National
Stark introduces adoption anti-discrimination bill
Calif. lawmaker wants Obama to endorse measure ‘wholeheartedly’
Reps. Pete Stark (left) and Jim McGovern on Tuesday introduced the Every Child Deserves a Family Act (Blade photo by Michael Key)
A U.S. House member from California on Tuesday introduced legislation that would bar discrimination against LGBT people in adoption cases while calling on President Obama to endorse the bill “wholeheartedly.”
During a news conference, Rep. Pete Stark (D-Calif.), the sponsor of the legislation, known as the Every Child Deserves a Family Act, said he wants the White House to support his bill fully in response to a question from the Washington Blade on what he’d like to see from the administration on the issue.
“I’d like to see the administration support our position more definitively,” Stark said. “I’ve had some troubles often determining where the administration is on issues, and I think it’s time that President Obama steps up to the bar and makes this — supports it wholeheartedly.”
Shin Inouye, a White House spokesperson, said in a statement that Obama believes that adoption rights should be afforded to all Americans and supports the goals of the legislation, but stopped short of offering an explicit endorsement of Stark’s bill. The lack of outright support is unlike the president’s position on other pro-LGBT initiatives, such as the Employment Non-Discrimination Act or “Don’t Ask, Don’t Tell” repeal.
“The president has long believed that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation,” Inouye said. “He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families. While we have not reviewed this specific legislation, we share its goals to expand adoption rights and move the dialogue forward on this issue.”
The Every Child Deserves a Family Act, which has 33 original co-sponsors, would restrict federal funds for states that allow discrimination in adoption or foster care placement based on the sexual orientation, marital status or gender identity of potential parents — as well as LGBT children seeking homes. Sen. Kirsten Gillibrand (D-N.Y.) is expected to introduce companion legislation in June in the Senate.
Some states recently have taken steps to inhibit potential LGBT parents from adopting. Last month, Arizona Gov. Jan Brewer (R) signed legislation that would give primary consideration in adoptive placement to opposite-sex married couples. Additionally, Virginia’s State Board of Social Services recently rejected adding protections against discrimination in adoption cases on the basis of sexual orientation as well as other statuses.
At the news conference, Stark billed the legislation as a means to ensure children living in the foster care system have access to a greater number of adoptive families — including households with single parents or same-sex parents.
“What’s in the child’s best interest is what the bill is trying to promote,” Stark said. “There is no information that shows that children raised by a single parent or gay or lesbian parent households have any more or less problems than all other children.”
According to Stark’s office, the U.S. government spends more than $7 billion each year on a foster care system against potential single and LGBT parents and allows around 25,000 children age out annually. More than 500,000 children are in foster care and 120,000 of them available for adoption.
Rep. Jim McGovern (D-Mass.), an original co-sponsor for the bill, said the Every Child Deserves a Family Act is necessary to eliminate discrimination against potential LGBT parents and to iron out the differences in adoption policy throughout the country.
“Automatically disqualifying LGBT parents from adoption just because of sexual orientation is wrong,” McGovern said. “It makes no sense, especially when so many children are in foster care waiting to be adopted. The current patchwork of unfair state laws and policies … is denying multiple kids to permanent safe and stable homes.”
The issue of LGBT adoption has already emerged as an issue for a Republican who could be considering a run in the 2012 presidential campaign. According to Think Progress, former U.S. Sen. Rick Santorum, who’s widely expected to be eyeing a White House bid, said in a speech Monday before the FAMiLY Leader in Iowa that adoption is a “privilege” to which LGBT people aren’t entitled.
“A lesbian woman walked up to me and said, ‘Why are you denying me my right?’” Santorum said. “I said, ‘Well, because it’s not a right.’ It’s a privilege. It’s a privilege that society recognizes because society sees intrinsic value to that relationship over any other relationship.”
During the news conference, Stark blasted Santorum for his anti-gay comments and said the former senator’s opinion is no longer relevant because he was voted out in 2006.
“Rick who?” Stark said. “There was a guy in Congress years ago named Santorum, but I think he left. He lost, but [has been] following that path ever since. I think that’s nonsense.”
Organizations that work on LGBT advocacy and child welfare — including the Family Equality Council and Parents, Families & Friends of Lesbians & Gays — praised Stark for introducing the legislation as means to end discrimination and allow more children to find homes.
