National
EXCLUSIVE: Elizabeth Warren pledges to lead on LGBT rights
Senate hopeful calls on Obama to endorse marriage equality
Elizabeth Warren at Women In Finance symposium (photo public domain)
Elizabeth Warren, who is running to unseat U.S. Sen. Scott Brown (R-Mass.), pledged to support a series of pro-LGBT initiatives and called on President Obama to endorse marriage equality in an exclusive interview with the Washington Blade on Tuesday.
Warren endorsed the idea of an executive order from President Obama that would require companies doing business with the U.S. government to have LGBT-inclusive non-discrimination policies for their workers.
“Any steps that the president can take toward non-discrimination benefit the whole country,” Warren said. “I don’t know how else to say it. It’s the right thing to do.”
The measure is sometimes referred to as the “ENDA” executive order because its effect would be similar to the Employment Non-Discrimination Act, but limited to federal contractors. The White House hasn’t said whether it will issue the directive.
Warren called on President Obama to complete his now 17-month-old “evolution” and endorse marriage equality. She also said she supports the call for a marriage equality plank in the Democratic Party platform this September.
Asked whether she wants Obama to finish evolving and support same-sex marriage, Warren chuckled and responded that was indeed her view.
“I want to see the president evolve because I believe that is right; marriage equality is morally right,” Warren said.
Warren expressed similar sentiments about the Democratic Party platform, saying it would build support for ending the anti-gay Defense of Marriage Act.
“I’d be glad to see it included in the Democratic platform,” she said. “It helps raise awareness of the impact of DOMA and it helps build support to repeal it.”
The platform committee is set to discuss language for the Democratic Party platform when it gathers for the Democratic National Convention Sept. 3 in Charlotte, N.C.
Warren, an expert on the American economy and personal finance, gained notoriety after she chaired the congressional oversight panel for the 2008 bank bailout program. She led the establishment of the Consumer Financial Protection Bureau that was set up by the 2010 Wall Street reform bill, and was a favorite among progressives to head the organization before she launched her Senate bid and Richard Courdray was recess appointed to the role.
Tico Almeida, president of Freedom to Work and among the chief advocates of the ENDA executive order, said “it makes perfect sense” for Warren to come out for the measure because it would ensure taxpayer money won’t go to work environments hostile to LGBT people
“I hope Ms. Warren will telephone President Obama and urge him to pick up his pen and sign the ‘ENDA Executive Order’ that his Justice and Labor departments have drafted and delivered to the White House for his signature,” Almeida said.
Evan Wolfson, president and founder of Freedom to Marry, also praised Warren for supporting the initiatives related to same-sex marriage and called on Obama and the Democratic Party to come into alignment with her views.
“We welcome Elizabeth Warren alongside the many other leaders, and the signers of our online petition, as we urge President Obama and the Democratic Party to stand with Presidents Clinton and Carter in the growing nationwide majority for marriage,” Wolfson said.
Warren, who’s already expressed support for DOMA repeal, also said during the interview that she would take a leadership role in efforts to repeal the 1996 anti-gay law if elected to the Senate.
“I think that DOMA is a terrible statute,” Warren said. “For forever, the federal government has permitted the states to define marriage, and now the federal government steps in and says, ‘Yeah, the states get to do it for most families, but not those families because we don’t like them.'”
If elected to the Senate, Warren would represent a state where more than 13,000 same-sex couples have been legally married. She said DOMA, which prohibits federal recognition of these unions, is “institutionalized discrimination.”
“Being a senator from Massachusetts, it’s possible not just to be a vote in the right direction, it’s possible to provide leadership,” Warren said. “I think that starts by calling out the statute on how wrong it is morally and counter to our basic legal foundation.”
Warren noted that DOMA means a same-sex couple married in Massachusetts won’t have access to federal benefits and that those with grown children, in some instances, can’t visit grandchildren in another state “without being treated during the visit as having a different marital status.”
“I think there’s already legislation pending, but it’s got to have some energy behind it and that means you’ve got to be willing to go out and talk about it — not only here in Massachusetts but around the country on national television to get out and make that case,” Warren said.
Warren conducted the interview with the Blade via phone after she visited Fenway Health, a Boston-based organization that provides health services to the LGBT community and conducts research and advocacy for LGBT health.
She called the work at Fenway Health “extraordinary” because the institute provides both health services and engages in research.
“What they see on the clinical side informs what they’re doing on the research side,” Warren said. “So they get ideas and they’re able to test them, and the two move back and forth. As a result, we have improvement in both health outcomes for those who go to the center. At the same time, developments in research help support advances in health care and other services for LGBT [people] around the country.”
Warren said the visit she paid to the institute was a reminder that community health centers are integral to providing health services. The health care reform measure President Obama signed into law in 2010 makes grants available to such institutions.
“Community health centers are very much supported by the Affordable Care Act,” Warren said. “Republicans have declared war on it — Scott Brown, my Republican opponent, and the Republican presidential candidates have said they will repeal the Affordable Care Act. That would be devastating to community health centers, not just Fenway, but community centers across the country.”
In September, the Department of Health & Human Services awarded the institute $248,000 to help create a national training and technical assistance center aimed at helping community health centers improve the health of LGBT populations.
Warren is running against Brown — a Republican senator representing a “blue” state. Brown won praise from LGBT advocates for voting in favor of “Don’t Ask, Don’t Tell” repeal in 2010, but that was only after he twice voted against defense legislation that included repeal language.
Warren said Brown’s vote on “Don’t Ask, Don’t Tell” repeal was “a good vote” and that he should be commended for it, but added she’d step up the LGBT advocacy if elected to the Senate.
“I’ll be there on every vote,” Warren said. “I’ll be there not just to provide a vote, but leadership, and I think that’s what the LGBT community really needs.”
Warren praised Rep. Tammy Baldwin (D-Wisc.), who’s running for the open seat in Wisconsin in a bid that could make her the country’s first openly gay U.S. senator.
The two have set up a joint fundraising group called the Massachusetts-Wisconsin Victory Fund, which thus far has raised $171,250, and have appeared together in a joint fundraiser in Philadelphia hosted by donor Peter Buttenwieser.
“I was delighted to do the event with Tammy,” Warren said. “We actually did a second [event] together. We were out in San Francisco with other women senators and women challengers. And I hope we’ll have more opportunities to do that. I’d really love to see Tammy get elected. I worked with Tammy before, so I’m a big fan.”
Warren criticized the Republican presidential candidates for their anti-gay views. Each of the GOP hopefuls who’ve won any states — Mitt Romney, Rick Santorum and Newt Gingrich — backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country and rescind it in states like Massachusetts.
“I think their position is wrong,” Warren said. “They have a vision of America that does not represent who we are as a people and the kind of country we want to build.”
Over the course of her campaign, Warren said she’s spoken with LGBT organizations about a variety of subjects including LGBT rights, although she couldn’t immediately identify any of the groups. Earlier this month, the Human Rights Campaign endorsed her candidacy.
“We talked about health care issues, we’ve talked about economic issues, we’ve talked about justice issues — particularly on DOMA and marriage equality,” Warren said. “We’ve also had conversations that range into other areas about art, about education, about the importance of anti-bullying programs.”
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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