National
Murphy confident Congress will overturn ‘Don’t Ask’ this year
The sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the U.S. House is confident Congress will overturn the law this year — even as other lawmakers have indicated repeal may not happen until later.
In an interview with DC Agenda Tuesday, Rep. Patrick Murphy (D-Pa.) said he believed lawmakers would overturn this year the 1993 statute preventing gays, lesbians and bisexuals from serving openly in the U.S. military and that he’s expecting Congress to take up the issue “legislatively in the next couple months.”
Murphy said the upcoming defense authorization bill could be a vehicle for passing repeal legislation. He noted that passage as part of defense authorization would give the Pentagon time to complete the study currently underway on the law.
“We usually don’t pass that into law until October of that year,” Murphy said. “October is about seven months away. That’s plenty of time for the folks to get ready to just put out to the troops that you need to respect not just one another’s race, one another creed, but also one another’s sexual orientation.”
Still, Murphy said defense authorization was just one way that Congress could enact repeal. Other options remain available.
“I think that’s one of the vehicles moving forward, and so I anticipate getting this done this year,” he said.
Murphy said momentum has been building toward repeal in the last couple months, leading to a position where Congress can overturn the 1993 law. In particular, Murphy cited the testimony Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen gave last month in support of ending “Don’t Ask, Don’t Tell.”
“Now is the time when senior leadership in our military who are responsible to have the best policies for our young men and women who serve the country are calling for the repeal of ‘Don’t Ask, Don’t Tell’ — as has our commander-in-chief,” Murphy said. “So now Congress needs to get off the sidelines and get this done this year.”
Murphy said the growing number of lawmakers who have expressed support for repeal also is contributing to the momentum.
Last month, Murphy picked up another co-sponsor for repeal legislation in the House, Rep. Peter Visclosky (D-Ind.), bringing the total number of co-sponsors for the Military Readiness Enhancement Act to 188. Murphy said he’s received commitments from about two dozen other House members that they’d vote in favor of the bill should it come to a floor vote, which would bring the votes close to the 218 needed for passage.
Murphy also expressed enthusiasm for plans by Sen. Joseph Lieberman (I-Conn.) to soon introduce companion legislation in the Senate and said the independent senator should be able to bring Democrats and Republicans on board.
“I know he’s committed to repealing ‘Don’t Ask, Don’t Tell,’“ Murphy said. “I know he knows the best thing for our military, and frankly, when it comes to foreign policy, I think he’s been one of the leaders in the Senate.”
Murphy said he’s expecting Lieberman’s bill to be similar to his in terms of doing away with “Don’t Ask, Don’t Tell” and providing for a non-discrimination policy. But Murphy said he’s unsure about other details, such as whether Lieberman’s bill will have a longer implementation time to allow the Pentagon to complete its study on the law.
The lawmaker is not alone in expecting that Congress will repeal “Don’t Ask, Don’t Tell” this year. On Saturday, Joe Solmonese, president of the Human Rights Campaign, said at a fundraising dinner in Raleigh, N.C., that 2010 would be the year that advocates would do away with the ban on open service in the military.
Despite these expectations, others have expressed doubt about whether Congress will repeal “Don’t Ask, Don’t Tell” this year.
Media reports have indicated the White House hasn’t provided Congress a clear path forward on proceeding with repeal. Rep. Barney Frank (D-Mass.) recently told DC Agenda the White House has been “muddled” on the issue and that he’s hoping the White House makes the path clear for Congress in coming weeks.
But Murphy said the White House has been crystal clear in that Congress should work to do away with “Don’t Ask, Don’t Tell.”
“The commander-in-chief has said that he wants the Congress to put a bill on his desk to finally repeal this harmful policy that has hurt our national security and has cost the American taxpayer $1.3 billion,” Murphy said.
Another voice of doubt comes from Senate Armed Services Committee Chair Carl Levin (D-Mich.), who said he’s skeptical the votes are there to repeal the law banning open service.
Levin has been floating the idea of a legislative moratorium on discharges, which he said lawmakers might more likely support because it doesn’t predetermine the outcome of the study currently underway at the Pentagon.
But Murphy called a moratorium “half-stepping” and said that full repeal of “Don’t Ask, Don’t Tell” is still the way to go.
“This is a time when we need to make sure that we refocus our efforts on capturing or killing Osama bin Laden and al Qaeda,” Murphy said. “Now is not the time to have Chapter 15 investigations and hearing if someone is gay or straight in our military.”
Along with many other Democratic lawmakers, Murphy could face a difficult re-election campaign this fall. A number of Republicans have lined up to challenge the lawmaker, including Mike Fitzpatrick, the former House member whom Murphy ousted in 2006 by taking 50.3 percent of the vote.
Asked whether his public support for repealing “Don’t Ask, Don’t Tell” was having an impact on his constituents’ view of him, Murphy dismissed such worries about his re-election prospects.
“I wasn’t elected to worry about re-election,” he said. “I was elected to make sure that I’m fighting for the families of our military and to keep our country and our economy strong, and I’m doing everything in my power to make good on that special trust and confidence.”
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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