National
‘Don’t Ask’ repeal could be certified mid-summer
Pentagon officials testify on ending military’s gay ban
Top Pentagon officials said Friday that “Don’t Ask, Don’t Tell” repeal training could sufficiently be complete by mid-summer to allow for certification to end to the law at that time during a congressional hearing in which GOP lawmakers expressed discontent with moving toward open service.
In a hearing before the House Armed Services personnel subcommittee, Undersecretary of Defense for Personnel & Readiness Clifford Stanley and Director of the Joint Staff Vice Adm. William Gourtney said implementation for “Don’t Ask, Don’t Tell” repeal is proceeding on track and troops are being trained to handle open service.
Stanley told the Republican-controlled panel that training could be sufficiently finished by mid-summer to allow for certification for repeal.
“We’re looking at mid-summer” to move towards certification, Stanley said, adding that this target time could be delayed if something disruptive emerges that Pentagon leaders don’t anticipate.
According to Stanley, the U.S. military has trained more than 200,000 members of the armed forces on handling open service, or about nine percent of the armed forces.
Gourtney concurred that mid-summer is the time for when certification for repeal is expected to happen.
“It’s really the magnitude of the challenge that’s out there and making sure that as we get our arms around the magnitude of the challenge, we don’t miss anything,” Gourtney said. “So we’re grateful for the deliberate process that has been laid out and we’re [looking at] mid-summer for the recommendation. Followed by 60 days after that, repeal is achievable.”
In December, President Obama signed legislation allowing for repeal of “Don’t Ask, Don’t Tell,” but the anti-gay law will only be off the books after 60 days pass following certification from the president, the defense secretary, and the chair of the Joint Chiefs of Staff. Gay service members are still in danger of discharge from the armed services until the certification process is complete.
The military services are progressing with three tiers of training to prepare troops for “Don’t Ask, Don’t Tell.” The Pentagon previously established in its repeal implementation plan that the completion of Tier 2 training — or the training of leadership of troops within a service — could be the time when certification could happen.
According to Stanley’s written testimony before the committee, Tier 2 training for the Navy is set to end on April 30, for the Air Force on May 1 and for the Coast Guard on May 15. For the Army, Tier 2 training is set for completion for its active component on July 15 and its reserve component on August 15. The Tier 2 training for the Marine Corps was already set for completion on March 15.
Goutney said the time for issuing repeal certification is dependent on when the Army completes its training for “Don’t Ask, Don’t Tell.” The admiral said instruction for the Army is expected to be complete at a later time because the service is larger than others.
Following the hearing, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, told the Washington Blade he believed training for “Don’t Ask, Don’t Tell” could be accelerated and should be concluded by May 1.
“There’s no reason why it should take the better part of this year to get to open service,” Sarvis said. “So, if we don’t have certification until mid-July or August, then we’re talking about October or November before we get there. I don’t think that’s what the majority of members of voted for repeal had in mind.”
The subcommittee testimony from Stanley and Gourtney was expected to precede a hearing the full House Armed Services Committee on April 7. Josh Holly, a committee spokesperson, told the Blade each of the military service chiefs are slated to testify on “Don’t Ask, Don’t Tell” repeal on that date.
As Stanley and Gourtney provided an update on “Don’t Ask, Don’t Tell” repeal implementation efforts, they fielded questions from Republican subcommittee members who were hostile to moving torward open service.
Rep. Joe Wilson (R-S.C.), chair of the subcommittee, expressed displeasure with the pace at which the Democratic-controlled Congress last year moved forward with repeal legislation during the lame duck session of Congress.
“I felt the repeal was rushed through without adequate review and consideration of the extent of the full implications of repeal,” Wilson said. “I believe the lame duck session was undemocratic and that dozens of defeated congress members adopted a law with significant consequences, but it failed to even pass a budget. It was a violation of the principles of representative democracy.”
In response, Sarvis blasted Wilson for suggesting that Congress improperly moved forward with “Don’t Ask, Don’t Tell” repeal last year.
“Mr. Wilson knows better,” Sarvis said. “There was nothing undemocratic about last year’s vote to repeal ‘Don’t Ask, Don’t Tell.’ The measure passed both houses of Congress on a strong bi-partisan vote.”
Rep. Mike Coffman (R-Colo.), a veteran of the Army and Marine Corps, was particularly critical of the Pentagon report favoring open service that came out before Congress repealed the law and said he had “no confidence in the process” for implementing open service.
“I think that this survey and study was a conclusion looking for a study,” he said. “This is a political decision made by the executive branch and the military will follow it under whatever circumstances or ramifications it has to the combat effectiveness of our forces.”
Some of the more pointed criticism of “Don’t Ask, Don’t Tell” came from freshmen GOP lawmakers who were elected to office in 2010 during the Republican wave and weren’t present for the vote last year on ending the military’s gay ban.
Rep. Allen West (R-Fla.), an Army veteran of the first Persian Gulf War, said allowing open gays to serve in the armed forces is, in effect, forming “the military to a behavior.”
“I remember going through the military, we took behaviors and we formed it to the military,” West said. “Using a term that they have over in the Middle East, I’m just very wary of the fact that this could be the camel getting his nose under the tent.”
