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Senate insiders bullish on marriage vote as summer recess nears

More than 10 Republicans possible ‘yes’ votes

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Sen. Tammy Baldwin is taking a lead role in finding votes for the Respect for Marriage Act.

Senate insiders are bullish on the prospect of a measure seeking to codify same-sex marriage after an unexpected bipartisan vote for the measure in the U.S. House as some predict lawmakers could find the 60 votes needed to end a filibuster and vote to send it to President Biden’s desk, although concerns remain about limited time on the congressional calendar.

With support for same-sex marriage at a record high ā€” 7-in-10 Americans support gay nuptials ā€” insiders told the Washington Blade the Senate could approve the Respect for Marriage Act with the 10 Republicans needed to end a filibuster ā€” or even more. The major obstacles for the measure are finding a time period to put the bill up for a vote in the Senate, waiting for senators out with COVID to return to work, and rounding up enough Republican support.

One LGBTQ lobbyist, who agreed to speak on condition of anonymity, said “we’re in a good place” with votes on the measure, although whether or not 60 votes are present is hard to know until Senate Democratic leadership ultimately brings up the bill for a vote.

“I think this is one of those things where I think we are absolutely close, and I think we should move forward when we can, which I hoped would be really soon, ideally, to try to have a vote,” the lobbyist said.

Lawmakers approved the Respect for Marriage Act by a 267-157 vote, with 47 Republicans joining the unanimous Democratic caucus in supporting the legislation. One-fourth of the House Republican caucus voted for the measure, dubbed the Respect for Marriage Act. The measure would need a smaller share of Republicans in the Senate, one-fourth, to obtain the 60 votes necessary to end a filibuster in the chamber.

Sen. Tammy Baldwin (D-Wis.), the first out lesbian senator, was the subject of a recent profile in Politico and was quoted as saying she has spoken to at least 10 Republican senators. One LGBTQ lobbyist said Sen. Dianne Feinstein (D-Wis.), the sponsor of the bill in the Senate, is active in the lobbying process through notes to her staff. Sen. Susan Collins (R-Maine), an original co-sponsor of the measure, and Sen. Rob Portman (R-Ohio), who has a gay son and was an early Republican supporter of same-sex marriage, are taking an active role in lobbying the Republican caucus, insiders said.

In addition to Collins and Portman, a handful of Republicans have declared support for the Respect for Marriage Act, including Sen. Thom Tillis (R-N.C), who once voted for same-sex partner benefits; and Sen. Lisa Murkowski (R-Alaska), who has supported LGBTQ rights measures in the past. A fifth and unlikely Republican, Sen. Ron Johnson (R-Wis.), has said he sees “no reason to oppose the measure.”

Other Republicans have been non-committal, such as Sen. Mitt Romney (R-Utah), who has a reputation as a moderate, but years ago was once a champion of a proposed constitutional amendment that would have banned same-sex marriage nationwide, or announced they would oppose the measure, such as Sen. Marco Rubio (R-Fla.), who pointedly called the measure a “stupid waste of time” and Sen. Lindsey Graham (R-S.C.). One Republican, Sen. Tommy Tuberville (R-Ala.), surprisingly told reporters he’s OK with same-sex marriage, but hasn’t indicated specifically which way he’ll come down on the bill.

Romney, despite his history of opposition to same-sex marriage, may be in play, one LGBTQ lobbyist said, given his new image as a moderate and getting breathing space from Utah lawmakers in the House who were among the 47 Republicans to vote for the Respect for Marriage Act. Other potential votes identified are Sens. Joni Ernst (R-Iowa), Pat Toomey (R-Pa.), Richard Burr (R-N.C.) and Shelly Moore Capito (R-W.Va.).

Complicating matters is that a number of senators are out sick. Murkowski and Sen. Joe Manchin (D-W.Va.) have been out after contracting COVID, while Sen. Patrick Leahy (D-Vt.), the longest-serving member of the Senate, has been out with a fractured hip he suffered from a fall at his house in McLean, Va. One Republican insider said there is an effort to schedule a vote in the Senate, but that was scrapped with the number of senators absent, although another LGBTQ insider pushed back on that and said a vote may still happen this week.

Senate Majority Leader Charles Schumer (D-N.Y.), following the bipartisan vote for the Respect for Marriage Act in the House, expressed interest on the Senate floor in bringing the measure up for a vote, although he hasn’t specified any time as lawmakers are preparing to exit for the August recess. A Schumer spokesperson said he didn’t have a timing update and referred the Blade to the senator’s public remarks on the measure.

Time, however, is running out. Not only is the calendar limited before Congress adjourns for August recess, but one LGBTQ lobbyist said time is not on the side of Respect for Marriage Act as social conservatives are beginning to mount aggressive campaigns against the measure.

Schumer, asked about the Respect for Marriage Act during a weekly reporter stakeout Tuesday, said “yes” in response to a question on whether the bill remains a priority before Congress adjourns for August recess.

“OK, the bottom line is that we care very much about the Equality Act, the Marriage Equality Act,” Schumer added. “We are trying, working real hard to get 10 Republican senators. Between that and the illnesses, we’re not there yet.”

Dangerous amendments also remain a possibility. Unlike the House, which proceeded with the Respect for Marriage Act under a closed rule, the same option isn’t available in the Senate, where proposed amendments are determined by agreement among caucus leaders. One LGBTQ lobbyist, however, downplayed the threat of amendments, saying there may be some that would be acceptable if they would win the vote of additional supporters while objectionable changes could be voted down with bipartisan support.

The measure is advancing through Congress amid fears same-sex marriage is under threat after the U.S. Supreme Court overturned Roe v. Wade, when U.S. Associate Justice Clarence Thomas writing in a concurrence he’d like to revisit the the Obergefell decision along with the Lawrence v. Texas and Griswold v. Connecticut cases. No other justices signed Thomas’s concurrence, nor is any state legislature or court case advancing a challenge to marriage rights for same-sex couples.

The Respect for Marriage Act wouldnā€™t keep same-sex marriage the law of the land if the Supreme Court were to strike down Obergefell per se, but rather repeal from the books the Defense of Marriage Act, which the Supreme Court struck down in 2013, and require states to recognize same-sex marriages performed elsewhere. There would be constitutional issues if Congress required states to accommodate same-sex couples in their marriage laws, which have been under the jurisdiction of the states.

The marriage bill, which would codify existing law and make no additional changes, has momentum and is poised for a vote in the Senate, while the Equality Act, a measure that would expand long-sought after non-discrimination protections in federal law, remains pending in the chamber and is all but dead. No Republican support currently exists for the Equality Act, unlike the Respect for Marriage Act.

One LGBTQ lobbyist said anytime a LGBTQ rights measure like the Respect for Marriage Act gets a win, it can only have a positive impact on other measures, but was ultimately circumspect about expressing optimism for any prospects for a non-discrimination bill.

“As far as the clock on this Congress, we don’t have a lot of time left,” the lobbyist said. “While I think we were getting closer to 60 on something on non-discrimination protections, maybe not the full Equality Act, it’s hard to see the time working in our favor for this Congress, but I do think this vote in broad strokes helps us.”

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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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