Linda Spears, vice president of policy and public affairs for the Child Welfare League of America, said passage of the Every Child Deserves a Family Act would help ensure children who are waiting in foster care can find homes.
“We must recognize that statutory frameworks are absolutely essential in order to get this job done,” Spears said. “We cannot have policies in which kids are systemically disadvantaged by state law and by state policy. We cannot have policies that disadvantage and allow children to linger in foster care, those who categorically exclude certain families and put other kids in legal limbo because second parents are not allowed to adopt.”
Jennifer Chrisler, executive director of the Family Equality Council, similarly said the legislation is needed to counter what she called “despicable” attempts at the state level aimed at impairing the right to adopt for LGBT people.
“These efforts are divisive, there are despicable, and they push a political agenda at the expense who some of those children who are most vulnerable — the thousands of kids who are living in foster care, [excluding them] from loving, permanent homes,” Chrisler said.
Amy Coleman, a Massachusetts foster care alum (Blade photo by Michael Key)
Amy Coleman, a Massachusetts foster care alum who was adopted at age 16 by lesbian parents, pressed for legislation allowing full adoption rights for LGBT families by recalling the story of her own adoption.
“My moms have been loving, wonderful parents and will continue to be loving, wonderful parents,” Coleman said. “I just felt it was important to come down and share that so that other foster kids know that there are homes out there for them that might not be traditional, but are definitely wanting to take them in, so they don’t have to spend their rest of their time in foster care wondering if there is someone who can, or will, adopt them.”
Moving the legislation will be challenging in the Republican-controlled House, where the bill will likely be assigned to the House Ways & Means Committee. The office of the committee chair, Rep. Dave Camp (R-Mich.), didn’t respond on short notice to the Blade’s request to comment on the measure.
Stark said he hasn’t spoken with Camp about the Every Child Deserves a Family Act, but added the adoption issue could come before the House Ways & Means Committee in some capacity.
“I suppose that we’ll have a hearing on this at some point — one way or the other,” Stark said. “The press will require it or the Republicans will in opposition to it. The hearings may not be favorable, but there may very well be hearings on it.”
As of Tuesday, the legislation had no Republican co-sponsors, although Stark suggested that the bill may gain GOP support because he’s spoken to a Republican lawmaker who has indicated interest. Stark didn’t identify the U.S. House member.
The list of original co-sponsors for the legislation notably lacks the names of Democratic lawmakers who usually sign on to pro-LGBT legislation — including House Minority Leader Nancy Pelosi (D-Calif.) as well as gay Reps. Barney Frank (D-Mass.) and David Cicilline (D-R.I.).
Drew Hammill, a Pelosi spokesperson, said the Democratic leader will sign on as co-sponsor.
Harry Gural, a Frank spokesperson, said his boss wasn’t asked to support the Every Child Deserves a Family Act.
“Congressman Frank considers co-sponsoring a bill when he is asked by the member introducing the bill, when one of that member’s staff makes a request via our staff, or when he gets a request from a constituent,” Gural said. “In this case, none of those took place.”
Jessica Kershaw, a Cicilline spokesperson, said the legislation is on her boss’ radar and he’s reviewing it.
Despite the lack of outright support from the White House, one LGBT rights organization maintained the Obama administration is already working to address adoption discrimination through administrative means.
Fred Sainz, the Human Rights Campaign’s vice president of communications, said the Department of Health & Human Services is “doing a substantial amount of work” as part of HRC’s “All Children All Families” initiative, an agency by agency approach to preventing LGBT discrimination in adoption cases, which aims for the same results as Stark’s legislation.
“At the same time, HRC is working with the HHS to provide greater incentives to states, tribes and territories which receive federal funds to establish more inclusive practices,” Sainz said. “The Informational Memorandum on LGBT youth and families which went out two weeks ago, and was largely a result of our advocacy, is a good example of that ongoing work.”
Sainz was referring to an April 6 memo from HHS encouraging child welfare agencies to serve better the needs of LGBT youth in the foster care system. The memo states agencies should avail themselves of federal funds for training staff on serving LGBT children and called LGBT potential parents an untapped resource for providing homes for LGBT youth.
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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