National
N.J. Senate kills marriage legislation
The New Jersey State Senate on Thursday defeated legislation that would have legalized same-sex marriage in the Garden State, but plans are already brewing to obtain marriage rights for gay couples through litigation.
Senators voted down the measure, 14-20, following a 90-minute debate. After the vote was recorded, opponents of gay nuptials filled the Senate chamber with cheers and applause.
The bill’s failure almost certainly means New Jersey won’t see the legalization of same-sex marriage through legislative means anytime soon. Republican Governor-elect Chris Christie will begin his four-year term Jan. 19, and he’s pledged to veto any marriage bill that comes to his desk.
Outgoing Gov. Jon Corzine (D) in a statement Thursday expressed disappointment about the outcome of the vote, although he commended the Senate for having public debate on the issue.
“Most assuredly, this is an issue of civil rights and civil liberties, the foundation of our state and federal constitutions,” he said. “Denying any group of people a fundamental human right because of who they are, or whom they love, is wrong, plain and simple.”
Celebrating the victory was the National Organization for Marriage. In an e-mail blast, Brian Brown, the organization’s executive director, praised followers who “made phone calls, sent e-mails, and prayed” in opposition to same-sex marriage.
“Yet again, we have witnessed a tremendous victory for marriage in a state where just a few months ago, victory seemed unlikely at best,” he said.
Immediately following the vote, Kevin Cathcart, executive director of Lambda Legal, announced in a statement plans to pursue the legalization of same-sex marriage in New Jersey through court action.
“The requirement to ensure equality for same-sex couples, established by the New Jersey Supreme Court in its decision in our marriage lawsuit in 2006, has not been met,” he said. “There is enormous, heartbreaking evidence that civil unions are not equal to marriage, and we will be going back to the courts in New Jersey to fight for equality.”
New Jersey won’t ‘go all the way backwards’
In a conference call following the vote, Steven Goldstein, chair of Garden State Equality, said advocates of same-sex marriage have had “a seamless transition from our legislative phase to our court phase.”
“It’s not a situation where New Jersey will go all the way backwards,” he said. “In New Jersey, the Supreme Court ruled in 2006 that same-sex couples must receive equal treatment under the law as a state constitutional matter.”
Goldstein said he didn’t yet know details about the litigation, such as who would become plaintiff couples or when the New Jersey Supreme Court would hear the case.
Reflecting on the vote, Goldstein said the marriage bill didn’t succeed for one reason: the failure of Corzine to win re-election in November.
“We had at minimum 22 votes in the Senate … and we were going to win this clearly in the Assembly,” he said. “At some point immediately after the election, we saw the fortunes change.”
Goldstein said Corzine was “a star supporter of marriage equality” throughout most of 2009, but added “it did take him a while to get there.”
“We were very honest in our statement today in saying that this bill should never have waited until sudden death overtime — the lame duck session,” he said. “And obviously we’re disappointed in that.”
Opposition to the bill also increased, Goldstein said, because Christie visited Republican senators before the debate and urged them to vote against the legislation.
“We understand from impeccable sources that Governor-elect Christie went to the Republican Senate caucus and in the Republican Assembly caucus and told members who were going to vote for marriage equality, ‘I don’t want to see any marriage equality votes coming out of this caucus,’” Goldstein said.
Even though they thought they might not win, Goldstein said advocates held the vote in the Senate because they believed it would bolster the chances of litigation.
“We consulted and spoke with lawyers far and wide who said the New Jersey Legislature has to show its dereliction of duty affirmatively to go back to court — because they said it’s up to the Legislature to act,” he said. “Today the Legislature acted. It defaulted on its constitutional obligation to provide same-sex couples equality.”
Noting that a number of lawmakers who voted against the marriage bill also conceded on the floor civil unions aren’t working, Goldstein said the Senate record will also help persuade the courts that civil unions aren’t adequate in providing protections for same-sex couples.
Passionate flare on Senate floor
Several senators gave emotional speeches on both sides of the marriage issue on the Senate floor before the vote was taken. State Sen. Loretta Weinberg, a Democrat and sponsor of the marriage legislation, was among those who spoke in favor of the bill.
“Men and women do not have a monopoly on loving relationships,” she said. “We all know same-sex couples that enjoy the same love and trust that is shared between a man and a woman, between a husband and a wife.”
Also speaking out in favor of the legislation was State Sen. Raymond Lesniak, another Democrat who sponsored the bill.
Noting that 120 religious leaders sent a letter to the New Jersey Senate in support of same-sex marriage, Lesniak said the failure of the chamber to pass the legislation would amount to religious discrimination.
“Unless we vote for marriage equality, we will be interfering with the religious beliefs of many of our citizens,” he said. “Government is wrong to interfere with religious beliefs. Today, we can right that wrong.”
State Sen. Bill Baroni, the lone Republican to vote in favor of the marriage legislation, said New Jersey’s current system of offering civil unions to same-sex couples amounted to discrimination perpetuated by the government.
“Government says [these couples] are different and segregates from the married couples, and that is textbook, old-fashioned discrimination — where government looks at people and discriminates against them,” he said.
Equally emotional were speeches against same-sex marriage. State Sen. Michael Doherty, a Republican, criticized the process that advocates had chosen to legalize same-sex marriage and called instead for a referendum on the issue.
“Suddenly today, you’re somehow crazy if you want the people of New Jersey to decide this issue like they have in 31 other states,” he said. “This is about the process; this is about letting the residents of New Jersey decide a major redefinition that has been recognized for thousands and thousands of years.”
Also opposed to the legislation was State Sen. Sean Kean, another Republican who said he voted against same-sex marriage even though he had “the gayest senate district in New Jersey” because it has a significant number of LGBT residents.
“Guess … to those proponents of this bill that I am unfortunately going to disagree with today,” he said. “Sometimes people just disagree with you. Maybe they don’t share your perspective, maybe they don’t share your values, maybe they just disagree with you.”
One senator who spoke in favor of the marriage bill and gave a particularly well-received speech among advocates was State Sen. Nia Gill. A black woman, Gill compared to lack of marriage rights for gay couples to previous laws forbidding interracial marriage and suffrage for women.
“This body cannot advocate its responsibility,” she said. “Once we have taken state action, that state action must be constitutional in its protection.”
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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