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Orrin Hatch dies at 88

Former Utah senator’s LGBTQ rights record was mixed

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Former U.S. Sen. Orrin Hatch (R-Utah) died on April 23, 2022, at the age of 88. (Screen capture via YouTube)

Former Republican U.S. Sen. Orrin Hatch, who spent over 40 years representing the state of Utah, died on Saturday at the age of 88.

The Orrin G. Hatch Foundation announced that he passed away at 5:30 p.m. MT surrounded by his family. No specific cause of death was given.

Hatch’s Senate career spanned from 1977-2019, longer than any other Republican in the nation’s history. 

The senator was best known for his efforts to get the Americans with Disabilities Act and the Children’s Health Insurance Program passed in the Senate and signed into law. He was also known for his committed political philosophy as a fiscal moderate on Capitol Hill within the Republican Party.

The Salt Lake City Tribune noted Sunday reporting on his career:

“In his early years in the Senate, Hatch was seen as a right-wing brawler, fighting for a balanced-budget amendment and laws undermining labor unions. He didn’t earn his deal-making reputation until he struck up a friendship with a liberal lion, late Massachusetts Democratic Sen. Ted Kennedy. Known as the ‘Odd Couple’ in Washington, they teamed to pass the Children’s Health Insurance Program, the first research bill on AIDS and the Americans with Disability Act.”

During a speech on June 17, 1987, then-President Ronald Reagan wryly noted in reference to Hatch and the federal budget; “Let me just say that if every member of the Senate were like Orrin Hatch, we’d be arguing over how to deal with a federal surplus. And that’s why I like to think of Orrin as `Mr. Balanced Budget’.”

His stance on hot button political/cultural issues was extremely conservative. Hatch was strongly opposed to abortion and was the author of the Hatch Amendment to the Constitution that failed to get Senate approval, which stated that there is no constitutional right to abortion and empowered the states to restrict abortion as they saw fit.

On immigration, the senator embraced tougher enforcement immigration policy including expanding the number of Border Patrol officers at the Southern border with Mexico. But he partnered with U.S. Sen. Dick Durbin (D-lll.) introducing the DREAM Act, which would provide a pathway to citizenship for the children of undocumented immigrants, who were children when their parents came to the U.S.

Thus far the legislation has languished even after being reintroduced several times, but has not been approved by majorities in either house of Congress.

On LGBTQ rights Hatch initially took the Republican Party and conservative stance on the issues of equality. At the start of his political rise in Republican politics as a newly elected U.S. senator in 1977, he told students from the University of Utah; “I wouldn’t want to see homosexuals teaching school anymore than I’d want to see members of the American Nazi Party teaching school.

Nine years later in 1996 he supported the Defense of Marriage Act.

Hatch also voted against the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which expanded federal hate crime laws to include crimes committed against people based on their gender identity and sexual orientation. During Senate debate over the legislation, he questioned whether it was necessary, suggesting that anti-gay violence was not “a major problem.”

As the country moved towards wider acceptance of same-sex marriage, in 2012, the senator voted to confirm U.S. District Court Judge Robert Shelby to the federal bench in Utah, who then-President Barack Obama had nominated.

Shelby on Dec. 20, 2013, struck down Amendment 3 of Utah’s State Constitution, which defined marriage as a union solely between a man and a woman, opening the way for same-sex marriage in the state.

Shelby ruled that Amendment 3 was in violation of the U.S. Constitution’s 14th Amendment, which guarantees due process and equal protection. As a result Shelby’s ruling set off a series of other district court decisions that overturned bans in several other states.

His ruling was affirmed by the 10th Circuit Court of Appeals on June 25, 2014. On Oct. 6, 2014, the U.S. Supreme Court declined the review the 10th Circuit’s ruling, legalizing same-sex marriage in Utah.

