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Key senator says hold off on ‘Don’t Ask’ repeal

Ben Nelson wants to wait, follow guidance from Gates

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Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn "Don't Ask, Don't Tell." (Photo courtesy of Nelson’s office)

Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn “Don’t Ask, Don’t Tell.” (Photo courtesy of Nelson’s office)

A key U.S. senator has told the Blade that he opposes repealing “Don’t Ask, Don’t Tell” at this time.

In a brief exchange on Capitol Hill, Sen. Ben Nelson (D-Neb.) said Tuesday he would vote against an effort next week to overturn the law. He said he wants to adhere to guidance from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen on holding off on repeal.

Asked whether he would vote in favor of a repeal measure, Nelson replied, “No, I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how.’”

A vote on repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation could take place next week during the Senate Armed Services Committee markup of the fiscal year 2011 defense authorization bill. Markup proceedings are scheduled to begin May 26 and are closed to the public.

It remains unclear whether there are enough votes on the committee to make repeal part of the legislation. Mustering enough votes to repeal the statute could be a challenge for opponents of “Don’t Ask, Don’t Tell,” following Nelson’s comments.

Repeal efforts were complicated last month after Gates released a letter to Congress saying he would “strongly oppose” repeal before the Pentagon completes at year’s end its study on the issue. Since then, supporters of repeal — including Sen. Carl Levin (D-Mich.) — have advocated for a compromise in which Congress would vote now to repeal the law but delay implementation of repeal until 2011.

Asked whether he would be open to such a measure, Nelson appeared to be unaware that such an approach to “Don’t Ask, Don’t Tell” has been under consideration, but was reluctant to support the idea.

“I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.”

Nelson’s statements came as a disappointment to people who had identified him as an uncommitted vote on “Don’t Ask, Don’t Tell” that could be moved in favor of repeal this year.

He was among six senators that LGBT organizations, including the Human Rights Campaign, had lobbied through a grassroots campaign to vote in favor of repeal. The other five are Sens. Evan Bayh (D-Ind.), Robert Byrd (D-W.Va.), Scott Brown (R-Mass.), Bill Nelson (D-Fla.), and Jim Webb (D-Va.).

Alex Nicholson, executive director of Servicemembers United, said Ben Nelson is only one of the six key senators and estimated that only two or three votes from those six are needed to advance repeal.

“If Sen. Nelson is entrenching himself that hard on that side of the vote, then I think he risks putting himself down on the wrong side of history,” Nicholson said. “That’s something he’s going to have to live with for the rest of his career, and that’s going to be part of his legacy.”

Nicholson said Nelson’s apparent unfamiliarity with delayed implementation legislation could mean that high-level discussions with him on moving forward with that plan hadn’t yet occurred.

‘Don’t Ask’ opponents push on

Even with Nelson representing a “no” vote on repeal during the committee vote, supporters of ending “Don’t Ask, Don’t Tell” are moving forward with plans for a vote next week during the committee markup.

Sen. Joseph Lieberman (I-Conn.), the sponsor of standalone repeal legislation in the Senate, told the Blade that supporters of repeal are “working hard” to find a way forward for passage in the committee.

“Obviously, we were set back somewhat from the letter by Secretary Gates, but we’re talking to every member of the committee,” he said. “We have some, I think, creative ideas about how to deal with … concerns that Secretary Gates expressed.”

Lieberman said he’s uncertain if the votes are there for passage, but noted that “it’s important to get this done this year.”

Sen. Mark Udall (D-Colo.), another member of the Senate Armed Services Committee and a strong proponent of repeal, said he doesn’t think anyone knows whether the votes are there in the committee for repeal, but he’s “feeling guardedly optimistic” about the prospects.

“It’s crucial that we take this opportunity to lift it,” he said. “There’s different ideas about how to best work with the Pentagon on this approach, but I still think you could study and repeal.”

Nicholson said he thinks supporters “have a really good shot” at getting the two or three votes necessary to win repeal during Senate markup next week.

“It’s really going to come down to some of the one-on-one conversations that Levin and Lieberman are having this week with their colleagues on the committee,” he said.

