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Legislation to codify same-sex marriage introduced in Congress

Members of Congress are now moving on multiple tracks to protect other privacy-related rights they now perceive as under threat

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U.S. Rep. Sheila Jackson Lee (D-Texas) speaks outside the U.S. Capitol on July 18, 2022. She and other lawmakers have called for the codification of marriage equality in law in the wake of the U.S. Supreme Court decision that struck down Roe v. Wade. (Washington Blade photo by Josh Alburtus)

WASHINGTON – In the wake of the Supreme Courtā€™s decision that rescinded the nationwide right to abortion, members of Congress are now moving on multiple tracks to protect other privacy-related rights they now perceive as under threat.

U.S. Rep. Jerrold Nadler (D-N.Y.), who chairs the House Judiciary Committee, on Monday introduced legislation alongside bipartisan co-sponsors that would codify marriage equality in federal law, repeal the Defense of Marriage Act and establish recognition protections for out-of-state marriages.

In a statement released following the introduction of the bill ā€” titled the Respect for Marriage Act ā€” Nadler connected what he felt as the necessity of such legislation to the Supreme Courtā€™s opinion released in Dobbs v. Jackson Womenā€™s Health Organization.

ā€œThree weeks ago, a conservative majority on the Supreme Court not only repealed Roe v. Wade and walked back 50 years of precedent, it signaled that other rights, like the right to same-sex marriage, are next on the chopping block,ā€ Nadler said. ā€œAs this court may take aim at other fundamental rights, we cannot sit idly by as the hard-earned gains of the Equality movement are systematically eroded.ā€

U.S. Sens. Tammy Baldwin (D-Wis.), Diane Feinstein (D-Calif.) and Susan Collins (R-Maine) introduced a companion bill in the U.S. Senate. The two measures join similar pieces of privacy-related legislation like the Womenā€™s Health Protection Act, which the U.S. House of Representatives passed in an effort to codify nationwide abortion rights.

The Respect for Marriage Actā€™s introduction came on the same day members of Congress renewed their efforts to modify the structure of the Supreme Court altogether.

The Judiciary Act of 2021 seeks to increase the number of seats on the court to balance its judicial ideology.

In a press conference on Capitol Hill on Monday, Democratic lawmakers joined the heads of multiple national advocacy groups in calling on Congress to expand the court from nine seats to 13.

ā€œWe just cannot sit back as a captive court captures our rights,ā€ U.S. Sen. Ed Markey (D-Mass.) said. ā€œExpanding the court is constitutional, it has been done before, we can do it now. And the reason we support this approach is that it is constitutional, it is immediate, and it does the job of dealing with the crisis of today.ā€

While lawmakers at the press conference expressed support for the codification legislation, they believe expanding the court will be more likely to stand up to potential challenges.

ā€œYou should not forget, though, that anything that the legislature passes, the Supreme Court is the final arbiter as to whether or not it is constitutional or not,ā€ U.S. Rep. Hank Johnson (D-Ga.) said. ā€œAnd so, that gives you some idea of this second track that youā€™re talking about. Yes, we can pass legislation, but that legislation would be challenged across the street and this right-wing, Republican, extremist Supreme Court which has been captured by money interests ā€” the future is not bright with the current arrangement so thatā€™s why we need to pass the Judiciary Act of 2021.ā€

With regard to codification legislation, however, U.S. Rep. Sheila Jackson Lee (D-Texas) told the Washington Blade at the press conference that she is certain of Congressā€™ ability to secure its passage.

ā€œI suspect that there will be a strong support for all of these legislative initiatives,ā€ Lee said. ā€œAnd I will suspect that in the Senate, it is a different atmosphere now, and because we have to be dual track ā€” one, dealing with the reversal of the Supreme Court decisions. And what do the American people look to? They look to their legislative body ā€” particularly Congress ā€” to represent the majority of their views.ā€

Democratic leadership in Congress has endorsed various legislation working to codify such rights as same-sex marriage and nationwide abortion access. Many have been hesitant, however, to get behind efforts to expand the number of justices on the Supreme Court ā€” a stance shared President Joe Biden.

