National
NETROOTS: Lesbian SEIU head backs exec order against LGBT job bias
Henry says directive would make it easier to pass ENDA at later time
Openly gay SEIU President, Mary Kay Henry. (Photo courtesy SEIU Local 1)
The lesbian leader of the nation’s fastest-growing labor union on Saturday endorsed the idea of President Obama issuing an executive order barring federal contractors from engaging in anti-LGBT job discrimination.
Mary Kay Henry, who’s openly gay and president of the Service Employees International Union, said in a brief exchange with the Washington Blade at Netroots Nation she would support such a directive as an interim alternative to passage of the Employment Non-Discrimination Act while Republicans remain in control of the U.S. House.
“I think because just like every situation where you chip away at the inequality, and begin to establish as it a norm, it makes it easier to get it legislated,” Henry said.
LGBT rights supporters have been calling on Obama to issue an executive order that would prohibit the U.S. government from doing business with companies that don’t have policies protecting employees against job discrimination based on their sexual orientation or gender identity. The White House hasn’t said one way or the other whether the president would issue such a directive.
Lawmakers who’ve endorsed the idea of issuing this executive order include gay Rep. Jared Polis (D-Colo.) as well as Sens. Tom Harkin (D-Iowa) and Jeff Merkley (D-Ore.). Henry joins those backing this directive as president of a labor union representing 1.8 million workers in three sectors: health care employees, such as hospital and nursing home workers; public service employees, such as local and state government workers; and property service employees, such as janitors, security officer and food service workers.
Henry compared the effort to persuade Obama to issue an executive order against LGBT job bias to what she said was the labor movement’s goal of encouraging the president to sign a directive mandating that federal contractors permit employees the right to “freely form unions.”
“We’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it,” Henry said.
While backing the idea of an executive order, Henry said the labor movement has also been active in pushing for legislative passage of ENDA. The legislation, sponsored by gay Rep. Barney Frank in the House and Merkley in the Senate, is pending before Congress and would job bias against LGBT people in most private and public workforce situations.
“We’ve been public in favor of it,” Henry said. “We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.”
Henry, who became president of the SEIU in May 2010, she said she thinks her election as head of the union demonstrates that “all the justice fights are really one fight” and recalled that unionized health care workers worked against LGBT discrimination during the AIDS epidemic in the 1980s.
“And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care,” Henry said. “And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.”
Henry also observed that LGBT rights come under attack in different states just as union rights are threatened in state after state. For example, in Wisconsin, Gov. Scott Walker (R) earlier this year signed legislation restricting the collective bargaining rights of state workers. Similarly, Walker last month withdrew the previous administration’s legal defense of the Wisconsin’s domestic partner registry, contending the law signed by former Rep. Jim Doyle (D) violate the state’s constitutional ban on same-sex marriage.
“We’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state,” Henry said. “And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality, which, I think, is incredible in this environment.”
Henry said being an out lesbian hasn’t been obstacle as leader in the labor movement and said people whom she’s met in the role have been “really warm and welcoming.” Prior to becoming SEIU president, Henry was a founding member of the organization’s Lavender Caucus, which represents LGBT workers.
“I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet,” Henry said.
The transcript of the exchange between the Washington Blade and Henry follows:
Washington Blade: What kind of significance do you think being out as a lesbian and head of the SEIU has for the labor movement?
Mary Kay Henry: I think what it represents is the advance we’ve made in understanding how all of the justice fights are really one fight. And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care. And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.
In our contract bargaining, we’ve been fighting against … discrimination based on LGBT issues for decades and we’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state. And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality at the same time, which, I think, is incredible in this environment.
Blade: Has being an out lesbian had any impact on your work in the labor movement? Has it been an obstacle in any way?
Henry: It hasn’t. I’ve found people to be really warm and welcoming. I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet.
Blade: One important goal for the LGBT movement is passage of the Employment Non-Discrimination Act. What has the labor movement done to facilitate passage of that bill?
Henry: We’ve been public in favor of it. We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.
Blade: Would you support an executive order barring federal contractors from engaging in job bias against LGBT people as an interim alternative to ENDA passage?
Henry: Yeah. And we’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it.
Blade: Why do you think an executive order on ENDA would be helpful?
Henry: I think because just like every situation where you chip away at the inequality and begin to establish as it a norm, it makes it easier to get it legislated.
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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