National
Rising Cain
GOP frontrunner attacked from left and right over marriage
Republican presidential candidate Herman Cain (Washington Blade file photo by Michael Key)
The new GOP presidential frontrunner continues to make headlines on LGBT issues as both pro-LGBT advocates and anti-gay forces express concerns about his candidacy.
Hermain Cain, former CEO of Godfather’s Pizza, said Sunday in an interview on NBC’s “Meet the Press” that he wouldn’t push for a U.S. constitutional amendment banning same-sex marriage if he were elected president.
“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage,” Cain said.
Pressed by host David Gregory on whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”
Cain’s remarks on “Meet the Press” echo comments he made in June during a New Hampshire presidential debate in which he said the issue of marriage should be a “state’s decision.”
The candidate’s lack of support for a Federal Marriage Amendment differentiates him from other Republican candidates — including former Massachusetts Gov. Mitt Romney, Texas Gov. Rick Perry, Rep. Michele Bachmann and former U.S. Sen. Rick Santorum — who’ve called for a Federal Marriage Amendment banning same-sex marriage throughout the country.
The former pizza magnate has come under fire from social conservatives for not endorsing a U.S. constitutional amendment banning same-sex marriage as other GOP candidates have done.
In an interview Sunday with Radio Iowa, Santorum said Cain wouldn’t defend the family as president and compared his position on marriage to President Obama’s.
“The idea that this issue should be left to the states is the position Barack Obama takes and it’s not the right position,” Santorum said. “There needs to be a uniform definition of marriage in this country.”
The National Organization for Marriage has also targeted Cain for not signing the organization’s pledge to oppose marriage equality as president by backing a Federal Marriage Amendment and defending the Defense of Marriage Act in court.
Brian Brown, president of the National Organization for Marriage, said in an e-mail to supporters earlier this month that he hopes Cain will come around to endorse a U.S. constitutional amendment banning same-sex marriage.
“Cain’s comments on a federal marriage amendment have not always been crystal clear and consistent,” Brown said. “I personally hope that means he is in the process of ‘evolving’ on the issue, as the campaign moves forward.”
Despite his position on the amendment, Cain’s lack of support for a Federal Marriage Amendment isn’t winning him any support from LGBT advocates.
Dan Pinello, a gay government professor at the City University of New York, said the LGBT community shouldn’t look to Cain as being more sympathetic than the other Republican candidates.
“The difference among those right-wing Republican candidates on LGBT issues is the difference between Tweedledum and Tweedledee,” Pinello said, “It’s just as simple as that. There isn’t any consequential difference. They hate us, generally, period.”
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, questioned the authenticity of Cain’s remarks on Sunday and said the candidate has “been all over the map” on a constitutional amendment on same-sex marriage.
“It’s not entirely clear where he stands on this,” Cole-Schwartz said. “Certainly his positions have not been consistent.”
In 2004, while running as a U.S. Senate candidate in Georgia, Cain issued a statement against the Masssachusetts court decision that brought marriage equality to the Bay State and called for a U.S. constitutional amendment to rescind the ruling.
“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”
Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”
The assertion that Cain’s position on marriage is the same as Obama’s doesn’t hold up.
For starters, in addition to opposing a Federal Marriage Amendment, Obama voted against the measure as a U.S. senator. Cain has also pledged to defend DOMA in court and has criticized Obama for dropping his defense of the 1996 anti-gay statute in court cases.
Cain also came under fire from LGBT advocates earlier this month for saying that he believes homosexuality is a choice and science hasn’t proven otherwise.
Additionally, Cain said in a January radio interview with anti-gay conservative Bryan Fischer that he would veto the Employment Non-Discrimination Act if it reached his desk. Said Cain, “I would veto that relative to special rights to homosexuals.”
Cole-Schwartz said a Cain presidency would “be a tremendous problem for the LGBT community” based on the candidate’s positions and history.
“Just recently, his comments that being gay is a choice and suggesting that the science proves his point just shows that these are not issues that he has spent time thinking about in a positive way,” Cole-Schwartz said.
Even so, Cain’s positions on some LGBT issues continue to differentiate him among the other Republican candidates.
Earlier this month, Cain told the Huffington Post’s Sam Stein he has no problems with openly gay people serving in the military and wouldn’t seek to reinstate “Don’t Ask, Don’t Tell” if elected president.
“I will not seek it, but I think it is a distraction at this point,” Cain said. “Wherever the military is, the day that I take office, I’m not going to stir that pot because I think it’s an unnecessary distraction at this point.”
Other Republican presidential candidates — including Santorum and Bachmann — have said they would reinstate the gay ban.
However, Cain added he will “listen” if military leaders want “something different” on “Don’t Ask, Don’t Tell” and said if it were never repealed, he would have “been fine with it.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, said Cain has often been “inconsistent” on LGBT issues over the course of his campaign.
“I do think on a macro he’s much more approachable, but there has been some back and forth,” Cooper said. “He’s in a sense demurring in larger public fora on these issues, but when you put him before a more conservative audience, he seems to obviously lean a bit more right.”
Cain’s positions on LGBT issues could become of greater interest if he’s nominated to carry the Republican banner in the general election.
Several polls published over the weekend have Cain leading the Republican candidates or at least have him tied with Romney.
An NBC News/Wall Street Journal Survey conducted earlier this month found Cain leading the pack with support from 27 percent of respondents. Romney came in second with 23 percent of support.
A Public Policy Poll published last week gives him even greater national standing with support of 30 percent of responders while Romney comes in second at 22 percent.
Cain has become known for proposing a “9-9-9 plan” for tax reform, which would replace the current tax code with a 9 percent personal income tax, a 9 percent business transactions tax, and a 9 percent federal sales tax.
Whether Cain will remain at the top of the pack remains to be seen. Other Republican candidates — such as Bachmann and Perry — have shown similar strength in the polls, but later faltered. Romney has consistently been in first or second place in polls as the primary season has geared up.
Pinello said the reason for Cain’s current standing in the polls — as well as the rise and fall of other candidates — is because the religious right and the Tea Party factions of the Republican Party are “desperate to find” an alternative to Romney.
“A year or so ago, Sarah Palin had a flirtation with the Tea Party and the religious right, and then four months ago, the fascination was with Michele Bachmann,” Pinello said. “Then it was Rick Perry, then it was Chris Christie, and now it’s Herman Cain. It’s a series of infatuations with each of these candidates, which, for a host reasons tend quickly to crash and burn.”
Cooper said Cain has started a debate on tax reform with his 9-9-9 plan, but doesn’t think his candidacy will have much traction.
“I suspect that he’s enjoying what he’s doing, but I don’t think he really intends to go all way,” Cooper said. “Maybe this is his way of setting himself up for a potential cabinet appointment.”
Pinello predicted Cain’s standing would fade because of the candidate’s lack of money and organization. According to the most recent Federal Election Commission reports, Cain has raised $5.3 million thus far in the election cycle, while Romney has raised $32.2 million and Perry has raised $17.1 million.
“He just relied entirely upon these debates for promoting himself, and that’s not adequate in a rigorous primary, let alone a general election,” Pinello said. “So, I think he’s a flash in the pan just like the others were. Next month, it’ll be someone else.”
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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