National
Gay assemblyman introduces N.Y. marriage bill
Anti-gay group launches attack ads opposing measure
New York Assemblyman Daniel O’Donnell (D-Manhattan) (photo courtesy of O'Donnell)
New York Assemblyman Daniel O’Donnell (D-Manhattan), the gay brother of TV personality Rosie O’Donnell, introduced a bill this week to legalize same-sex marriage in the state.
O’Donnell’s action appears to have broken ranks with New York’s Democratic governor, Andrew Cuomo, who promised to introduce marriage equality legislation but has hesitated in doing so just weeks before the state legislature is scheduled to adjourn for the year.
Cuomo, a strong backer of same-sex marriage, reportedly has persuaded a coalition of LGBT advocacy groups campaigning for a marriage bill to support his plan to hold off on introducing the bill until enough votes could be lined up to pass it in the Republican-controlled state Senate.
“It is with great pride that I am introducing the Marriage Equality Act,” O’Donnell said in a statement. “Since the Assembly last passed the bill in 2009, there has been an overwhelming groundswell of support for marriage equality across our state.”
The Democratic-controlled Assembly has passed a same-sex marriage bill three times since 2007, and this is the fourth time O’Donnell has emerged as the lead sponsor of the bill. But the bill lost in the Senate in 2009 by an eight-vote margin at a time when Democrats controlled the body. It was the first time the Senate had taken a vote on the measure.
Josh Vlasto, a spokesperson for Cuomo, told the New York Times on Tuesday that the governor remains committed to seeing the bill pass before the legislature adjourns at the end of June.
“The question has never been the Assembly,” Vlasto told the Times. “The question has always been whether there are the votes in the Senate, and that remains the question.”
Vlasto’s comments came at a time when many political observers in the state were hopeful that between four and six Republican senators would join as many as 28 Senate Democrats to secure the bill’s passage. Most observers expect the Assembly to once again approve the bill.
Republicans have a 32-30 majority in the 62-member Senate.
Supporters, led by a coalition of LGBT groups, including the Empire State Pride Agenda (ESPA) and the Human Rights Campaign, have pointed to a recent public opinion poll showing that 58 percent of New Yorkers support the right of gay and lesbian couples to marry.
Advocates for the bill also note that Cuomo, who has a high public approval rating, is aggressively lobbying both Democratic and Republican lawmakers to vote for a marriage equality bill that he says he wants to personally introduce.
“We think the environment is strong,” said ESPA Executive Director Ross Levi. “To have such a popular governor so forcefully behind it, to have the public so solidly on our side at 58 percent, to have the LGBT community and so many strong allies working closely and coordinated together creates a good environment to work on this and achieve victory,” he said.
In a development that was long expected, the anti-gay National Organization for Marriage announced this week it is launching a $500,000 TV ad campaign to defeat the marriage bill. The group has also vowed to spend $1 million to defeat any Republican lawmaker who votes for the bill and to support the re-election of any Democratic legislator who votes no on the bill.
NOM President Brian Brown (Blade file photo by Michael Key)
“It’s become quite clear in recent days in New York that Gov. Cuomo and same-sex marriage advocates are targeting a select number of Democrat state senators, as well as some Republicans, in their desperate attempt to coerce legislators to support their agenda,” said NOM President Brian Brown.
“We want to be sure those courageous Democrats and Republicans who cast their vote of conscience in favor of traditional marriage will have a strong supporter if the radical gay activists come after them in their next election,” Brown said.
Similar to its practice in other states, NOM’s TV ad opposing the bill, which aired on TV stations this week, claims that legalizing same-sex marriage would result in elementary schools teaching children about gay marriage and how it benefits society.
The Human Rights Campaign has responded by launching its own campaign to challenge the NOM ads, saying the group is falsely linking marriage equality to school curricula.
“We’re fighting for loving committed gay and lesbian couples going down to the courthouse to get married, which has absolutely nothing to do with what is taught in schools,” said HRC President Joe Solmonese. “The ad is a piece of fiction,” he said. “School districts determine what is taught in schools.”
NOM’s Brown argues that the “message” it conveys in its TV ads has resonated in all states in which same-sex marriage bills have come before voters in a referendum. He said NOM’s campaign against same-sex marriage also has been successful in states where gay marriage surfaced in legislatures.
“In Maryland and Rhode Island we just won great victories for marriage,” he said. “Our opponents tried to claim that same-sex marriage was inevitable in both states. They were wrong. Once our message got out and legislators heard from their constituents, same-sex marriage was stopped dead,” he said. “We expect the same to happen in New York.”
Levi said the New York coalition working to pass marriage equality legislation has learned from mistakes made by advocates in other states, including Maryland.
The coalition, called New Yorkers United for Marriage, includes ESPA, HRC, Freedom to Marry, and Log Cabin Republicans. It has launched its own TV ads in support of the marriage equality bill in all parts of the state, according to Levi.
He said more than 1,200 LGBT advocates and their allies descended on the state capital in Albany on Monday in an ESPA-led rally in support of the marriage bill. Participants, among other things, visited the offices of senators as Assembly members to urge them to vote for the measure.
HRC, meanwhile, has been releasing a series of videos in the state featuring testimonials in support of the bill by celebrities, including actors Julianne Moore and Sam Waterston and President George W. Bush’s daughter, Barbara Bush. Former President Bill Clinton issued a written statement supporting the bill last week.
New York Rangers star hockey player Sean Avery surprised the sports world by agreeing to appear in one of HRC’s videos expressing strong support for the marriage bill, becoming one of the nation’s first major sports figures to embrace a gay rights issue.
Levi said the timing of introducing a same-sex marriage bill in the New York Legislature isn’t as important as securing the support from the speaker of the Assembly and the majority leader of the Senate, who have full control over which bills come up for a vote. The Assembly speaker has long been supportive of the bill.
Senate Majority Leader Dean Skellos (R-Long Island) has said he would allow the bill to reach the Senate floor for a vote even though Skellos announced he would vote against it.
According to Levi, the November 2010 election in New York resulted in at least two more senators who have publicly committed to voting for the marriage measure. But Levi was cautious about predicting the outcome of a Senate vote, saying he was optimistic that the bill would pass.
“We’re not taking anything for granted and we’re working carefully in both chambers, particularly talking to new legislators about why this issue is important,” he said. “We’re doing that in both the Assembly and the Senate.”
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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