National
Anti-gay bias found in Pentagon ‘Don’t Ask’ survey
Activists divided over whether gay troops should participate
A recently issued Pentagon survey asking service members about their thoughts on repealing “Don’t Ask, Don’t Tell” is inspiring consternation among LGBT advocates who say the questions have an anti-gay bias.
The survey was issued last week and is intended to gather perspectives from 400,000 non-deployed active duty service members on lifting “Don’t Ask, Don’t Tell.” The results of the survey are aimed to help inform a Pentagon working group that’s developing a plan to implement repeal of the 1993 law banning gays, lesbians and bisexuals from serving openly in the U.S. military. The group’s work is due Dec. 1.
The survey was created and administered by the research firm Westat in conjunction with the Pentagon Working Group, and, according to Servicemembers United, came at a cost to taxpayers of $4.4 million.
A copy of the survey obtained by the Blade and other media outlets is 32 pages. The survey uses the term “homosexual” interchangeably with the term “gay or lesbian” in its questioning.
One question asks responders if they “currently serve with a male or female” service member that they believe to be gay or lesbian.
Other questions address “If Don’t Ask, Don’t Tell is repealed, how, if at all, would the way your family feels about your military service be affected?” and “Have you shared a room, berth or field tent with a Service member you believed to be homosexual?”
Another question asks service members how they would respond if they were assigned to share bathroom facilities or an open bay shower with an openly gay or lesbian person. Possible responses include “take no action,” “use the shower at a different time than the Service member I thought to be gay or lesbian,” “discuss how we expect each other to behave and conduct ourselves” or “talk to a chaplain, mentor or leader about how to handle the situation.”
No question on the survey asks service members about their sexual orientation or asks them whether they think “Don’t Ask, Don’t Tell” should be repealed.
In a statement, Alex Nicholson, executive director for Servicemembers United, said imaging a survey with “such derogatory and insulting wording, assumptions, and insinuations” on any other minority group is impossible.
“Unfortunately, this expensive survey stokes the fires of homophobia by its very design and will only make the Pentagon’s responsibility to subdue homophobia as part of this inevitable policy change even harder,” he said. “The Defense Department just shot itself in the foot by releasing such a flawed survey to 400,000 servicemembers and it did so at an outrageous cost to taxpayers.”
Nicholson cited as among the flawed aspects of the survey the use of the term “homosexual” and a focus on potential negative aspects of repeal, with little attention to potential positive aspects.
He also noted what he called a “repeated and unusual suggestion” that a service member may need to talk to military comrades and leaders about appropriate behavior and conduct.
Michael Cole, a Human Rights Campaign spokesperson, also expressed concern about the questions, but said the survey is important for the Pentagon working group to complete its examination on implementing “Don’t Ask, Don’t Tell” repeal.
“While surveying the troops on the issue like this is problematic from the start and the questions exhibit clear bias, the fact remains that this study exists,” Cole said. “We urge the [Defense] Department to analyze the results with an understanding of the inherent bias in the questions and use it as a tool to implement open service quickly and smoothly.”
According to Reuters, Geoff Morrell, a Pentagon spokesperson, addressed the notion that the survey had anti-gay bias at a press conference last week, saying he “absolutely, unequivocally” rejects the accusations as “nonsense.”
“We think it would be irresponsible to conduct a survey that didn’t address these kinds of [privacy-related] questions,” Morrell said.
Morrell reportedly added that more training, education or facility adjustments may be needed required to prepare the U.S. military if “Don’t Ask, Don’t Tell” is repealed.
One LGBT advocate familiar with the working group, who spoke on the condition of anonymity, said the Pentagon doesn’t intend to make the results of the survey public once they are compiled. Still, the advocate noted that the Defense Department expects they will be leaked or known through the Freedom of Information Act.
Aaron Belkin, director of the Palm Center, said the survey is sending a “complicated mixed message” with regard to “Don’t Ask, Don’t Tell.”
On one hand, Belkin said, the survey is “is part of an education process” in which the Defense Departmant is “just starting to talk with the troops and hear from the troops” about the impact of repeal. Still, Belkin noted that the Pentagon is asking questions about LGBT people that wouldn’t be asked about other minority groups.
“You would never ask a survey question [such as] what would it be like to share a tent with a Chinese soldier, or would you take orders from a Catholic officer, or how would your husband or wife feel if you lived on post next to a Jewish family?” Belkin said. “And the reason we don’t ask questions like that is because those questions, by their very nature, constitute the group you’re asking about as a second-class citizen.”
