National
Key Senate races a focus for LGBT community
Pro-gay Dems face tough fights in Nevada, Wisc., Pa., Colo.
On Election Day, many eyes will be focused on several key Senate races where lawmakers with a history of support for the LGBT community are facing tough challenges on the road to re-election.
By far the most high profile race in this group is taking place in Nevada, where Senate Majority Leader Harry Reid (D-Nev.) is fighting for his political life against Republican Sharron Angle, a Tea Party candidate and former Nevada State Assembly member.
Several polls have Angle ahead of Reid by a few points. On Tuesday, Rasmussen Reports made public a poll that found Angle leading Reid by four percentage points among likely voters.
As majority leader, Reid is responsible for moving forward with pro-LGBT legislation in the Senate and would continue to decide the agenda if he wins on Election Day.
Reid has expressed support for the Employment Non-Discrimination Act and repeal of “Don’t Ask, Don’t Tell.” A Mormon, Reid has also been critical of the Church of Jesus Christ of Latter-day Saints’ lead role in backing Proposition 8 in California, which ended same-sex marriage in the state in 2008.
Michael Mitchell, executive director of the National Stonewall Democrats, said a win for Reid is important to the LGBT community because some would likely blame his loss on his leadership on LGBT issues.
“I have a feeling that’s where the Republicans will go with this, and it will be over ‘Don’t Ask, Don’t Tell,’ or it will be that he was too liberal,” Mitchell said. “And, of course, our issues in that moniker of ‘too liberal.'”
In contrast to Reid, Angle has said “Don’t Ask, Don’t Tell” shouldn’t be repealed until the Pentagon has a chance to finish its review of the policy.
Angle has also said in a questionnaire that she’d refuse campaign contributions from businesses that have pro-gay policies in place. She has, however, reportedly taken contributions from political action committees to which such businesses have donated.
The Republican candidate is also known for having ties to an anti-gay party in Nevada in which she once held membership, the American Independent Party.
In 1994, when Angle was involved in the group, the American Independent Party published a 16-page newspaper ad insert calling for a state constitutional amendment permitting discrimination against LGBT people. The insert refers to LGBT people as “sodomites” and portrays them as “child-molesting, HIV-carrying, Hell-bound freaks.”
Despite Angle’s positions, one Republican LGBT group is looking forward to seeing Reid go because of the economic conditions facing Nevada.
Christian Berle, deputy executive director of the Log Cabin Republicans, said the race in Nevada is “as much about voter distaste with Reid’s record as it is about the positions presented by Angle and her campaign.”
“Nevadans want a senator who will stand for their values and deliver for a state that has a 15 percent unemployment rate, not a legislator who is jockeying for legislation to favor the White House agenda first and foremost,” Berle said.
While enjoying general support among LGBT people, Reid has been criticized for not moving fast enough on pro-LGBT legislation.
Some supporters of “Don’t Ask, Don’t Tell” repeal said he politicized a repeal measure in September by limiting the number of amendments that could have been offered on the bill once it reached the floor.
The Senate was unable to move forward with the legislation, and many senators said the amendment issue prevented them from voting in the affirmative.
But Mitchell said he’s “tired of hearing Republicans and other folks” blame Reid for the failure of “Don’t Ask, Don’t Tell” repeal in the Senate because he said the majority leader was doing his job by limiting the number of amendments on the bill.
“With the incredible obstructionism from the Republicans that were blocking every single bill almost,” Mitchell said. “There are like 420 bills that the Senate needed to pick up that the House passed. As majority leader, he needs to start to pull things together to try and get things through.”
Mitchell said faulting Reid for the failure of “Don’t Ask, Don’t Tell” in the Senate is “placing the blame in wrong place” and said “the blame is solely on the Republicans there.”
Another race of interest is taking place in Wisconsin, where U.S. Sen. Russ Feingold (D-Wis.) is running against Republican Ron Johnson, a wealthy plastics manufacturer.
Many polls have Feingold trailing Johnson. On Tuesday, Rasmussen published a poll that found Feingold behind Johnson by seven percentage points among Wisconsin likely voters. Cook Political Report identifies the race as “leans Republican.”
Feingold is known for having long been a friend to the LGBT community. In 1996, he was among 14 senators to vote against passage of the Defense of Marriage Act.
In the current Congress, Feingold has co-sponsored ENDA and legislation that would end “Don’t Ask, Don’t Tell.” The Wisconsin senator also was responsible for an amendment to State Department budget legislation that would require the U.S. government to take more active role in LGBT issues overseas.
Michael Cole, a Human Rights Campaign spokesperson, said Feingold deserves support from the LGBT community because he has long been a “progressive champion, broadly, and particularly for the LGBT community for years.
“I think that are so many issues in play out in the field that it is hard, I think, for LGBT people to see such a champion in a tough race,” Cole said. “It speaks to the difficult political environment that’s out there right now.”
Mitchell praised Feingold for sometimes being a maverick and said his loss would be “heartbreaking” because his voice is distinct among the Senate Democratic caucus. Earlier this year, the senator joined with most Republicans to vote against financial reform legislation.