But approaching a midterm election with prospects of a Republican-controlled Congress ā€” coupled with low overall approval ratings for the president ā€” Democrats have framed their efforts as both urgent and mandated by the people.

ā€œI think there is a movement, a momentum, a push by the American people to do justice and to do it justly and theyā€™re asking us to do our jobs and thatā€™s what weā€™re doing,ā€ Lee said.

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Congress

House GOP bars earmarks after controversy over LGBTQ projects

The alteration is related to an uproar during last yearā€™s annual government funding process, when House members included three LGBTQ projects

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U.S. Capitol Building (Washington Blade/Michael Key)

By Jennifer Shutt | WASHINGTON ā€” U.S. House lawmakers will no longer be able to request earmarked funding for some nonprofits under a change in eligibility made by the Republican chairman of the Appropriations Committee on Thursday.

The alteration is related to an uproar during last yearā€™s annual government funding process, when House Republicans, who are in the majority, included three LGBTQ projects in one of their spending bills and then stripped that funding during a tense public markup.

The change to eligibility in the House affects nonprofits that fall under the Economic Development Initiative account within the Transportation-HUD spending bill, one of the dozen funding bills that are written by congressional appropriators.

The new guidance laid out by Chairman Tom Cole doesnā€™t apply to House lawmakers seeking funding for nonprofits in the other accounts eligible for earmark requests.

It also doesnā€™t affect how the earmark process will work on the Senate side. That means there is another avenue for lawmakers to secure funding for LGBTQ projects if they decide to make those requests and the Senate spending panel chooses to include it in its version of the bill.

ā€œSimilar to previous reforms made in this Congress, this change aims to ensure projects are consistent with the community development goals of the federal program,ā€ Cole wrote in a ā€œDear Colleagueā€ letter.

Cole, an Oklahoma Republican, became chairman of the powerful spending panel earlier this month after the former chairwoman, Kay Granger of Texas, decided to leave that leadership post early.

Connecticut Democratic Rep. Rosa DeLauro, ranking member on the committee, released a written statement, saying the change ā€œis a seismic shift, as nearly half of all the 2024 House-funded EDI projects were directed to non-profit recipients.ā€

ā€œIn order to accommodate the extreme Republican wing, Republicans are trying to root out any help for the LGBTQ+ community,ā€ DeLauro wrote. ā€œThey are willing to hurt their own religious organizations, seniors, and veterans.ā€

The eligibility change, she wrote, would exclude House lawmakers from requesting funding for ā€œYMCAs, Boys & Girls Clubs, and other groups vital to our communities.ā€

Three LGBTQ projects

House Republicans originally included $1.8 million in funding for the William Way LGBT Center in Philadelphia, $970,000 for the LGBT Center of Greater Readingā€™s Transitional Housing Program in Pennsylvania and $850,000 for affordable senior housing at LGBTQ Senior Housing, Inc. in Massachusetts in their Transportation-HUD spending bill released last summer.

All three projects were requested by House lawmakers, the first step in the earmark process.

The projects were funded under the Economic Development Initiatives account that at the time was eligible for earmarks in the Housing and Urban Development section of the Transportation-HUD spending bill.

Cole, then-chairman of that subcommittee, removed the three projects through a so-called managerā€™s amendment that made numerous changes to the bill during committee debate.

While managerā€™s amendments are standard and typically bipartisan, the removal infuriated Democrats on the committee, who urged their GOP colleagues to reconsider during a heated debate last July.

Wisconsin Democratic Rep. Mark Pocan said at the time removing the funding was an insult to LGBTQ Americans as well as their families and allies.

ā€œThe fact that you would take away membersā€™ earmarks simply because they refer to the LGBTQI+ community is insane, is bigoted,ā€ Pocan said in July.

The final batch of spending bills Congress approved in March, following House-Senate negotiations, was slated to include $1 million for the William Way LGBT Center in Philadelphia, since the Pennsylvania senators also requested funding. But that was removed from the bill after it had been released, setting off a confusing blame game among lawmakers.

