National
Discharged gay troops ready to re-enlist
‘That’s the life I was destined to lead’
Thomas Cook
For Thomas Cook, deciding whether or not to re-enlist in the U.S. military after “Don’t Ask, Don’t Tell” is off the books is a no-brainer.
Cook, a Houston resident who was discharged in 2004 under the anti-gay law, said he “absolutely” plans to rejoin the armed forces on the day that the military’s gay ban is lifted.
“That’s the life I was destined to lead,” Cook said. “I think military service is in my blood and my past experience in the military — I absolutely loved it. I wouldn’t have changed anything about it. I come from a family of military people, and I’m looking forward to going back into the military as soon as I can — Sept. 20.”
Cook, now 29, said he doesn’t intend to enter the same field in the military that he held upon his discharge, nor will he enter the same branch of service. He served in military intelligence in the Army prior to his separation, but Cook said he plans to join the Air Force nursing field to make use of the education he has since received in that area.
On July 22, President Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chief of Staff Adm. Mike Mullen certified that the U.S. military is ready for open service in accordance with the repeal law signed in December, starting the 60-day period for when “Don’t Ask, Don’t Tell” will be a thing of the past on Sept. 20.
Gay service members discharged under “Don’t Ask, Don’t Tell” will be able to re-enter the armed forces from that point forward. Some service members whose separations received media attention said their affinity for military service leaves no doubt in their mind that they’ll re-enter the military as soon as possible.
Cook, who first joined the Army in 2001, said he feels compelled to continue military service even though he was kicked out after he declared his sexual orientation. In 2003, the team leader in Cook’s company said during a training exercise he’d kill anyone in his crew whom he found out was gay. Cook reported the team leader’s remarks to his battalion commander and said the threat alarmed him because he is gay. The confession started Cook’s discharge proceedings, and he was ultimately separated from the Army under “Don’t Ask, Don’t Tell” on Jan. 20, 2004.
Seeking to rejoin the military, Cook was lead plaintiff in Cook v. Gates, a lawsuit challenging “Don’t Ask, Don’t Tell” that was filed by Servicemembers Legal Defense Network. However, the U.S. District Court in Massachusetts and the U.S. First Circuit Court of Appeals upheld the constitutionality of “Don’t Ask, Don’t Tell” in response to the challenge, forcing Cook to wait for legislative repeal before he could re-enter the military.
Cook said he bears no ill-will toward the military even though he was expelled from his position simply for stating his sexual orientation and was unable to reclaim his role through the litigation in which he was lead plaintiff.
“The organization itself has the policy in place, but the people I worked with didn’t necessarily believe in the policy,” Cook said. “I worked with people and the other soldiers that believe the same things I believed, which is anyone and everyone that is eligible to serve and is capable of serving should be allowed.”
Other service members whose discharges received prominent attention also said they intend to rejoin the armed forces after the gay ban is lifted — but aren’t feeling the same need to re-enlist on Sept. 20 as soon as “Don’t Ask, Don’t Tell” is off the books.
Alex Nicholson (Washington Blade file photo by Michael Key)
Alex Nicholson, executive director of Servicemembers United, is planning to re-enter the military as a member of the Reserves and, after obtaining a law degree, pursue a career as a military lawyer in the Judge Advocate General’s Corps.
“It’s still a lifestyle and a set of people that I am comfortable around and I’ve always had an affinity for,” Nicholson said. “It’s hard to explain the phenomenon and the fraternity that it is.”
Like Cook, Nicholson plans to take a different position than his previous role. Nicholson was an Army intelligence officer prior to his separation at the age of 20 under “Don’t Ask, Don’t Tell” in 2002. A fellow service member outed him to his unit after she read a letter he had written in Portuguese to a man he dated before he joined the Army.
After forming Servicemembers United in 2005, Nicholson became active in the discussion with the White House and Congress that led to legislative repeal of “Don’t Ask, Don’t Tell.” Nicholson was also the sole named plaintiff in the lawsuit Log Cabin Republicans v. United States, which led the U.S. Ninth Circuit Court of Appeals to institute an injunction this year barring further discharges under “Don’t Ask, Don’t Tell.”
Despite his plan to rejoin the military, Nicholson, now 30, said he plans to hold off on re-enlisting for about two or three years as he continues his advocacy work because he doesn’t believe being in the military while acting as a watchdog for gay troops is appropriate.
“I just don’t feel like I would be able to continue to do the job that I do by doing that,” Nicholson said. “That’s going to add a whole additional layer of complexity to the political work, or the watchdog work that we do, if I were to do something like that.”
Also planning to re-enlist is Mike Almy, a former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006. He said he wants back in the armed forces because he has an affinity for it.
“It’s what I’ve done for 13 years,” Almy said. “I miss it, the people, the camaraderie, the mission and want to finish my career.”
After a fellow service member read a private e-mail revealing his sexual orientation and reported the information to his commander, Almy was discharged under “Don’t Ask, Don’t Tell.” He never made a public statement that he was gay, but was nonetheless separated.
Almy, 40, received significant attention as a service member discharged under “Don’t Ask, Don’t Tell” after testifying before the Senate Armed Services Committee last year against the military’s gay ban and taking on tough questioning from Sen. John McCain (R-Ariz.).
The best path that Almy said he sees for re-entering the armed forces is the resolution of the lawsuit in which he is lead plaintiff, Almy v. United States. The case, filed by SLDN and pending before the U.S. District Court of Northern California, seeks to reinstate him and other plaintiffs in the armed forces.
The case, Almy said, represents his best chance to return to the Air Force as an officer because of difficulties in the path ahead if he were to re-enlist at a recruiting station.
“It’s very difficult as an officer to go back on active duty, and that has absolutely nothing to do with ‘Don’t Ask, Don’t Tell,’ but just the fact that being separated and out for a couple years — coupled with the fact that there’s a drawdown — so that’s why we got the lawsuit in the works,” Almy said.
Mike Almy (Washington Blade file photo by Michael Key)
Almy added he’s expecting a resolution to the lawsuit in a couple of months and not the exact same position he held upon discharge, but a position that is comparable and the same rank.
Upon his discharge under “Don’t Ask, Don’t Tell,” Almy lost all the benefits he would have had if he had been allowed to retire on his own accord. His reinstatement in the armed forces would enable him to reclaim those benefits.
“I have none whatsoever,” Almy said. “That’s what we’re trying to get as well. Assuming we’re successful in the lawsuit and win, and get reinstatement, then we’ll pick up where we left off basically, so I’ll get those benefits, go on to finish my career and ultimately retire.”
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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