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HISTORIC: SENATE PASSES ENDA

10 Republicans join 54 Dems to approve pro-LGBT bill for first time

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Tammy Baldwin, United States Senate, Employment Non-Discrimination Act, ENDA, Democratic Party, Jeff Merkley
Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin, religious exemptions

Sen. Tammy Baldwin (D-Wis.) is among the supporters of the Employment Non-Discrimination Act (Washington Blade photo by Michael Key).

For the first time in history, the U.S. Senate approved with bipartisan support a long sought piece of legislation that would bar employers from discriminating against or firing workers based on their sexual orientation or gender identity.

By a vote of 64-32, the Employment Non-Discrimination Act passed the Senate, marking the first time that either chamber of Congress has passed a version of the bill with protections for transgender workers.

A total of 10 Republicans voted in favor of the bill: Sens. Orrin Hatch (R-Utah), Susan Collins (R-Maine), Mark Kirk (R-Ill.), Rob Portman (R-Ohio), Pat Toomey (R-Pa.), Dean Heller (R-Nev.), Kelly Ayotte (R-N.H.), John McCain (R-Ariz.), Jeff Flake (R-Ariz.) and Lisa Murkowski (R-Alaska). All 54 Democrats present voted in favor of the legislation.

The vote also marks a turnaround for the Senate. In 1996, a version of ENDA came to the floor as part of a deal to bring up the Defense of Marriage Act for a vote, but the pro-gay bill failed at that time.

Prior to the vote, Sen. Jeff Merkley (D-Ore.), ENDA’s chief sponsor, delivered a speech on the Senate floor recognizing the historic nature of the moment.

“I look forward to this vote, this vote for liberty, this vote for freedom, this vote for opportunity, this vote for a fair and just America,” Merkley said.

Merkley also recognized the “champions of liberty” he said helped move ENDA forward like lesbian Sen. Tammy Baldwin (D-Wis.), Sen. Tom Harkin (D-Iowa) and Republican senators who joined in support of the bill.

Senators approved ENDA after three days of debate on the legislation, which began on Monday morning. Many senators spoke out in favor of the legislation ranging from Democrats like Sens. Barbara Boxer (D-Calif.) and Sherrod Brown (D-Ohio) to Republicans like Sens. Susan Collins (R-Maine) and Kelly Ayotte (R-N.H.).

Sen. Al Franken (D-Minn.) invoked the LGBT non-discrimination law in Minnesota as evidence the country can enact a similar statute on a nationwide basis.

“We have had this law in place for over 20 years in Minnesota, and what has been the effect?” Franken said. “For LGBT Minnesotans, it has meant that they don’t have to live in fear of being fired, or discriminated against in hiring, just because of who they are or whom they love. That is a big deal.”

The only senator to speak out in opposition to the legislation was Sen. Dan Coats (R-Ind.). On Thursday morning, Coats said he couldn’t bring himself to support ENDA out of concern for religious liberties of employers — despite the exemption in the bill for religious institutions.

“I oppose discrimination of any kind, and that includes discrimination of individuals or institutions for their faith and values, which often gets lost and has been lost in this discussion,” Coats said. “So there’s two types of discrimination here we’re dealing with and one of those goes to the very fundamental right granted to every American through our Constitution, a cherished value of freedom of expression and religion. And I believe this bill diminishes that freedom.”

Flake, who initially expressed opposition to the bill over its transgender protections, said he ultimately voted “yes” on the bill “to protect the rights of individuals.” In 2007, Flake voted as a U.S. House member for a version of ENDA with sexual orientation-only protections.

“While I had concerns about expanding protections beyond those House provisions, after consideration, I believe supporting this bill is the right thing to do,” Flake said. “I am hopeful that the bill moves forward in a way that works for employers as well as employees.”

McCain issued a similar statement saying he voted in favor of ENDA because of his opposition to employment discrimination.

“I have always believed that workplace discrimination – whether based on religion, gender, race, national origin or sexual orientation – is inconsistent with the basic values that America holds dear,” McCain said. “With the addition of an amendment I co-sponsored with Senators Rob Portman and Kelly Ayotte strengthening protections for religious institutions, I am pleased to support this legislation.”

