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5 Senate Democrats not sponsoring ENDA

Supporters looking for 60 votes as vote expected this summer

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5 Democratic U.S. senators don't co-sponsor ENDA (Blade photo compilation by Michael Key)

5 Democratic U.S. senators don’t co-sponsor ENDA (Photos public domain)

Amid renewed attention to the Employment Non-Discrimination Act, a total of five Democratic senators have so far declined to co-sponsor the legislation.

During a Pride reception at the White House last week, President Obama gave ENDA a boost when he said “we need to get” the legislation passed. Senate Majority Leader Harry Reid (D-Nev.) broke with tradition when he signed as a co-sponsor of the bill immediately afterward.

Just last week, Sen. Heidi Heitkamp (D-N.D.), a conservative Democrat who voted against expanded background checks for gun sales, signed on as a co-sponsor. The office of Sen. Tom Carper (D-Del.) confirmed to the Washington Blade on Monday he’ll also sign on in support of the bill.

But five Democrats in the Senate still aren’t co-sponsors of the legislation: Sens. Bill Nelson (D-Fla.), Mark Pryor (D-Ark.), Joe Manchin (D-W.Va.), Jay Rockefeller (D-W.Va.) and Tim Johnson (D-S.D.).

A spokesperson for Sen. Nelson said he is traveling today and unavailable for immediate comment. The other four offices didn’t immediately respond to requests for comment.

Tico Almeida, president of Freedom to Work, said there’s “simply no valid excuse” for any Democratic senator to withhold their support for ENDA as a full Senate vote on the legislation approaches.

“If any of these senators vote ‘no’ on ENDA, they will betray our American values of fairness and equal opportunity and they will turn their backs on hardworking gay and transgender citizens who simply want a fair shot to hold a job in a really tough economy,” Almeida said.

Four of these Democrats — Nelson, Rockefeller, Johnson, Pryor — voted for “Don’t Ask, Don’t Tell” repeal in 2010. Manchin didn’t vote on the bill, but later said withholding the vote was “wrong.”

Their support could be needed quickly if, as promised by Reid in his Pride statement, the floor vote on ENDA comes up “soon.” Senate Health, Education, Labor & Pensions Committee Chair Tom Harkin (D-Iowa) is expected to report the legislation out of committee this summer.

Almeida called for action from the Democratic National Committee and the Democratic Senatorial Campaign Committee to persuade these five senators to declare their support for ENDA and make clear a vote in favor of the bill is “a bedrock principle for all Democrats in good standing.”

“It would also be great if President Obama, Vice President Joe Biden, and the White House legislative team got in the game by aggressively lobbying these hold-out Democrats in the weeks and months to come,” Almeida said. “In fact, President Obama could set a good example for the hold-out Democrats by signing his long overdue executive order, which is not ‘hypothetical’ no matter what some staffers want to pretend.”

Notably, Sen. Mary Landrieu (D-La.) is an ENDA co-sponsor even though she’s one of three U.S. Senate Democrats who have not come out in support of marriage equality. The other two are Manchin and Pryor.

Assuming all 54 senators in the Democratic caucus vote for ENDA, a total of six additional Republicans would be needed for 60 votes to end the likely filibuster of the legislation on the Senate floor. Two Republicans are already co-sponsors: Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.).

The additional Republicans who are seen as the most likely supporters are Sens. Rob Portman (R-Ohio), Lisa Murkowski (R-Alaska), Jeffery Chiesa (R-N.J.), Jeff Flake (R-Ariz.), Richard Burr (R-N.C.) and Dean Heller (R-Nev.).

Portman came out for marriage equality earlier this year after learning his son is gay. During an interview at a Buzzfeed Brews Event in May, Portman said he “totally support[s] the concept” of ENDA, but has concerns about “litigation that could result” and “religious freedom.”

Jeffrey Sadosky, a Portman spokesperson, expressed a similar sentiment on the Ohio Republican’s views on ENDA in an email to the Blade on Monday.

“Senator Portman is strongly opposed to discrimination and is looking at proposals to address it,” Sadosky said. “He is concerned about excessive reliance on litigation as a tool for social change, and will continue to review the most recent version of ENDA.”

Murkowski and Burr were two Republicans who voted for “Don’t Ask, Don’t Tell” repeal in 2010. But while Murkowski voted for cloture and to pass the measure, Burr only voted for final passage and withheld his vote for cloture.

Chiesa comes from a traditionally “blue” state that already has a statewide law prohibiting LGBT employment non-discrimination. He hasn’t yet articulated a position on ENDA.

Flake, a relative newcomer to the Senate, is also contender to support ENDA because as U.S. House member, he voted for a version of the legislation that came to the House floor in 2007 (although he also voted for the motion to recommit, which would have killed the bill). Still, Flake recently took an anti-gay position when he said he’d abandon comprehensive immigration reform if a provision for bi-national same-sex couples was included in the bill.

Heller is also a relative newcomer to the Senate, but also in play because he represents a moderate state and twice voted in favor of LGBT-inclusive reauthorization of the Violence Against Women Act.

Gregory Angelo, executive director of Log Cabin Republicans, said his organization has been working to lobby Republicans — moderates and conservatives alike — to support ENDA. He declined to comment on the content of the talks.

“In the realm of lobbying, the Log Cabin Republicans mantra is to leave no stone unturned,” Angelo said. “I’m constantly on the Hill outlining our reasons of support for ENDA, both among Republican members of the Senate and members of the House. This isn’t about going after moderates but about making the case to common-sense conservatives that no one should be fired from their job because they happen to be gay.”

Another issue is the upcoming special election for the U.S. Senate seat in Massachusetts on June 25. The winner of that race will likely vote on ENDA instead of the interim U.S. Sen. William Maurice “Mo” Cowan.

Both candidates have expressed support for the bill. But the Democratic candidate, Rep. Ed Markey (D-Mass.), is a co-sponsor of ENDA in the House. The Republican candidate, Gabriel Gomez, came out in support of ENDA in a statement provided to the Washington Blade by his campaign last week.

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Politics

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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