Politics
GOP bill targeting press: ‘plainly inconsistent with 1st Amendment’
The proposal to relax standards required to sue reporters & media organizations for libel “is intended to have a chilling effect on media”
WASHINGTON – A bill by Florida Republicans that would relax the standards required for public officials to sue journalists and media organizations for libel is “plainly inconsistent with the First Amendment” according to the acclaimed attorney and constitutional law expert Floyd Abrams.
“The statute is a frontal attack” on the U.S. Supreme Court’s longstanding interpretation of the principles “governing First Amendment libel law as it currently exists,” Abrams told The Washington Blade by phone on Wednesday.
Abrams has represented parties in litigation before the U.S. Supreme Court more than a dozen times in some of the most important and high-profile First Amendment cases brought over the last 50 years, which has led to landmark rulings including on matters governing press freedoms.
Abrams is senior counsel at Cahill Gordon & Reindel, the multinational law firm where he has worked since 1963. He is widely considered among the country’s preeminent litigators and experts in constitutional law and was described by the late diplomat and U.S. Sen. Daniel Patrick Moynihan (N.Y.) as “the most significant First Amendment lawyer of our age.”
With this Florida statute, Abrams said it appears the state’s Republican Gov. Ron DeSantis and his conservative allies in the legislature are making “an effort to come up with something which will lead the Supreme Court to take another look” at its 1964 ruling in New York Times v. Sullivan, which established that the First Amendment confers certain protections for the press against libel lawsuits by public figures.
The ruling, reaffirmed and developed in subsequent cases over the years, acts as a bulwark preventing powerful public figures including elected officials from weaponizing lawsuits or the threat of litigation to silence or censor reporters and news organizations.
DeSantis and Florida’s GOP legislators are hardly out of step with leaders in the Republican Party including former President Trump, who repeatedly pledged to change the libel laws so he could more easily sue media companies.
When Sarah Palin, former governor of Alaska and 2008 vice presidential candidate, sued The New York Times for libel in 2016, the paper wrote that advocates for weakening the press’s protections against libel lawsuits were “more emboldened now than at any point” since the Sullivan case. They have ideological allies in the right-wing legal establishment, too: in 2021, conservative Supreme Court Justices Clarence Thomas and Neil Gorsuch expressed an interest in revisiting the court’s ruling in Sullivan.
SCOTUS unlikely to revisit its longstanding approach to First Amendment, libel law
Abrams said if the Florida bill is signed into law, given that “virtually any entity, which reports the news would be imperiled by this statute,” he can envision legal challenges from a variety of entities, from groups like the “ACLU to the Reporters’ Committee [for Freedom of the Press] to organizations of journalists to newspapers.” Litigation over the law’s constitutionality could, of course, reach the Supreme Court.
At the same time, Abrams said he doubts there is much appetite among the justices to abrogate or weaken the decades-old ruling in Sullivan – which stipulates that to bring a successful libel case against the press, public officials must first prove the offending material was defamatory and then show it was published with “actual malice,” either with the knowledge that it was false or with “reckless disregard” for whether it was true.
“I would be very surprised if Chief Justice Roberts is in favor of revisiting New York Times against Sullivan because he has been a strong First Amendment defender,” Abrams said, and based on “Justice Kavanaugh’s opinions when he was on the Court of Appeals, I would be surprised if he is prepared to challenge” Sullivan.
Abrams conceded “there may be more reasons to think that one or more conservative jurists” on the Supreme Court could be convinced to join Thomas and Gorsuch’s calls to reconsider libel protections for the press. Working against this effort, however, is the extent to which the Florida statute is inconsistent from the Court’s analysis of the relevant legal questions, Abrams said.
Examples, he said, include:
(1) the proposal’s narrowing of the parameters used to define certain plaintiffs as “public figures” for purposes of First Amendment libel law, a distinction that carries a higher burden of proof than that which is required of private citizens suing members of the press;
(2) its treatment of information attributed to anonymous sources as presumably false, a finding that plaintiffs claiming defamation would otherwise be required to prove; and
(3) its characterization as inherently defamatory any accusations published by the press of discrimination based on race, sex, sexual orientation, or gender identity.
The statute’s presumption that material attributed to anonymous sources is false would undermine the method by which the courts evaluate libel claims brought by public figures, Abrams said: “The Supreme Court has certainly made clear that the legal test requires the party suing to demonstrate the newspaper [or] journalist didn’t believe what he or she was saying.”
