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Burr, Portman targeted ahead of ENDA vote

GOP senators pressed to support LGBT anti-bias legislation

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Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade
Richard Burr, Rob Portman, Republican Party, United States Senate, Ohio, North Carolina, gay news, Washington Blade

LGBT activists are pushing Sen. Richard Burr (R-N.C.) (left) and Sen. Rob Portman (R-Ohio) to support ENDA (Photos public domain).

UPDATE: Following the initial posting of this article, Burr said in a statement to the Washington Blade that he plans to oppose ENDA.

If a Republican U.S. senator can support marriage equality or vote for “Don’t Ask, Don’t Tell” repeal, why can’t he also back the Employment Non-Discrimination Act?

That’s the question LGBT activists are asking of Sens. Richard Burr (R-N.C.) and Rob Portman (R-Ohio) on the eve of a historic Senate committee vote on ENDA, legislation that would prohibit bias against LGBT workers nationwide.

In one camp, the LGBT group Freedom to Work has enlisted Dan Gurley, who’s gay and a former executive director of the North Carolina Republican Party, to push Burr to vote for ENDA. In another camp, the grassroots organization GetEQUAL is showcasing Ohio mothers to win over Portman.

Gurley, who oversaw anti-gay campaigns at the Republican National Committee before being outed by gay activist Mike Rogers and joining LGBT activism, told the Washington Blade as a former businessperson, Burr should have an interest in voting for ENDA because it would enhance North Carolina’s business climate.

“There’s a lot of transition still taking place in our economy here, but the growth areas, many of them are the creative fields of employment and white-collar growth,” Gurley said. “We strongly feel, and believes that there’s evidence to prove that having non-discrimination laws in place would serve as an important recruitment tool for business, and that’s why it’s an important thing to do for North Carolina and the country.”

Gurley said he hasn’t had any personal conversations with Burr on ENDA, but believes the North Carolina senator would be amenable to the bill because he’s heard from others familiar with his thinking that his support would be a logical step for him.

Burr voted in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but also voted against cloture for the bill before the final vote took place. Burr has said he believes marriage is between one man, one woman, but at the same time believes it should be left for the states to decide.

Tico Almeida, president of Freedom to Work, said Burr should take heed from North Carolina companies that have set up LGBT non-discrimination employment policies.

“It’s long past time for our politicians to follow the good example set by companies with a strong North Carolina presence ranging from American Eagle Outfitters to BP gasoline to Coca-Cola, all of which have endorsed the proposed Employment Non-Discrimination Act,” Almeida said.

In Ohio, GetEQUAL is showcasing two mothers with different stories. Both are set to speak at a news conference Wednesday at the John W. Bricker Federal Building in Columbus, Ohio.

One, Lyn Herron, is the mother of a straight son who was a salesperson at a national retail establishment for four years, but was denied several promotions allegedly because the district manager thought he was gay. The other, Gail Burkholder, is the mother of one gay son and one straight son, said she doesn’t know why the federal government treats them differently.

“Both of my boys are over six feet tall, are studying the sciences in college and graduate school, and have found the person with whom they want to have kids and grow old together,” Burkholder said in a statement. “Please tell me which one can and should be legally fired because of who he is, rather than what he can do for his employer!”

Heather Cronk, managing director for GetEQUAL, said her organization is helping bring these stories to Portman’s attention because he already publicly came out for marriage equality after learning his son is gay.

“We’re calling on Senator Portman to ‘evolve’ on workplace discrimination in the same way that he ‘evolved’ on marriage equality — by seeing this issue as one of fundamental fairness and equal opportunity,” Cronk said.

The Human Rights Campaign is also taking action in favor of ENDA on the eve of the Senate markup. The organization announced on Tuesday that the hotel chain Hilton Worldwide will become the 100th major corporation to join HRC’s “Business Coalition for Workplace Fairness,” a coalition of U.S. employers that support ENDA.

Although Portman isn’t a member of the Senate Health, Education, Labor & Pensions Committee, Burr is. The North Carolina senator’s views on ENDA will become known on Wednesday during the final vote to report the legislation to the floor.

In a statement to the Blade provided by his office, Burr said he plans to oppose ENDA despite his earlier vote in favor of “Don’t Ask, Don’t Tell” repeal — even though he opposes discrimination.

“Like most Americans, I strongly oppose and condemn unjust discrimination,” Burr said. “It is my hope that our society can be tolerant of different people and ideas. That said, whenever we consider new legislation we must always consider the interplay of new laws with existing rights. I am concerned that the ENDA bill would go beyond our existing laws protecting individuals’ employment rights and would impose new burdens and legal uncertainties regarding the exercise of religious liberties. Therefore, I plan to oppose the bill.”

Last month, Jeffrey Sadosky, a Portman spokesperson, told the Blade that Portman is reviewing ENDA and opposes discrimination, but has concerns about the bill.

“Sen. 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.”

Attention is also focused on Sen. Lisa Murkowski (R-Alaska,) a Republican member of the committee that will vote Wednesday on ENDA. She’s hasn’t yet articulated a position on the legislation, but is one of three sitting Republicans support marriage equality and voted for hate crimes protections and “Don’t Ask, Don’t Tell” repeal.

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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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