Belkin said he didn’t think male service members bunking with female troops would be an appropriate analogy for the survey questions because that isn’t as germane as serving with people of different racial or ethnic backgrounds.
“The troops are already living next to and serving with and showering with and sharing tents with and doing everything with gays,” he said. “This is not a change that is any different from civilian society. It would be a change if we were asking them to shower with and share tents with women.”
Belkin said that advocates shouldn’t be focusing on the survey, but on an upcoming “leadership moment” in which the president and defense leaders would have to certify that repeal should happen.
“The question is not, ‘Does the survey say 46 percent will share a tent or 42 percent will share a tent?’” Belkin said. “That’s not what this moment is about. This moment is about whether leadership steps up and certifies that it’s time for repeal and implements non-discrimination — that’s what we should be focusing on.”
SLDN to LGBT troops:
Don’t take this survey
Also sparking debate among advocates is whether LGBT service members would be at risk of being outed under “Don’t Ask, Don’t Tell” if they participated in the survey.
Servicemembers Legal Defense Network issued a statement July 8 warning LGBT service members about a potential risk if they participate in a Pentagon survey over “Don’t Ask, Don’t Tell.”
Aubrey Sarvis, SLDN’s executive director, said his organization “cannot recommend” that LGBT service members “participate in any survey being administered by the Department of Defense, the Pentagon Working Group, or any third-party contractors.”
“While the surveys are apparently designed to protect the individual’s privacy, there is no guarantee of privacy and DOD has not agreed to provide immunity to service members whose privacy may be inadvertently violated or who inadvertently outs himself or herself,” he said.
The statement says SLDN asked the Pentagon working group for information about the survey, including the survey texts, possible certificates of confidentiality, and whether the Pentagon could guarantee immunity for people inadvertently outed by the surveys. According to SLDN, the Pentagon was unable to satisfy this request.
Sarvis advised LGBT service members who participate should do so in a way that doesn’t identify their sexual orientation.
In contrast to SLDN, Nicholson issued a statement encouraging LGBT service members to take part in the study.
“Servicemembers United encourages all gay and lesbian active duty troops who received the survey to take this important opportunity to provide their views,” Nicholson said.
Nicholson added his organization is “satisfied” sufficient safeguards are in place to “protect the confidentiality of any gay and lesbian servicemember who would like to fully and honestly participate in this survey.”
Cole said HRC likewise is encouraging LGBT service members to take part in the survey.
“It is critical that voices of lesbian and gay service members are included in this study and we feel that the privacy safeguards are sufficient to maintain anonymity,” he said.
Nicholson told the Blade that as part of its contract, Westat has to “strip out information about survey respondents” before the company delivers the information to the Defense Department and “destroy” any personally identifying information.
“They cannot contractually give DOD any personally identifying information about any of the survey respondents,” Nicholson said.
At a press briefing last week, Defense Secretary Robert Gates also maintained that LGBT service members wouldn’t be in danger of discharge if they participated in the study.
“I strongly encourage gays and lesbians who are in the military to fill out these forms,” he said. “We’ve organized this in a way to protect their privacy and the confidentiality of their responses through a third party, and it’s important that we hear from them as well as everybody else.”
The LGBT advocate familiar with the Pentagon study, who spoke on the condition of anonymity, said a member of the Defense Department working group found SLDN’s response “jaw-dropping.”
“He has complete faith that the agreement they have with their third-party vendor, which is administering the survey, the anonymous drop-box option, and the other pieces of the survey that are designed to protect the anonymity of respondents are pretty air-tight,” he said.
The advocate said he was told if gay or lesbian troops don’t respond, it would remove a significant number of service members from the sample who would respond favorably to repeal.
On the other side, the advocate said, the Marine Corps and religious groups are “really making a major effort” to get anti-repeal comments to the Pentagon working group.
“The responses that they’ve gotten thus far have been overwhelmingly anti-repeal, and the attempt by SLDN to keep gay service members from responding is not going to help,” he said.
Belkin said the Palm Center is deferring to SLDN on whether taking the survey would be safe for LGBT service members and he had no recommendation for service members. Still, he noted that the Palm Center has an assessment of the risks.
“On the one hand, we think the Pentagon has actually been pretty careful about dividing privacy protections, and so we think that the risk of participation is minimal, but at the same, we don’t think it’s zero,” Belkin said.
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.
