National
Pelosi foresees ‘Don’t Ask’ end by year’s end
Speaker wants Obama to end policy administratively
House Speaker Nancy Pelosi spoke at the Gay & Lesbian Victory Fund Awards Gala (Blade photo by Michael Key)
U.S. House Speaker Nancy Pelosi (D-Calif.) on Wednesday reiterated her prediction that “Don’t Ask, Don’t Tell” would be a memory by the year’s end — despite the failure of the Senate last week to move forward with repeal legislation — as she maintained the president has the ability to stop troop discharges without a change in law.
Asked by a reporter whether she’s spoken with Senate Majority Leader Harry Reid (D-Nev.) about the Senate taking another shot at “Don’t Ask, Don’t Tell,” Pelosi replied, “That will be gone by executive — that will happen with or without Congress.”
“I don’t think it has to depend on whether it passes the Senate,” she continued. “The process will work its way through and the president will make his pronouncement.”
The speaker spoke to reporters after she gave a speech at the Gay & Lesbian Leadership Awards at the W Hotel, which was hosted by the Gay & Lesbian Victory Fund.
During her speech, Pelosi made similar assurances and promised that “Don’t Ask, Don’t Tell” will be “gone by the end of the year.”
“Some are here tonight who serve in the military,” she said. “God bless you for your courage and your patriotism. … But because of courage of some of them, this will be gone by the end of the year.”
Pelosi previously predicted in May that “Don’t Ask, Don’t Tell” would be “a memory” by the end of this year during an interview with the Hill newspaper.
Speaking to reporters, Pelosi said Congress got the ball rolling on repealing “Don’t Ask, Don’t Tell” to get lawmakers on record on the issue and so the change would be “in statute and all of that.”
The House in May passed an amendment that would repeal “Don’t Ask, Don’t Tell” as part of the fiscal year 2011 defense authorization bill.
“But even the bill that we passed said that it was contingent upon the recommendation of the president’s … review,” she said. “The only difference would be statute versus the president [making a policy change.]”
Pressed on whether she thinks the executive branch would ultimately be responsible for ending “Don’t Ask, Don’t Tell,” Pelosi replied, “That’s where it was anyway.”
“Others wanted to have more, so we tried to do more,” she said. “We’ll work very closely to try to see what happens after the election.”
Pelosi has previously said President Obama can issue an executive order to stop discharges under “Don’t Ask, Don’t Tell” without action from Congress.
Supporters of “Don’t Ask, Don’t Tell” repeal have been calling on Obama since the beginning of his administration to issue an order to stop the discharges under the law, but the president hasn’t taken such action.
Asked whether she would call on Obama to issue an order to end “Don’t Ask, Don’t Tell,” Pelosi replied, “That is the unfolding that we will see.”
“I’m very pleased with the course that the president’s on, but I think that they we shouldn’t be discharging people until that happens — so that, we have a little separation of — in terms of policy on that,” Pelosi said.
Pelosi added House members who support “Don’t Ask, Don’t Tell” repeal were “very disappointed” the Senate didn’t have sufficient votes to end a filibuster on moving forward with legislation that would end the law.
“In the Senate, the Republicans held up the bill entirely so it couldn’t even be considered, so it was very disappointing,” she said. “They went really out of their way to try to block this.”
Pelosi also reiterated her position that the Employment Non-Discrimination Act wouldn’t see a House vote until legislative action is complete on repealing the 1993 law barring open service in the U.S. military.
“I told everyone that right from the start — that if we want to go down the ‘Don’t Ask, Don’t Tell’ route, then we’d have to put ENDA in a different place,” she said.
Pelosi said initial plans for the 111th Congress were to take on hate crimes protections legislation followed by ENDA and then “Don’t Ask, Don’t Tell.” But she said the House ended up acting on “Don’t Ask, Don’t Tell” first before ENDA because there was “a lot of enthusiasm about changing the order.”
During her speech, Pelosi maintained the importance of the mid-term elections and said “the fabric of our middle class and strength of our democracy” is at stake.
Pelosi added that the election results will also “accelerate the pace of passing ENDA or set us back.”
The speaker said she believes the votes are in the U.S. House to pass ENDA, but expressed concern about a motion to recommit that could derail the bill.
The motion to recommit is a legislative manuever that opponents of ENDA could use to scuttle the bill when it comes to the House floor.
“I think we have the votes for it, but we have to resist the motion to recommit,” Pelosi said. “We can’t pass the bill unless we can resist all of the bad things that they could do to the bill along the way.”
Also speaking at the event were gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.).
During his speech, Frank emphasized the importance of keeping a Democratic majority in the next Congress and questioned those who would criticize lawmakers who support LGBT rights for the lack of progress on pro-LGBT bills.
“I understand people being unhappy about that,” he said. “What I do not understand is people who think that the way to respond to the fact that we weren’t able to get things done is further to empower the people who kept us from getting them done.”
Frank urged attendees to “bitch and fight” all the way to the polls to re-elect a Democratic majority in the U.S. House because Pelosi has been such a strong supporter of LGBT rights.
“Neither Tammy, nor I, nor anybody else has ever had to ask for her to support us,” Frank said. “We take that for granted and she has been the been the single most important public official in the history of the United States to be fully committed to our agenda not just as a matter of support, but as matter of her own personal involvement.”
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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