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Trump nominee refuses to say foreign laws criminalizing gays unjustified

Brownback nominated as U.S. ambassador for int’l religious freedom

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Gov. Sam Brownback (R-Kansas), nominated as U.S. ambassador for religious freedom, speaks before the Senate Foreign Relations Committee on Oct. 4, 2017. (Screen capture public domain)

President Trump’s pick as U.S. ambassador for international religious freedom faced tough questioning Wednesday over his anti-LGBT record during which he refused to say laws in foreign countries criminalizing LGBT status were always unjustified.

Kansas Gov. Sam Brownback, whom Trump nominated in July to become U.S. ambassador at-large for international religious freedom, was non-committal on opposition to these foreign laws, which in some cases penalize homosexuality with death, under questioning from Sen. Tim Kaine (D-Va.).

Seeking to connect the issue of anti-LGBT discrimination to religious freedom, Kaine asked Brownback if he’s aware that countries have laws punishing homosexuality with imprisonment or death.

When Brownback replied, “I believe that’s correct,” Kaine pointed out the justification for these draconian anti-gay laws is religious reasons.

In response, Brownback said the day before his confirmation hearing, he had a “lengthy conversation” with Randy Berry, who continues to serve during the Trump administration as U.S. envoy for the State Department for international LGBT human rights issues, and how he worked with the Obama administration’s U.S. ambassador for religious freedom David Saperstein.

“We had a good conversation about how these two offices work together,” Brownback said. “I don’t see doing anything any different than what they worked together.”

Kaine started to reply, “That wasn’t really my question,” but Brownback responded, “But that really is the point.”

Seeking to get back on topic, Kaine asked the nominee if there’s any situation in which religious freedom could be used to justify laws imprisoning or executing people for being LGBT, but Brownback didn’t directly answer.

“I agree with what Randy Berry did around the world on that topic,” Brownback said. “I’m not fully briefed on the various specifics of what he basically did and described to me yesterday and the work he did back and forth with ambassador Saperstein, I wouldn’t see changing.”

With his question unanswered, Kaine asked again if there’s any circumstance in which criminalizing homosexuality for religious reasons is justified, but Brownback again declined to directly answer.

“I don’t know what that would be and what circumstance, but I would continue the policies that had been done in the prior administration in work on these international issues,” he said.

Kaine wasn’t satisfied: “I really would expect an unequivocal answer on that, but my time is up.”

Brownback refused to say outright laws criminalizing homosexuality are always unjustified days after the Trump administration faced criticism for voting against a U.N. resolution condemning the death penalty for homosexuality. The Trump administration defended that action by saying the resolution was about the death penalty in general, not specific to gays, and previous administrations declined to support similar resolutions.

The choice of Brownback as ambassador for religious freedom overseas has inspired consternation among LGBT rights supporters since Trump announced his choice based on the Kansas governor’s anti-LGBT record, which was explored during the hearing.

Brownback also faced tough questions from Kaine about rescinding as governor an executive order barring anti-LGBT discrimination in the state workforce.

Referencing Brownback’s decision in 2015 to reverse the order established by his Democratic predecessor Kathleen Sebelius, Kaine asked the nominee to defend his actions.

“That was an order that created a right by the executive branch that wasn’t available to other people and it wasn’t passed by the legislative branch,” Brownback replied. “I believe those sorts of issues should be passed a legislative branch.”

But Kaine wouldn’t have Brownback’s explanation the protections should be left the legislature, asking the nominee, “Isn’t that kind of the point to an executive order?”

“You issue an executive order on something that the legislature doesn’t pass,” Kaine added. “If it was clearly in statute, you wouldn’t need to issue an executive order.”

But Brownback said an executive order against anti-LGBT discrimination would be inappropriate because it was “a foundational issue that you were creating a right for state employees that wasn’t available to the rest of the people in the state.”

When Kaine replied “was it bad” to give state employees a course of action under anti-LGBT discrimination, Brownback insisted the state legislature should be responsible for those protections.

Kaine asked Brownback a series of questions on whether as Kansas governor he appoints Cabinet secretaries and agency heads, and the nominee more or less affirmed that was the case. When Kaine asked Brownback if he applies a high standard to state employees, Brownback replied “yes.”

Kaine’s follow up: Why then, as Kansas governor, could he also not protect LGBT state employees through executive order?

“If you’re hiring for honesty, if you’re hiring for competence, wouldn’t that be an appropriate thing that the governor as a chief of state personnel operation would want to know about leaders in state government,” Kaine said.

Brownback’s defense: “I think that would be a rational thing. I just don’t think it’s a right the executive branch should create without the legislative branch.”

Reversing the executive order isn’t the only anti-LGBT action Brownback took as governor. Last year, he signed into law a “religious freedom” bill allowing student groups at taxpayer-funded public universities in Kansas to deny membership to LGBT students.

As a member of Congress — first as U.S. House member, then as U.S. senator — Brownback built a significant anti-LGBT reputation. Among other things, Brownback championed a U.S. constitutional amendment that would have banned same-sex marriage.