Put differently, Abrams said, the analysis turns on the defendant’s state of mind “as a basis for determining if the alleged libel of a public figure is actionable.”
Therefore, Abrams said, to “have a flat presumption that any use of confidential sources will be held against the journalist is inconsistent” with the type of claims that might “lead the Supreme Court to take another look at the law” established with Sullivan.
Censoring criticism of anti-LGBTQ discrimination
Likewise with the legislation’s provision that the press’s accusation of discrimination by a public official would constitute prima facie evidence of defamation, Abrams said “The Supreme Court has said more than once, and often in the voice of conservative jurists, that such speech is protected by the First Amendment.”
Florida’s statute goes even further, however. Per the substantial truth doctrine, a defendant accused of defamation can avoid legal liability by showing that the gist of the material at issue in the complaint was true. Under the proposed bill, a journalist who is sued for publishing accusations of discrimination (now considered inherently defamatory) may not cite as evidence of their truth (or substantial truth) the public official’s membership in any religious or scientific organization – even if that organization has a documented pattern and practice of discrimination, or well-known views that are unambiguously sexist, racist, or anti-LGBTQ.
The bill’s apparent effort to censor media coverage of discrimination by public officials raised red flags with LGBTQ groups like GLAAD, whose President Sarah Kate Ellis said, in a statement shared with The Blade on Wednesday: “Those spewing harmful and inaccurate words do not have the support for their dangerous rhetoric and policies, and they’re rightfully afraid they’ll be held accountable by voters and a free press that accurately reports on efforts to scapegoat and target vulnerable people.”
“This bill is another futile attack on LGBTQ Floridians, a sign of full-blown panic against a rising tide of acceptance for LGBTQ people and for the full equality of women, people of color and queer people of color,” Ellis said.
Jon Harris Maurer, an attorney who serves as public policy director for Equality Florida, the state’s largest LGBTQ advocacy organization, told The Blade by phone on Thursday that based on the alignment of DeSantis and Republicans in the legislature, chances are the bill will be signed into law.
Maurer said Florida’s Republican lawmakers, with supermajorities in both chambers, “have made clear they are prioritizing Gov. DeSantis’s legislative agenda.” At, or at least near, the top of that agenda is the state’s proposal to weaken libel protections for journalists, Maurer said, noting DeSantis’s decision to convene a recent roundtable discussion on the matter where speakers explained their reasons for wanting the Supreme Court to revisit Sullivan.
Other recent high-priority policy items for DeSantis and his allies have focused on using “the LGBTQ community to score political points with a far-right presidential primary base,” Maurer said. Florida’s governor, state lawmakers, or other officials might find the press coverage of these matters unflattering, Maurer said, but that hardly means the coverage is false or even defamatory.
So, the proposal to relax the standards required for public officials to sue reporters and media organizations for libel “is intended to have a chilling effect on media, particularly media that would be critical of Gov. DeSantis and those who share his positions,” Maurer said.
Maurer agreed with Abrams that the bill’s proponents likely have their sights set on the Supreme Court – and that the proposal, as currently written, is totally inconsistent with the Court’s treatment of First Amendment libel law.
If the bill is signed into law and litigation over its constitutionality reaches the Supreme Court, Maurer declined to speculate what the outcome might be. The Court’s conservative justices have scrapped longstanding precedent in other recent cases, he said, noting last year’s ruling in Dobbs v. Jackson Women’s Health Organization that revoked the constitutional right to abortion first established in 1973 with Roe v. Wade.
Removing protections for confidentiality of anonymous sources
Particularly in circumstances that raise national security concerns, the U.S. government has sometimes sought to prevent news organizations from publishing sensitive information in their possession or issued subpoenas demanding that journalists reveal the identities of the confidential sources who leaked it to them.
In 1971, Abrams successfully represented The New York Times before the Supreme Court in a landmark First Amendment case challenging the Nixon administration’s claims of executive authority to suppress the paper’s publication of confidential documents. The Court’s ruling allowed the Times and other organizations to publish the material, known as the Pentagon Papers, which revealed the Johnson administration had “systematically lied, not only to the public but also to Congress” about America’s political and military involvement in Vietnam.
The government employee responsible for providing the documents to the Times was charged with espionage, though the charges were later dismissed.
The Supreme Court ruled in the 1972 case Branzburg v. Hayes that the First Amendment does not protect reporters from being called to testify before grand juries, but the government must “convincingly show a substantial relation between the information sought and a subject of overriding and compelling state interest.”