Advocates praise vote, look to House of Representatives, White House

LGBT advocates heaped praise on the Senate for passing ENDA as they turned their attention to the House of Representatives, where Republican control makes passage significantly more challenging, and the White House.

Chad Griffin, president of the Human Rights Campaign, said the Senate made history “by standing up for a fundamental American truth.”

“Each and every American worker should be judged based on the work they do, and never based on who they are,” Griffin said. “This broad Senate coalition has sent a vital message that civil rights legislation should never be tied up by partisan political games.”

Tico Almeida, president of Freedom to Work, commended the Senate for approving ENDA on a bi-partisan basis and said the House should take the same action.

“The Senate has taken a bi-partisan and historic step toward ensuring that gay and transgender Americans have the same workplace protections that give all Americans a fair shot to succeed on the job,” Almeida said. “Our fight now moves to the House of Representatives where Speaker Boehner and the Republican Conference will have to decide which side of history they want to stand on.”

Both Griffin and Almeida said President Obama should follow up on the Senate vote by issuing an executive order barring federal contractors from engaging in LGBT discrimination.

Griffin said the directive would send a clear signal against “in support of workplace fairness” in addition to a House vote.

“This order is not a silver bullet, and ENDA is vitally necessary after the order is signed,” Griffin said. “But the Human Rights Campaign has long argued that, by signing the order, President Obama can extend workplace protections to over 16 million American workers.”

Tony Perkins, president of the anti-gay Family Research Council, responded to Senate passage of ENDA with dismay.

“Americans should be free to disagree, but ENDA would lead to a form of reverse discrimination,” Perkins said. “Anyone who expresses or promotes a view of family or morality that can be interpreted to be a disapproval of homosexual or transgender conduct will be subject to retaliation and discrimination.”

Despite claims like these from social conservatives, LGBT advocates have insisted that the bill would do nothing more than prohibit employers from discriminating against LGBT employees.

Speaking with the Washington Blade prior to the vote, Merkley said the task now for ENDA supporters is taking the momentum from the Senate to “create an irresistible pressure” for consideration in the House.

“With no shred of an argument to sustaining this type of discrimination, and a strong bi-partisan vote in the Senate, I hope we can create the pressure in the House to act,” Merkley said.

Similar to prior claims made by Senate Majority Leader Harry Reid (D-Nev.), Merkley predicted that ENDA would pass the House if Republican leadership held a vote on the legislation.

“I do believe that if an up-or-down vote was held on what we would pass through the Senate that it would pass the House,” Merkley said. “If a majority of the House is ready to say ‘no’ to discrimination, it is wrong for the leadership to block that vote, and I hope that they’ll come to see that view and allow such a vote to happen.”

White House Press Secretary Jay Carney addressed the vote on Thursday during his routine news briefing taking place at the same time, saying passage of ENDA in the House would be the “right thing to do because we’re all equal.”

“To oppose this kind of legislation is to announce that you want to be left behind by history,” Carney said. “The necessity of making sure that every American has equal rights is fundamental to our history and to who we are. And that’s what this legislation represents. Some of the objections that I’ve heard from members in the House are reminiscent of objections that opponents of other civil rights legislation put forward. And they were wrong then and they’re wrong now.”

The vote on final passage took place about 45 minutes after the Senate invoked cloture by a vote of 64-34 to end debate on the legislation.

The Senate earlier held a cloture vote Monday on ENDA, but that vote was to begin debate on the legislation. A second cloture vote was necessary to end debate and proceed to final vote.

ENDA amendments debated

Two amendments were also discussed with respect to the legislation. One was adopted, the other was not.

On Thursday, the Senate defeated an amendment proposed by Sen. Pat Toomney (R-Pa.) that would have expanded the groups eligible under ENDA’s religious exemption. That amendment, which required 60 votes to pass, failed on a 43-55 vote.

Prior to the vote, Toomey said his measure was an attempt to “strike an appropriate balance,” saying he opposes discrimination against LGBT people, but “another important American value is freedom, and particularly religious freedom.”

But Harkin spoke out on the Senate floor against the Toomey amendment for going too far. Noting ENDA already has a religious exemption, Harkin said if the Toomey amendment were approved, “thousands of for-profit businesses” would be allowed to discriminate.

