-profile cases of Michele Traverso and Joel Lebron earlier this year,” Sammon said. “After reviewing Thomas’s record, Senator Rubio cannot support moving forward with the nomination at this time.”

With respect to the Traverso case, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, wrote a letter to Rubio over the summer saying the sentence Thomas gave was within his guideline range, as the Washington Blade previously reported.

The White House didn’t respond to a request to comment on whether Obama would rescind his nomination of Thomas over Rubio’s objections.

Other openly gay nominees pending before the Senate are James “Wally” Brewster, Jr., who was nominated as U.S. ambassador to the Dominican Republic, and Chai Feldblum, who was nominated for a second term for a seat on the U.S. Equal Employment Opportunity Commission.

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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 — 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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European Union

Activists demand EU sanction Uganda over Anti-Homosexuality Act

Yoweri Museveni signed law on May 29, 2023

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Hillary Innocent Taylor Seguya, an LGBTQ rights activist, speaks at a protest in front of the European Union Delegation to the United States’s offices in D.C. on April 18, 2024. (Washington Blade photo by Michael K. Lavers)

More than a dozen activists who protested in front of the European Union Delegation to the United States in D.C. on Thursday demanded the EU to sanction Uganda over the country’s Anti-Homosexuality Act.

Hillary Innocent Taylor Seguya, a Ugandan LGBTQ activist, and Global Black Gay Men Connect Executive Director Micheal Ighodaro are among those who spoke at the protest. Health GAP Executive Director Asia Russell also participated in the event that her organization organized along with GBGMC and Convening for Equality Uganda, a Ugandan LGBTQ rights group.

(Washington blade video by michael k. lavers)

Ugandan President Yoweri Museveni last May signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The country’s Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.

A press release that Health GAP issued ahead of Thursday’s protest notes EU Commissioner for International Partnerships Jutta Urpilainen on March 6 announced more than €200 million ($212.87 million) for Uganda in support of “small business owners, young female entrepreneurs, agribusinesses as well as vital digital infrastructure projects in full Team Europe format with the European Investment Bank (EIB) and several member states.”

“These concrete initiatives will make a difference to aspiring entrepreneurs, Ugandan businesses and create jobs in multiple sectors,” said Urpilainen in a press release that announced the funds. “This is a perfect example of how Global Gateway can make a tangible difference for citizens and businesses and unlock the full potential of a partner country by working together.”

Convening for Equality Uganda on Tuesday in a letter they sent to Urpilainen asked the EU to review all funding to Uganda and “pause or reprogram any funds that go via government entities.” The protesters on Thursday also demanded European Commission President Ursula von der Leyen “to hold Ugandan President Museveni’s government accountable for this attack on human rights.”

Josep Borrell, the EU’s top diplomat, in a statement he released after Museveni signed the Anti-Homosexuality Act said the law “is contrary to international human rights law and to Uganda’s obligations under the African Charter on Human and People’s Rights, including commitments on dignity and nondiscrimination, and the prohibition of cruel, inhuman or degrading punishment.”

“The Ugandan government has an obligation to protect all of its citizens and uphold their basic rights,” said Borrell. “Failure to do so will undermine relationships with international partners.”

“The European Union will continue to engage with the Ugandan authorities and civil society to ensure that all individuals, regardless of their sexual orientation and gender identity, are treated equally, with dignity and respect,” he added.

Urpilainen last September in a letter to the European Parliament said the EU would not suspend aid to Uganda over the law.

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Politics

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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