The final Labor-HHS-Education spending bill approved in March included $850,000 for LGBTQ Senior Housing, Inc., MA, for services for older adults within the Administration for Community Living account within the HHS section of the bill.

That funding in Massachusetts had been stripped from the Houseā€™s Transportation-HUD bill by GOP lawmakers, but was also requested by the stateā€™s two senators and included in the Labor-HHS-Education spending bill within that chamber.

That final spending bill also included $400,000 for the Garden State Equality Education Fund, Inc., for trauma-informed strategies to support LGBTQ+ youth in New Jersey, within the Innovation and Improvement account for the Department of Education.

That funding was never requested by House lawmakers, but was asked for by the stateā€™s two senators.

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Jennifer Shutt

Jennifer covers the nationā€™s capital as a senior reporter for States Newsroom. Her coverage areas include congressional policy, politics and legal challenges with a focus on health care, unemployment, housing and aid to families.

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The preceding article was previously published by The DC Bureau ofĀ States Newsroom and is republished with permission.

States Newsroom is the nationā€™s largest state-focused nonprofit news organization.

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House passes spending bill as Greene threatens to oust Johnson

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20, 2023. (Blade photo by Michael Key)

WASHINGTON — The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a ā€œChuck Schumer, Democrat-controlled billā€ that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

Related

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as ā€œa victory,ā€ crediting lawmakers for their ā€œbipartisan, bicameral negotiations.ā€

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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Padilla, FCC introduce bill to improve 988 Suicide & Crisis Lifeline

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three

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U.S. Sen. Alex Padilla (D-Calif.) (Screenshot/YouTube)

WASHINGTON — U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CĆ”rdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information. These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

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Nicole Berner becomes first LGBTQ judge on 4th Circuit

Berner becomes the 1st openly LGBTQ person to ever serve on the 4th Circuit & the 3rd LGBTQ woman to serve on any federal appellate court

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Nicole Berner speaking at American Constitution Society virtual symposium on The Future of Labor Law in a Post-COVID Economy, Dec. 22, 2020. (Screenshot/YouTube ACS)

WASHINGTON — Following the U.S. Senateā€™s 50-47 vote on Tuesday supporting her nomination, Nicole Berner will become the first LGBTQ judge to serve on the 4th U.S. Court of Appeals, which adjudicates cases appealed from courts in the Mid-Atlantic region.

An attorney who previously worked as general counsel for the Service Employees International Union and as a lawyer for Planned Parenthood, Berner is the 11th confirmed LGBTQ judicial appointee who President Joe Biden nominated.

The Biden-Harris administration has now confirmed as many queer jurists with lifetime tenure to serve on U.S. federal courts as former President Barack Obama did over the course of two terms in office.

ā€œThe civil rights community celebrates Nicole Bernerā€™s historic confirmation to the U.S. Court of Appeals for the 4th Circuit,ā€ Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement.

ā€œMs. Berner is a brilliant lawyer who has defended and advanced our civil and human rights, including the rights of working people, reproductive rights and the rights of LGBTQ people,ā€ she said. ā€œHer commitment to equal justice is evidenced throughout her life and legal career, and we look forward to her service on the bench.ā€

ā€œMs. Berner also becomes the first openly LGBTQ person to ever serve on the 4th Circuit and just the third openly LGBTQ woman to serve on any federal appellate court in the nation,ā€ Wiley said. ā€œHer confirmation adds crucial lived experience to the court and sends a powerful signal to young LGBTQ lawyers, law students and other potential future judges that they belong on the federal bench.ā€

Democratic U.S. Sens. Ben Cardin and Chris Van Hollen of Maryland had supported Bernerā€™s nomination.

