National
Obama, Kennedy and a year of change
From President Obama’s inauguration to the National Equality March, the last 12 months brought a variety of real and symbolic change for LGBT Americans. Marriage was the top story of the year, but here are the 10 other biggest stories of 2009.
ten
Barack Obama becomes 44th president: Telling a massive National Mall crowd that, “all are equal, all are free,” Barack Obama became the nation’s 44th president Jan. 20. Gays from across the country joined the estimated 1.8 million people on Capitol Hill who watched Obama take the oath of office. Seconds after Obama took the oath, a detailed narrative describing Obama’s support for gay rights legislation was published to the White House web site. The page noted Obama’s support for a gay and transgender inclusive hate crimes bill, an employment non-discrimination bill covering gays and transgender people, and overturning “Don’t Ask, Don’t Tell,” among other issues. The section also mentioned Obama’s call to repeal the anti-gay Defense of Marriage Act and his support for new legislation that would provide full marriage-related rights and benefits for same-sex couples joined in civil unions or domestic partnerships.
nine
Nation mourns Kennedy: Sen. Edward Kennedy was remembered as the LGBT community’s “strongest advocate in the United States Senate” when he died in August at age 77. Human Rights Campaign President Joe Solmonese noted that Kennedy championed LGBT issues in Congress before doing so was politically acceptable and offered a strong voice of support in the 1980s when the HIV/AIDS epidemic began taking the lives of gay men. Kennedy went on to become a staunch supporter of same-sex marriage and in 1996 was among 14 senators to vote on the Senate floor against the Defense of Marriage Act. He also spoke on the Senate floor against the anti-gay Federal Marriage Amendment in 2004. “Make no mistake,” he said, “a vote for the federal marriage constitutional amendment is a vote against civil unions, domestic partnerships and other efforts by states to treat gays and lesbians fairly under the law.”
eight
Gay federal workers get limited benefits: President Obama took what activists described as his “first step” on gay civil rights in June when he signed a presidential memorandum granting a limited number of federal employee benefits to the same-sex partners of federal workers. Among the new benefits were long-term care insurance and the use of sick time to care for a domestic partner and non-biological, non-adopted child. Additionally, the same-sex partners of U.S. Foreign Service workers were granted access to the use of medical facilities at overseas posts, medical evacuation privileges from such posts and inclusion of same-sex families in overseas housing allocations. Notably absent from the list was health insurance and retirement benefits. White House officials said the administration is prohibited from providing the perks to the same-sex partners of federal workers without a change in the civil service personnel statute and the Defense of Marriage Act.
seven
Gay man leads U.S. Office of Personnel Management: John Berry became the Obama administration’s highest-ranking openly gay official in May when he was sworn in as director of the U.S. Office of Personnel Management. The ceremony notably occurred at OPM headquarters in Northwest Washington — the same building where officials once carried out a policy that allowed them to deny employment to gays seeking federal jobs. On hand for the event was longtime gay civil rights activist Frank Kameny, who was fired by the federal government in 1957 because of his sexual orientation. Berry lauded Kameny, noting that Kameny’s work made Berry’s appointment possible. “For that, Frank, I personally thank you for your leadership, your passion, and your persistence and express our nation’s appreciation for your courage in teaching America to live up to our promise and our potential,” Berry said.
six
Obama cheered at Pride event: President Obama and his wife won cheers and shouts of “I love you!” from lesbian, gay, bisexual and transgender activists during a White House celebration in June commemorating Pride and marking the 40th anniversary of the Stonewall Rebellion. The gathering came as many activists urged the president to take greater action on LGBT issues, including the repeal of the anti-gay Defense of Marriage Act and “Don’t Ask, Don’t Tell.” Obama told the crowd that the nation “cannot — and will not — put aside issues of basic equality” and that he seeks “an America in which no one feels the pain of discrimination based on who you are or who you love.”
five
Lesbian elected mayor of Houston: Gay rights advocates heralded the victory of lesbian Annise Parker in her bid to become Houston’s next mayor as a triumph for LGBT Americans. Parker, a Democrat and city controller for Houston, won the December election after taking 53 percent of the vote. Her win marked the seventh time she’d won a citywide election in Houston and made the city the most populous in the country to elect an openly LGBT mayor. Paul Scott, executive director for Equality Texas, said Parker’s victory was significant on many levels. “I think in some ways, we’ve seen the ceiling being broken, not only within the Houston area and Texas, but also nationally in terms of an open lesbian being elected into the highest-level office in the metropolitan area for the fourth largest city in the country,” he said.
four
Justice Department criticized for DOMA defense: Gay activists were outraged in June when the U.S. Justice Department defended the anti-gay Defense of Marriage Act by citing child rearing and procreation as reasons why a court should dismiss a legal challenge of it. Some gay Democratic activists who supported Obama in the 2008 presidential election said administration insiders told them the president was not directly consulted on the brief’s wording, but he nonetheless drew significant criticism. When the Justice Department acted again in August to defend DOMA against a separate challenge, the language was toned down and included a note that “this administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal.”
three
Washington Blade ends 40-year run: After chronicling the LGBT community for 40 years, the Washington Blade published its final issue Friday, Nov. 13. Abruptly forced to close as its parent company, Window Media, went into Chapter 7 bankruptcy, the Blade was widely acknowledged as the LGBT community’s newspaper of record. It covered a range of issues — from the outbreak of the HIV/AIDS epidemic to the advent of same-sex marriage — with a depth unmatched by mainstream media outlets. But coverage of local and national LGBT issues did not end when the Blade locked its doors. Strongly supported by Blade advertisers and readers, the newspaper’s staff quickly founded a new publication and distributed the first issue Nov. 20. The DC Agenda, a local, employee-owned business, is now in its seventh week.
two
Obama signs hate crimes bill: Despite several efforts to derail the bill, President Obama signed the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act into law in October as part of the Fiscal Year 2010 Defense Authorization Act. The act allows the Justice Department to assist in the prosecution of hate crimes based on actual or perceived sexual orientation and gender identity, among other categories. “After more than a decade of opposition and delay, we passed inclusive hate crimes legislation to help protect our citizens form violence based on what they look like, who they love, how they pray or who they are,” Obama said. Opponents had argued the law was tantamount to creating thought crimes and could limit free speech rights.
one
National Equality March hits Washington: Tens of thousands of protesters descended on the nation’s capital in October to urge Congress and President Obama to extend full legal equality to LGBT people. Featuring a mix of veteran speakers and young faces, the weekend event included a march past the White House that ended outside the U.S. Capitol. Participants carried rainbow-colored flags and held signs calling for immediate action to enact equality. The bright, nearly cloudless sky and unseasonably warm weather welcomed crowds as several high-profile speakers called the participants to action. “If you believe we are equal, then it is time to act like it,” said Cleve Jones, a longtime gay activist and one of the chief organizers of the march. “A free and equal people do not tolerate prioritization of their rights. They do not accept compromises. They do not accept delays.”
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
National
Glisten’s 30th annual Day of Silence to take place April 10
Campaign began as student-led protests against anti-LGBTQ bullying, discrimination
Glisten’s 30th annual Day of Silence will take place on April 10.
The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth.
It takes place annually and has multiple ways for supporters to get involved in the movement.
Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence.
There are three main ways for the community to get involved in the Day of Silence.
Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…”
Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link.
Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence.
Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence.
“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
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