National
Hagel fails to impress some LGBT advocates
White House defers LGBT military policy questions to testimony

Defense secretary nominee Chuck Hagel is still facing questions from advocates on LGBT military policy. (Washington Blade photo by Michael Key)
LGBT rights supporters are seeking more from Defense Secretary nominee Chuck Hagel in the aftermath of testimony in which he expressed a commitment to gay and lesbian troops.
In written testimony before the Senate Armed Services Committee on Thursday, Hagel built upon earlier comments to express support for “Don’t Ask, Don’t Tell” repeal and committed to “move forward expeditiously” on the issue of outstanding partner benefits for gay service members.
LGBT advocates say they appreciate Hagel’s commitment, but want him to make good on his promises and act on LGBT military issues that he hasn’t yet addressed.
The Human Rights Campaign emphasized the importance of Hagel taking action upon confirmation to extend benefits to troops with same-sex partners. Among the outstanding benefits that could be extended administratively are military IDs, joint duty assignments and access to family programs.
“We were glad to see Sen. Hagel’s clear statement of support for gay and lesbian service members and their families,” said HRC Vice President of Programs Fred Sainz. “If confirmed, we expect Sen. Hagel to make good on his statements and act immediately to ensure that all military families have equal access to all military benefits available to them under the law.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, said she’s happy Hagel articulated a commitment to gay troops, but hopes he’ll “exercise future leadership” to lift the barriers for transgender service members.
“Sen. Hagel’s commitment toward full implementation of DADT repeal and providing equal benefits to the same-sex spouses of service members was encouraging,” Carey said. “If confirmed, we hope he will exercise further leadership on LGBT issues and work to remove Defense Department barriers that prevent transgender people from serving their country openly.”
Another request came from Allyson Robinson, executive director of OutServe-SLDN, who issued a statement following the hearing calling on Hagel to extend non-discrimination protections in the military to LGBT troops. Currently, gay service members have no recourse for claims of discrimination and harassment other than their chain of command.
“If Sen. Hagel is confirmed, he must use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual, and transgender members of the military,” Robinson said.
GetEQUAL, among the LGBT groups that had come out in opposition to Hagel, seemed to budge a little in the wake of the confirmation hearing, but also was looking for a greater commitment.
Heather Cronk, managing director for GetEQUAL, said she’s glad Hagel made the commitments for gay service members, but is looking now for “specifics behind that commitment” to offer support.
“Our key questions are whether Hagel will implement a non-discrimination policy, since DADT repeal didn’t include one, and whether that policy will immediately allow transgender service members to serve openly,” Cronk said. “If he will answer both of those questions in the affirmative, we’ll be more convinced that his values align with the stated values of the Obama administration.”
White House Press Secretary Jay Carney deferred Blade requests to elaborate on Hagel’s LGBT military policy views to his previously stated testimony:
Washington Blade: Jay, following the confirmation hearing yesterday, the LGBT military group OutServe-SLDN issued a statement saying Sen. Hagel as defense secretary must “use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual and transgender members of the military.” That non-discrimination, unlike the benefits issue, has heretofore gone unaddressed during the confirmation process. Does the White House expect Hagel to make this policy happen if he’s confirmed as defense secretary?
Jay Carney: I would just point you to numerous answers the senator gave in response to questions about his support for the president’s positions on issues regarding LGBT rights, including with regard to service in our military. I don’t have anything more you, but the president’s positions on these issues are clear, and he continues to intend to make progress them as he made clear in his inaugural.
Blade: Sen. Hagel did express in written responses to questions that he’d move “expeditiously” on the benefits issue, and you said last week the issue has the president’s attention. But when will these benefits be enacted?
Carney: Well, I think expeditiously is when they will get attention, as Sen. Hagel rightly answered, and, hopefully, with him at the Pentagon as soon as possible.
Carney’s remarks suggest that LGBT advocates will have to wait for Hagel to take the helm of the Pentagon for action on partner benefits for gay troops as opposed to having them enacted under the watch of outgoing Defense Secretary Leon Panetta, who’s been under pressure to make the changes.
The time when Hagel will be faced with these issues may come soon. Senate Armed Services Chair Carl Levin (D-Mich.) said during the hearing a committee vote will take place Thursday, and a floor vote should take place soon after.
However, without a single Senate Republican expressing support, questions persist over whether 60 votes are present in the Senate to overcome a filibuster of his nomination.
The Log Cabin Republicans, which took out a full-page ad against Hagel in the New York Times and another in the Washington Post, remains opposed to the Hagel nomination even in the wake of his confirmation hearing.
Gregory Angelo, Log Cabin’s interim executive director, echoed some Republicans who accused Hagel of flip-flopping in his positions as he pursues the position of defense secretary.
“Sen. Hagel did so much flip-flopping, waffling and walking back on his prior statements on Iran, Israel and Iraq yesterday that we find no reason to assume he won’t shift his opinion on his opportunely timed, new-found support for the repeal of ‘Don’t Ask, Don’t Tell’ as well,” Angelo said. “Yesterday’s hearings only underscored what Log Cabin Republicans has been saying all along: Chuck Hagel is the wrong choice for Secretary of Defense.”
One key voice in the LGBT community who hasn’t yet articulated a final position on Hagel one way or the other is lesbian Sen. Tammy Baldwin (D-Wis.) — even though other Democratic senators who have pro-LGBT records like Charles Schumer (D-N.Y.) and Mark Udall (D-Colo.) have come out in favor of the nomination.
During an appearance on MSNBC’s “Hardball” last month, Baldwin said she’d ask Hagel “tough questions” about his vision for the post-“Don’t Ask, Don’t Tell” military but hasn’t yet commented publicly on the issue further. Her office didn’t respond to a request to comment.
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.