ā€œNicole Berner has shown her outstanding qualifications and readiness to join the federal judiciary,ā€ Cardin said. ā€œSince we first recommended her to President Biden, we have been impressed with her spirit and expertise and her willingness to stand up for worker rights, families and underrepresented communities throughout her legal career.ā€

Van Hollen said, ā€œFor decades, Nicole Berner has represented working families and historically underrepresented communities. Her vast qualifications and accomplishments clearly show that she is dedicated to the rule of law, fairness and the principles of democracy ā€” but more than that, her character has shown her to be a champion of those too often left behind by the legal system.ā€

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Pride in Mental Health Act to aid at-risk LGBTQ youth introduced

Pride in Mental Health Act would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

WASHINGTON — U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

ā€œAccessing mental health care and support has become increasingly difficult in nearly every state in the country,ā€ said Butler, who is the first Black LGBTQ senator. ā€œBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

ā€œMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.ā€ 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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House passes TikTok ban, forces divestiture by Chinese parent firm

Before TikTok, the U.S. took action over national security concerns with Grindr. In 2020, the app was sold by China-based Beijing Kunlun Tech

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Screenshot/YouTube NBC News

WASHINGTON — In a bipartisan vote of 352-65 on Wednesday, the U.S. House of Representatives cleared a bill that would force a divestiture of TikTok by its Chinese parent company ByteDance or ban the video sharing platformā€™s use in the U.S.

While the legislation faces an uncertain path to passage in the U.S. Senate, Wednesdayā€™s vote provided additional evidence of the extent to which lawmakers are concerned about U.S. national security risks that could stem from TikTok.

More specifically, as recent years have seen relations between the U.S. and China become more fraught than they have been since the two countries first established diplomatic ties in 1979, questions have been raised about the access government leaders in Beijing might have to data from Americaā€™s 150 million TikTok users who are active on the platform each month.

Concerns have also been raised about whether and how the platformā€™s content moderation policies, algorithmic recommendation engine or other features might be manipulated to advance Chinese interests ā€” including, potentially, by sowing political strife in the U.S. or manipulating or undermining American elections.

Many of these claims are speculative, lacking the type of evidence that might be required if they were presented in a court of law. Nevertheless, for purposes of forcing a divestiture through an act of Congress or a decision by the Committee on Foreign Investment in the United States, they are sufficient.

CFIUS is a nine-member interagency panel that adjudicates questions of whether business transactions between foreign buyers and U.S. targets may raise national security concerns. Since 2020, the committee has investigated TikTok because the platform was created by ByteDanceā€™s 2017 purchase of U.S. startup Musical.ly.

The probe led to negotiations over a deal in which American user data from TikTok would be sold to U.S. based multinational computer technology company Oracle, which would vet and monitor the platformā€™s algorithms and content moderation practices ā€” but Axios reported on Monday that talks between TikTok and CFIUS have stalled for months.

Parallels to Grindr case

Grindr’s IPO at the New York Stock Exchange (Screen capture: YouTube/NYSE)


As directed by CFIUS, in 2020, Grindr, the location-based app used primarily by gay and bisexual men and transgender or gender diverse communities, was sold by the Chinese-based Beijing Kunlun Tech to San Vicente Acquisition, a firm that was incorporated in Delaware.

According to Ruters, Kunlunā€™s failure to notify CFIUS when the company purchased Grindr in 2018 was likely one of the reasons the committee decided to force the divestiture and thereby unwind an acquisition that, by that point, had been consummated for two years.

While CFIUS does not share details about the specific nature of national security risks identified with transactions under its review, reporting at the time suggested concerns with Grindr had to do with the Chinese governmentā€™s potential to blackmail Americans, potentially including American officials, with data from the app.

Cooley LLP, an international law firm with attorneys who practice in the CFIUS space, notes that the committee uses a ā€œthree-part conceptual frameworkā€ to assess national security threats:

  1. What is the threat presented by the foreign personā€™s intent and capabilities to harm U.S. national security?
  2. What aspects of the U.S. business present vulnerabilities to national security?
  3. What would the consequences for U.S. national security be if the foreign person were to exploit the identified vulnerabilities?

The firm writes that ā€œissues that have raised perceived national security risks range from the obvious (e.g., foreign acquisitions of U.S. businesses with federal defense contracts) to the seemingly benign (e.g., foreign minority investments in offshore wind farm projects or online dating apps.)

