National
Key vote on LGBT student bill could come in June
Polis expects Senate committee vote on SNDA
Rep. Jared Polis said he expects a Senate committee to vote on SNDA in June. (Blade file photo by Michael Key)
A crucial vote on a non-discrimination measure for LGBT students could take place next month when a key Senate committee takes up education reform legislation.
Rep. Jared Polis (D-Colo.), a gay lawmaker who works on education issues, said Monday the Senate panel with jurisdiction over education reform is set to consider the Elementary & Secondary Education Act reauthorization in June.
“It’s a very complex area of law, and it’ll begin with Senate markups in June as Chairman [Tom] Harkin has indicated he plans to hold,” Polis said during a conference call hosted by the Center for American Progress.
Anti-bullying advocates have been pushing for the inclusion of SNDA, which Polis sponsors in the House, as part of larger education reform. SNDA prohibits public schools and school programs from discriminating against LGBT students.
Polis predicted Harkin’s initial mark for Elementary & Secondary Education Act reauthorization wouldn’t contain the pro-LGBT measures and suggested a vote would take place in committee to include SNDA in the larger bill.
“Although we don’t expect to see SNDA in the chairman’s mark of the initial bill, we are optimistic we can amend the ESEA because all but one of the Democrats on the committee are co-sponsors of the Student Non-Discrimination Act,” Polis said.
In the Senate, Sen. Al Franken (D-Minn.) sponsors SNDA. He’s a member of the Senate HELP committee, so any amendment to include this measure as part of Elementary & Secondary Education Act reauthorization would likely come from him.
As of last week, Sen. Kay Hagan (D-N.C.) was the sole Democrat on the Senate Health, Education, Labor & Pensions Committee who wasn’t a co-sponsor of SNDA.
But Stephanie Allen, a Hagan spokesperson, said her boss this week signed on as co-sponsor for the student non-discrimination bill.
Hagan’s co-sponsorship means Democrats on the HELP committee are unanimous in their support for SNDA. Additionally, her support brings the total number of SNDA supporters on the panel to 12, the majority needed for passage in committee.
Despite Polis’ remarks, Capitol Hill observers said the plan for proceeding in the Senate with education reform and SNDA haven’t yet been settled.
Shawn Gaylord, director of public policy for Gay, Lesbian & Straight Education Network, said he’s also heard that Harkin wants to proceed with education reform in June, but plans for SNDA inclusion haven’t yet been settled.
“You hear conflicting opinions on how that’s going to move forward,” Gaylord said. “I would imagine in the next two weeks, we’ll learn a little more about what the real strategy is, but at the moment I still think there’s viewpoints about what’s happening.”
Spokespersons for Democratic senators wouldn’t confirm that plans are in place to amend the Elementary & Secondary Education Act reauthorization to include SNDA during a markup in June.
Justine Sessions, a HELP committee spokesperson, was mum on the components that would be included in education reform as she acknowledged the committee is working on crafting a bi-partisan package.
“We are continuing to work to craft a comprehensive, bipartisan bill to reauthorize ESEA, and are not commenting on any specific elements of the legislation,” Sessions said.
Alexandra Fetissoff, a Franken spokesperson, said SNDA is a “big priority” for her boss, but plans for the legislation remain unclear.
“Right now the status of the bill is in flux and we’re still working very hard to get it included,” Fetissoff said. “As of today, every Democratic member of the HELP committee is a cosponsor of SNDA, which demonstrates its strong support in the committee. Beyond that we can’t comment on ongoing negotiations.”
Whether a vote on an amendment would also take place during the committee markup to include the Safe Schools Improvement Act, another anti-bullying bill, remains unclear.
In the Senate, Sen. Bob Casey (D-Pa.) sponsors SSIA which, among other things, would require public schools to establish codes of conduct explicitly prohibiting bullying and harassment.
Larry Smar, a Casey spokesperson, said plans to pursue SSIA in education reform are similarly not yet pinned down at this point.
“We don’t yet know what will be in the base bill,” Smar said. “Sen. Casey has urged Senator Harkin to include SSIA in the ESEA reauthorization. Since so much is unknown at this point I can’t get into exact strategy.”