The decision was cited by Judge Thomas Hogan of the U.S. District Court for the District of Columbia in his 2004 memorandum opinion rejecting a motion to rescind grand jury subpoenas issued to two reporters, one represented by Abrams, in connection with criminal investigations of leaks that had revealed the identity of covert CIA operative Valerie Plame Wilson (in what became known as the “Plame affair”).
Abrams’ client, who had not published a story about Plame but learned she was working as a covert CIA operative through a confidential government source, served several months in jail for her refusal to reveal his identity as demanded by the subpoena.
Some courts have upheld the concept that journalists have a constitutional right to conceal the identities of their sources, and some states and jurisdictions have codified these rulings with so-called “shield laws,” which vary in the extent of their protections afforded to members of the press.
Florida’s proposed statute, in addition to presuming that published information attributed to anonymous sources is false, would revoke the state’s shield laws that protect journalists’ right to keep their identities confidential.
Politics
Four states to ignore new Title IX rules protecting trans students
Republican officials in Oklahoma, Louisiana, Florida, and South Carolina have directed schools to ignore new Title IX rules
By Erin Reed | WASHINGTON – Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ+ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the United States.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th US Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Superintendent Ellen Weaver wrote in a letter that providing protections for transgender and LGBTQ+ students under Title IX “would rescind 50 years of progress & equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving transgender kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide Don’t Say Gay or Trans law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Superintendent Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Commissioner of Education Many Diaz also joined in in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a Don’t Say Gay or Trans law that was used to force a trans female teacher to go by “Mr.”
State Education Superintendent Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Chaya Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ+ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ+ rights organizations in the United States. Lambda Legal, a key figure in fighting anti-LGBTQ+ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect August 1st, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Politics
After Biden signs TikTok ban its CEO vows federal court battle
“Rest assured, we aren’t going anywhere,” Chew said in the two-minute video posted to TikTok’s main corporate account
WASHINGTON – 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 United States.
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.
Our response to the TikTok Ban Bill in the US: https://t.co/LpoE67sxHo
— TikTokComms (@TikTokComms) April 24, 2024
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, California Democratic Congressman Adam Schiff, who doesn’t support a blanket ban of the app, told the 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 California U.S. Senator Alex Padilla 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 President 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 to ban TikTok and Chinese-owned WeChat, a unit of Beijing, China-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 U.S. District Court 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’ 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, New York-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
Politics
Kenyatta may become first LGBTQ statewide elected official in Pa.
Penn. state Rep. Malcolm Kenyatta, who is running for auditor general is an active surrogate in the Biden-Harris 2024 reelection campaign
PHILADELPHIA County, Penn. — Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
California Politics
Recognizing & celebrating lesbians: Mayor Pro-Tem of El Cerrito
Lesbian Visibility Week stands as a vibrant affirmation of solidarity with lesbian/queer women within the LGBTQ+ community
EL CERRITO, Calif. – Carolyn Wysinger is a distinguished figure in both local politics and the LGBTQ+ community having risen as a prominent voice advocating for inclusivity and diversity. Her first term as Mayor Pro-Tem of El Cerrito, California is marked by a robust commitment to visibility and engagement in political arenas.
First elected to the El Cerrito City Council in 2020, Wysinger’s trajectory in politics has been underpinned by her resolve to bring LGBTQ+ voices to the forefront of decision-making. Her work emphasizes the crucial role of allies in combating anti-LGBTQ+ legislation, advocating for a political landscape that welcomes all voices, particularly those from marginalized communities.
(Photo courtesy of Carolyn Wysinger)
Before venturing into politics, Wysinger made significant contributions to the cultural and educational sectors. A lifelong resident of Contra Costa and a proud graduate with a B.A. in English from California State University, Long Beach, with a M.F.A. from Antioch University, she has also been a vital part of the literary world. Her book, “Knockturnal Emissions: Thoughts on #race #sexuality #gender & #community,” provides insights into diverse identities and has been featured on essential reading lists at several universities.
Wysinger’s influence extends beyond her literary achievements. She has organized notable queer events such as LA’s NFL Sunday Funday and the Long Beach Blue Party, and she has held leadership roles with organizations such as the NIA Collective, San Francisco Pride, and the Human Rights & Relations Commission of Richmond. Her appointment to various committees, including the Economic Recovery Task Force of San Francisco and the Legislative Committee of the California Democratic Party, showcases her broad impact across social and political spheres.
