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New anxieties emerge over ‘Don’t Ask’ vote

Repeal supporters hoping for enough votes for cloture

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Senate Majority Leader Harry Reid (Blade photo by Michael Key)

New anxieties are emerging over whether sufficient votes exist to advance legislation containing “Don’t Ask, Don’t Tell” repeal as a dispute has emerged in the U.S. Senate over the amendments that will be allowed for the bill.

The issue comes down to a disagreement between Democratic and Republican leadership on the issue of the ability to offer amendments on the Senate floor to the defense budget legislation that contains the repeal language.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the fiscal year 2011 defense authorization bill when it comes to the floor, but Republicans reportedly want an agreement to offer additional amendments to the defense authorization bill.

The three amendments that Reid said he would allow are a measure on “Don’t Ask, Don’t Tell” repeal; a measure to attach the DREAM Act, an immigration-related bill, to the defense legislation; and another measure that would address the “secret holds” U.S. senators can place on presidential nominees.

Fred Sainz, the Human Rights Campaign’s vice president of communications and marketing, said this disagreement has made moving forward with the defense authorization bill “a partisan issue” for senators who would have otherwise voted in favor of cloture.

“Republicans would have liked to have seen additional amendments considered and so the party leaders on both the majority and minority side are holding their caucuses to these procedural issues on party lines,” Sainz said.

Concern about whether there are sufficient votes to move forward piqued on Thursday when the Advocate reported that Sen. Joseph Lieberman (I-Conn.) expressed doubts about finding enough votes for cloture.

“The question is whether the Senate leadership can negotiate an agreement with the Republicans that will allow the bill to come up and get them to feel that they can introduce amendments that they want to introduce as well,” Lieberman was quoted as saying. “But until that happens, I don’t think the votes are there to break the filibuster, which would be a shame.”

Consternation among Republicans seeking to offer additional amendments and now possibly withholding support for cloture is inspiring new worry from “Don’t Ask, Don’t Tell” repeal supporters.

Sainz acknowledged the confidence that repeal supporters felt earlier in the week has given way to anxiety.

“Given what we now know on the way in which the cloture petition is kind of sizing up, it’s going to be a very close vote,” he said. “It’s going to be definitely a party line and we’re looking to bring a few Republicans to our side.”

Alex Nicholson, executive director of Servicemembers United, said he’s “still optimistic” that at least 60 senators will vote in favor of cloture on the defense authorization bill and acknowledged the vote would be close.

“I think we all generally feel like we’re still moving in the right direction,” Nicholson said. “Nothing has changed in terms of the estimation that it’s going to be a close vote, and we can’t take even one vote for granted on this.”

Nicholson said if the cloture vote were to take place now, the Senate would move to proceed on the defense authorization bill by a margin of one or two votes or possibly “an even 60.”

On Friday, Servicemembers Legal Defense Network issued the names of seven senators whom the organization says are uncommitted on the cloture vote and urged repeal supporters to contact them to urge them to move forward.

“For repeal to happen advocates need more senators on board to break John McCain’s filibuster,” the statements reads. “All supporters must call their senators now.”

The seven senators are Susan Collins (R-Maine), Olympia Snowe (R-Maine), Mark Pryor (D-Ark.); Richard Lugar (R-Ind.); Judd Gregg (R-N.H.); Jim Webb (D-Va.) and George Voinovich (R-Ohio).

Only Webb’s office responded to the Blade’s request for comment on the defense authorization bill.

Will Jenkins, a Webb spokesperson, said he doesn’t have a statement from the senator at this time.

Still, he noted that while Webb voted against the “Don’t Ask, Don’t Tell” provision in May during a committee markup, he voted to report out of committee the legislation as a whole.

“He has not indicated how he intends to vote on this in the future — as is his normal practice with pending legislation,” Jenkins said.

The fact that SLDN has cited Lugar as uncommitted for a vote on cloture is noteworthy because the senator told the Blade in July that he would “presume” that he would vote against any filibuster of the legislation.

The failure to invoke cloture on the defense authorization bill on Tuesday raises questions about its passage this Congress and the fate of “Don’t Ask, Don’t Tell.”

Sainz predicted that not having 60 votes to move forward on Tuesday would mean the bill would have to come up again in the lame duck session after Election Day — and perhaps with “a different set of circumstances.”

“It would be tight, but there would be the ability to go ahead and introduce [the defense authorization bill] and conference it,” Sainz said. “But that’s definitely a Plan B. We’re really kind of focused on cloture on Tuesday.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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.”

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Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

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.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

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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