Cooley additionally notes that CFIUS considers vulnerabilities such as ā€œwhether the U.S. business deals in ā€˜critical technology,ā€™ ā€˜critical infrastructureā€™ or ā€˜sensitive personal data’ā€ and threats such as ā€œthe foreign buyerā€™s/investorā€™s track record of complying with U.S. and international laws (e.g., export controls, sanctions and anti-corruption regimes.)ā€

Some critics argue CFIUS has been overzealous in enforcing investment restrictions against Chinese buyers, but assuming this may be true ā€” and putting aside questions of whether U.S. national security concerns are best served by this approach ā€” Chinaā€™s foreign direct investment has ā€œdeclined considerably,ā€ according to another global law firm with a substantial CFIUS practice, Morgan Lewis & Bockius LLP.

The firm notes heightened scrutiny has been applied particularly in cases of ā€œChinese investment in the U.S. biotechnology industry,ā€ while Akin Gump Strauss Hauer & Feld highlighted CFIUSā€™s expanded jurisdiction over Chinese investments in U.S. real estate ā€” noting, however, that the committeeā€™s increased authority is ā€œunlikely to satisfy members of Congress and state legislators who want to prohibit investments in agricultural and other land by investors from ā€˜countries of concernā€™ such as China.ā€

Two years after the finalization of Grindrā€™s divestiture in 2020, the company went public on the New York Stock Exchange and enjoyed a 400 percent rise in its stock price. Its current value is $1.75 billion.

TikTok is privately owned, but Angelo Zino, a vice president and senior equity analyst at CFRA Research, told CNBC that the platformā€™s U.S.-only business ā€œcould fetch a valuation north of $60 billionā€ if Congress passes the bill to force its divestiture from ByteDance.

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House Democrat’s office quotes anti-LGBTQ advocacy group

The office of Rep. Ocasio-Cortez quoted remarks from National Center on Sexual Exploitation, a group with a history of anti-LGBTQ advocacy

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U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) (Left) meeting with her constituents, 2023. (Photo Credit: Office of Rep Alexandria Ocasio-Cortez)

WASHINGTON — A press release issued on March 7 by the office of U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) included quoted remarks from the CEO of the National Center on Sexual Exploitation, a group with a history of anti-LGBTQ advocacy that was previously named Morality in Media.

Aides to the congresswoman did not immediately return a request for comment on how the move appears to conflict with her history of supporting the LGBTQ community and reputation as one of its most loyal allies in Congress.

TheĀ releaseĀ concerns a bipartisan, bicameralĀ billĀ that was introduced by Ocasio-Cortez to fight the proliferation of non-consensual, sexually explicit ā€œdeepfakeā€ media ā€” created by ā€œsoftware, machine learning, artificial intelligence, or any other computer-generated or technological meansā€ ā€” by establishing a federal civil right of action for victims.

Remarks by NCOSE CEO Dawn Hawkins that were included in the announcement from Ocasio-Cortezā€™s office are inoffensive and germane to the legislation. For instance, she said ā€œit is past time that our laws catch up and hold the perpetrators of this abuse accountable,ā€ calling the measure ā€œa critical step forwardā€ in securing ā€œjustice for survivors through civil remedies.ā€

Primarily focused on opposing pornography, NCOSE has sought to distance itself from the avowed anti-LGBTQ positions that were held by the organization and its leadership in the past, but there is ample reason to doubt the narrative that the group underwent an ideological evolution.

Hawkins authored a statement on behalf of her organization in December 2023 that promised to fight against the sexual exploitation of LGBTQ victims and expressed ā€œdeep regret that there were moments in our organizationā€™s history prior to our leadership change in 2011, when remarks were made that were indeed anti-LGBTQ+.ā€

The statement also noted that ā€œour former namesake, Morality in Media (MIM), was associated with actions that starkly contrast with our current values,ā€ including possible advocacy against Disneyā€™s extension of benefits to employeesā€™ same-sex partners and a press statement ā€œarguing that homosexuality is connected to crime.ā€