Her community engagement is highlighted by her affiliations with the Sierra Club, NAACP, Black Women Organized for Political Action, and her involvement in the Philonise and Keeta Floyd Institute for Social Change. These roles reflect her deep commitment to addressing systemic inequalities and fostering community solidarity.
In addition to her political and social endeavors, Wysinger is known in her community as an educator who has profoundly impacted the lives of her students at Richmond High School, where she taught English Language Learning, African-American Literature, and led several student groups, including the Black Student Union and LGBTQ Student club.
Wysinger’s Take on Lesbian Visibility Week
In an exclusive interview with The Los Angeles Blade, Wysinger shared her robust insights on the significance of representation and the ongoing struggles and victories of the LGBTQ community during Lesbian Visibility Week.
Wysinger, a steadfast advocate for equal representation in politics, emphasized the necessity of proportional representation of women, including LGBTQ individuals and people of color. “Having a proportional amount of women represented in politics to the constituents is extremely important. We need this not only for women but for everyone in the community,” she explained, underlining the intersectionality of representation.
The current political climate has seen a surge in anti-LGBTQ laws, but Wysinger remains optimistic due to the strong network of allies within California. “It is great to know we have so many allies in California who are fighting in their respective offices to bring equity to our community,” she said.
This network includes notable figures such as London Nicole Breed, the Mayor of San Francisco and State Controller Malia Cohen, who have been pivotal allies, supporting Wysinger as a woman of color in her political journey.
Wysinger also addressed a common narrative that discourages women within the LGBTQ community from seeking elected office. She is committed to dismantling this mindset, attributing her success in leadership to the support from various political queer groups, including Equality California.
Reflecting on the evolution of LGBTQ visibility, Wysinger highlighted the stark contrast between the representation she observed growing up between the Bay Area and Louisiana and the visibility in today’s media.
“Lesbian Visibility Week is something that we did not have back in the ’70s, ’80s, and ’90s when we were being so heavily targeted. This week is a reminder of what we have done in the community and that we are here. It is so important to highlight the queer women who are on the front lines of what we are fighting right now,” Wysinger said.
Wysinger credits her nieces and nephews as a significant inspiration, underscoring the importance of nurturing the future generation of leaders and allies. Her message to the younger generation and to her younger self is resonant with empowerment: quoting a line from the television sitcom “A Different World,” delivered by famed Black comedian Whoopi Goldberg, Wysinger said, “You are a voice in this world, and you deserve to be heard.”
Through her leadership and advocacy, Wysinger continues to champion the visibility and representation of lesbian and queer women, paving the way for a more inclusive and equitable future.
Lesbian Visibility Week
Lesbian Visibility Week, extending the celebration from a single day that began in 2008 to a full week, stands as a vibrant affirmation of solidarity with LGBTQI women and non-binary individuals within the community. This special week spanning April 22-28not only celebrates lesbian identity but also underscores the importance of inclusivity and support for all women, particularly those from marginalized communities.
The initiative for Lesbian Visibility Week was catalyzed by concerning findings from the Pride Matters survey conducted by Pride in London in 2018, which revealed that gay women are almost twice as likely to conceal their sexual orientation in the workplace compared to their gay male counterparts. This stark disparity highlights the urgent need for greater visibility and acceptance of lesbian, bisexual, transgender, and queer women both in professional environments and in daily life.
Organized with the support of the Diversity Umbrella Foundation, Lesbian Visibility Week aims to create a more inclusive society where LBTQ women can openly express their true selves without fear of discrimination. Whether it’s at work, at home, or in social settings, the week promotes a culture of understanding and acceptance.
The significance of Lesbian Visibility Week is also reflected in the efforts of DIVA Media Group, Europe’s leading LGBTQ media organization, which reaches an audience of 250,000 users monthly, in partnership with EL*C (Euro Central Asian Lesbian Committee), ILGA World, GLAAD, Curve and LGBT Foundation. Feedback from the community indicates a persistent feeling of being misunderstood and under-supported, further emphasizing the necessity of this observance.
Through a series of events, educational activities, and community engagements, Lesbian Visibility Week not only celebrates the contributions and diversity of lesbian women but also fosters a dialogue about the challenges they face. By doing so, it strives to be a powerful voice for unity, lifting up voices that are too often silenced and paving the way for a more equitable society.