In the wake of the Gates letter, many repeal supporters see pushing forward with delayed implementation legislation as the optimal path for a successful vote on ending “Don’t Ask, Don’t Tell” this year.

Lieberman said supporters are looking at alternatives, including a bill “to enact repeal, but have it not be this year, to have it not be effective until either sometime next year” or until the Pentagon working group issues a certification of its study.

“I think Secretary Gates was really talking about he doesn’t want us to do this until the rank-and-file military has had a chance to be heard,” Lieberman said. “So we’re trying to find a way to take legislative action this year, but still respect the opinions of the military and maybe delay the implementation until sometime next year.”

Lieberman said a number of different ideas are being discussed among committee members, but delayed implementation legislation “seems to be the one that commands the most support.”

Also noting that delayed implementation could have traction is Udall, who said such a bill is “one of the ideas” being discussed.

“That still remains my preferred course,” he said. “In other words, you would make it very clear the law is repealed, and then you put in place the timeframe by which you implement the changes that are necessary.”

Despite this push and work toward a compromise, the six targeted members of the Senate Armed Services Committee have been reluctant to endorse repeal publicly, although none of these six have been as explicit as Ben Nelson in their opposition.

Sen. Jim Webb (D-Va.) has maintained on several occasions the importance of the Pentagon study as a means to inform Congress on how to approach repeal of “Don’t Ask, Don’t Tell.”

Asked this week whether he’s made a decision on how he’ll vote should an amendment come before him, Webb replied, “I think we need to respect the process that Secretary Gates and Adm. Mullen put in place.”

Webb had a similar response when asked whether his position would be any different for delayed implementation legislation.

“I think we should honor the process that they’ve put in place,” Webb said. “I think people should understand that it’s a pretty significant historical event in terms of what Adm. Mullen said during that hearing in February.”

The offices of Bill Nelson and Bayh sent statements to the Blade that were similarly non-committal in how the senators would vote. The statements were virtually identical to those the offices sent to the Blade last month.

Dan McLaughlin, spokesperson for Bill Nelson, said the senator is “inclined” to support repeal, but “wants to see Secretary Gates’ study on how it would impact the military.”

In a statement, Bayh said his “personal belief” is that people serving their country in the armed forces “ought to be able to serve it openly,” but noted that he wants military leaders to be able to speak up on this issue.

“President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” he said. “I will make a final decision after receiving the input of our top commanders.”

Some of the targeted senators were staying mum this week on how they’d vote should an amendment come before them. Byrd’s office declined to comment in response to a Blade inquiry on the issue. Brown’s office didn’t respond to multiple requests for comment.

Obama MIA in repeal effort?

As supporters of repeal work to gather support, one notable absence among those lending a hand is President Barack Obama.

Repeal of “Don’t Ask, Don’t Tell” was one of Obama’s campaign promises, but a number of senators say the White House hasn’t contacted them to move them one way or the other on the issue.

In public statements on the “Don’t Ask, Don’t Tell” issue, the White House has consistently refrained from saying Obama supports attaching repeal as part of the defense authorization bill.

Asked whether the White House is being helpful in building support, Lieberman suggested the president could be playing a greater role.

“I mean, they’re obviously for this, so we need their help,” he said.

Nicholson said he didn’t know if the White House had been helpful in moving senators in favor of repeal, but noted that he hasn’t “seen any evidence of that, certainly.”

Each of the targeted senators to whom the Blade spoke said they had not heard from the White House or the Pentagon on the issue.

Asked whether the White House or the Pentagon had contacted him to influence his vote on “Don’t Ask, Don’t Tell,” Ben Nelson replied, “No, no.”

Jessica Smith, a Webb spokesperson, echoed those remarks in response to a Blade inquiry.

“As for the White House or the Pentagon contacting our office?” she said. “I don’t believe so.”

Similarly, McLaughlin said he doesn’t believe the White House or the Pentagon has contacted Bill Nelson to inform his vote on the issue.

“To my knowledge, neither the White House nor the Pentagon has recently contacted Bill about this issue,” McLaughlin said.

A White House spokesperson didn’t immediately respond to the Blade’s request for comment on why Obama hasn’t reached out to the senators.

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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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