National
‘Don’t Go Home!’ until ‘Don’t Ask’ is done
Demonstrators demand Senators extend session
(Blade photo by Michael Key)
Supporters of open service in the U.S. military rallied on Capitol Hill Friday to urge the Senate to stay in session for as long as needed until lawmakers repeal “Don’t Ask, Don’t Tell.”
Braving the December cold, around 100 participants gathered near the U.S. Capitol at the Upper Senate Park for the event, which was organized by the Servicemembers Legal Defense Network.
Those in attendance shouted the refrain “Don’t Go Home!” as they demanded that lawmakers continue work on Capitol Hill until “Don’t Ask, Don’t Tell” is repealed.
The rally comes in the wake of a devastating defeat that supporters of “Don’t Ask, Don’t Tell” repeal suffered on Thursday when the Senate failed to move ahead with major defense legislation containing repeal language by a vote of 57-40, three votes short of the 60-vote threshold necessary to end a filibuster.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, told the crowd the vote represented a setback, but said supporters of repeal have “reported back for duty.”
“In this lame duck, we speak everyday for all LGBT service members as they fight for our freedom,” Sarvis said. “In this Congress, we raise our voices as one and say, ‘Senators, kill this law, kill this law before you go home!'”
A number of veterans and current service members — gay and straight — addressed the rally and called for an end to the military’s gay ban.
Mike Almy, a gay former Air Force communications officer who was discharged in 2008 under “Don’t Ask, Don’t Tell,” also called on the Senate to stay in session until work is done on lifting the military’s gay ban.
“The Senate wants … to go home to their families and not do their duties and sit by warm fireplaces comfortably in their homes for Christmas while the work remains unfinished,” Almy said. “If I can serve overseas in harm’s way for four Christmases defending our nation, the Senate can certainly do the same.”
Senate Majority Leader Harry Reid (D-Nev.) has set Dec. 17 as the target date for adjournment for the Senate, although some lawmakers, including Sens. Joseph Lieberman (I-Conn.) and Mark Udall (D-Colo.), have said they’re willing to stay in session through the week before Christmas to repeal “Don’t Ask, Don’t Tell.”
Ret. Maj. Gen. Dennis Laich, who’s straight served in the Army for 35 years, said repeal of “Don’t Ask, Don’t Tell” is needed because the ban compromises the integrity of the U.S. military.
“‘Don’t Ask, Don’t Tell’ acknowledges that gays and lesbians serve in our military, but pretends they’re not there,” he said. “It destroys the values of that institution and on which it is based.”
Should the Senate not repeal “Don’t Ask, Don’t Tell,” Laich predicted what he called a “Spartacus moment” in which the estimated 66,000 gay and lesbian people serving in the military would declare their sexual orientations under the current law.
“How much does it cost to process the discharge of 66,000 service members?” Laich said. “How much does it cost to recruit and train their replacements? How long will it take to recruit and train those replacements? And how vulnerable will America be during this self-imposed national security crisis?”
Speakers at the rally had particularly strong words for senators who were among the “no” votes on Thursday preventing the “Don’t Ask, Don’t Tell” legislation from coming to the Senate floor.
Almy, an Ohio native whose family still lives in the state, said he was particularly disappointed in Sen. George Voinovich’s (R-Ohio) decision to vote against the legislation. The senator was considered a swing vote on moving forward with “Don’t Ask, Don’t Tell.”
“Yesterday, you shamed me with your vote as well as the rest of the Ohio veterans,” Almy said. “This is going to be your legacy. You are on the wrong side of history here Sen. Voinovich. I call on you here specifically to stay here in Washington and not leave.”
Two speakers who hailed from West Virginia also had harsh words for Sen. Joe Manchin (D-W.Va.), the only Democrat who voted against the motion to proceed Thursday on “Don’t Ask, Don’t Tell” repeal legislation.
Sgt. Jared Towner, a straight member of the West Virginia Army National Guard, said the “very, very established progressive youth element” in his state is disappointed in Manchin for his vote and could decline to back him when he’s next up for election in two years.
“We are the people that are going to be there — or we are the people that are not going to be there — in 2012,” Towner said. “You have to be there for us.”
Former Army Sgt. Pepe Johnson, a field artilleryman and Clarksburg, W.Va., native who was discharged under “Don’t Ask, Don’t Tell” in 2003, said he was “embarassed” because Manchin “decided to be a lone ranger” and vote against repeal.
“He said he’d only been in office for three weeks, so he didn’t have a chance to hear from the people of West Virginia,” Johnson said. “Well, Joe Manchin, if you can’t hear now, you better get a hearing aide!”
Many participants echoed the general tenor of the rally that Congress should stay in session for the time that’s needed to repeal “Don’t Ask, Don’t Tell” before going home.
Toby Quaranta, 25 and a gay D.C. resident, said he participated in the rally because he wants “people everywhere to know” that supporters of “Don’t Ask, Don’t Tell” repeal don’t want lawmakers to adjourn until the law is off the books.
“I think the Senate has a responsibility to the service members and to the people who just re-elected a lot of them to make sure that they get their business done before they leave town,” Quaranta said.
Bridget Geraghty, 25 and a lesbian D.C. resident, expressed frustration that the Senate was unable to act on “Don’t Ask, Don’t Tell” repeal when the vote came before the chamber on Thursday.
“I was seriously disappointed, but I guess not really surprised,” she said. “It’s never a surprise when Republicans don’t do what they’re supposed to do, and I think it was ridiculous that they are not letting this happen.”
One group of rally participants held up a banner during reading “In memory of Seaman August Provost, 1979-2009: All LGBT employees of the Department of Defense deserve EQUAL RIGHTS!”
Provost, a gay Navy seaman stationed at Camp Pendleton, Calif., was found dead on base last year and was possibly murdered because of his sexual orientation. He reportedly had complained to family members that was being harassed before he was killed.
Also among the rally participants was Rea Carey, executive director of the National Gay & Lesbian Task Force. Following the rally, she told the Blade she was “extremely disappointed” in the Senate vote on Thursday, but expected repeal advocates to continue toward their goal.
“I’m pleased that there are senators who are going to continue to push in this lame duck, and all of us at this rally and elsewhere around the country are going to push with them,” she said.
Many repeal advocates are pinning their hopes on new stand-alone legislation that Lieberman introduced in the Senate following the defeat on Thursday of the fiscal year 2011 defense authorization bill. The new stand-alone measure is identical to the repeal provision in the defense legislation.
Following the rally, Sarvis expressed optimism about the chances of passing the stand-alone repeal legislation in the lame duck and said repeal advocates are working to come up with 60 votes to move forward with the legislation in the Senate.
“The defense authorization bill, as a vehicle, became stale for a number of reasons,” he said. “Some senators talked about process or the procedure. I think our chances may well improve on a clean bill — clean in the sense of new introduction.”
Sarvis said attaching repeal language to the continuing resolution that Congress will soon vote on to extend funding for the U.S. government is another option on the table.
Still, Sarvis said using this measure as a vehicle for repeal would be “one of the last opportunities” for legislatively ending the military’s gay ban this year.
“Normally, the CR sometimes moves sometimes literally in the final hours,” Sarvis said. “So that is clearly an option that is out there. That’s why SLDN has put it on the table.”
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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