National
DOJ finalizes rule to protect LGBT inmates against prison rape
Memo says immigration detention facilities will have to follow suit
The Justice Department made final a rule Thursday to prevent sexual abuse in federal prisons that included provisions aimed at providing better protection for LGBT inmates.
The rule, the first-ever federal effort to set standards at all jail facilities, is in accordance with the Prison Rape Elimination Act of 2003. It was first proposed last year.
According to a statement from the Justice Department, the standards require, among other things, that facilities try to prevent sexual violence in prison by incorporating the unique vulnerabilities of LGBT people as well as intersex and gender nonconforming inmates into training and screening protocols.
“Sexual violence, against any victim, is an assault on human dignity and an affront to American values,” President Obama wrote in a memorandum accompanying the announcement. “The Prison Rape Elimination Act of 2003 (PREA) was enacted with bipartisan support and established a ‘zero tolerance standard’ for rape in prisons in the United States.”
The standards include specialized training for prison staff and screenings in detention settings to determine if LGBT inmates are at higher risk for being targeted for sexual abuse. The new rule has particular impact on transgender inmates. Agencies must train security staff on respectful searches of transgender inmates; transgender people can’t be assigned to a male or female facility based solely on their anatomy; and transgender inmates will be given the opportunity to shower separately from other inmates.
LGBT advocates hailed the codification of the rule for extending new protections for LGBT inmates — who are seen as being more vulnerable to sexual violence while in prison. According to the National Center for Transgender Equality, one in three former transgender inmates report being sexually abused.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said “no one — and I mean no one” should be subjected to the pain and indignity of rape — even individuals who are incarcerated.
“By adopting these national standards to prevent, detect and respond to prison rape, the federal government put its foot down and said ‘no more.’ LGBT people, often the targets of brutality in detention settings, stand much to gain,” Carey said. “Lives are literally on the line, and these historic standards will help combat this terrible epidemic and lift our common humanity.”
Mara Keisling, executive director of the National Center for Transgender Equality, also called the finalization of the rule significant.
“We have an obligation as civilized people to protect the people we incarcerate,” Keisling said. “That has always been an American promise, but one we have barely tried to keep. These new standards, if fully implemented, have the potential to help us keep that promise at least in terms of sexual assault.”
The memorandum says that rule applies to facilities administered by agencies other than the Justice Department. Such facilities would likely include immigration detention facilities run by the private companies or the Department of Homeland Security. Agencies with federal confinement facilities not subject to the Justice Department’s final rule must propose within 120 days any rules or procedures necessary to satisfy the requirements of the law, and make final any such rules or procedures within 240 days of their proposal.
Peter Boogard, a DHS spokesperson, said his department “fully embraces” the law and looks forward to implementing the provisions under the new rule.
“The regulations will build on the substantial improvements we have made to agency policy and procedures to prevent, detect and respond to sexual abuse in immigration detention,” Boogard said. “DHS will move swiftly to promulgate these regulations and will work with the attorney general and others to ensure that the regulations satisfy the requirements of the statute.”
Mary Meg McCarthy, executive director of Heartland Alliance’s National Immigrant Justice Center, urged the Obama administration to monitor DHS closely to ensure the department implements the rule in a timely manner.
“The U.S. government has finally acknowledged that immigrant detainees must be protected from sexual violence while in immigration custody,” said McCarthy said. “We wish the regulations applied to immigration detention facilities immediately. Instead, DHS has another year to implement a law that has been on the books for nearly a decade. Some of the individual provisions announced today are evidence of the Obama administration’s commitment to protecting immigrants from abuse, particularly those who are vulnerable because of their sexual orientation or sexual identity.”
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
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.”