SSIA doesn’t enjoy the same level of support in the HELP committee as SNDA, so adoption of the Casey bill as part of education reform may be more challenging.
Three Democrats on the panel aren’t co-sponsors of SSIA: Sens. Hagan, Jeff Bingaman (D-N.M.) and Michael Bennet (D-Colo.).
Jude McCartin, a Bingaman spokesperson, said his boss sometimes supports bills even though he doesn’t co-sponsor them.
“Sen. Bingaman supports [and] hopes the reauthorization of ESEA contains strong anti-bullying [and] non-discrimination provisions, though at this point in the negotiations it is unclear what those might be,” McCartin said.
Adam Bozzi, a Bennet spokesperson, said his boss believes that SNDA is the best way to end anti-gay harassment of students.
“Sen. Bennet supports addressing bullying in our schools, particularly as it relates to GLBT students,” Bozzi said. “He believes the best approaches include the Student Non-Discrimination Act, which he has co-sponsored in the Senate.”
Given that Hagan, Bingaman and Bennett are co-sponsors for SNDA and voted in favor of “Don’t Ask, Don’t Tell” repeal last year, their support for the SSIA is likely should the measure come up in committee.
Additionally, Sen. Mark Kirk (R-Ill.) was an original co-sponsor for SSIA, so his affirmative vote could make up for any single Democrat that doesn’t support the measure. Additionally, Kirk’s co-sponsorship may encourage other GOP members of the panel to vote in favor of the bill.
The extent to which the White House will lobby for passage of an LGBT-inclusive ESEA reauthorization package also remains to be seen.
The White House hasn’t yet enumerated support for either the SNDA or the SSIA, although it has called for safer schools as part of education reform without specifically mentioning anti-LGBT bullying.
Shin Inouye, a White House spokesperson, said the administration will work with Congress to produce education reform legislation that provides protections against harassment.
“When the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment,” Inouye said.
Gaylord said the White House has expressed support for the anti-bullying policy, but hasn’t been visible in working to pass LGBT-inclusive education reform.
“What they might be doing behind the scenes, I don’t know,” Gaylord said. “I suspect one possibility may be that they’re waiting for stronger signals that this is really moving forward and, again, that could all become clear in the next week or two because it does seem like there’s some new activity happening.”
But the biggest challenge in passing LGBT-inclusive education reform legislation is ensuring that the enumerated protections meet majority approval in the Republican-controlled House.
Rep. John Kline (R-Minn.), chair of the House Committee on Education & the Workforce, has said he envisions education reform as a series of smaller bills as opposed to one larger piece of reform legislation.
Last week, Rep. Duncan Hunter (R-Calif.) introduced the first of these bills: the Setting New Priorities in Education Spending Act. The bill proposes to cut 43 education programs, many of which were already defunded in the final FY-2011 budget agreement signed into law by President Obama.
Alexandra Sollberger, a spokesperson for the House Committee on Education & the Workforce, was non-committal in response to an inquiry on whether Kline would be open to pro-LGBT elements in education reform.
“We are holding ongoing discussions with minority committee staff on the content of these bills,” Sollberger said.
But Sollberger said any provision dealing with safe schools would come up last in Kline’s plan for education reform legislation.
“The education reform bills will each address a different theme, such as flexibility, teachers, and accountability,” she said. “Any efforts to address safe school issues will likely come into play with the accountability legislation, which is likely to be the last piece of the puzzle.”
Polis said SNDA advocates in the House will work to build the number of co-sponsors for the legislation to enhance its chances for passage as part of education reform.
“Our work in the meantime … is to simply increase the number of sponsors and show that this piece of legislation will have among the top number of sponsors and supporters than any other legislation for ESEA,” Polis said.
As of deadline, the legislation has 132 co-sponsors — including two Republicans — which is more than the bill had in the last Congress when Democrats were in control of the House.
Another pending bill that would help LGBT students is the Tyler Clementi Higher Education Anti-Harassment Act, which would require colleges to establish policies against harassment.
Polis said the legislation is focused on higher education so wouldn’t be part of Elementary & Secondary Act reauthorization.
“It wouldn’t be included in ESEA,” Polis said. “That’s just the K-12 grade piece, so it would be a different area of federal law.”
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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