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Pelosi envisions path for House passage of ENDA

Democratic leader looks to VAWA as way to move LGBT anti-bias bill

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House Minority Leader Nancy Pelosi said she hopes ENDA could pass the House in a way similar to VAWA (Washington Blade file photo by Michael Key).

House Minority Leader Nancy Pelosi said she hopes ENDA could pass the House in a way similar to VAWA (Washington Blade file photo by Michael Key).

Amid expectations the Senate will vote next week on the Employment Non-Discrimination Act, House Minority Leader Nancy Pelosi (D-Calif.) is a envisioning path for passage of the bill in her chamber of Congress despite Republican control.

During her routine news conference on Wednesday, Pelosi said she’s hoping for a situation on ENDA similar to what happened when the House passed reauthorization of the Violence Against Women Act earlier this year.

“We made it too hot to handle in the public,” Pelosi said. “It had to come to the floor. Even so, a majority of the Republicans voted against the Violence Against Women Act. But nonetheless, it came to the floor. I hope we could have a similar situation with this.”

Asked to clarify whether VAWA reauthorization could be a model for House passage of ENDA, Pelosi called for expedited movement of the legislation in her chamber.

“Well, I would think it would be “once burned, twice learned,” and that they would, shall we say, save some time by taking it right to our committee and to the floor,” Pelosi said. “It’s really important. Our country – ending discrimination is what we are all about as Americans, and we should not have discrimination in the workplace because of gender identity.”

In February, the House, amid public pressure, passed the Senate measure to reauthorize VAWA, which contained protections for LGBT victims of domestic violence. It was the first and only time a bill with LGBT-specific language passed under the leadership of House Speaker John Boehner (R-Ohio).

House Republican leadership initially brought to the floor its own version of the bill without LGBT protections, but didn’t have enough votes in its own caucus to pass the measure. Afterward, House leaders brought to the floor the Senate version of the bill, which was approved unanimously by the House Democratic caucus along with 87 Republicans.

Pelosi said Wednesday the situation could be similar for ENDA after noting the significant cultural change on LGBT issues since 2007, when a gay-only version of ENDA was introduced on the House floor. The Democratic leader attributed this change to “the community’s” efforts.

“So I would hope that the public attitude, which I attribute to the community’s activism, outside mobilization, and just family awareness and respect for people to end discrimination, increases its prospects for now,” Pelosi said. “And, it will be interesting to see if in the Republican Party they want to see a continuation of discrimination in the workplace for people because of their gender identity.”

Notably, throughout her remarks, Pelosi twice explicitly mentioned the bill’s protections in employment based on gender identity, and never once mentioned sexual orientation. That’s significant because the House under her leadership moved forward a bill in 2007 that included protections based on sexual orientation, but omitted language for transgender people.

Small progress has been made on ENDA quietly in the House amid considerable attention about whether the bill will have enough votes to pass in the Senate.

In this week alone, the legislation has gained at least two new Republican co-sponsors following the initial news that ENDA would soon come to a floor vote in the Senate. According to “Thomas,” the website for the Library of Congress, Rep. Jon Runyan (R-N.J.) signed on as a co-sponsor on Monday.

Joining him on Wednesday were six additional co-sponsors. Among them are Raul Ruiz (D-Calif.), Nydia Velazquez (D-N.Y.), G.K. Butterfield (D-N.C.), Corrine Brown (D-Fla.) and William Owens (D-N.Y.).

Rep. Chris Gibson (R-N.Y.) on Wednesday also signed on as a co-sponsor to ENDA. He’s facing a challenge next year to his congressional seat from Sean Eldridge, a gay Democratic activist who’s married to Facebook co-founder and New Republic owner Chris Hughes.

Gregory Angelo, executive director of the National Log Cabin Republicans, called Gibson’s co-sponsorship of ENDA “welcome news indeed.”

“Cynics will say that this is all politics and precipitated by Sean Eldridge’s carpetbagging candidacy, but I know that this was a decision Congressman Gibson didn’t make lightly,” Angelo said. “A great deal of contemplation and consultation with Log Cabin Republicans and others in the GOP who know support for ENDA is prevalent and growing put Congressman Gibson on the right side of history here.”

Counting these new co-sponsors and chief sponsor of ENDA gay Rep. Jared Polis (D-Colo.), the legislation has a total of 194 supporters. That’s still 24 votes shy of the 218 votes necessary to pass ENDA in the House.

Tico Almeida, president of Freedom to Work, said he agrees with Pelosi that VAWA advocates ran an impressive campaign and that method could be applied to ENDA.

“Freedom to Work and other LGBT organizations with strong Republican connections should meet with Republican House leaders to urge them to drop the Hastert Rule as they did with LGBT-inclusive VAWA and allow a vote,” Almeida said. “Our Republican Legislative Director has already started on an impressive number of Republican House meetings.”

But Almeida said a VAWA-like strategy is one of three possible approaches to passing ENDA in the House. Others, as he’s previously already articulated, include a discharge petition, as proposed by McCain-Feingold author Trevor Potter, and attaching ENDA in the Senate to a larger bill for the House to pass.