Casting doubt on the sincerity of these statements, along with Hawkinsā€™ proclamation that ā€œwe do not tolerate statements and actions by current employees that spread harmful misinformation and hate towards any particular group or individual,ā€ are the following facts:

  • NCOSEā€™s current general counsel Benjamin Bull, previously served as chief counsel of the far-right legal advocacy group Alliance Defending Freedom, which the Southern Poverty Law Center has designated an anti-LGBTQ hate group.
  • During an interview with former Fox News host Bill Oā€™Reilly, Bull praised a 2013 decision by the Supreme Court of India that re-criminalized LGBTQ sex.
  • Amherst College professor Hadley Arkes, a conservative political scientist with longstanding ties to NCOSE ā€” he was listed as a board member on the groupā€™s 2022 990 form ā€” supports the discredited practice of conversion therapy, which is banned in 20 U.S. states. When delivering public remarks in 2021, he said, ā€œWeā€™ve had many people who, with therapy and conversion, just have come out away from that life.ā€
  • Arkes also opposes same-sex marriage. During the same event in 2021, he compared the decision by gay and lesbian couples to wed with the choice to shoot heroin. Close to the end of his two-hour lecture, the professor conceded that, ā€œI think Iā€™ve said enough to offend everybody tonight.ā€
  • Hawkins organized a conference in South Africa in 2022 whose keynote address was delivered by Errol Naidoo, an anti-LGBTQ minister who has blamed abortion and the ā€œhomosexual agendaā€ forā€a culture of deathā€ in his country and was quoted in a Nigerian newspaper as saying ā€œI hate gays. It runs against Godā€™s wishes.ā€
  • Also delivering a presentation during the conference was Sharon Slater, president of Family Watch International. The SPLC lists the organization as an anti-LGBTQ hate group, noting that Slater has claimed LGBTQ people are more prone to disease, more promiscuous, and likelier to engage in pedophilia.
  • Slater has also defended the criminalization of LGBTQ conduct by African countries like Uganda and forged close relationships with proponents of these policies like Ugandan pastor Martin Ssempa, who supported the law passed last year that imposes prison sentences for homosexuality (and the death penalty, in certain cases).

Along with the bill introduced last week by Ocasio Cortez, the DEFIANCE Act, NCOSE is a major supporter of the Kids Online Safety Act ā€” another bipartisan legislative effort to combat the sexual exploitation of minors along with other harms facilitated by Big Tech and social media companies.

Earlier iterations of KOSA drew opposition from LGBTQ and civil rights groups over concerns that, for instance, the law might suppress affirming or pro-LGBTQ online content or prevent queer youth from accessing online communities.

On Feb. 15, however, a coalition of seven national LGBTQ organizations wrote a letter to U.S. Sen. Richard Blumenthal (D-Conn.), who introduced KOSA along with Republican U.S. Sen. Marsha Blackburn (Tenn.), informing him that they would no longer oppose the bill.

Signed by GLAAD, GLSEN, the Human Rights Campaign, PFLAG National, the National Center for Lesbian Rights, the National Center for Transgender Equality, and The Trevor Project, the letter thanked Blumenthal for ā€œhearing our concernsā€ and ā€œupdating the legislation to address potential adverse consequences for LGBTQ+ youth.ā€

For years, Congress has sought to pass legislation to curb the power of market-dominant tech platform companies and hold these firms accountable for harms they have facilitated. More recently, many lawmakers have agreed on the need for a bipartisan federal privacy law and regulations targeting emerging technologies like artificial intelligence ā€” but so far have failed to pass any.

Support among Republicans and Democrats for bills like KOSA and the DEFIANCE Act were bolstered by the Senate Judiciary Committeeā€™s hearing on online child sexual exploitation at the end of January, where the senators grilled the CEOs of TikTok, Discord, Snap Inc. (Snapchat), X (formerly Twitter), and Meta (which owns Facebook and Instagram).

Meanwhile, the Republican-controlled U.S. House is preparing to vote on a bill that would force the divestiture of TikTok by its Chinese parent company ByteDance or ban the popular video sharing platform in the U.S.

