Congress
EXCLUSIVE: Sen. Blumenthal defends Kids Online Safety Act
Blackburn comment on ‘trans influence’ raises alarms
Responding to criticism from some in the LGBTQ community about the Kids Online Safety Act, U.S. Sen. Richard Blumenthal (D-Conn.) defended the legislation and reiterated his strong support for queer youth.
“I would never put my name on any bill that targets or disparages or harms the trans or LGBTQ community,” Blumenthal told the Washington Blade on Friday.
“There have been a lot of eyes” on the Kids Online Safety Act, he said. “A lot of very smart and careful people have reviewed its language, and they and I have worked to make it as rigorous and tight as possible.”
The proposed legislation, introduced by Blumenthal and Republican U.S. Sen. Marsha Blackburn (Tenn.), would address harms experienced by children and their families at the hands of dominant social media and tech platform companies. It enjoys broad bipartisan support in the Senate.
Critics took issue with previous iterations of the bill, however, raising alarms that conservative state attorneys general tasked with enforcing its provisions might treat positive or tonally neutral LGBTQ content as harmful to children under the statute.
A coalition of organizations issued a letter last year warning Congress that “online services would face substantial pressure to over-moderate,” at a time in which “books with LGBTQ+ themes are being banned” and “people providing healthcare to trans children are being falsely accused of ‘grooming.'”
Blumenthal told the Blade changes to the 2023 version in areas including the duty of care, which were made in consultation with a bevy of LGBTQ groups and individual advocates, have changed these organizations’ positions on the legislation.
“We have tightened the statute – tightened and clarified the statute – as much as we can to try to make it as rigorous as possible to avoid both the misuse and potential chilling effect,” the senator said.
He also highlighted some reasons for the urgent need for passage.
“The real devastating harms done to children by the bullying,” along with toxic content promoting eating disorders and suicide, “largely as a result of black-box algorithms, is the kind of evil that I have fought throughout my career,” he said.
The senator has fought for accountability from these companies for decades, combatting child predation on Myspace and Facebook as attorney general of Connecticut in the early aughts and, in Congress, championing antitrust reforms targeting Big Tech that have come to the fore in recent years.
He has also been a staunch pro-equality ally for the LGBTQ community, earning a perfect 100 on the Congressional Scorecard from the Human Rights Campaign, America’s largest LGBTQ advocacy group.
“I care deeply about that community as is evidenced by a lifetime of work in this area, as attorney general and now as the U.S. senator,” he said.
“The Kids Online Safety Act is designed to give children and their parents tools to protect themselves,” Blumenthal said, “and also to impose accountability on those companies that are profiteering; achieve more transparency about those algorithms; and give parents reporting mechanisms and other means, in effect, to take back control and [also for] children to take back control.”
The proposed bill would require covered platforms to “take reasonable measures” to “prevent and mitigate” harms to youth such as “anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors,” along with “patterns of use that indicate or encourage addiction-like behaviors” and “physical violence, online bullying, and harassment of the minor.”
LGBTQ youth are affected by these challenges and harms, too, and in many cases, disproportionately.
“Take bullying, for example,” Blumenthal told the Blade. No longer relegated to the school yard, this behavior follows victims home, he said, adding, “the addictive quality of social media is so powerful that it can be all consuming.”
During an interview Thursday on the Rated LGBT Radio program, attorney Laura Marquez-Garrett noted how LGBTQ youth will turn to social media platforms searching for affirmation about their sexual orientation or gender identity only to find “this really harmful experience that is causing, in many cases, depression, anxiety, suicidal thoughts.”
Marquez-Garrett, a litigator who left her law practice in 2020 to join the Social Media Law Center, explained the Kids Online Safety Act includes a carve-out, “added in the last couple months, which says that a covered platform has no duty to prevent or preclude any minor under 17 from deliberately and independently searching for or specifically requesting content.”
Still, concerns persisted after Blackburn noted, in March, efforts toward “protecting minor children from the transgender [sic] in this culture and that influence” before talking about the Kids Online Safety Act.
Her legislative director later clarified that, “KOSA will not — nor was it designed to — target or censor any individual or community.”
Addressing these matters, Blumenthal told the Blade, “whatever anyone including Senator Blackburn may say about their personal beliefs, I know what the bill does and that’s what’s important here.”
