National
‘Day of Rage’ protests held over India sodomy ruling
Advocates gathered in Delhi, Mumbai, D.C., London
LGBT rights advocates in Bangalore, India, on Dec. 15, 2013, protest the Indian Supreme Court ruling that recriminalized homosexuality. (Photo courtesy of Neha Nambiar)
Thousands of LGBT rights advocates in India and around the world on Sunday took part in “Day of Rage” protests against last week’s India Supreme Court ruling that recriminalized homosexuality.
Activists and their supporters gathered in Delhi, Mumbai, Chennai, Kolkota and other Indian cities to express their outrage over the Dec. 11 decision. Protests also took place outside the Indian embassy on Massachusetts Avenue, N.W., in Northwest D.C. and in New York, London, Toronto and other cities.
“I was especially overwhelmed to see parents of individuals from the community standing up for their kids,” Neha Nambier told the Washington Blade after she took part in a protest against the decision in Bangalore in the southern Indian state of Karnataka.
Omkar, an engineer from Bangalore who did not provide his last name to the Blade, took part in the same protest.
“This verdict encroaches upon my freedom of living life, and it threatens to snatch my dignity,” he said. “Not just mine, but of everyone else too. Therefore, I feel, I must protest against this verdict and voice my concern.”
Mahesh Natarajan, a gay man who has lived with his partner for nearly a decade, also took part in the Bangalore protest.
“I felt betrayed, let down, outraged,” he told the Blade as he discussed the decision. :For me, it is the supreme court abdicating its responsibility and by throwing us back in the hands of the possibly homophobic majority.”
Nearly three dozen people took part in a candlelight vigil outside the Indian embassy near Dupont Circle on Dec. 13.
Members of KhushDC, a group for LGBT South Asians who live in the Washington metropolitan area, placed a rainbow flag in the hand of the Mahatma Gandhi statue near the intersections of 21st and Q Streets, N.W., and Massachusetts Avenue. An unidentified official with the Indian embassy asked the protesters to remove the flag from the monument before the vigil began.
Nearly two dozen people gathered outside the Indian embassy two days earlier to protest the ruling.
“We are together because we want to show the strength of our community and people have been upset by the incredibly intolerant decision of the Supreme Court of India,” said KhushDC President Sapna Pandya during the Dec. 13 vigil.
Vanlal Hruaia of Cheverly, Md., who is from the Northeastern Indian state of Mizoram between Bangladesh and Myanmar, held a sign written in Hindi script during the candlelight vigil that read “I have loved, not committed a crime.”
He described the 2009 Delhi High Court ruling that struck down the country’s colonial-era sodomy law as a “great baby step in moving forward and being open-minded.” Hruaia added he feels the Indian Supreme Court decision that reinstated it is a “Stonewall moment” for LGBT Indians.
“Gays have been marginalized like crazy since British rule came to India,” he said, noting Hinduism recognizes what he described as a third gender. “It’s only when the British came that they marginalized the third-gender people that they’ve been living on the edge of society. And we’ve somehow failed to move beyond that.”
India is now among the 41 U.K. commonwealth countries in which homosexuality remains criminalized.
Sonia Gandhi, president of the Indian National Congress, which is one of the country’s two main political parties, on Dec. 12 criticized the Indian Supreme Court’s ruling.
U.N. High Commissioner for Human Rights Navi Pillay in a Dec. 11 statement described the decision as a “significant step backwards.” She also urged the Indian government to review the ruling.
U.S. State Department spokesperson Jen Psaki last week declined to say how the White House would pressure New Delhi to repeal the country’s colonial-era sodomy law in response to questions from the Blade and other media outlets.
Indian Law Minister Kapil Sibal said his government will consider ways to overturn the decision. It remains highly unlikely lawmakers will decriminalize homosexuality before next year’s elections because members of the socially conservative Bharatiya Janata Party, which observers have labeled as Hindu nationalist, and their political allies will likely block any such proposal.
“The judges seem to have decided that they were speaking for a ‘real India’ that finds all this distasteful or worse and against that view all the legal skill on our side was of no use,” Vikram Doctor of the Times of India newspaper told the Blade. “If anything it confirmed their feelings that this was all elite urban outrage.”
LGBT rights advocates are planning to ask the Indian Supreme Court to reconsider their decision. They are also scheduled to meet in New Delhi on Dec. 22.
“I don’t think this is going to be as easy to change as people are hoping,” said Doctor. “All the support we are seeing now is wonderful and heart-warming, but it remains to be seen how much difference it will make over time and when we are up against this ‘real India’ attitude which is quite widespread.”
Tushar Malik, a Human Rights Campaign fellow from New Delhi, told the Blade during the Dec. 13 vigil outside the Indian embassy in D.C. that a lot of “dissatisfaction with this decision” remains in India.
“It’s a shame to our democracy,” he said.
Harjant Gill, a D.C. anthropologist from Chandigarh in Northern India, said the outrage over the Indian Supreme Court’s decision he has seen on social media networks demonstrates his countrymen increasingly support LGBT rights. He told the Blade after he attended the D.C. vigil on Dec. 13 that most people with whom he has spoken in India since the judges announced their ruling described it as “incredibly stupid.”
“They don’t understand this is moving the country in the wrong direction,” said Gill. “A lot of people see gay rights as a human rights issue and the fact that the India Supreme Court did this says something about their commitment to human rights and that in fact they’re maybe not committed to human rights.”
“Queer Indians have always been a fractured lot across race, caste, religion, economic status, language, gender, sexuality, colour and everything else, and find it hard to come together,” added Natarajan. “This judgment has already brought us together to a larger degree than anything else so far. Every liberal Indian is coming out and speaking out. We got to build on this and make this our stonewall moment. There isn’t any other choice.”
Omkar had a similar message for the court.
“We are simply asking [it to] let consenting adults decide how they express feelings of mutual love and affection,” he told the Blade.
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.
A Sondheim masterpiece ‘Merrily’ rolls onto Netflix
ROSENSTEIN: Vote McDuffie for mayor of D.C.
New book celebrates 1970s dance music icons
Report: Grenell wants Russian ambassadorship