Baldwin also said the expansion of the religious exemption that Toomey proposed wasn’t the appropriate balance.

“A capable employee in a non-religious [institution] should not be fired, or not be hired, because of his or her employer’s individual religious beliefs,” Baldwin said.

Sen. Lindsey Graham (R-S.C.) initially cast a vote “no” vote in opposition to the amendment. But just before the vote was called, he rushed into the Senate chamber to inform the clerk he wanted to vote “yes” on the measure.

Notably, even though his amendment failed, Toomey voted “yes” in favor of ENDA during final passage.

On Wednesday, the Senate adopted with no controversy by voice vote an amendment to ENDA, introduced by Sens. Rob Portman (R-Ohio) and Kelly Ayotte (R-N.H.), to ensure that institutions that invoke the religious exemption under ENDA won’t face retaliation from state, local or federal governments. LGBT advocates didn’t oppose the measure because they said it would simply reinforce the status quo.

Speaking on the floor, Ayotte commended the Senate for adopting the amendment to ENDA, which she said enables her to come on board in support.

“I have long been a strong supporter of the rights of conscience, of the rights under the First Amendment of the Constitution to religious freedom, and these protections are very important within this bill,” Ayotte said.

Two other amendments that were filed — one proposed by Sens. Mitch McConnell (R-Ky.) and Rand Paul (R-Ky.) to attach a national right-to-work law to ENDA, another proposed by Sen. David Vitter (R-La.) that reportedly would have banned sex-selective abortions — didn’t come up for a vote.

Merkley said only the Portman and Toomey amendments were allowed to come up as a part of a unanimous consent agreement reached on Wednesday.

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlantic—I couldn’t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I would’ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. “Have you ever used a stunt kite?” Bonnie, the event organizer asked me. “I bought one. It looked really cool. But I can’t make it work.” She sighed. “I can’t get the thing six feet off the ground.” The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of Pokémon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If there’s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: “I don’t think it’s possible.” “Dude, I wish I had an ace-dar.” “If it exists, I don’t have it.” “I think this is just like a broken clock is right twice a day type thing.” What seems to be a more common experience is meeting someone you just click with—only to find out later that they’re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger community—with its definite non-asexuality—has also adopted the signal. “It’s still a thing,” said Emily Karp. “So some people wear their ace rings just to the ace meet-ups.” Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. “We played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way that’s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.” 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the group’s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohen’s book, “The Other Significant Others,” published in February. Cohen’s book discusses friendship as an alternative model for “significant others,” apart from the romantic model that is presupposed to be both the center and goal of people’s lives. The AAMA group received the book with enthusiasm. “It literally re-wired my brain,” as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. “I can break up with a friend over text, and we don’t owe each other a conversation,” one said. But there was some disagreement when it came to the book’s discussion of romantic relationships. “It relegates ace relationships to the ‘friend’ or ‘platonic’ category, to the normie-reader,” one person wrote in the chat. “Our whole ace point is that we can have equivalent life relationships to allo people, simply without sex.” (“Allo” is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some don’t. And some aromantics don’t identify as asexual, either. The “Aromantic” in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didn’t really have a space to call their own. “We were thinking it would be good to probably change the name of the Meetup group,” Emily said. “But we were not 100% sure. Because [there were] like 1,000 people in the group, and they’re all aces, and it’s like, ‘Do you really want to add a non-ace person?’” The group leadership decided to err on the side of inclusion. “You know, being less gatekeep-y was better. It gave them a place to go — because there was nowhere else to go.”

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the center’s bisexual support group, since they didn’t have any resources for ace folks. “The organizer said, you know what, why don’t we just start an ace/aro group? Like, why don’t we just do it?” He laughed. “I was impressed with the turnout, the first call. It’s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.” The group has a great deal of overlap with the AAMA, but it is often a person’s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. “And I’m so grateful that I did,” one member said. “I kind of showed up and just trauma dumped, and everyone was really supportive.”

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the “I” is added to the acronym, the “A” is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but “aromantic” is not one of them — presumably because aromantic people don’t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ‘missing something.’ One member of the LGBT center support group had an interesting response. “The space is filled by… whatever else!” they said.  “We’re not doing a relationship ‘without that thing.’ We’re doing a full scale relationship — as it makes sense to us.”

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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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 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

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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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