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Berry, four other gay nominees confirmed to high-ranking posts

In first, Senate approves openly gay U.S. ambassador to G-20 nation

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John Berry, Office of Management and Budget, Obama Administration, Australia, gay news, Washington Blade
John Berry, Office of Management and Budget, Obama Administration, Australia, gay news, Washington Blade

John Berry was confirmed by the Senate as U.S. ambassador to Australia along with other gay nominees. (Photo public domain).

The U.S. Senate confirmed for the first time an openly gay man as ambassador to a G-20 country with no opposition on Thursday evening along with four other out nominees.

John Berry, former head of the U.S. Office of Personnel Management and the highest-ranking openly gay Obama administration official, was approved for the position of U.S. ambassador to Australia by unanimous consent en banc along with dozens of nominees, including other gay appointees.

During his confirmation hearing last month, Berry said he was inspired by the talent he saw in the federal workforce and would take that experience with him to his new post.

“Along the way, I was reminded again and again of the tremendous diversity of our great country, building lasting relationships with fellow Americans from all backgrounds as we worked together to address shared challenges,” Berry said. “If confirmed, I will carry with me these many voices of America, along with a profound commitment to strengthening the shared values that lie at the heart of our strategic relationship with Australia.”

Other openly gay men confirmed to ambassadorial posts were Daniel Baer, who was confirmed as U.S. ambassador to the Organization for Security & Cooperation in Europe; Rufus Gifford, who was confirmed as U.S. ambassador to Denmark; and James Costos; who was confirmed as U.S. ambassador to Spain.

Michael Guest, who’s gay and a former U.S. ambassador to Romania, told the Washington Blade each of the ambassadorial appointees are well-qualified to serve in their new posts.

“All four of these men have the strong intellect, presence and skills needed to lead our interagency teams abroad,” Guest said. “It’s heartening that the Senate recognized that these qualities, not their sexual orientation, are what matter in service to our country. They’ll be terrific American representatives, and I wish them well in their new duties.”

Another openly gay nominee was also confirmed for a non-ambassadorial post. Stuart Delery, was confirmed as assistant attorney general for the Civil Division at the Justice Department after having served in an acting capacity in that role.

Delery had represented the Obama administration at the district and appellate court level during oral arguments and contended Section 3 of the Defense of Marriage Act should be struck down.

U.S. Attorney Eric Holder had kind words for Delery in a statement following the news the Senate had confirmed him for a high-level position within the Justice Department.

“I am pleased to congratulate Stuart Delery on his confirmation as Assistant Attorney General for the Civil Division, an office he has held in an acting capacity for more than a year,” Holder said. “During that time, and throughout his service at the department – including his tenure as chief of staff to the deputy attorney general and senior counselor in my office – Stuart has exemplified the highest standards of integrity and professionalism.”

Chad Griffin, president of the Human Rights Campaign, praised the Senate in a statement for confirming each of the five nominees and also said they’re well-qualified to serve.

“Today the U.S. Senate confirmed five highly qualified nominees to important posts who happen to be gay,” Griffin said. “It is a testament to President Obama and the U.S. Senate that the sexual orientation of these nominees was irrelevant to their qualifications for their posts, as it should be.  All Americans should be proud to have these fine public servants representing the interests of the United States.”

Each of the nominees has a history of commitment to public service and the Obama administration. Baer previously worked in the State Department as assistant secretary for the Bureau of Democracy, Human Rights & Labor and worked to advance LGBT rights overseas as part of his portfolio.

His new post at OSCE, which is based in Vienna, comprises 57 European, Asian and North American countries that cooperate on security, terrorism, economic and human rights issues.

Daniel Baer, United States Department of State, Bureau of Democracy, Human Rights and Labor, gay news, Washington Blade

Daniel Baer (Washington Blade photo by Michael Key)

During his confirmation hearing, Baer emphasized the link between advancing human rights overseas and protecting security.

“Today, no serious observer can doubt the link between human rights and security,” Baer said. “We know that respect for human rights cannot be relegated to the ‘nice to have, but not essential’ category, because there is no genuine security in the absence of respect for human rights and adherence to the rule of law.”

Gifford and Costos gave strong support to President Obama in his election efforts and the Democratic Party in years past. Gifford raised money for Obama’s campaign in California in 2008, then served as finance director of the Democratic National Committee before becoming finance director for Obama’s 2012 re-election campaign.

Costos, vice president of global licensing and retail for HBO, contributed more than $60,000 to the Democratic National Committee in the previous election and nearly $5,000 to Obama’s presidential campaign.

One pending gay nominee yet to be confirmed by the Senate is Todd Hughes, who was appointed for a seat on the U.S. Court of Appeals for the Federal Circuit. The Senate Judiciary Committee reported out his nomination last week. Upon confirmation, he’ll become the first openly gay person to serve on a federal appeals court.

Shin Inouye, a White House spokesperson, commended the Senate for the approving these openly gay nominees.

“We appreciate the Senate’s confirmation of many of the Presidents nominees on Thursday,” Inouye said. “These individuals will serve the American people well in their new roles.”

Another openly gay ambassadorial not yet confirmed by the Senate is James “Wally” Brewster, who was nominated as U.S. ambassador to the Dominican Republican. The Senate Foreign Relations Committee has yet to hold a confirmation hearing for him.

Religious groups are opposing his confirming in that country. In July, a high-ranking Catholic cardinal used an anti-gay slur to describe him and religious leaders organized a “Black Monday” protest to oppose him. It’s unclear if this opposition is playing a role in the Senate’s delay in confirming Brewster.

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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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