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Roundup from ENDA ‘Situation Room’ in NYC

Almeida announces expanded resume testing, Log Cabin identifies GOP lawmakers

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Kim Taylor, Gregory Angelo, gay news, Washington Blade
Dave Montez, Kim Taylor, Gregory Angelo, Melissa Sklarz, Brad Sears, Tico Almeida, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade

Speakers talk at Freedom to Work’s “Situation Room” (Washington Blade photo by Chris Johnson).

NEW YORK — LGBT advocates across the political spectrum spoke at the LGBT group Freedom to Work’s first-ever “Situation Room” in New York City on Thursday, offering a variety of perspectives on the way forward to pass the Employment Non-Discrimination Act.

Below are notable snippets from the speakers from both of the two panels.

Tico Almeida

Tico Almeida, president of Freedom to Work, announced his organization has expanded its work in submitting fictional matched-paired resumes to different companies to find anti-LGBT bias in hiring practices.

That consists of sending one resume from a well-qualified LGBT applicant to a company and another from a less qualified non-LGBT candidate to see who gets a call back to determine if anti-gay bias exists.

The group has already alleged anti-gay bias as a result of testing at the oil-and-gas giant Exxon Mobil, but Almeida said Freedom to Work is submitting resumes to 12 companies in 12 states.

“We are testing in Pennsylvania, we are testing in Ohio, we are testing in Michigan and Missouri, West Virginia, North Carolina, Utah,” Almeida said. “We are testing in all of the next battleground states where we expect to have a strong push, maybe not in the next six months, but in the next year, have a strong push and a real chance at passing a state-level ENDA law.”

This testing in additional states, Almeida said, could be used as a proof that anti-LGBT discrimination is happening as LGBT advocates make the case that a non-discrimination law is needed in states that currently lack them.

Evan Wolfson

Evan Wolfson, president of Freedom to Marry, in addition to expressing concerns about the religious exemption in ENDA, was critical about the lack of personal stories from LGBT people affected by workplace discrimination.

“I don’t think there’s been the same comparable, assiduous sustained focus on generating those stories, figuring out how best to tell them,” Wolfson said. “You need a campaign to give people the tools, the language, the encouragement, the impetus, the urgency of telling those stories.”

Almeida responded by saying finding personal stories can be difficult because individuals who sue after facing workplace discrimination often sign confidentiality agreements in exchange for making settlements with their employers.

But Wolfson said there are ways around confidentiality, including finding stories other individuals other than LGBT people directly affected by discrimination and the testing work that Almeida previously mentioned.

“There’s a set of stories where you might have that problem, but there are a lot of stories out there,” Wolfson said. “There are a lot of people, including business leaders and others who can talk about the values of non-discrimination. It’s a mix of things that we need to be putting forward.”

Melissa Sklarz

Melissa Sklarz, a trans activist and president of the Stonewall Democrats of NYC, devoted much of her remarks to distinguishing between the Democratic and Republican party on LGBT rights.

One noteworthy quip cast the Republican Party in a particularly ghoulish light amid competing views from the Tea Party and other more LGBT friendly factions of the party like Log Cabin Republicans.

“I take a look at it sort of like Frankenstein’s monster,” Sklarz said. “All their little things, they have a piece. They’re going to put the arms and the legs and all that. But now they’re in the operating room, and they’re fighting. Who puts in the brain? And it’s a mess.”

Gregory Angelo

Gregory Angelo, executive director of the National Log Cabin Republicans, responded to Sklarz by saying he didn’t come to “litigate the differences” between the Democrats and Republicans.

Angelo identified in his remarks additional Senate Republicans who could be in play to vote in favor of the Employment Non-Discrimination Act on the Senate floor: Sens. Rob Portman (R-Ohio), Kelly Ayotte (R-N.H.), Dean Heller (R-Nev.), Jeff Flake (R-Ariz.) and Pat Toomey (R-Pa.). Each of the senators voted for reauthorization of the Violence Against Women Act earlier this year.

“This is a bill that included protections specifically for LGBT individuals,” Angelo said. “The fact that gay and lesbian protections existed in that bill does not make, in our perspective, LGBT protections a poison pill for those senators.”

Kim Taylor

Kim Taylor, a New Jersey lesbian activist and first black woman named to the Log Cabin Board of Directors, touted a New Jersey law signed by Democratic Gov. James Florio (D) in 1992 protecting workers against discrimination based on their sexual orientation.

“Maintaing one’s viability as a self-sustaining worker is important,” Taylor said. “One needs to know that he or she will be free from bias, discrimination, harassment and bullying in the workplace based on who they are or whom they love … There is never a good reason to be discriminated against, and we must come to that understanding.”

Babs Siperstein, a Democratic trans activist and member of the audience, later noted that the 1992 New Jersey law protected only against sexual orientation discrimination. Gender identity wasn’t added until 2007.

Brad Sears

Brad Sears, executive director of the Williams Institute at the University of California, Log Angeles, talked about the research that his institution produced on LGBT employment.

Sears brought up a report examining the wages that LGBT people earn compared to their straight counterparts and said similar gaps exist between gay men and straight male workers as are known to exist between women and men.

“What this research consistently shows is that there is a wage gap ranging from about 10 to 30 percent in the wages of gay men and their…counterparts,” Sears said.

Sears continued that other groups within the LGBT community are more disadvantaged in terms of wages, including LGBT people of color, transgender workers, women, couples with children and non-citizens.

The Williams Institute’s wage gap report — which found that lesbians make as about as much as straight women, but less than straight or gay men — can be downloaded here.

Dave Montez

Dave Montez, acting president of GLAAD, touted the organization’s Spanish-language media capabilities and said his organization would employ those resources in Arizona, Florida and Nevada — states that have undecided senators on ENDA and large Latino populations.

“GLAAD is the only organization within the movement that has a dedicated Spanish-language media team,” Montez said. “We will deploy that team to help educate people in those states about why the Employment Non-Discrimination Act is important.”

According to Montez, Latinos represent 15 percent of registered voters in Nevada, 14 percent in Florida and the Latino population is just under two million and represents 30 percent of the state’s population in Arizona.

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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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