While the measure would have to overcome opposition from Senate Democrats to pass, bipartisan support comes because of the national security risks presented by TikTok along with concerns about the harms suffered by American users ā€” even though the evidence for some of these claims is scant, unclear, or disputed.

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Congress

Santos to run for Congress again

Santosā€™s announcement came in a post on X, which began by criticizing the presidentā€™s State of the Union speech

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Former U.S. Rep. George Santos (R-N.Y.) (Washington Blade photo by Christopher Kane)

QUEENS, N.Y. – Former U.S. Rep. George Santos of New York, who was the first out LGBTQ Republican elected to Congress and one of only three members who was expelled by their colleagues for reasons other than supporting the Confederacyā€™s rebellion, has announced a bid to return to Congress.

As a former member, he retains lifetime access to the U.S. House chamber, and therefore was able to declare his run for the seat currently held by U.S. Rep. Nick LaLota (R-N.Y.) during President Joe Bidenā€™s State of the Union address on Thursday night.

Santosā€™s announcement came in a post on X, which began by criticizing the presidentā€™s speech. ā€œI just witnessed a weak, frail president deliver spin and lies to the American people,ā€ he wrote, and decided to run again ā€œafter a lot of prayer and conversation with my friends and family.ā€

The former congressman then traded barbs in posts on X with LaLota, who had called for Santosā€™s expulsion from the time it was first revealed that he had fabricated much of his personal and professional history.

After Santos was handed a 23-count federal indictment for fraud in October, LaLota joined the renewed effort to oust him, which on Dec. 1 led to a 311-114 vote for expulsion. His criminal trial in Long Island is scheduled to begin in September. He has pleaded not guilty.

Santos and LaLota will face off in the Republican primary election for New Yorkā€™s First Congressional District on June 25.

ā€œTo raise the standard in Congress, and to hold a pathological liar who stole an election accountable, I led the charge to expel George Santos,ā€ LaLota wrote in a post on X. ā€œIf finishing the job requires beating him in a primary, count me in.ā€

Santosā€™s former district, New Yorkā€™s 3rd, which covers the North Shore of Long Island, stretching across northern Nassau County and into parts of Queens, is competitive.

Following the expulsion vote, a special election was held on Feb. 13, and Democratic U.S. Rep. Tom Suozzi reclaimed the seat that he held from 2002 to 2009 before losing to Republican Ed Mangano ā€” who, incidentally, was convicted of bribery and fraud in 2019 and is now serving a 12-year prison sentence.

Likewise, LaLotaā€™s district, New Yorkā€™s 1st, which is located in eastern Long Island, has been a swing district since 2010. NPR notes that ā€œSantosā€™ lingering presence in New York politics might be a reminder to voters that he won office with strong backing from many of the stateā€™s most influential GOP officials.ā€

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Senate pulls funding for Philadelphia LGBTQ community center

$1 million earmark for the William Way LGBTQ Community Center stripped, had been targeted by the anti-LGBTQ account Libs of TikTok

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U.S. Capitol Dome
U.S. Capitol Dome (Washington Blade photo by Michael Key)

WASHINGTON — In remarks at the U.S. Capitol on Wednesday, U.S. Sen. John Fetterman (D-Pa.) said he was ā€œhorrifiedā€ to learn his office had issued a letter on Tuesday that stripped a $1 million earmark for the William Way LGBTQ Community Center in Philadelphia, which had been targeted by the anti-LGBTQ account Libs of TikTok.

The move came just before the chamber is set to vote on the appropriations package on Wednesday.

ā€œUnfortunately, at the 11th hour my staff was made aware that funding for William Way, which was in the bill because I championed it, would not pass in the FY24 appropriations process,ā€ he said in a follow-up statement from his office. ā€œThe choice was either to pull it or watch it get stripped out, attacked by Republicans, and ultimately killed.ā€

Fetterman had secured funding for the community center after House Republicans struck it ā€” along with earmarks for two other LGBTQ centers ā€” from an appropriations bill, in what the Pennsylvania senator called ā€œmisguided and bigoted culture war efforts.ā€

While he told Business Insider that he intended to withdraw the letter, the news outlet notes the final earmark requests had already been entered into the congressional record, and Pennsylvaniaā€™s senior Democratic U.S. senator, Bob Casey, had also withdrawn his support for William Way.

