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Despite apology, LGBT concerns persist over Hagel

Advocates seek plan on partner benefits for gay troops, openly trans service

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New LGBT concerns are emerging over the potential nomination of Chuck Hagel as defense secretary (public domain photo by Lance Cpl. Casey Jones)

New LGBT concerns are emerging over the potential nomination of Chuck Hagel as defense secretary (public domain photo by Lance Cpl. Casey Jones)

Concerns are emerging in some circles of the LGBT community — now most notably from gay Rep. Barney Frank (D-Mass.) — over the potential nomination of former Sen. Chuck Hagel as defense secretary, despite the apology he issued days ago regarding anti-gay remarks made in 1998.

A handful of advocates who spoke to the Washington Blade are seeking more details over how Hagel would address remaining issues for LGBT service members — such as additional partner benefits for gay troops and the implementation of openly transgender service — beyond what was offered in the statement in which Hagel apologized and said he would be “committed to LGBT military families.”

Richard Socarides, a gay New York-based Democratic advocate, is among those saying Hagel should lay out more specific plan for addressing outstanding LGBT issues at the Pentagon.

“I think that if he is nominated as Defense Secretary, before we as a community agreed to support him, as some groups have already done, it would be important to hear from him what his plan is on implementing ‘Don’t Ask, Don’t Tell’ repeal and on issues like transgender service,” Socarides said. “These kinds of questions would be appropriate for any defense secretary nominee, but they would be particularly appropriate were the nominee Sen. Hagel, who because of his comments would have some convincing to do.”

Hagel is having his name floated for the role at a time when LGBT rights supporters are pushing the Pentagon to grant additional partner benefits to gay service members — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — through administrative changes as well as the implementation of open service by transgender people. Since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, the Pentagon has said that it was looking into the benefits issue, but no action so far has been taken.

Jim Burroway, editor of Tucson, Ariz., based blog Box Turtle Bulletin, also said on Sunday the LGBT community should know more about Hagel’s evolution on these issues “before rushing to embrace him.”

“I do think there has been an unseemly rush to accept his apology, considering he apologized for being ‘insensitive’ but not quite for being wrong,” Burroway said. “A lot of other Republicans who changed their minds have found opportunities to articulate their new positions. I’m still waiting for Hagel to do the same.”

Prior to his apology, the concern over Hagel among LGBT advocates was largely over a 1998 quote attributed to him in the Omaha World-Herald where he called then-nominee for U.S. ambassador to Luxembourg, Jim Hormel, “openly aggressively gay.”

On Dec. 14, Hagel issued an apology to media outlets saying the remarks were insensitive and he’s “fully supportive of ‘open service’ and committed to LGBT military families.” At the time, LGBT groups such as the Human Rights Campaign and OutServe-SLDN accepted Hagel’s apology.

But Hagel also has an anti-gay record while serving in Congress. From 2001 to 2006, Hagel consistently scored a “0″ on the Human Rights Campaign’s scorecards. Hagel voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote on the measure in 2006.

On Monday, gay Rep. Barney Frank announced he was outright opposed to the Hagel nomination on the grounds that the former senator’s 1998 anti-gay remarks and his congressional record on LGBT issues demonstrated “aggressively bigoted opposition” and that Hagel “voted consistently against fairness for LGBT people.”

Speaking to the Blade, Frank said he waited to put out the statement on Monday because he had been on vacation during the previous week, but had been meaning to make known his opposition to the nomination for some time.

“It is important that gay liberals and Democrats not appear to be giving our side a pass,” Frank said. “There’s no doubt Obama’s been very good on LGBT issues. It’s also the case that I don’t think he knew of this statement. A lot of people didn’t; it came out later. But now that it’s out there, I think we have to hold firm. That really was an awful statement.”

Frank said he though the Hormel apology was “very unpersuasive” and he was “surprised” groups like HRC would have accepted the apology on the day it was issued.

“The fact that he would call Jim Hormel ‘aggressively gay’ seems to me an indication of the depth of his dislike of us,” Frank said. “If he said I was ‘aggressively gay,’ I would have said, “‘Well maybe.’ But HRC, I was surprised. I don’t know why they would do that.”

Socarides, an adviser to former President Clinton on LGBT issues at the time Hormel was seeking confirmation, also took issue with the apology and is skeptical of the regret Hagel intended to convey in his statement.

“He did not call Ambassador Hormel or even try to communicate directly with him by email or letter,” Socarides said. “The apology did not address in any specific way why he made the original comments. As I recall, it was fairly clear to us at the time that the Hagel statement was as a result of pressure on him by right-wing groups who were demanding that Republican Senators oppose the nomination. Had he provided some context in the apology it might have been more persuasive.”