The ruling by Shelby and the effect on the effort to legalize same-sex marriage was noted by Hatch on a Salt Lake City radio show in 2014 saying that, even though he may not like it, legal gay marriage is inevitable:

“Lets face it. Anybody that does not believe that gay marriage is going to be the law of the land just hasn’t been observing what’s going on,” he said on KSL NewsRadio’s “Doug Wright Show.”
“The trend right now in the courts is to permit gay marriage and anybody who doesn’t admit that just isn’t living in the real world.”

Prior to his statements to KSL, in April 2013, Hatch stated publicly that he viewed same-sex marriage as “undermining the very basis of marital law,” but declined to support a federal marriage amendment and endorsed same-sex couples’ right to form a civil union, stating that the law should “give gay people the same rights as married people”

Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges.

After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth and 10th Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional. This created a split between circuits and led to a Supreme Court review.

On June 26, 2015, Obergefell overturned Baker and required all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.

Also in 2013 he was one of only 10 Republican senators who voted in favor of the Employment Non-Discrimination Act, legislation that would have prohibited discrimination in hiring and employment on the basis of sexual orientation and gender identity for those identifying as gay, lesbian, bisexual or transgender. On Nov. 7, 2013, the bill passed the Senate with bipartisan support by a vote of 64–32. Obama supported the bill’s passage, but the House Rules Committee voted against it.

It appeared to political observers and others that as time moved on, the senator was becoming more progressive in his viewpoints regarding LGBTQ people.

In July 2017, after then-President Trump announcement that he ordered a ban on military service for transgender Americans the senator said; “I don’t think we should be discriminating against anyone, transgender people are people, and deserve the best we can do for them.”

In June 2018, the year he retired from the Senate, Hatch gave a speech on the Senate floor expressing his support for the LGBTQ community and drawing attention to the high suicide rates among LGBTQ youth.

“No one should ever feel less because of their gender identity or sexual orientation,” Hatch said. “LGBT youth deserve our unwavering love and support. They deserve our validation and the assurance that not only is there a place for them in this society, but that it is far better off because of them. These young people need us—and we desperately need them.”

********************

Statement by President Joe Biden on the Passing of Former Senator Orrin Hatch

Jill and I and the entire Biden family are saddened to learn of the passing of Orrin Hatch, the longest-serving Senator in Utah’s history, and the longest-serving Republican senator in our nation’s history.

Orrin Hatch once shared in an interview that he had a soft side, and he had a tough side. To serve with Orrin, as I did for over three decades, was to see—and appreciate—both.

He was the fighter who carried with him the memory of his humble upbringing near Pittsburgh, who never humored a bully, or shied from a challenge. The young man who, upon receiving his degree from Brigham Young University, was the first in his family to graduate college; the young lawyer who built a successful law practice; and the senator who sprinted from meeting to meeting because there was so much to do—indeed, when Sen. Hatch retired, he had sponsored or co-sponsored more legislation than any senator at the time.

I saw that energetic, sharp-elbowed Orrin in the many battles we had over tax policy, the right of workers to join a union, and many others.

At the same time, Sen. Hatch was also a man of deep faith; a gentle soul who wrote songs and poems, and shared them with friends, colleagues and the world. This was the Orrin who looked out for the people who often didn’t have a voice in our laws and our country. I saw this in his efforts to pass the Americans with Disabilities Act and the Children’s Health Insurance Program.

When I first launched the Cancer Moonshot as vice president, one of the first visits I made was to the Huntsman Cancer Institute in Salt Lake City, at Orrin’s request. We both saw speeding the pace of cancer research as an issue that transcended political divisions.

When I cast my 10,000th vote in the Senate, Orrin came to the Senate floor and we had a chance to speak. I said that the greatest perk one has as a senator was access to people with serious minds, a serious sense of purpose, and who cared about something. That was Orrin.

He was, quite simply, an American original.

Jill and I send our deepest sympathies to Elaine, and all of the Hatch children, grandchildren, and great-grandchildren.

Former senator Orrin Hatch passes away at 88:

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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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Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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