National
Pelosi presses GOP on DOMA defense contract
Minority leader asks why Democrats excluded from negotiations
House Minority Leader Nancy Pelosi (D-Calif.) on Wednesday stepped up the pressure on Republican leadership to answer questions about cost and transparency over the recently signed contact allowing a private attorney to assist with defending the Defense of Marriage Act in court.
In an April 20 letter to U.S. House Speaker John Boehner (R-Ohio), Pelosi says questions remained unanswered about hiring Paul Clement, an attorney with King & Spalding, to help the House general counsel with defending DOMA in court because Democratic lawmakers weren’t informed of negotiations prior to the contract signing.
“Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contract’s transparency, cost, the discount and the restrictions placed upon King and Spalding’s vast lobbying practice,” Pelosi writes.
On Tuesday, the House contract with Clement was made public, revealing that House general counsel Kerry Kircher has hired the private attorney to assist with defending DOMA for a total sum that could reach $500,000 and at a blended rate of $520 an hour.
Among Pelosi’s inquiries is whether King & Spalding won the contract after a bidding process or if the selection of the firm was made as a sole source contract. The Democratic leader also asks how the $520 an hour rate for Clement was determined and the total possible sum of $500,000 for his work.
On Feb. 23, U.S. Attorney General Eric Holder notified Congress that President Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, Boehner directed the House general counsel to take up defense of DOMA in place of the administration.
In response to the letter, Michael Steel, a Boehner spokesperson, said he hopes Pelosi’s concern over DOMA defense costs means she’ll back the speaker’s call to redirect funds from the Justice Department to Congress to pay for the House defense of DOMA.
“The minority leader’s new-found concern for saving taxpayers money is encouraging,” Steel said. “We hope it means we can count on her support for reducing DOJ’s budget to recoup any costs incurred by the House so that taxpayers will bear no added cost for the administration’s refusal to defend the laws of the United States.”
The full text of letter of the letter follows:
April 20, 2011
The Honorable John A. Boehner
Speaker of the House
H-232, The Capitol
Washington, D.C. 20515Dear Mr. Speaker:
The release of the contract between the House of Representatives and the law firm of King and Spalding concerning litigation on the Defense of Marriage Act (DOMA) raises many questions. While the Democratic Members of the Bipartisan Legal Advisory Group (BLAG) opposed the decision of the Republican Members to authorize involvement in the DOMA lawsuits, that opposition in no way diminished the need for normal oversight of the terms of any contract signed by the Republican Leadership obligating the House of Representatives to pay half a million dollars of taxpayer money for private attorneys. Yet the Democratic representatives on the BLAG, and the Democratic members of the Committee on House Administration, were provided with no information about the contract prior to or, at the time of, its being signed on April 14th. Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contract’s transparency, cost, the discount and the restrictions placed upon King and Spalding’s vast lobbying practice:
TRANSPARENCY
Did the BLAG or any House entity issue a call for bids, or was the selection of King and Spalding made as a sole source contract? Who specifically made the decision to hire this firm, and what criteria were used? Why was the Democratic membership of the Committee on House Administration not informed of the ongoing negotiations with King and Spalding and provided an opportunity to participate in order to assure a transparent process to prevent taxpayer dollars from being wasted?
COST
How was the $520 dollar an hour “blended rate” for attorneys negotiated, and how was the $500,000 fee established? Was there a determination that $500,000 would be sufficient to pay for the complete legal representation in the 12 pending cases, and if so, who made that determination and how? Is $520 an hour the regular rate normally charged by King and Spalding attorneys? What are the specific hourly rates that will be charged by each of the King and Spalding attorneys listed in section 5 of the contract? Is it anticipated that King and Spalding will represent the House in all 12 pending DOMA cases from the trial stage through any and all appeals?
DISCOUNT AND ETHICS
The contract states that other fees may be assessed at 75% of the firm’s regular charges. What “other fees” are contemplated, and how was the 75% rate established? Is it the standard practice of King and Spalding to give a 25% discount for non-attorney time to all government agencies or does the discount only pertain to the House Republican leadership? Did the Ethics Committee review the proposed contract discount to ascertain whether it complied with all House ethics rules governing the provision of gratuities to the House by a commercial entity? If so, please provide the written opinion of the Ethics Committee.
LOBBYING
Please provide a copy of all written restrictions imposed on King and Spalding’s extensive lobbying practice to ensure that no conflicts of interest arise on behalf of its extensive list of corporate clients while that firm is employed by the House.
Thank you for your timely response to this letter and my letter of April 18th.
Best regards,
NANCY PELOSI
Democratic Leader
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.