“He doesn’t always vote lock step,” Mitchell said. “He’s very much a freethinker, and I think we’re seeing less and less of that in both houses actually.”
Still, an anti-gay label doesn’t fit Johnson. The Republican candidate said he would support repeal of “Don’t Ask, Don’t Tell” on the condition that the Pentagon backs an end to the law.
Last month, Johnson told reporters that he favors nondiscrimination, but wants to see the Pentagon’s report on how “Don’t Ask, Don’t Tell” repeal would affect operations. He said if the report were convincing, he would vote to remove the statute from the books.
Berle said the Wisconsin race represents “a remarkable contrast” between a long-serving politician and “a businessman who knows what it takes to sign the front of a paycheck. Berle also commended Johnson for being willing to vote for repeal of the military’s gay ban.
“Johnson’s support for ending the failed ‘Don’t Ask, Don’t Tell’ policy is representative of a broad swath of Republicans throughout the country who favor open service,” Berle said.
In the center of the country, another race is playing out where the candidates have divergent views on gay issues.
Sen. Michael Bennet (D-Colo.) is vying to retain his seat against Republican Ken Buck, a Tea Party candidate and district attorney in the state.
The race between Buck and Bennet is seen as among the closest in the country. On Monday, Public Policy Polling published numbers finding that, among likely Colorado voters, 47 percent support Buck and while another 47 percent support Bennet.
Buck has made several anti-gay comments throughout the course of his campaign. In a September debate, Buck said he opposes “Don’t Ask, Don’t Tell” repeal because he said the U.S. military should be as “homogeneous as possible.”
In another recent debate on NBC’s “Meet the Press,” Buck said being gay is a choice and compared it to alcoholism.
“I think that birth has an influence over it, like alcoholism and some other things, but I think that, basically, you have a choice,” he said.
By contrast, Bennet has taken pro-LGBT positions since his appointment to his seat in the current Congress, such as signing on as a co-sponsor of ENDA and legislation to repeal “Don’t Ask, Don’t Tell.”
Cole said the choice for LGBT people in the Colorado race is distinct based on the positions of the candidates.
“You have Michael Bennet, who has been a strong voice for the community running against Buck, who just on ‘Meet the Press’ last weekend made his dangerous comments about LGBT people,” Cole said.
Mitchell also said a win for Bennet is important in Colorado because of statements Buck has made against gays as well as recent remarks against the separation of church and state.
“Ken Buck is little crazy, right?” Mitchell said. “His statement of separation of church and state … I think when you start to peel the layers down from that, I think that’s a pretty extreme view.”
But Berle characterized the Colorado race as “a referendum on the failed Democratic leadership” in the Senate.
“Coloradans are looking for a leader who will oppose out of control government spending and support economic policies designed to get the economy back on track,” Berle said.
Berle said Log Cabin “strongly disagrees with Buck’s belief that sexual orientation is a choice,” but recalled the candidate’s previous work as a prosecutor.
“We remember that this is the same man who as district attorney zealously prosecuted the murderers of a young transgender woman in 2008,” Berle said. “Despite our disagreements, this is evidence that Buck is willing to listen on issues important to gay and lesbian Americans.”
Another tight race is unfolding in Pennsylvania, where Rep. Joe Sestak (D-Pa.), a two-term House lawmaker and former Navy admiral, is vying for an open seat against Pat Toomey, a former U.S. House member and former president of the Club for Growth.
A poll published Tuesday by Reuters/Ipsos found that race between Sestak and Toomey is a dead heat. Among the Pennsylvania adults who were polled, 46 percent favored Sestak in the election and another 46 percent supported Toomey.
During his time in the U.S. House, Sestak has been vocal in his support for the LGBT community and repeal of “Don’t Ask, Don’t Tell.” He’s voted for hate crimes protection legislation as well as a version of ENDA.
In contrast, during his earlier tenure in the U.S. House, Toomey voted for a constitutional ban on same-sex marriage in 2004 and a measure in 1999 that would have banned adoption by gays in D.C.
Still, Toomey said earlier this month during a debate he would back repeal of “Don’t Ask, Don’t Tell” if military leaders can ensure an end to the law will improve and not undermine its capabilities.
Berle emphasized support for Toomey based on the former U.S. House member’s “consistent voice for fiscal conservatism.”
“His message resonates with Pennsylvanians who are particularly annoyed with being represented by Sen. Arlen Specter who put his own career ahead of his constituents’ interests when he switched parties,” Berle said.
But Cole also emphasized the distinction between Sestak and Toomey in the Senate race based on the Democratic candidate’s support for the LGBT community.
“You have Joe Sestak, the highest-ranking military officer serving in Congress, who is a staunch supporter of ‘Don’t Ask, Don’t Tell’ repeal, running against the guy whom Rick Santorum called ‘too conservative,” Cole said.
Similarly, Mitchell said a win for Sestak in Pennsylvania is important because the Keystone State is considered a “bellwether” for the rest of the country.
“It’s very middle of the road,” Mitchell said. “I think for there to be a win by Sestak in Pennsylvania softens the blow for some of the other races that we may lose.”
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.
