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Doubts persist as today’s ‘Don’t Ask’ cloture vote approaches

Activists fear 60-vote threshold may not be reached

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Supporters of open service in the U.S. military are expressing uncertainty — and even doubt — over today’s vote to move forward in the U.S. Senate with major defense legislation containing “Don’t Ask, Don’t Tell” repeal.

Alex Nicholson, executive director of Servicemembers United, is among those saying he doesn’t think there are sufficient votes to move forward with the fiscal year 2011 defense authorization bill and the repeal language in the legislation.

Asked whether he sees success for the cloture vote, set for today at 2:15, Nicholson replied, “As it stands right now, no.”

“I haven’t seen anybody budge,” Nicholson said. “The Republican caucus is standing united and it’s still just a standoff.”

Blame is already being assigned to the White House.

Trevor Thomas, spokesperson for Servicemembers Legal Defense Network, said his organization hasn’t seen an effort from the White House on the issue in recent days.

“We have not seen any signs that the White House has been whipping this vote in the last 48 hours,” Thomas said.

Thomas said he can’t predict what will happen with the cloture vote and maintained SLDN is “taking nothing for granted.”

Still, he said the vote will be “very tight” and repeal supporters need to call their senators to seek their support.

Provided all 59 Democrats vote in favor of moving forward with the defense legislation, at least one Republican vote is necessary to reach the 60-vote threshold to end the filibuster on the legislation.

However, GOP leaders are reportedly telling its caucus to vote against cloture because of limitations on amendments that Democratic leadership will allow on the floor.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the defense authorization bill: a measure stripping the legislation of its “Don’t Ask, Don’t Tell” repeal language; a measure attaching the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.

“Sen. Reid, if he has not, absolutely needs to be on the phone with Susan Collins, Olympia Snowe, other members that we’ve discussed — and also be sitting down with them,” Thomas said.

On Monday, two key Republican senators issued statements indicating a lack of support for moving forward with the defense authorization bill, without outright saying they would vote against cloture.

Sen. Olympia Snowe (R-Maine) said the Senate should “have the ability to debate more than the three amendments the majority leader is allowing” and noted that the defense authorization bill “is the largest discretionary authorization measure that Congress considers.”

“It is therefore imperative that Senate deliberations on the defense bill be conducted without limitations and in a manner that allows for the consideration of all related amendments that senators may wish to offer,” she said.

An original co-sponsor of the Employment Non-Discrimination Act who’s known for supporting LGBT rights, Snowe also expressed concern about the “Don’t Ask, Don’t Tell” repeal language in the legislation and said a Pentagon report due Dec. 1 would help guide the decision to repeal the 1993 statute.

Sen. Susan Collins (R-Maine) said in a separate statement on Monday that the Democratic leadership’s decision to limit amendments on the defense authorization bill is “disappointing.”

“It is disappointing, however, that instead of allowing a full and open debate on the defense authorization bill, the majority leader intends to shut Republicans out of the debate,” she said.  “Republicans and Democrats should have an equal opportunity to offer relevant amendments to this critical legislation.”

Collins called on Democratic leadership to “work with Republican leaders to negotiate an agreement so that the Senate can debate the defense bill this week.”

Other senators who are seen as potentially breaking with the Republican filibuster on the defense authorization bill are Sens. George Voinovoich (R-Ohio), Scott Brown (R-Mass.) and Richard Lugar (R-Ind.). Their offices haven’t responded to the Blade’s request for comment on the legislation.

Earlier on Tuesday, SLDN added Sens. George LeMieux (R-Fla.) and Kit Bond (R-Mo.) as Republicans who might break with their party to vote for cloture on the defense authorization bill.

The standoff over the number of amendments that will be allowed on the defense authorization bill has become a partisan issue even among LGBT groups.

On Monday, R. Clarke Cooper, executive director of the Log Cabin Republicans, issued a statement criticizing Reid over the rules he’s set for the defense authorization bill.

“There is an overwhelming majority of senators, Democrats and Republicans, who are committed to repealing ‘Don’t Ask, Don’t Tell,’ but Senator Reid’s partisan tactics could prevent the Senate from moving forward with this critical legislation for our nation’s military,” Cooper said.

Cooper added that the potentially “historic achievement” of the legislation shouldn’t “be scuttled because the Democratic majority has decided to exclude Republicans from the legislative process.”

But Michael Mitchell, executive director of National Stonewall Democrats, responded in a statement on Monday by saying Republicans are the ones obstructing the process.

“I hope that the Log Cabin Republicans will stop trying to blame those who are working through the legislative process to finally repeal [‘Don’t Ask, Don’t Tell’] once and for all and instead work to change the votes of their party’s senators and have it pass with the bipartisan support they claim they have,” Mitchell said.

Noting that Reid has said on the Senate floor he’s willing to work with Republicans on the legislation, Mitchell said a failure to invoke cloture wouldn’t be “the Democrats’ fault and it certainly won’t be the fault of Sen. Harry Reid.”

(Troops photo courtesy of the Department of Defense)

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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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National

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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