National
Kerry seeks to aid lesbian bi-national couple
With expiration of student visa, woman faces deportation to Pakistan
Sen. John Kerry (D-Mass.) is seeking to aid a married lesbian couple in his state by asking the Department of Homeland Security to take administrative action to ensure the foreign national in the relationship won’t be deported to Pakistan.
In a redacted letter dated March 27 and obtained last week by the Washington Blade, Kerry asks Secretary of Homeland Security Janet Napolitano to hold in abeyance the I-130 marriage-based green card petition for the couple until the Defense of Marriage Act is overturned either by Congress or the courts.
“I know that you and I both believe that every family is worthy of recognition and respect, and that no family should be torn apart based on a discriminatory law,” Kerry writes. “Abeyance will allow this remarkable young couple to move forward with their dream of building a life together at home in Massachusetts.”

Gloria (right) and Jackie could be faced with separation if their green card application isn't placed in abeyance. (Photo courtesy Stop the Deportations)
The couple is using their first names only, Gloria, a Pakistani national, and Jackie, who are both 24 and reside together in Beverly, Mass. The two met as roommates in college in 2008 and their shared Christian faith brought them closer. After falling in love, they married in Massachusetts in October.
But Gloria’s student visa expired after she could no longer afford tuition and had to stop attending school last year, ending her legal status in the country and putting her in a situation where she could be deported to Pakistan.
In March, Jackie filed a marriage-based green card petition to sponsor Gloria for residency in the United States. U.S. Citizenship & Immigration Services has yet to make a decision on the petition, but it will likely be denied unless it’s held in abeyance because DOMA prohibits federal recognition of same-sex marriage.
Their attorney, Lavi Soloway, co-founder of Stop the Deportations and partner at Masliah & Soloway, redacted their last names in the letter he gave to the Blade, saying he did so at their request out of concern for their safety and safety of family members overseas. He also declined to disclose the school they both attended.
Recalling that the Obama administration has determined DOMA was unconstitutional and stopped defending the anti-gay law in court, Kerry writes this announcement last year left many same-sex couples “wondering how that will apply to their pending cases” and enables an opportunity for action.
“Among those harmed by the discrimination enshrined in law by DOMA are many of my constituents in Massachusetts who face separation from husbands, wives, grandparents, grandchildren, extended family, colleagues and community,” the senator says.
Kerry writes that the case of Gloria and Jackie “clearly justifies” action because of the potentially harsh treatment Gloria would face if sent back to Pakistan. Homosexuality is a crime punishable by jail time there and Christians have been known to face persecution in the country.
“She is certain that if she is forced to return to Pakistan, her life will be in danger, not only because of her sexual orientation and her marriage to a United States citizen, but for religious reasons as well,” Kerry writes.
It’s not the first time Kerry has asked the Obama administration to take action to stop the separation of bi-national same-sex couples. In April 2011, Kerry led a group of 12 senators who signed a letter to Justice Department and Department of Homeland Security asking that the marriage-based green card petitions for these couples be held in abeyance.
In a phone interview, Gloria said she and her spouse “feel very frustrated” they face this situation that wouldn’t be before them if they were an opposite-sex couple. She said she believes the effort will be worthwhile if “some positive outcome could come out of all this work that we’re putting into it.”
Additionally, Gloria said she dreads the prospect of having to return to Pakistan and face persecution because of her religious beliefs and sexual orientation.
“That would be just a devastating situation,” Gloria said. “We don’t even want to think about it. We have built our lives together here in America and our home is here. Our friends and family, and everything that we’ve built together is here.”
In a statement, Jackie also expressed frustration that DOMA precludes her from protecting her spouse and that the Obama administration hasn’t yet taken action to protect married bi-national couples.
“It hurts, as an American, to think that my government causes me and my wife so much distress by allowing DOMA to do so much harm,” Jackie said. “It is not what I expected of President Obama; I expected more. My wife and I met in college over three and half years [ago] and plan to continue building our lives together. Part of our future will now be this fight for full equality.”
Jackie added that coming out publicly with their story wasn’t an easy decision because they fear it may mean backlash for Gloria’s family in Pakistan — as well as for Gloria if she’s forced to return to the country.
“But we will not stand by helpless while our marriage is treated as nothing by the federal government,” Jackie said. “I know that our president in his heart does not want to do harm to our marriage, and I am disappointed that he’s letting this happen when he has the power to stop it.”
Soloway said the president’s opposition to DOMA should be “matched with deeds,” and that halting the denial of marriage-based green card petitions would be consistent with the administration’s stated belief that same-sex couples shouldn’t be forced to make a choice between staying together and staying in the country.
“The president has an opportunity to develop policy that protects all LGBT families impacted by DOMA,” Soloway said. “He must now act to save Jackie and Gloria and thousands of lesbian and gay bi-national couples who, just like them, want nothing more than to be able to live their lives in peace.”
LGBT rights supporters have repeatedly asked the Obama administration to hold the marriage-based green cards for bi-national same-sex couples in abeyance on several occasions, and each time, officials have responded that they’ll continue to enforce DOMA while it’s on the books.
According to The Advocate, LGBT groups met with White House officials in January to discuss the possibility of putting the green cards in abeyance and administration officials told the advocates that such action wouldn’t be taken.
Peter Boogard, a DHS spokesperson, expressed a similar sentiment when asked by the Blade to comment on the Kerry letter.
“DHS responds directly to members of Congress, not through the media,” Boogard said. “Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including the Department of Homeland Security, will continue to enforce it unless and until Congress repeals it, or there is a final judicial determination that it is unconstitutional.”
While the administration hasn’t taken action to hold the marriage-based green card applications in abeyance, it has said it would include bi-national same-sex couples as part of an effort announced in August to take low-priority cases out of the deportation pipeline by granting them prosecutorial discretion.
The criteria for being taken out of the deportation pipeline include a person’s ties and contributions to their community and family relationships, and administration officials have said these criteria are inclusive of LGBT families and same-sex couples. An informed source said individuals whose I-130 is denied because of DOMA typically don’t receive a notice to appear for deportation hearings in court, unless there are additional derogatory factors.
But Soloway said whether Gloria will be placed into deportation proceedings is hardly the point if her green card application is denied because she’s “vulnerable to deportation every day.”
“She can be placed into proceedings simply because her immigration status as a foreign student has lapsed,” Soloway said. “Her school was required to report her to Immigration Services when she was no longer enrolled as a student. Every night, Jackie and Gloria go to sleep not knowing if their luck will run out. Will tomorrow be the day on which Gloria comes into contact with an overzealous police officer who stops and questions her and takes her into custody when her immigration status is discovered?”
Soloway also said holding the green card application in abeyance is the only way for Gloria to remain in legal status to enable her to hold a job or maintain a valid driver’s license.
“She cannot support herself and build a stable and secure future with Jackie as any other married couple would,” Soloway said. “She is trapped and can never leave the country because if she does she will be prohibited from returning. This untenable situation is the result of DOMA, and would be mitigated if their green card case were simply held in abeyance.”
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.
