National
2012 could prove landmark year for marriage rights
Will Washington, New Jersey, Maryland legalize gay nuptials?
This could be a landmark year in the marriage equality movement, as several states appear close to enacting marriage rights for gay and lesbian couples.
Advocates are working to legalize marriage rights for gay couples in Washington State, Maryland and New Jersey; efforts are also underway to pursue civil unions in Colorado. Meanwhile, opponents are hoping to repeal same-sex marriage in New Hampshire.
Washington State could be in the strongest position among other states where advocates are undertaking efforts to legalize marriage equality. The legislation was introduced last week by request from Gov. Chris Gregoire (D), who announced her support in a news conference Jan. 4.
“I’m announcing my support for a law that gives our same-sex couples in our state the right to receive a marriage license in Washington — the same right given to our heterosexual couples,” Gregoire said. “It is time, it’s the right thing to do — and I will introduce the bill to make it happen.”
The number of co-sponsors for the legislation in the House already exceeds the votes needed for passage there. In the Senate, the legislation has 23 co-sponsors, which is two supporters short of 25 votes needed for passage.
Josh Friedes, marriage equality director for Equal Rights Washington, said he’s “really delighted” with the level of support the legislation has found upon introduction — especially from two Republican state senators who’ve already signed on in support.
“That was really important because it shows Republicans in Washington State that the moral arc is bending toward support for marriage,” Friedes said.
The Washington State Legislature is meeting only for a 60-day period this year, so if legislation is to make it to Gregoire’s desk, the marriage bills would have to pass by March 8. Per legislative rules, one version of the legislation would have to pass either the House or Senate by Feb. 14. Committee hearings are scheduled Monday.
In Maryland, Gov. Martin O’Malley is set to introduce marriage equality legislation as part of his legislative package for 2012. Last year, the bill legislation passed the Senate, but advocates pulled the bill from the House floor after they determined they didn’t have enough votes for passage.
Lesbian Del. Mary Washington (D-Baltimore City) said chances for passage in the House have “greatly improved” now that O’Malley has made marriage a legislative priority.
“We’ve had the whole summer to talk to people, we’ve got more people involved and I think it will have a better shot,” Washington said.
Washington added that assigning the bill jointly to two panels — the Health & Government Operations Committee and the Judiciary Committee — would broaden the number of lawmakers who will hear testimony on marriage.
“I think as more delegates get to see what impact the current exclusion of gays and lesbians from the right to marry is doing for Maryland families, I think they’ll understand that passing civil marriage will be the right thing to do,” Washington said.
As far as timing for the vote, Washington said she thinks the vote on the marriage bill will take place before March — when it happened last year — because of the heavy workload lawmakers face this time around.
But Washington State and Maryland will face additional challenges even if the governors in those states sign the marriage legislation into law because residents there could put the measures on the ballot in November through a voter-initiated referendum process.
In Washington State, the signatures needed to bring a measure to referendum is 4 percent of the total votes from the last gubernatorial election, which in terms of absolute numbers would be 120,577 names. In Maryland, a total of just 55,736 signatures is necessary to put a law on the ballot in the upcoming election.
Washington said a referendum on the marriage bill in Maryland is a possibility for which advocates of same-sex marriage must prepare.
“I’m hoping that it doesn’t go to referendum, but if it does, I’m confident the citizens of Maryland will know that it’s time for all families and people to be treated equally under the Maryland Constitution,” Washington said.
Friedes said advocates in Washington State are taking “nothing for granted” after previous losses of same-sex marriage at the ballot and encouraged LGBT families to talk to others there about “why marriage matters.”
“We need to grow the number of people who support marriage equality and make sure that those who do, vote,” Friedes said. “The thing that would hurt us the most is if people become over-confident.”
Another state where advocates are hoping for passage of same-sex marriage is New Jersey, where legislation was introduced last week in both chambers of the legislature. A Senate committee is set to hold a hearing on the legislation Tuesday and the Assembly is expected to have one afterward.
But New Jersey is unlike Washington State or Maryland in that its governor, Republican Chris Christie, campaigned on a promise to veto any such bill that reached his desk.
However, when asked about the marriage bill this month, Christie didn’t reiterate his pledge to veto and made comments suggesting that his tune may have changed on the issue.
“When forced to make a decision, if forced to make a decision on it, I’ll make a decision,” Christie reportedly told NJ.com in Camden, N.J.
Gay Assembly member Reed Gusciora (D-Princeton) said he “wouldn’t rule the governor out” as someone who would sign the marriage bill if it reaches his desk.
“In the last several weeks, he’s visited four out of the six states that have marriage equality: Iowa, New Hampshire, Massachusetts and New York,” Gusciora said. “I don’t think he saw any diminishment in the institution of marriage other than when Newt Gingrich was around.”
Gusciora added he thinks the legislation has a “good shot of passage” in the legislature and the bill should reach Christie’s desk by the end of February.
New Jersey has no voter-initiated referendum process, so if Christie signs or allows the legislation to become law, it’ll stay on the books.
In Colorado, advocates are pressing to push civil unions legislation into law. Last year, the legislation was approved by the Senate, but a House committee voted 6-5 against reporting it out to the floor.
Sarah Warbelow, state legislative director for the Human Rights Campaign, said the legislation will have to go through the Senate once again because the House committee voted to kill the bill last year.
“All indicators suggest had it gotten out of committee, it would have passed on the floor of the House, which is why advocates felt comfortable enough to really push to have it come up again rather than waiting until after elections and then having new legislators in place,” Warbelow said.
Warbelow added Colorado has a longer legislative session that extends until May, so the civil unions bill may not be acted upon as soon as the marriage bills in other jurisdictions.
Advocates are pursuing civil unions in Colorado as opposed to marriage rights because the state constitution has an amendment defining marriage as between one man and one woman.
While progress on relationship recognition could come in those states, there is also the potential for repeal of same-sex marriage in New Hampshire.
Gov. John Lynch (D), who signed marriage equality into law in 2009, has pledged to veto repeal, but the Republican supermajority of the legislature may have enough votes to override his veto.
Warbelow said the legislature is “highly likely” to pass the repeal legislation in the first round, but “all the effort” has been focused on making sure there aren’t enough votes to overturn Lynch’s veto.
The legislature has pushed back the timing for the repeal vote. According to the Eagle Tribune, House Majority Leader D.J. Bettencourt said he won’t bring up the repeal measure until February.
“We must deal with some critical financial and economic-related legislation first, as well as legislative redistricting, prior to any discussion of gay marriage,” Bettencourt was quoted as saying. “It’s critical to keep legislative priorities in their proper order.”
Other bills related to advancing marriage rights for same-sex couples could emerge in Illinois and Rhode Island; both states passed civil unions last year.
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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