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Polis pledges to take the lead on ENDA

Gay Colo. lawmaker mulls bid for Democratic caucus vice chair

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Rep. Jared Polis has pledged to become the lead sponsor of ENDA in the next Congress (Blade file photo by Michael Key)

A Colorado congressman who’s set to become the most senior openly gay member of the U.S. House is pledging to take the lead on perhaps the most high-profile piece of pro-LGBT legislation: the Employment Non-Discrimination Act.

Rep. Jared Polis (D-Colo.) said during a Washington Blade interview on Tuesday that he intends to become the chief sponsor of ENDA following the retirement of gay Rep. Barney Frank (D-Mass.), who’s championed the bill since 2007.

“I plan on introducing the Employment Non-Discrimination Act in the next session,” Polis said. “Across our country, gays and lesbians face discrimination in the workplace and lose their jobs and their livelihood. It’s wrong and it’s got to end. People shouldn’t be fired in this country just because of who they date in their private life.”

In addition to taking the lead on ENDA, Polis said he’ll remain the chief sponsor of another pro-LGBT measure called the Student Non-Discrimination Act — legislation based on Title IX that would prohibit the bullying and discrimination of LGBT students in school.

Polis said he still wants to see President Obama issue an executive order requiring federal contractors to institute LGBT-inclusive non-discrimination policies. The White House said Obama wouldn’t issue the directive at this time in April, but it’s unclear where that stands in the wake of Election Day.

“I, of course, believe that the White House should move forward with preventing discrimination toward contractors,” Polis said. “That’s always been my position.”

Polis became the first public official to go on record in support of the executive order when he told the Blade during an interview in March 2011 that he’s behind the idea.

And Polis has other goals. He’s weighing a run for a seat in the House Democratic leadership as vice chair of the Democratic caucus — and his win would be another milestone because no member of the LGBT community has ever been elected to House leadership.

“I’m still looking at doing that,” Polis said. “I think it would be great to have more diversity in our caucus leadership. There’s never been a member of the LGBT community in caucus leadership.”

But Polis said he isn’t certain if he’ll make the bid and is waiting to see what positions other House Democrats are seeking. One lingering question is whether House Minority Leader Nancy Pelosi (D-Calif.) will continue her role as head of the caucus.

“A lot of members of the caucus are waiting to see who’s returning and who’s running for the different positions, so until that’s known, there’s no definitive candidacy, but I certainly have been talking to a lot of members about it and I’ve got a lot of encouragement from them,” Polis said.

House Democrats are set to vote on caucus leaders on Nov. 29. The vice chair ranks just below the House Democratic caucus chair. In addition to other duties, the vice chair has a seat on the Steering & Policy Committee, which assigns committee membership to Democrats and advises them on policy decisions.

The current vice chair of the House Democratic caucus is Rep. Xavier Becerra (D-Calif.), but he’s expected to leave that role to pursue the position as caucus chair. Polis may have competition if he launches a bid to replace him. Other names that have been mentioned as possibilities as vice chair are Reps. Joe Crowley (D-N.Y.) and Barbara Lee (D-Calif.).

But as far as movement on pro-LGBT bills, Polis was pessimistic — either during the lame duck session or next year at the start of the 113th Congress — as long as Republicans remain in control of the House. Polis said the votes may actually be present in the Republican-controlled House to pass LGBT bills, but the problem is Republican leadership prevents the measures from coming to the floor.

“We have bipartisan support whether it’s ending workplace discrimination or my Student Non-Discrimination Act or housing non-discrimination,” Polis said. “Those would be very close votes if they were put to the House as a whole, but Republican leadership has refused to allow those bills to even advance to the floor.”

One possible way to skirt House leadership would be to move pro-LGBT bills to the floor via a discharge petition. If a majority of House members sign a discharge petition for any particular bill, it would go to the floor regardless of the desire of House leadership. Polis acknowledged that route as a possibility, but was skeptical about its chances.

“We can certainly file one,” Polis said. “Certainly in my time in Congress and long before it, there has never been a successful discharge petition … There certainly hasn’t been one in my time, or in the immediate past before my time.”

That last successful discharge petition was more than 10 years ago for the Bipartisan Campaign Reform Act, which later became known as McCain-Feingold, in 2001.

But the situation in the Democratic-controlled Senate is a different story. As in the 111th Congress, which saw a Senate committee vote on the Respect for Marriage Act and a hearing on ENDA, Polis said some progress could be made on pro-LGBT bills in that chamber — and possibly a successful floor vote on some bills.

“You’d have to ask a senator about that, but I think they could forge a majority of senators to move forward on passing the bill out of the Senate,” Polis said. “That doesn’t mean that [House Speaker John] Boehner or [House Majority Leader Eric] Cantor would take it up in the House, but at least we’d have it on record as passing the Senate.”

Despite the divided government, one initiative that may see progress in the 113th Congress is comprehensive immigration reform. House Speaker John Boehner has signaled he may be willing to work on this legislation in the wake of Republican losses and the party’s poor showing among Latino voters on Election Day.

LGBT advocates are interested in comprehensive immigration reform and are seeking a provision enabling gay Americans to sponsor their foreign partners seeking residency in the United States. Standalone legislation that would address this issue is known as the Uniting American Families Act.

But Polis, who’s also been a leading advocate for comprehensive immigration reform, said he’s unsure at this time what provisions could be made part of the bill and whether the legislation would include the pro-gay language sought by LGBT immigration advocates.

“At this point, besides a few words of encouragement from Speaker Boehner, I really don’t know what an immigration package would look like,” Polis said. “I’ve long been active on this issue and would love to see comprehensive immigration reform, but we need to see what the Republicans are willing to agree to and we haven’t even seen the starting point for that discussion even.”

CORRECTION: An initial version of this article said Joe Donnelly was in contention as House Democratic vice chair. The Blade regrets the error.

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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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