“My goal,” he said, is to remedy the problems caused by social media and online platforms, problems that in too many cases are fatal for young people, while avoiding “any of the unintended consequences” because “it’s not enough to have good motives.”
Blumenthal said that while “my colleagues on the Republican side and I may differ in certain beliefs about a wide variety of issues” and “Senator Blackburn and I vote together a small minority of times, where we’re united, we try to work together.”
“And we’re united on preventing the harms that are so egregiously crippling and killing,” he added.
So, Blumenthal said, “looking at it substantively, putting aside who’s for it and who’s against it, I think on the merits, it holds up. The merits and the substance and the actual words of the proposed statute really refute those arguments that the tech companies have sought to make.”
Asked whether he believes the dominant tech platforms and social media companies might be behind efforts to sow doubt and distrust with respect to the Kids Online Safety Act among LGBTQ and other communities, the senator noted, “they have no compunction about distorting or misrepresenting the facts and trying to twist and deceive about specific provisions of legislation.”
“They resort to any and every means,” he said, “And they will try to exploit communities that may be susceptible to their misrepresentation.”
Additionally, Blumenthal said, the “tech and social media companies have – I don’t know how to put it politely – but they’ve essentially tried to ignore the important changes that we have made” including “the narrowing of the duty of care provisions” and “the broadening of support services.”
Congress
Baldwin attacked over LGBTQ rights support as race narrows
Wis. Democrat facing off against Republican Eric Hovde
As her race against Republican challenger Eric Hovde tightens, with Cook Political Report projecting a toss-up in November, U.S. Sen. Tammy Baldwin (D-Wis.) is fielding attacks over her support for LGBTQ rights.
Two recent ads run by the Senate Leadership Fund, a superPAC that works to elect Republicans to the chamber, take aim at her support for gender affirming care and an LGBTQ center in Wisconsin. Baldwin was the first openly LGBTQ candidate elected to the Senate.
The first ad concerns her statement of support for Wisconsin Gov. Tony Evers’s veto of a Republican-led bill to ban medically necessary healthcare interventions for transgender youth in the state.
Treatments require parental consent for patients younger than 18, and genital surgeries are not performed on minors in Wisconsin.
The second ad concerns funding that Baldwin had earmarked for Briarpatch Youth Services, an organization that provides crucial services for at-risk and homeless young people, with some programming for LGBTQ youth.
Baldwin’s victory is seen as key for Democrats to retain control of the Senate, a tall order that would require them to defend a handful of vulnerable incumbents. U.S. Sen. Joe Manchin of West Virginia, an Independent who usually votes with the Democrats, is retiring after this term and his replacement is expected to be the state’s Republican Gov. Jim Justice.
Congress
EXCLUSIVE: Gottheimer, Craig introduce bill to address LGBTQ elder abuse
Legislation will be introduced this week
U.S. Reps. Josh Gottheimer (D-N.J.) and Angie Craig (D-Minn.) will introduce a bill this week addressing the “rising elder abuse of LGBTQI+ individuals,” according legislation the Washington Blade previewed.
The Elder Pride Protection Act of 2024 would establish a task force through the Justice Department, with staff selected by the attorney general from the Elder Justice Initiative and the Division of Civil Rights.
They would be tasked with studying “the increased incidence of elder abuse” targeting LGBTQ individuals, developing best practices for a national approach and for state and local authorities to address these crimes, creating and distributing educational materials to raise awareness, and coordinating “the response of local, state, and federal law enforcement agencies.”
The legislation establishes that the task force would be responsible for issuance of a progress report on its work to the U.S. House and U.S. Senate Judiciary Committees.
Importantly, elder abuse as defined under the bill ranges from the use of physical force to cause harm to forced or unwanted sexual interaction, emotional or psychological abuse, the failure to meet basic needs, and financial crimes.
“I’m incredibly excited to introduce my new legislation, the Elder Pride Protection Act, that I’m leading with Congresswoman Angie Craig of Minnesota,” Gottheimer said. “No one should ever be mistreated on the basis of their sexual orientation or gender identity, especially our vulnerable elderly populations.”
The congressman added, “This legislation is a critical step in coordinating our response to this runaway abuse at the federal level.”
“LGBTQ+ seniors paved the way for so many of the rights we have today, and they’re a vital part of our communities in Minnesota,” said Craig, who is the first lesbian mother elected to Congress and serves as a co-chair of the Congressional Equality Caucus.
