National
Push for LGBT bills continues during recess
Activities planned in local districts while Congress takes break
Advocacy groups are planning to take advantage of this month’s congressional recess by stepping up efforts with district offices to build support for pro-LGBT initiatives while lawmakers are at home.
One joint effort between the Human Rights Campaign and Servicemembers Legal Defense Network, for example, is geared toward influencing senators to support repealing “Don’t Ask, Don’t Tell” when the issue comes before the Senate, possibly in September.
As part of this same effort, HRC is also working on building support for bringing the Employment Non-Discrimination Act to a House vote.
Meanwhile, grassroots LGBT group GetEqual is considering ways to expand its direct action work outside the Capital Beltway to reach lawmakers in their home districts.
HRC and SLDN last week announced their effort, called Countdown 2010, which aims to mobilize new grassroots efforts to build support in part toward ending “Don’t Ask, Don’t Tell” in the Senate.
Marty Rouse, HRC’s national field director, said the effort consists of engagement from the organization’s field team as well as encouraging HRC members to reach out to key lawmakers.
“We can’t just talk to our legislators and members of Congress inside the Beltway,” Rouse said. “We have to talk to them in the district so that they see that there’s interest and concern back home.”
Aubrey Sarvis, SLDN’s executive director, said the effort will last until lawmakers return from their August recess and vote on the fiscal year 2011 defense authorization bill, the legislative vehicle to which the Senate Armed Services Committee in May attached a provision that would lead to “Don’t Ask, Don’t Tell” repeal.
“We’ll be down in the targeted states with veterans, former clients of SLDN, friends and family of veterans — hopefully to visit with senators and their key staffers to urge senators to support, one, the [Defense Department] bill and, secondly, to support the provisions in the bill as it came out of the Senate Armed Services Committee,” Sarvis said.
The “Don’t Ask, Don’t Tell” portion of the Countdown 2010 effort is focused on influencing senators in 10 states — Arkansas, Indiana, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, South Dakota and Virginia — where HRC and SLDN feel they don’t have a firm commitment from senators on the issue.
Rouse said the senators in the states on which HRC is focusing its efforts are Blanche Lincoln (D-Ark.), Mark Pryor (D-Ark.), Richard Lugar (R-Ind.), Jon Tester (D-Mont.), Max Baucus (D-Mont.), Mike Johanns (R-Neb.), John Ensign (R-Nev.), Judd Gregg (R-N.H.), Byron Dorgan (D-N.D.), Kent Conrad (D-N.D.), George Voinovich (R-Ohio), Tim Johnson (D-S.D.) and Mark Warner (D-Va.).
Although Rouse said HRC’s field team is engaged in nearly all of these states throughout the country as part of this effort, he added efforts aren’t yet underway in Montana because of priority and efficiency reasons.
“Montana is a big state, and it’s hard to cover and hard to get to,” Rouse said. “There’s no one in Montana right now, but there will be.”
One of the senators on the list has already publicly indicated his position on “Don’t Ask, Don’t Tell” in the defense authorization bill. Last month, Lugar told the Blade he wouldn’t support removing the “Don’t Ask, Don’t Tell” language from legislation and is unlikely to support a filibuster of the main bill.
Sarvis said SLDN feels Indiana should nonetheless be among the states on which efforts are focused.
“With Sen. Lugar, the commitment is not as firm and unequivocal as we would like, so we hope to engage him back home,” Sarvis said. “But, yes, we are somewhat encouraged by what Sen. Lugar has said to date. But, again, it’s not done until all the votes are cast.”
Also as part of Countdown 2010, HRC is working to influence senators in the targeted states on ENDA while engaging House members in North Carolina, Pennsylvania and Texas to build support for the bill. Rouse said urging senators to support ENDA in these three additional states is less of a priority.
“We really focused on the House and we need to do significant [work] in House districts throughout the country before we even can think of the Senate,” Rouse said. “Our focus right now in the field is making sure that we target these House members. That’s most important.”
Paul Guequierre, an HRC spokesperson, said the efforts in North Carolina, Pennsylvania and Texas are geared toward influencing House Democratic members in these states that aren’t ENDA co-sponsors.
Five of eight House Democrats from North Carolina, five of 12 House Democrats from Pennsylvania and five of 12 House Democrats from Texas aren’t co-sponsors, Guequierre said.
Sarvis said the shared work between HRC and SLDN in this effort would complement the strength of each organization. He noted that HRC has more field organizers and thus would provide more field workers to the effort while SLDN would bring more service members and veterans.
“Whether it’s working with field organizers in place or SLDN veterans, clients, it’ll be a matter of sharing resources and bringing that [all] together over the next six to eight weeks in the most efficient way possible,” Sarvis said.
Rouse said HRC would look at local media to determine whether efforts in these states are making progress and noted that efforts in many states have already produced results.
“We’ve already seen letters to the editor printed, op-eds printed and meetings with the Senate staff have already taken place,” he said. “None of this would have happened were it not for HRC’s staff being on the ground, mobilizing and reaching out to people.”
But for SLDN, evaluating the progress of Countdown 2010 would depend on the results of the meetings with senators and their staffers in these states.
“But the bottom line is you won’t know until the votes have been cast,” Sarvis said. “In some cases, we may get affirmative answers over the next several weeks, but I suspect that in many cases, we won’t get a definitive answer until the senators’ votes.”
GetEqual plans district actions
Meanwhile, GetEqual is planning efforts to draw more attention to ENDA as lawmakers return from break. The efforts are intended to build off previous protests last month in Las Vegas and at the U.S. Capitol.
Robin McGehee, co-founder of GetEqual, said her group has been talking with local organizers about working collaboratively on direct action throughout the country on ENDA and “Don’t Ask, Don’t Tell.”
“We’re trying to work to set up some in-district actions,” she said. “At this moment, we don’t have any targets that we’ll release only because we’re trying to figure out where is the weakest link and what we feel like is going to be strategically the best one to plan most of our attention.”
McGehee said GetEqual will be sending out instructions on ways people can engage in the political process as lawmakers work in their home district.
“It may be some people planning actions; it may be just giving them avenues of engagement that can just get them to engage their legislator around ‘Don’t Ask, Don’t Tell’ or ENDA,” she said.
McGehee said GetEqual is looking at lawmakers’ speaking engagements, town halls, fundraisers and office times as possible opportunities for action.
Wherever the actions take place, McGehee said GetEqual is in part learning from the tactics that conservative protesters used in interrupting town hall meetings last year over health care reform.
“Obviously, you don’t want to be compared to someone who has a conservative platform,” she said. “But, in my opinion, one of the things that we did learn from watching that was the squeaky wheel was getting the grease.”
In the past month, GetEqual asked supporters which of four lawmakers should be targeted for direct action over ENDA: U.S. House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), Rep. Barney Frank (D-Mass.) or Rep. George Miller (D-Calif.).
According to GetEqual, Pelosi won 46.5 percent of the vote, Reid won 18.5 percent, Miller took 17.6 percent and Frank took 17.4 percent. The organization declined to make public the total number of votes.
McGehee said the first and second place rankings of Pelosi and Reid were behind a protest last month in Las Vegas, which was directed against Reid, and another protest in the U.S. Capitol, which targeted Pelosi.
But whether GetEqual continues to target Pelosi and Reid during their August break remains to be seen.
“I don’t know for sure that we’ll go back to those targets,” McGehee said. “Honestly, for us, it’s just looking at where you have local organizers that also want to be involved, and finding out from the advocacy groups that really have the inside strategy where do they feel like the hold up is actually happening.”
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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