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Partisan rancor continues over Gigi Sohn’s historic FCC nomination

Committee urged to reject ‘homophobic and unfair attacks’

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U.S. Sen. Ted Cruz (R-Texas) (Washington Blade photo by Christopher Kane)

Gigi Sohn, President Joe Biden’s nominee for commissioner at the Federal Communications Commission, faced a contentious third hearing before the U.S. Senate Commerce, Science and Transportation Committee on Tuesday.

“I only ask to be treated the way other nominees were treated,” she told U.S. Sen. Marsha Blackburn (R-Tenn.), who questioned Sohn’s ability to act in an objective manner if confirmed given her history of working on behalf of public interest groups.

“The role of a policymaker is different from that of an advocate,” Sohn said, noting “[Former] Chairman [Ajit] Pai worked at Verizon, and I’m sure he was a fervent advocate for Verizon” during that time and prior to his tenure as FCC chair.

The contention that Sohn has been treated differently from other nominees has recently given rise to accusations of homophobia. Last week, the LGBTQ Victory Institute issued a letter with more than 375 signatories urging Congress to confirm Sohn’s nomination.

The letter cited right-wing media coverage that has sought to infer a link between Sohn and child sexual abuse and exploitation by virtue of her membership on the board of an organization that came out against child sex trafficking laws that, the group has argued, are ineffective.

However, remarks by Republicans on the committee Tuesday did not directly address these matters. For their part, Democratic members, beginning with Committee Chair U.S. Sen. Maria Cantwell (D-Wash.), took the opportunity to celebrate that Sohn made history as the first openly gay nominee for FCC commissioner.

Those remarks were echoed later by U.S. Sen. Tammy Baldwin (D-Wis.), who was the first openly LGBTQ woman elected to serve in the House as well as in the Senate.

“Millions of people across the country including myself are grateful for you continuing to pave the way for LGBTQ people who want to serve our country,” Baldwin said.

In a comment emailed to the Washington Blade shortly after the hearing on Tuesday, U.S. Sen. Ed Markey (D-Mass.) said, “Ms. Sohn has faced baseless attacks from industry-backed lobbyists and mouthpieces since President Biden nominated her.”

“Congress must reject the homophobic and unfair attacks on Ms. Sohn and confirm her as soon as possible,” Markey said.

During the hearing, Markey noted he has known Sohn for 30 years. “She is one of the single most qualified candidates for any position ever to come before the Commerce committee for confirmation,” he said.

Markey’s comments also spotlighted the important work in which Sohn will be engaged, if and when she is confirmed to serve on the FCC.

“The FCC has important work to do to bridge the digital divide, protect consumers, and ensure that every household in our country has access to a free and open internet upheld by strong net neutrality rules,” the senator told the Blade by email.

The FCC is an independent agency governed by a bipartisan slate of commissioners serving under Democratic Chair Jessica Rosenworcel. Several of the exchanges on Tuesday focused on how American consumers have been negatively impacted by the vacancy that has remained since Sohn was first nominated by Biden in October 2021.

U.S. Sen. Amy Klobuchar (D-Minn.) asked Sohn to explain why it was important to have a fully constituted FCC for the rollout of the bipartisan infrastructure law passed by Congress last year.

“Myriad ways,” Sohn said. “First, I would love to be able to help the FCC ensure they have the most accurate broadband map … Without that, money spent by [the] Commerce Department won’t go to the right places,” she said. “I could be an enormous help in that regard.”

Spokespeople from the Commerce Department did not immediately return a request from the Blade for comment.

Republicans on the Committee, beginning with Ranking Member U.S. Sen. Ted Cruz (R-Texas) focused their comments and questions on allegations that Sohn harbors deeply held prejudice against conservatives.

“There’s a reason we’re on our third nomination hearing,” Cruz said. “She’s shown herself to be a partisan and associated herself repeatedly with the most extreme views on the far-left.”

“She has engaged in extreme vitriol,” Cruz said. “She has deep ties to far-left organizations and has promoted anti-police views.”

Sohn repeatedly batted away these accusations, which were reiterated by other GOP members, by denying that she shares all of the views espoused by public interest groups with which she has associated.

She also denied there was any link between many of the matters discussed by opponents to her nomination and the actual work she would do at the FCC if confirmed. In many cases, Sohn pointed out that the agency does not have any domain over the issues raised by committee members.

Under questioning from Republican members about instances — many of which happened several years ago — in which she retweeted or otherwise seemed to endorse incendiary messages about conservative media figures and politicians, Sohn said “I will admit that some of my tweets have been sharp,” adding, “The country has changed a lot since 2016.”

Cantwell noted that despite her past tweets, Sohn’s nomination has been endorsed by the presidents of news networks OAN and Newsmax, which are billed as more conservative alternatives to Fox News.

Freshman U.S. Sen. J.D. Vance (R-Ohio) accused Sohn, by virtue of her past comments, of being part of a “weird trend to be very racialized, to criticize racial groups,” pointing to her decision to re-tweet acclaimed actor and comedian Issa Rae’s tweet calling former President Donald Trump a “raggedy white supremacist” who “would rather kill everybody than stop killing black people.”

Vance then turned his attention to comments made by Transportation Secretary Pete Buttigieg in the wake of a train derailment earlier this month in East Palestine, Ohio, by rail cars carrying toxic chemicals.

“We had a really bad train crash in Ohio,” Vance said. “We’re doing as much as we can to help constituents. But [Sec.] Buttigieg, instead of commenting on this, focused on [what he called] the ‘terrible scourge of too many white men in the construction industry.’ It was a terrible focus for the Secretary of Transportation.”

Andrés I. Jové Rodríguez contributed to this article.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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