Kaine recalled during his tenure as Virginia governor issuing an executive order against anti-gay discrimination in state employment, saying that was the first action he took as governor even though he faced resistance from then-Virginia Attorney General Bob McDonnell over the legislature not having acted on the issue.

“Can’t you see that the retraction of an executive order like this that had been in place for eight years sends a message that that is not a value, non-discrimination against folks on the grounds of sexual orientation, that’s not a value that you share?”

Brownback disagreed and insisted for the role at hand as ambassador for religious freedom, he wouldn’t engage in any kind of discrimination.

“I look forward to working with people, working with everybody regardless of their ideas or views on how we can advance the agenda of religious freedom,” Brownback said.

Also questioning Brownback on LGBT rights was Sen. Jeanne Shaheen (D-N.H.), who after raising the issue of Indonesian refugees in her state facing deportation asked Brownback if he’s willing to work with civil society groups working not just on religious freedom, but LGBT and women’s rights.

In response, Brownback insisted his focus will be religious freedom to maintain bipartisan support for that role.

“I will work with anybody that I can on the topic of religious freedom and not veer out of that lane because I think if you start to veer out of that lane, you get pulled to other topics that other people are charged with doing, you’re going to lose bipartisan support for the position, which is critical to have,” Brownback said.

Coming to Brownback’s defense was Sen. Marco Rubio (R-Fla.), who was chairing the hearing and said his colleagues were asking him about topics other than religious freedom.

“If there is persecution on the basis of religion, or oppression on the basis of religion, or the denial of liberty on the basis of religion, your job would be to advocate for that freedom for them to practice in peace religion in peace,” Rubio said. “That is the scope of the job that you’d been nominated to, is that correct, not to litigation theological points or policy differences beyond the scope of that liberty?”

Brownback affirmed that view and repeated his response that bipartisan support for his role is important, adding a distraction into other issues would make the position “less effective if effective at all.”

David Stacy, the Human Rights Campaign’s director of government affairs, said after the hearing his organization remains “deeply concerned” about Brownback’s nomination.

“Brownback’s long history of anti-LGBTQ actions in Congress and as governor was reflected in his refusal at his hearing today to unequivocally condemn the inhumane treatment, including execution, of people based on sexual orientation and gender identity,” Stacy said. “While he expressed some support for the LGBTQ human rights work at the State Department, his other responses give us every reason to believe that Brownback will continue to use his own narrow view of ‘religious freedom’ as permission to discriminate against LGBTQ people.”

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Comings & Goings

Hank’s Oyster Bar celebrates 20th anniversary

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Jamie Leeds

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Jamie Leeds, chef extraordinaire, on celebrating the 20th anniversary of Hank’s Oyster Bar in Dupont Circle. Leeds said, “I am feeling grateful that Hanks has been in such a supportive and friendly neighborhood for 20 years.”

Leeds is a pioneering and tenacious entrepreneur who has spent her career foster­ing community, mentoring other female business owners and culinary professionals, and supporting sustainable practices across her restaurants and the seafood industry at large.

 She has 40 years of experience, from kitchens in Europe, to the D.C.-Maryland-Virginia-ar­ea. A self-taught chef, she began her career in New York in the early 1980s at Danny Meyer’s famed Union Square Cafe, working her way up from potato peeler to sous chef. With Meyer’s encouragement, she moved to France in 1991, where she spent a year honing her skills before returning stateside to work for Rich Melman, of Lettuce Entertain You Enterprises, in Chicago. 

From the moment she appeared on the D.C. culinary scene, Leeds garnered positive reviews and accolades, earning nominations in 2003 as a “Rising Culinary Star” in the Restau­rant Association of Metropolitan Washington’s Capital Restaurant & Hospitality Awards, and a “Rising Star Chef” by Starchefs’ local awards program. 

I met Leeds in early 2005 as she was trying to open Hank’s in D.C.’s Dupont Circle, serving what she coined “urban beach food.” The restaurant was named for her father, whom she credits as her inspiration for becoming a chef. It debuted to wide acclaim. A few of us joined with Jamie to fight some local neighborhood residents who were trying to stop her opening for a host of invalid reasons. Thankfully, they lost, and the neighborhood, and people of D.C., won. Now celebrated for its range of proprietary oysters and other locally sourced seafood, Hank’s Oyster Bar continues to draw recognition as a D.C. institution and industry stalwart, recently winning “Best Raw Bar” in Washingtonian’s Best of Washington Readers’ Poll 2019, “Best Bloody Mary” and “Best Chef-Jamie Leeds” (a second consecutive win) from Washington Blade’s Best of Gay D.C. in 2019, 2020, and 2021 among numerous other accolades. Leeds now has a Hank’s Oyster Bar in Old Town Alexandria, Va., and her largest location, Hank’s on the Wharf, which opened in October 2017.

In June of 2021 she was recognized by the U.S. Chamber of Commerce for inspiring LGBTQ+ entrepreneurs in the DMV area, and her approach to sustainable and inclusive business practices. A resident of North Chevy Chase, Md., when she’s not busy at the helm of her burgeoning restaurant empire, she enjoys spending time with her wife, Tina, and two children, Hayden and Hazel.