Politics
Smithsonian staff concerned about future of LGBTQ programming
Secretary Lonnie G. Bunch III appeared before a hearing led by Republicans flagging concerns re: “the Left’s indoctrination of our children”
WASHINGTON — 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.”
Political commentary & analysis
20 bills die as Iowa Legislature adjourns-attacks on LGBTQ+ fail
Iowa becomes the latest state to adjourn Sine Die without passing a single piece of explicitly anti-LGBTQ+ legislation
By Erin Reed – DES MOINES, Iowa – In the latest in a series of victories for trans and queer people in statehouses across the United States, Iowa’s legislature has adjourned sine die without passing a single piece of explicitly anti-LGBTQ+ legislation.
This is despite more than 20 bills being introduced targeting LGBTQ+ individuals, including some introduced and prioritized by the governor herself.
Other states, which have historically shown a willingness to pass LGBTQ+ legislation, have also failed in efforts to pass such legislation this year, including Florida, Georgia, and West Virginia. This is leaving some to wonder if anti-trans and anti-queer politics are beginning to run into resistance, at least in the lead-up to the 2024 election fight.
This year, Iowa was at the center of numerous debates over anti-LGBTQ+ legislation, particularly targeting transgender individuals. One bill aimed to remove transgender people from the state’s civil rights code and declare them “disabled.”
Another proposal, known as the “pink triangle bill,” would have required special gender markers on the birth certificates and driver’s licenses of transgender people. One bill would have redefined “equal” to no longer mean “same” or “identical” for transgender people.
A further measure sought to ban transgender individuals from restrooms that match their gender identity. Nonetheless, all of these bills failed to pass as the legislature reached its closing hours.
This is not due to a lack of effort by a handful of Republican legislators who saw this as their priority issue. In the final moments of the session, sensing defeat, Republicans attempted to pass an anti-transgender birth certificate bill by introducing an amendment to ban such certificates onto a bill supporting the loved ones of fallen veterans.
Perhaps realizing that such a move would likely be seen as politically unpopular, they withdrew the amendment before the legislature adjourned.
Over 20 bills targeting the LGBTQ+ community that were introduced this year died. Counting rollover bills from the previous year, Iowa Safe Schools states that number is as high as 39 bills that have been defeated.
The only bills to pass was a broad “religious freedom restoration act,” which could allow broad discrimination against LGBTQ+ people and many other classes of people using religion as a shield, as well as a DEI ban. Though both bills have negative impacts on LGBTQ+ people, neither bill contained the targeted provisions seen in several others that were introduced this year.
Iowa has been the site of fierce resistance to anti-LGBTQ+ legislation this year. For one piece of legislation removing transgender people from the state civil rights code, over 300 people lined up in the hallway to speak out against the bill. When the bill was defeated in committee, cheers could be heard throughout the hallway.
Responding to that bills defeat at the time, Damian Thompson of Iowa Safe Schools stated, “From what I can tell, opposition was overwhelming, before the hearing, during the hearing, and after the hearing.” He later added, “This is the kind of response we need to see with every anti-LGBTQ legislation. We need the entire community united in opposition. What they are trying to do, we’ve seen it, they are trying to divide us. The LGB against the T, and it’s not going to work.”
Iowa is not the only state to witness significant victories over anti-LGBTQ+ and anti-trans legislation this year. Earlier, all explicitly anti-LGBTQ+ bills—20 in total—were defeated in Florida, prompting a statement from local HRC advocates that “The tide is turning.”
Similarly, over 20 bills failed in West Virginia, leading to celebrations. In Georgia, every anti-LGBTQ+ bill also failed, despite similar last-minute attempts to amend anti-LGBTQ+ legislation into entirely unrelated bills.
Although attacks on trans and queer individuals have encountered significant obstacles in Iowa and other states historically targeting LGBTQ+ people, some states are advancing with particularly severe legislation.
These states include Tennessee, Alabama, Mississippi, and Louisiana, all of which have introduced bills that would ban transgender people from bathrooms, allow individuals with religious objections to adopt LGBTQ+ children, and more.
Meanwhile, Ohio is moving forward with a bathroom ban that could affect transgender adults in colleges, and Utah has already passed a sweeping bathroom and locker room ban this year. Additionally, the United States presidential election is already witnessing political attacks on transgender individuals, which may intensify in the coming months.