West also invoked the 2009 Foot Hood shootings in which Nidal Hasan, a U.S. Army major serving as a psychiatrist, was charged with killing people 13 with a firearm and wounding 29 others. Hasan is an American-born Muslim of Palestinian descent, and questions have emerged over whether pressures over his religion prompted the incident.
“We had commanders up here at Walter Reed that saw some very disturbing behaviors there with Maj. Nidal Hasan, but for whatever reasons — I think one of the main reasons is the retribution of an atmosphere of political correctness — they did not speak out about that,” West said. “Of course, we know what happened when he was transferred down to Foot Hood, Texas.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, said he’s offended West would suggest “political correctness would trump military order and discipline” in addition to the lawmaker’s comparison of the service of gay troops to the Fort Hood assault.
“Congressman West’s remarks were an unnecessary and unfortunate distraction from the valuable report by the repeal implementation team,” Cooper said.
Questioning backfired on one freshman Republican who apparently was attempting to demonstrate that gay troops have been discharged not for identifying as gay, but for violating the military’s code of conduct.
Rep. Austin Scott (R-Ga.) asked Gourtney whether as a Navy officer he had discharged anyone from service because of sexual orientation. Gourtney admitted that he had in either 1994 to 1995.
“We had an incident shortly after ‘Don’t Ask, Don’t Tell’ passed that a young sailor came forward through his chaplain, through our chaplain, that he was gay, and we discharged him from the service,” Gourtney said.
When Scott pressed on whether this sailor was discharged because he was gay or because he violated a standard of conduct, Gourtney replied that it was because of the sailor’s gay identity and not for any other violation, much to the surprise of Scott.
“That’s not the answer I thought you would give,” Scott said, eliciting laughter from those who were in attendance at the hearing.
Gourtney added that there are cases in which standards of conduct have been violated as part of separations under “Don’t Ask, Don’t Tell,” but said these incidences are few in number.
Additionally, Scott asked about the cost of implementing “Don’t Ask, Don’t Tell.” Stanley replied the cost of training material has been about $10,000 — considerably a low number for government spending.
But Scott expressed skepticism about the estimate and requested further information.
“If something was done at the [Defense Department] for $10,000, I’d like to know what it was,” Scott said. “I haven’t seen anything out of there with a price-tag that low.”
Rep. Vicky Hartlzer (R-Mo.), another freshman Republican, noted that men and women aren’t permitted to bunk or shower to together in the armed forces and questioned why the military would ask straight troops to shower with gay service members.
In response, Gourtney said the rationale is based on the difference between gender and sexual orientation.
“Gender is very public and sexual preference is very private,” Gourtney said. “We’re not asking about their sexual preference.”
But Gourtney’s answer apparently didn’t allay Hartlzer, who said the military isn’t “being consistent” with its policy.
“I’m very concerned that in a time of war in our country — we have men and women in harm’s way — that we are making such a radical, major shift in our policy,” she said.
Hartlzer isn’t a stranger to taking anti-gay positions. Last month, she introduced a House resolution condemning President Obama for dropping defense of the Defense of Marriage Act against litigation in court.
Democrats who voted in favor of “Don’t Ask, Don’t Tell” repeal defended the decision of Congress to end the statute last year and said the focus of the 112th Congress should be moving toward that goal.
Rep. Susan Davis (D-Calif.), ranking Democrat on the subcommittee, said discussion should move away from whether open service should be implemented and Congress should instead focus on proper oversight of “Don’t Ask, Don’t Tell” repeal.
“I think the debate is no longer really on whether or not to allow gay, lesbian and bisexual American from serving in uniform,” Davis said. “The issue that we are here to focus on today is how the services and the department are preparing — and informing leadership — on how the policies and regulations that are being considered have an impact on military readiness, military effectiveness, unit cohesion and recruiting and retention of the armed forces.”
Rep. Chellie Pingree (D-Maine) said “Don’t Ask, Don’t Tell” repeal was a change that Congress needed last year to enact because the anti-gay law is “morally reprehensible policy.”
“I just think that it violated the fundamental value of fairness and equal treatment that we cherish in this country, and I’m just so pleased that we’re here to talk about the end to it and the transition out of it, which, I think, is great,” she said.
Following Scott’s question on the cost of implementing repeal, Pingree said the $10,000 number is infinitesimal compared to the $193.3 million estimate offered by the Government Accountability Office in January on the cost of “Don’t Ask, Don’t Tell” from fiscal years 2004 to 2009.
“It’s not only unconscionable that these people were willing to serve their country and came forward, or were asked to leave, but the costs are horrendous,” she said.
Despite the qualms of Republican subcommittee members, LGBT advocates dismissed the possibility that Congress could at this point delay or derail the end to the military’s gay ban. Rep. Duncan Hunter (R-Calif.) has introduced legislation that would expand the certification requirement to include input from each of the service chiefs, which, if enacted into law, could disrupt the repeal process.
Davis told the Blade she doesn’t think Congress has a chance of interfering with “Don’t Ask, Don’t Tell” now that legislation has already passed a measure that would repeal the statute.
“I think there are people that would love to slow down the process, but actually I think it’s proceeding fairly well and I don’t know that that would be necessary,” she said.
Sarvis said the ability of the opponents of “Don’t Ask, Don’t Tell” repeal in Congress to thwart open service at this time is “highly unlikely.”
“Obviously, there are a few members who would like to delay or derail, but I don’t think that’s where a majority are,” Sarvis said.
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.