“I’m working to pass the Elder Pride Protection Act to help empower LGBTQ+ seniors and combat any abuse they might face,” she said.
Garden State Equality, New Jersey’s largest LGBTQ rights group noted that “for too long, elder abuse of our older LGBTQ adults has gone un- or under- reported,” adding that, “The establishment of this task force will help bridge the gap experienced by our LGBTQ elders.”
“The work of this task force, particularly the creation of uniform procedures and communication between state and federal agencies, will be formative in combating the abuse and neglect of LGBTQ elders and is critical in creating true lived equality for all Americans,” Garden State Equality said.
“SAGE is proud to support the Elder Pride Protection Act of 2024,” said Aaron Tax, managing director of government affairs and policy advocacy for SAGE, a national advocacy and services organization for LGBTQ elders.
“LGBTQ+ elders deserve to age without fear of elder abuse,” Tax said. “We applaud Rep. Gottheimer for championing the establishment of this important task force, which we hope will improve the lives of LGBTQ+ older people.”
David Stacy, vice president for government affairs for the Human Rights Campaign, said, “By establishing the ELDER Task Force, this country has the chance to affirm its commitment to addressing and preventing the abuse that this community faces all too often.”
“Congress should pass this bill and send a message that they are dedicated to ensuring every elder can live free from fear and harm,” Stacy said.
Congress
Garcia and Lee push for insurers to provide doxy PEP for free
Lawmakers note spike in bacterial infections among LGBTQ populations
Democratic U.S. Reps. Robert Garcia and Barbara Lee of California sent a letter on Thursday urging the U.S. Preventive Services Task Force to compel health insurers to provide free access to doxy PEP, a drug regimen for the prevention of sexually transmitted infections.
The USPSTF is an independent panel of experts in primary care and preventative medicine organized under the U.S. Department of Health and Human Services whose primary responsibility is to evaluate the evidence on the safety and efficacy of medical screenings, counseling, and preventative medications.
The lawmakers’ letter explains that in 2019, the USPSTF issued an “A-grade” recommendation for prescribing preexposure prophylaxis (PrEP) — a different preventative regimen targeting HIV infections — to “those at increased risk of HIV acquisition.”
As required under the Affordable Care Act, the rating meant health plans were required to offer the drug with no cost-sharing, which “has been enormously beneficial to hundreds of thousands of Americans —particularly members of the LGBTQIA+ community.”
The letter points to disproportionately high rates of bacterial STIs (“chlamydia, gonorrhea, and especially syphilis”) among LGBTQ populations as well as recommendations published last month by the Centers for Disease Control and Prevention instructing providers to counsel certain patients about PEP, with the agency writing that the drug intervention requires “a focused effort for equitable implementation.”
For these reasons, Garcia and Lee said, “we respectfully ask for your full and fair consideration of a USPSTF recommendation for doxy PEP to the populations outlined in the guidelines with an ‘A’ rating,” with those populations being “gay and bisexual men, other men who have sex with men, and transgender women, and who have a history of bacterial STIs in the past 12 months.”
“Surging STIs are disproportionately impacting LGBTQ+ individuals,” Garcia, a gay co-chair of the Congressional Equality Caucus, said in a press release from his congressional office. “We must ensure that these folks have access to doxy PEP, a critical medication that can save lives and prevent these kinds of infections.”
He added, “By making doxy PEP coverage free by insurers, we can prevent infections and stop the spread of disease for those most vulnerable.”
Lee, a vice chair of the caucus, has a decades-long record of pro-LGBTQ advocacy, particularly in the healthcare space and on issues of HIV/AIDS in the U.S. and around the world.
“Widespread use and education about doxy PEP could prevent thousands of bacterial STI cases every year,” she said in the press release. “However, in order to get this treatment to those who need it most, it’s imperative that doxy PEP is covered by insurance plans with no cost to patients.”
“By ensuring doxy PEP is available with grade A rating by the USPSTF, we’re taking a critical step toward promoting health equity and advancing our mission of using informed, evidence-based interventions to support those most in need,” said David Stacy, vice president of government Affairs for the Human Rights Campaign.
David C. Harvey, executive director of the National Coalition of STD Directors, said “providing healthcare providers with the guidance and encouragement they need to implement doxy PEP in accordance with the new CDC guidelines will be crucial in helping us use doxy PEP to address our out-of-control STI epidemic.”
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