For transgender Iowans, however, any further attacks will have to wait until the outcomes of the 2024 election cycle are clear. Early indications from Iowa suggest that such attacks may not be politically popular in the state.
For example, Moms For Liberty candidates were defeated in 12 of 13 highly contested school board elections in the state in 2023. Additionally, Pella, Iowa—a town that favored Trump by over 35 points—defeated a local book ban.
If similar election results occur in 2024, then attacks on LGBTQ+ individuals may continue to falter in the state, giving its trans and queer residents a moment to breathe as they begin the long battle to roll back harsh laws targeting LGBTQ+ people enacted in recent years.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Politics
600+ national polls shows Biden & Trump are tied
The 2024 national popular vote polling average between Biden and Trump is a significant indicator of the political divide
WASHINGTON – As the 2024 election contest heats up in a presidential race that is seeing a rematch between Republican frontrunner former President Donald Trump and incumbent Democratic President Joe Biden, the divide in the American nation is a nearly dead even between the two candidates according to The Hill.
The 2024 national popular vote polling average between Biden and Trump is a significant indicator of the political divide. As of Sunday Trump led with a polling average of 45.3% to Biden’s 44.4% with Trump having only a 0.9% lead based on over 600 polls. The majority of the polls were conducted between April 1 and April 19 the Hill reported.
Trump, who is standing trial on low level felony charges this week and next in New York City over his alleged payment of hush money to an adult film actress during the 2016 campaign race for the White House has not seen a dip in polling as a result of that and other criminal trials he faces.
Biden on the other hand is still not resonating well with independent and younger voters angered with his support of Israel over the ongoing war in between Hamas and Israel and his handling of the economy which is still confronting high prices, inflation, and astronomical housing costs. The president is also under fire for the handling of the migrant crisis on the Southern border.
Factoring into the race is the emergence of the third party candidacy of Robert F. Kennedy Jr., which the latest national NBC News poll shows the third-party vote — and especially Kennedy— cutting deeper into former President Donald Trump’s support than President Joe Biden’s, though the movement the other candidates create is within the poll’s margin of error.
Trump leads Biden by 2 percentage points in a head-to-head matchup, 46% to 44%, in the new NBC News poll. Yet when the ballot is expanded to five named candidates, Biden is the one with a 2-point advantage: Biden 39%, Trump 37%, Kennedy 13%, Jill Stein 3% and Cornel West 2%.
The big reason why is that the poll finds a greater share of Trump voters in the head-to-head matchup backing Kennedy in the expanded ballot. Fifteen percent of respondents who picked Trump the first time pick Kennedy in the five-way ballot, compared with 7% of those who initially picked Biden.
For a complete breakdown by poll and analysis, explore Decision Desk HQ and The Hill’s coverage here: (Link)
Political commentary & analysis
Anti-trans British pediatrician backpedals on her review on HRT
Dr. Cass’s latest statements are likely to cast more doubt on the study, which disregarded substantial evidence on trans care
By Erin Reed | WASHINGTON – In the latest twist over the Cass Review, a controversial report released in England last week targeting transgender care, the review’s leader has seemingly walked back recommendations and findings that have already led to a crackdown on transgender care in the United Kingdom.
Dr. Hillary Cass, in an interview with LGBTQ+ organizations, reportedly stated that puberty blockers and hormone therapy should be made available at differing ages based on individual need, and that current policies in England often result in those medications being offered too late. This stands in stark contrast to the report itself, which presents much more restrictive findings and recommendations on trans youth care that have been used to ban treatments in the UK and cited by far-right organizations behind bans in the United States.
The Cass Review was commissioned and produced in England in the wake of political attacks on transgender people in the United Kingdom after clinic closures and skyrocketing wait times. The “independent” review was lead by Dr. Hillary Cass, who reportedly followed several anti-trans organizations on social media and who met with Governor DeSantis’ medical board and offered information in their efforts to ban care in Florida, leading to some to question that independence. Last week, the final review was published, leading to bans on puberty blockers in the country, citing the report as justification for doing so.
The report disregarded a substantial amount of evidence for transgender care as not “high quality” enough and then described the evidence surrounding transgender care as weak, despite other reviews, major medical organizations, and the largest psychological organization in the world finding the evidence compelling enough to support gender affirming care. This has led to a group of over 100 Irish academics decrying the review in a group letter. The report made a series of recommendations, such as Recommendation 8, which states that hormone therapy is available for 16-year-olds but should be administered with “extreme caution,” and encourages clinicians to delay the treatment until age 18 unless there are “clear rationales” for earlier intervention. It also called for significant restrictions on puberty blockers, limiting them to research studies only. These recommendations and Cass’s findings have been used to justify severe crackdowns on transgender care.