“We should try all of the above strategies in the next year before the election,” Almeida said. “It’s not a choice. We should push on multiple fronts. We can only win if we’re willing to try.”

Drew Hammill, a Pelosi spokesperson, wouldn’t rule out any option as a possibility for passing ENDA in the House despite Republican control.

“As with any measure that passes the Senate and already enjoys bipartisan support in the House, all options remain on the table,” Hammill said.

A partial transcript of the exchange between Pelosi and reporters follows:

Reporter: Madam Leader, Leader Reid in the other body mentioned in the next couple of weeks he is going to try to bring up ENDA. I know this passed in the House in 2007. I think there were 10 Republicans who are still in the House who voted for it. Why do you think there would be any chance if it moved to this body – they think they might be within striking distance of 60 next door – why would they have any ability to move it here when they can’t even pass a farm bill? Why would they be interested in trying to move ENDA in this body in this political circumstance?

Leader Pelosi: Well, I believe a lot has changed since 2007 on this subject. We have seen – as we know, in 2010, we repealed the Don’t Ask, Don’t Tell policy in the military. The Supreme Court has overturned the so-called euphemistically named Defense of Marriage Act. Thank God they overturned that and its name. And just generally, the public awareness and acceptance of ending discrimination in any way.

Some people think ENDA is ending discrimination in the workplace. Isn’t that a given in our country? Apparently not. And that’s why we have to pass the bill.

So I would hope that the public attitude, which I attribute to the community’s activism, outside mobilization, and just family awareness and respect for people to end discrimination, increases its prospects for now. And, it will be interesting to see if in the Republican Party they want to see a continuation of discrimination in the workplace for people because of their gender identity.

We had a problem with the Violence Against Women Act. They didn’t want to bring that to the floor. We made it too hot to handle in the public. It had to come to the floor. Even so, a majority of the Republicans voted against the Violence Against Women Act. But nonetheless, it came to the floor. I hope we could have a similar situation with this.

Reporter: Do you think you could use the model that was used for VAWA to make this ENDA bill “too hot to handle,” as you put it?

Pelosi: Well, I would think it would be “once burned, twice learned,” and that they would, shall we say, save some time by taking it right to our committee and to the floor. It’s really important. Our country – ending discrimination is what we are all about as Americans, and we should not have discrimination in the workplace because of gender identity.

UPDATE: This article has been updated to reflect the additional ENDA co-sponsors in the House that signed on Tuesday.

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Politics

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 United States.

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, California Democratic Congressman Adam Schiff, who doesn’t support a blanket ban of the app, told the 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 California U.S. Senator Alex Padilla 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 President 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 to ban TikTok and Chinese-owned WeChat, a unit of Beijing, China-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 U.S. District Court 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’ 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, New York-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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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowser’s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser’s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayor’s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayor’s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the office’s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayor’s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents “experiencing homelessness and housing instability.” The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Health’s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayor’s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the city’s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

“We weren’t able to cover the loss of federal funds for HAHSTA with local funds,” Japer  Bowles, director of the Mayor’s Office of LGBTQ Affairs, told the Washington Blade. “But we are working with partners to identify resources to fill those funding  gaps,” Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowser’s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalition’s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Community’s new building, a former warehouse building in the city’s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Center’s plans to move in later this year. The coalition’s budget proposal also calls for an additional $300,000 in “recurring” city funding for the LGBTQ Center in subsequent years “to support ongoing operational costs and programmatic initiatives.”

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Center’s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

“We’re still in this with them,” Bowles said. “We’re still looking and working with them to identify funding.”

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayor’s budget but couldn’t immediately provide specific amounts.  

“There are a couple of areas I would argue we had wins,” Ellis told the Blade. “We were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.” She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

“We were also able to secure funding for the transgender, gender non-conforming workforce program,” she said. “We also had funding for migrant services that we’ve been advocating for and some wins on language access,” said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and aren’t fluent in speaking English.

Ellis said that although the coalition’s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 “I would say to distill it down to just we ask for $43 million or whatever, that’s not an accurate picture of what we’re asking for,” she said. “We’re asking for major investments around a few areas – housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,” she said. “It’s not like a narrative about the dollar amounts. It’s more like where we’re trying to go.”

The Blade couldn’t’ immediately determine how much of the coalition’s funding proposals are included in the Bowser budget. The mayor’s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

“As for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,” Gleick said.

But Bowles said several of the programs funded in the mayor’s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budget’s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, “Absolutely – that’s definitely a vehicle for LGBTQ senior services.”

He said among the programs the increased funding for the mayor’s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city “Pop-Up Permit Program” that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the word’s largest LGBTQ events.

“While we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,” Bowser said at the press conference. “And to that point, we proposed a $5.25 million investment to support World Pride 2025,” she said, adding, “It’s going to be pretty great. And so, we’re already thinking about how we can include D.C. entrepreneurs, how we’re going to include artists, how we’re going to celebrate across all eight wards of our city as well,” she said.

Among those attending the press conference were officials of D.C.’s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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