Socarides added the apology was “clearly written by someone else, probably by a White House staffer” and “seemed contrived and lacked the kind of context it would need to connote genuine regret.”

The White House didn’t respond to a request to comment on whether it had a role in crafting the Hagel apology or to provide any assurances that the next secretary will address the outstanding issues for LGBT service members in the wake of “Don’t Ask, Don’t Tell” repeal.

Over the weekend, President Obama addressed the potential nomination of Hagel during an interview on NBC’s “Meet the Press,” saying that nothing in Hagel’s record — including his anti-gay remarks — disqualify from the role of defense secretary and that his apology reflects “positive change” in the way the country sees LGBT issues.

“And I think it’s a testimony to what has been a positive change over the last decade in terms of people’s attitudes about gays and lesbians serving our country,” the President said. “That’s something that I’m very proud to have led, and I think the anybody who’s serves in my administration understands my attitude and position on those issues.”

The LGBT community itself is divided on Hagel as defense secretary. Opposition is largely coming from commentators — or in Frank’s case, a lawmaker who soon to leaves Congress — as most LGBT groups have accepted the apology from Hagel.

Mara Keisling, executive director of the National Center for Transgender Equality, is among those saying that the LGBT community shouldn’t view Hagel so harshly considering his apology.

“It was two years after Bill Clinton signed DOMA,” Keisling said. “We’ve forgiven Bill Clinton for something worse than name-calling. The point, largely, of the social justice movement is educating people, and then embracing them when they come over to your side.”

Asked whether LGBT groups should demand a commitment to openly transgender service in exchange for supporting the Hagel nomination, Keisling said those demands are underway and talks have already started at the Pentagon.

“I think we’d like that issue to get raised in confirmation hearings for whomever it is — whether it’s Chuck Hagel or somebody else,” Keisling said. “But the conversations are already starting over at the Pentagon and the next secretary of defense is going to have to be answering to that, regardless of who it is.”

John Aravosis, the gay editor of AMERICAblog often critical of HRC and the Obama administration, was also unprepared to criticize either entity over the Hagel apology or his potential nomination as defense secretary.

Aravosis was critical of the 1998 anti-gay remarks — saying they are along the lines of something the late anti-gay Sen. Jesse Helms would say — but added criticizing LGBT groups like HRC for accepting the apology is tough because what kind of commitments they’ve received offline is unknown.

“Maybe they got massive promises from Hagel directly, saying, ‘I promise I’m going to bend over backwards to work with you on the policy,'” Aravosis said. “Who knows? But that’s also part of the downside of having private conservation, is the rest of us look at it and say, ‘We have no idea why you changed your mind. We’re still uncomfortable.’ That’s the sort of the dynamic we’re in.”

The Human Rights Campaign didn’t respond to a request to comment on whether it had received any private promises in exchange for accepting the Hagel nomination or if they had a role in crafting the apology.

Frank said he thinks the opposition to Hagel is so strong now from both progressive and conservatives that the chances of Obama naming him to the post are nil.

But in the unlikely event Hagel was confirmed as Pentagon chief, Frank said he has no doubt Hagel would implement pro-LGBT policy change if ordered to do so by the White House.

“I believe that he will do whatever the president tells him,” Frank said. “I’m pretty sure if he were appointed, which I don’t think he’s going to be, he would be directed to do the right thing.”

Other high-profile opposition to Hagel has come from Hormel himself, who initially questioned the sincerity of the apology in interviews with the Washington Post and the Blade. However, the former ambassador  appeared to reverse himself in a Facebook posting hours later.

Also noteworthy was a full-page ad in the New York Times taken out by the gay Republican group Log Cabin Republicans in opposition to Hagel on the basis of his anti-gay remarks and his earlier stated views on Israel and Iran. Outgoing Log Cabin executive director, R. Clarke Cooper has said they were paid for by Log Cabin members, but has declined to state how much the ad cost or identify these donors.

Socarides was careful to distance his concern about the Hagel nomination from the outright opposition that Log Cabin expressed in its full-page advertisement.

“I would not automatically oppose him, like the Log Cabin Group seems to have done, and certainly would not endorse using someone else’s money to run an advertisement against him based on his foreign policy view,” Socarides said.

Frank said he was unaware Log Cabin put out an advertisement and utterly rejected the notion his opposition against Hagel was along the same lines as the gay GOP group.

“I was hoping I could to talk to you about substance and not stupid things,” Frank responded to the Blade. “I mean, you sound like Joe McCarthy, saying ‘You’re siding with the Communists.’ I didn’t know that Log Cabin had taken that ad until I wrote my statement. … Do you ever write about substance and never about a lot of political bullshit? Why did I do it? Because I don’t think the man should be secretary of defense. I was on vacation, came back and wrote my statement.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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.”

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

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.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

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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