See recommendation 8 here:
Now, in an interview first reported on twitter by TransSafetyNow, Dr. Hillary Cass appears to substantially walk back much of her review, interpretations of that review, and even attempts to brush off her meetings with political appointees in the DeSantis administration who met with her to obtain information they would later attempt to use to ban trans care there. In the interview with UK-based LGBTQ+ organization The Kite Trust, Dr. Hillary Cass is asked if she believes it is OK to prescribe puberty blockers. Her answer is significantly out of alignment with her report:
“In the data the Cass Review examined, the most common age that trans young people were being initially prescribed puberty suppressing hormones was 15. Dr. Cass’s view is that this is too late to have the intended benefits of suppressing the effects of puberty and was caused by the previous NHS policy of requiring a trans young person to be on puberty suppressing hormones for a year before accessing gender affirming hormones. The Cass Review Report recommends that a different approach is needed, with puberty suppressing hormones and gender affirming hormones being available to young people at different ages and developmental stages alongside a wider range of gender affirming healthcare based on individual need.”
Her answer aligns more closely with the current provision of transgender care in many countries, where individual needs and circumstances are prioritized for each patient. However, this is not the tone of the report, which has been used to advocate for significant restrictions and even outright bans. In the United States, the report has been cited by the Heritage Foundation (retweeted) and the Alliance Defending Freedom, organizations that have been actively involved in bans on trans care. In the United Kingdom, the report has even prompted an inquest into adult trans care, raising concerns about its potential impact on this care as well.
Some have accused her answers in the interview as being an attempt to deflect criticism. This is particularly evident in her response regarding a meeting with Dr. Patrick Hunter, a Catholic Medical Association doctor who was tapped by Governor Ron DeSantis in the United States to ban transgender care. Following the publication of the Florida reviews and standards of care, which bears a resemblance to the Cass Review, lawsuits revealed that the review was deceitfully conducted. Evidence, including a PowerPoint document, showed that the decision to ban trans care had been made before the review had even begun. Documents produced by the lawsuit also revealed that Dr. Cass had taken a meeting and exchanged emails with the Florida team.
Dr. Cass, in the latest interview, denies any wrongdoing, stating:
“Patrick Hunter approached the Cass Review stating he was a paediatrician who had worked in this area. The Cass Review team were not aware of his wider connections and political affiliations at this time and so he met the criteria for clinicians who were offered an initial meeting. This initial contact was the same as any paediatrician who approached the study. The Cass Review team declined any further contact with Patrick Hunter after this meeting. Patrick Hunter and his political connections has had no influence on the content of the Cass Review Report.”
However, in a new email made exclusively available to “Erin In The Morning,” Dr. Cass’s denial of impropriety does not appear to tell the whole story. Although she claims that she was not aware of his political affiliations, we learn that the meeting was actually set up by Dr. Riittakerttu Kaltiala, a member of the Cass Advisory Board (declared in her conflicts of interest) whom Dr. Patrick Hunter says has worked with him many times in the past. In this email, we also learn that Dr. Cass followed up with information she wanted to share with the board.
Furthermore, Dr. Cass’s claim that this was the only meeting between members of the Cass Review team and medical board members appointed by Governor DeSantis to ban care is contradicted by a court deposition citing “regular meetings” with Dr. Kaltiala, the member of the Cass Review Advisory Board who arranged the meeting between Dr. Cass and Dr. Hunter.
The interview is likely to further embroil the Cass Review in scandal both in the United Kingdom and internationally. It seems to represent a significant attempt to deflect criticism from the report by softening some of its conclusions. Moreover, the defensive tone of the report regarding those who influenced its production and meetings with politically charged appointees, who themselves have faced scrutiny over unethical and deceitful practices in reports on transgender healthcare, is bound to raise eyebrows.
However, it remains to be seen whether politicians in England or in red states in the United States, who are aggressively seeking any pretext to restrict care, will pause their efforts even with Dr. Cass tempering the implications of her report.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Politics
Support for Biden among LGBTQ adults persists despite misgivings
70% of all LGBTQ respondents and 81% of those who identify as trans said the Democratic Party should be doing more for queer and trans folks
SAN FRANCISCO — 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.
