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Advocates seek LGBT inclusion in State of the Union

A call for ENDA passage sought yet again

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Barack Obama, gay news, Washington Blade, Joint Session of Congress
Joint Session of Congress, gay news, Washington Blade, Barack Obama

Advocates are calling on President Obama to mention LGBT workers during his upcoming State of the Union address. (Washington Blade file photo by Michael Key)

Amid expectations that President Obama will issue a national call to address income equality in his upcoming State of the Union address, some advocates are asking him to take the opportunity to speak out against anti-LGBT workplace discrimination.

With no explicit federal language in place protecting LGBT workers from job discrimination, advocates are calling on Obama to incorporate as part of his speechĀ a call to pass the Employment Non-Discrimination Act and a pledge to sign an executive order prohibiting anti-LGBT discrimination among federal contractors.

The details of the speech are under wraps, but Obama already hinted earlier this month the address ā€” which will be delivered Tuesday before a joint session of Congress ā€” will seek to mobilize the country to ensure “the economy offers every American who works hard a fair shot at success.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said including the executive order or ENDA in the speech would fit right in with the president’s larger theme.

“The president is going to spend much of his State of the Union talking about economic inequalities and it’s important that he highlight those faced by the LGBT community,” Sainz said. “There are many ways to address these issues including signing a federal contractor non-discrimination executive order and calling on Congress to send ENDA to him for his signature.”

The call for inclusion of the executive order and ENDA in the State of the Union is the same request that LGBT advocates made early in 2013 prior to that year’s speech. Instead, Obama made a veiled reference to gay people when he said the economy should work for Americans ā€œno matterā€¦who you loveā€Ā and gave himself props for starting the process to secure partner benefits for gay troops.

But the situation has changed this time around. The Senate last year passed ENDA on a bipartisan basis by aĀ 64-32 vote. The only thing stopping ENDA from reaching Obama’s desk is House Republican leadership. House Speaker John Boehner (R-Ohio) has repeatedly said he opposes the bill when asked if he’ll allow a vote on it.

Tico Almeida, president of Freedom to Work, said including ENDA in the State of the Union would place significant pressure on Boehner to move forward.

ā€œBy explicitly calling on Speaker Boehner to allow ENDA to come to a vote, and by explaining the current gaps in employment law to the American people, President Obama can help build political momentum and do important public education to help correct the fact that 80 or 90 percent of Americans mistakenly think ENDA is already law,” Almeida said. “The presidentā€™s words would be a catalyst for millions of important conversations around the country.”

Almeida pointed to Obama’s words in his previous State of the Union speech calling for reauthorization of the Violence Against Women Act as “model language” for what he could say about ENDA. Following that speech, the House voted to send Ā an LGBT-inclusive VAWA reauthorization to Obama’s deskĀ after a version without the protections failed on the House floor.

The White House didn’t respond to a request for comment on whether Obama will include a reference to ENDA or the executive order in the State of the Union address.

If Obama calls for passage of ENDA during the State of the Union, it wouldn’t be the first time that a president has mentioned the legislation during the annual speech. In 1999, then-President Clinton said discrimination based on factors such as sexual orientation “is wrong and it ought to be illegal,” calling on Congress to turn ENDA as well as hate crimes protections into law.

As for the executive order, Obama has recently threatened to take executive action if Congress fails to act on legislation important to his agenda. White House Press Secretary Jay Carney said he had no updates when asked by the Blade if the use of the pen applies to non-discrimination protections for LGBT workers, but suggested Obama would take the route only for other agenda items.

Still, the lingering issue of LGBT workplace discrimination isn’t the only issue advocates want addressed during the State of the Union.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said ENDA and the executive order are part of a group of agenda items Obama should mention during his speech “to build on his stellar track record in the area ofĀ LGBT freedoms and justice.”

“This includes signing an executive order that bans discrimination against LGBT people working for federalĀ contractors and pushing CongressĀ on passing ENDA and fair immigration reform legislation,” Carey said. “We would alsoĀ like to see him include LGBT people and families as examples in hisĀ references to domestic issues that all Americans care about such as jobs,Ā the economy, and health care. And finally, we would like him to use use the word ‘transgender’ and to call for an end to violence against transgender people.”
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Politics

After Biden signs TikTok ban its CEO vows federal court battle

ā€œRest assured, we arenā€™t going anywhere,ā€ 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: ā€œMake no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,ā€ Chew said. ā€œRest assured, we arenā€™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,ā€ 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:

ā€œAs the former chairman of the House Intelligence Committee, I have long worked to safeguard Americansā€™ freedoms and security both at home and abroad. The Chinese Communist Partyā€™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.ā€

A spokesperson for California U.S. Senator Alex Padilla told the Blade: ā€œSenator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTokā€™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 Americansā€™ data privacy and foster continued innovation.ā€

The law, which gives ByteDance 270 days to divest TikTokā€™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 Platformsā€™ 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 arenā€™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 wonā€™t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally Iā€™m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTokā€™s LGBTQ+ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platformā€™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, ā€œPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatā€™s exactly what heā€™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 Pennsylvaniaā€™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.ā€ 

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 Bowserā€™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 Bowserā€™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 mayorā€™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 Mayorā€™s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the officeā€™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 mayorā€™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 ā€œexperiencing homelessness and housing instability.ā€ 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 Healthā€™s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayorā€™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 cityā€™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.

ā€œWe werenā€™t able to cover the loss of federal funds for HAHSTA with local funds,ā€ Japer  Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, told the Washington Blade. ā€œBut we are working with partners to identify resources to fill those funding  gaps,ā€ 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.

Bowserā€™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 coalitionā€™s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Communityā€™s new building, a former warehouse building in the cityā€™s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Centerā€™s plans to move in later this year. The coalitionā€™s budget proposal also calls for an additional $300,000 in ā€œrecurringā€ city funding for the LGBTQ Center in subsequent years ā€œto support ongoing operational costs and programmatic initiatives.ā€

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Centerā€™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.

ā€œWeā€™re still in this with them,ā€ Bowles said. ā€œWeā€™re still looking and working with them to identify funding.ā€

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 mayorā€™s budget but couldnā€™t immediately provide specific amounts.  

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

ā€œWe were also able to secure funding for the transgender, gender non-conforming workforce program,ā€ she said. ā€œWe also had funding for migrant services that weā€™ve been advocating for and some wins on language access,ā€ said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and arenā€™t fluent in speaking English.

Ellis said that although the coalitionā€™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.

 ā€œI would say to distill it down to just we ask for $43 million or whatever, thatā€™s not an accurate picture of what weā€™re asking for,ā€ she said. ā€œWeā€™re asking for major investments around a few areas ā€“ housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,ā€ she said. ā€œItā€™s not like a narrative about the dollar amounts. Itā€™s more like where weā€™re trying to go.ā€

The Blade couldnā€™tā€™ immediately determine how much of the coalitionā€™s funding proposals are included in the Bowser budget. The mayorā€™s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

ā€œAs 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,ā€ Gleick said.

But Bowles said several of the programs funded in the mayorā€™s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budgetā€™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, ā€œAbsolutely ā€“ thatā€™s definitely a vehicle for LGBTQ senior services.ā€

He said among the programs the increased funding for the mayorā€™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 ā€œPop-Up Permit Programā€ 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 wordā€™s largest LGBTQ events.

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

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

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