In a post on X Tuesday, Libs of TikTok wrote that the Senate funding bill ā€œincludes $1M of your tax dollars to go towards renovating an LGBTQ Center in PA which boasts rooms to try BDSM and sex fetishes and hosts BDSM and sex kink parties.ā€

Caseyā€™s office told Business Insider that while he will ā€œcontinue to support the LGBTQ communityā€ in Pennsylvania and ā€œbelieves that consenting adults have the right to do whatever they want in their free time,ā€ ultimately ā€œSenator Casey withdrew his request for federal funding when new information about the third-party use of the facility emerged.ā€

In a statement to the Washington Blade, William Way Center Executive Director Chris Bartlett said those allegations were ā€œlies and distortions:ā€

ā€œThe William Way LGBT Community Center was disappointed to learn that support for federal Congressionally Directed Spending to renovate and expand our historic headquarters on 1315 Spruce St. in Philadelphia was withdrawn as a result of lies and distortions about our Center shared by political extremists.

These extremists falsely stated that sexual behavior is allowed in rental programs of the Center, which is inaccurate and against our Centerā€™s code of conduct. 

The Center will continue to be a safe haven for a broad range of hundreds of community groups who rent from us, including those that provide a space for sexual health promotion, community building and education. 

The William Way LGBT Community Center stands firmly against discrimination and will work with our elected officials to ensure that support for our Center, and other LGBTQ institutions across the nation, is restored.ā€

Denise Spivak, CEO of CenterLink, a member-based organization of more than 375 LGBTQ community centers around the world, also shared a statement with the Blade:

ā€œThe William Way LGBT Community Center, like LGBTQ centers across the country, provides a wide variety of services, resources, and space to the greater Philadelphia LGBTQ community,ā€ she said.

ā€œIt is deeply concerning that support for crucial funds is being withdrawn due to misinformation from extremists and this response sets an unfortunate and dangerous precedent.

We urge lawmakers to fully understand the immense value and vital, often lifesaving, services that LGBTQ centers provide for their communities as they weigh support for funding.ā€ 

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Arizona’s Sinema to leave the Senate

Sinema was instrumental in shoring up support in the chamber for passage of the Respect for Marriage Act in 2022

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U.S. Sen. Kyrsten Sinema (I-Ariz.) (Washington Blade photo by Michael Key)

WASHINGTON — U.S. Sen. Kyrsten Sinema (I-Ariz.) announced on Tuesday that she will not run for re-election, thereby setting up a two-way race for the seat between U.S. Rep. Ruben Gallego (D-Ariz.) and Republican former television news anchor Kari Lake, who is a close ally of former President Donald Trump.

The first bisexual woman to serve in the U.S. Senate ā€” and the second LGBTQ woman, after U.S. Sen. Tammy Baldwin (D-Wis.) ā€” Sinema was instrumental in shoring up support in the chamber for passage of the Respect for Marriage Act in 2022, which protects the rights of married same-sex and interracial couples.

Sinema mentioned the legislative achievement in a video posted on X announcing her plans to leave the Senate.

Registering as an Independent in December 2022 after years of serving in the U.S. House of Representatives and then the Senate as a Democrat, Sinema developed a reputation for imperiling some of her former party’s more ambitious policy goals.

For example, she was criticized for refusing to support abolishing the Senate filibuster and for objecting to a provision of the Inflation Reduction Act that would have narrowed the carried interest tax loophole, which benefits investment managers at private equity funds.

In her video, the senator detailed her objections to what she considers the polarization of partisan politics that has come to dominate Washington.

“I want to thank @SenatorSinema for her nearly two decades of service to our state,” Gallego wrote in a post on X.

“As a journalist, I covered Kyrsten Sinema for many years,” Lake wrote in a post on X. “We may not agree on everything, but I know she shares my love for Arizona.”

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