Politics
Court docs raise concerns over right-wing TikTok investor influence
Federal lawmakers have moved forward with a proposal that would force ByteDance to divest TikTok or ban the platform’s use in the U.S.
WASHINGTON – The role played by Pennsylvania billionaire Jeff Yass in the creation of TikTok might be far greater than was previously understood, according to new reporting that raises questions about the extent of the right-wing megadonor’s influence over matters at the intersection of social media, federal regulations, and electoral politics.
In 2012, Yass’s firm, Susquehanna International Group, spent $5 million for 15 percent of the short-form video hosting platform’s Chinese-owned parent, ByteDance. In the years since, as TikTok grew from a nascent startup to a tech giant with 1.5 billion active monthly users and an estimated $225 billion valuation, Yass and his firm pocketed tens of billions of dollars.
Beyond the size of Susquehanna’s ownership stake, little was known about its relationship with ByteDance until documents from a lawsuit filed against the firm by its former contractors were accidentally unsealed last month, leading to new reporting by the New York Times on Thursday that shows Susquehanna was hardly a passive investor.
In 2009 the firm used a proprietary, sophisticated search algorithm to build a home-buying site called 99Fang, tapping software engineer and entrepreneur Zhang Yiming to serve as its CEO. The company folded. And then, per the Times’s review of the court records, in 2012 Susquehanna picked Yiming to be the founder of its new startup ByteDance and repurposed the technology from 99Fang for use in the new venture.
Importantly, the documents do not provide insight into Yass’s personal involvement in the formation of ByteDance. And Susquehanna denies that the company’s search algorithm technologies were carried over from the real estate venture — which, if true, would presumably undermine the basis for the lawsuit brought by the firm’s former contractors who are seeking compensation for the tech used by ByteDance.
Questions about Yass’s influence come at a pivotal political moment
In recent weeks, federal lawmakers have moved forward with a proposal that would force ByteDance to divest TikTok or ban the platform’s use in the U.S. altogether, citing the potential threats to U.S. national security interests stemming from the company’s Chinese ownership.
The bill was passed on March 13 with wide bipartisan margins in the House but faced an uncertain future in the Senate. However, on Wednesday, House Speaker Mike Johnson (R-La.) announced plans to fold the proposal into a measure that includes foreign aid to Ukraine, Israel, and Taiwan, likely bolstering its chances of passage by both chambers.
Last month, shortly after meeting with Yass at his home in Mar-a-Lago, former President Donald Trump changed his longtime stance and came out against Congress’s effort to break up or ban TikTok. The timing led to speculation about whether the billionaire businessman was behind Trump’s change of heart, perhaps by contributing to the cash-strapped Republican presidential nominee’s electoral campaign or through other means.
Meanwhile, Yass has emerged as the largest donor of the 2024 election cycle. A coalition of public interest and government watchdog groups have called attention to the vast network of right-wing political causes and candidates supported by the billionaire, often via contributions funneled through dark money PACs that are designed to conceal or obscure the identities of their donors.
The Action Center on Race and the Economy, Make the Road, POWER Metro: Faith in Action, Free the Ballot, and Little Sis launched a website called All Eyes on Yass that features research into the various causes he supports, along with insight into the networks connecting the entities funded by his contributions.
Broadly, in Pennsylvania they fall into five categories: Advocacy against reproductive freedom and LGBTQ rights via the Pennsylvania Family Institute, lobbying on behalf of oil and gas industry interests by the Pennsylvania Manufacturers’ Association, anti-union groups supported by Commonwealth Partners, a privately owned registered investment advisory firm/independent broker-dealer, the Commonwealth Foundation for Public Policy Alternatives, which seeks to privatize public schools and defeat proposed increases to the minimum wage, and the Citizens Alliance of Pennsylvania, which advocates for lowering taxes on corporations and the rich.
Additionally, All Eyes on Yass reports that the billionaire has given massive contributions to Club for Growth along with direct spending to support the electoral campaigns of right-wing Republicans including Florida Gov. Ron DeSantis; U.S. Sens. Ted Cruz (Texas), Rand Paul (Ky.), and Josh Hawley (MO); U.S. Rep. Lauren Boebert (Colo.), and former U.S. Rep. Madison Cawthorn (N.C.).
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Tennessee: Anti-LGBTQ parents can now foster, adopt LGBTQ kids
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90 percent of trans youth live in states restricting their rights
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