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Politics

Pete Buttigieg, eyeing a presidential run, holds Iowa town hall

Former DOT secretary defended trans rights

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Pete Buttigieg (Washington Blade file photo by Michael Key)

After acknowledging during an interview on Tuesday that he is considering a bid for the White House in 2028, Pete Buttigieg stepped onto a stage in Cedar Rapids, Iowa, for a 45-minute town hall where he looked and sounded very much a candidate launching his presidential campaign.

The former U.S. Transportation Secretary warned that “we are being tested on nothing less” than the strength of America’s commitments to freedom and democracy over the next four years of President Donald Trump’s second term.

Rather than “hang back” while those in power “screw up,” he said now is the time to advance and articulate an agenda charting a new path forward for the country, including by restoring access to abortion and better addressing the challenges and meeting the needs of the nation’s veterans and with their families and communities.

As Democrats work to rebuild with an eye toward retaking control of the White House and both chambers of Congress, the party has wrestled with questions of whether and to what extent last year’s electoral defeat may have been attributable to the adoption of policy positions that were unpopular or out of step with views held by key parts of the electorate.

Buttigieg on Tuesday stressed the importance of identifying which parts of the platform should be revisited, the areas in which a greater diversity of viewpoints should be tolerated and welcomed into the Democratic coalition, and when to provide room for disagreement and debate. 

As an example, he took the matter of whether and in which circumstances athletes should be allowed to compete on sports teams that are consistent with their gender identity but inconsistent with their birth sex. 

“I think we do need to revisit some of the things that we have had to say policy-wise that haven’t kept up with the times as a party,” he said, adding, “Americans may have questions about how to make sure sports are safe and fair, which I get.” 

At the same time, “that doesn’t ever mean throwing vulnerable people under the bus,” Buttigieg said — and not just because that would be wrong, but also because it’s bad politics for Democrats. 

For example, “Americans understand that your gender identity shouldn’t affect whether you get to vote,” Buttigieg said, referencing policies passed by conservative lawmakers in Iowa and several other states that would render voters ineligible to cast their ballots in cases where there are discrepancies in the information listed on their official documents, records, and government-issued IDs. The rules are expected to disproportionately impact transgender people who are far likelier than their cisgender counterparts  to have updated the gender markers and names listed on their driver’s licenses, for example.

Buttigieg, a decorated U.S. Navy Reserve officer who was deployed to Afghanistan, also raised an example of unpopular anti-trans policymaking, the Trump-Vance administration’s ban on military service by trans soldiers: “Americans understand,” he said, “that if you are, for example, a soldier who is doing a good job, who is getting good ratings from commander who is contributing to the readiness of this mission, who is ready to put their life on the line, who happens to be transgender, you ought to be honored and not kicked out of the military.”

The line drew applause from attendees, who included a number of veterans including members and staff from VoteVets, the progressive advocacy group that organized the town hall.

Also in attendance on Tuesday were supporters who wore official merchandise from Buttigieg’s 2020 run, which began with his surprise first-place finish in the Iowa Democratic presidential caucuses ahead of then-former Vice President Joe Biden and U.S. Sens. Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.) — a transformational moment for the openly gay former mayor of South Bend, Ind., who thereafter emerged as a rising star in his party and quickly become a formidable force in American politics on the national stage.

Many elected officials and other influential stakeholders within the Democratic Party now consider Buttigieg the strongest or one of the strongest of its communicators. His name has often been floated as a strong choice to lead the ticket as the Democratic presidential nominee.And he seems well positioned for a run in 2028. Even so, this far in advance of the election candidates are more circumspect about discussing their plans or their thinking about a bid for the White House so far in advance of the election.

However, Trump’s second administration and the new Congress led in both chambers by Republican loyalists seems to have prompted a number of other top Democrats to dispense with the coquettishness. A report in Politico notes that Kentucky Gov. Andy Beshear, Pennsylvania Gov. Josh Shapiro, former Chicago Mayor Rahm Emanuel, and former U.S. Commerce Secretary Gina Raimondo have recently either made overtures signaling they are considering a run or declined opportunities to deny it.

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Rehoboth Beach

Ashley Biden to speak at Blade’s Summer Kickoff Party in Rehoboth Beach

May 16 event to honor Beau Biden, feature speech from Gov. Matt Meyer

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Former first lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)

The Washington Blade’s 18th annual Summer Kickoff Party is scheduled for today in Rehoboth Beach, Del.

Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced on Friday. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. 

Delaware Gov. Matt Meyer has also joined the list of speakers. 

The event, held at the Blue Moon (35 Rehoboth Ave.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Sen. Russ Huxtable, who recently introduced a state constitutional amendment to codify the right of same-sex couples to marry. CAMP Rehoboth Executive Director Kim Leisey and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Blue Moon.

A suggested donation of $20 is partially tax deductible and includes drink tickets and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

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