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Federal funds used to support anti-gay efforts in Iowa

$2.2 million aided group’s marriage campaign

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney declined to directly respond Monday to a recent media report revealing that $2.2 million in federal money that had gone to an Iowa group aided in its efforts to undo marriage equality in the state.

In response to a question from the Washington Blade, Carney said he was unaware of the Associated Press report about the issue and declined to say whether the Obama administration has a problem with federal resources being used for that purpose.

“I wasn’t aware of that,” Carney said. “I’ll have to take that question.”

Carney also demurred when asked about  the idea of President Obama issuing an executive order that would bar the use of federal funds for discriminatory efforts against LGBT Americans as a means to address the issue.

“I don’t have any — I mean, you’re asking a hypothetical about an executive order that doesn’t exist,” Carney said.

MORE IN THE BLADE: DEMOCRATIC WIN PRESERVES MARRIAGE RIGHTS IN IOWA

Last week, AP reported that $2.2 million in a federal grant received by the group — now known as the FAMiLY LEADER — between 2006 and 2010 for marriage counseling purposes also helped pay some operational expenses while the organization was leading a campaign against same-sex marriage. The information was found through grant documents obtained through the Freedom of Information Act.

The grant money reportedly helped the group — then known as the Iowa Family Policy Center — provide marriage counseling and education for hundreds of state residents. But the grant money also contributed to the salaries of five employees, rent, telephone, Internet and other expenses while the group was fighting same-sex marriage in Iowa.

The AP also quotes an anonymous University of Iowa researcher who was a consultant on the grant as saying the group declined to provide same-sex couples education and counseling with the funds.

After the Iowa Supreme Court legalized same-sex marriage in 2009, the FAMiLY LEADER was vocal in opposition to gay nuptials. The group wanted to block the ruling from taking effect and called on the state legislature to amend Iowa’s constitution to bar same-sex marriage.

The group supported last year in the Republican race for governor Bob Vander Plaats, who vowed to sign an executive order to overturn the marriage ruling. After losing to current Iowa Gov. Terry Branstad in the GOP primary, Vander Plaats led the campaign in 2010 that successfully ousted via referendum three of the justices who ruled in favor of same-sex marriage.

The FAMiLY LEADER didn’t immediately respond to the Washington Blade’s request for comment on the AP reporting or whether the organization believes efforts against same-sex marriage were an appropriate use of the grant. According to AP, the Department of Health & Human Services officials approved the grant budget, and there’s no indication the costs violated federal guidelines.

The information that $2.2 million in federal money went to the FAMiLY LEADER isn’t new. Reporter Andy Kopsa of the Washington Independent reported in April that the group received this money through the U.S. Healthy Marriage Demonstration Fund as part of a total of more than $3 million in grants.

But the AP report confirms that these funds aided efforts against same-sex marriage in Iowa and offers details on initiatives and employees working on that campaign who received money as a result of this grant.

Evan Wolfson, president of Freedom to Marry, criticized the use of federal money to rescind marriage rights in Iowa.

“This appears to be an outrageous abuse of taxpayer money, in which funding intended to help support married couples was diverted into an attack on married couples, discrimination against some married couples, and a partisan political agenda that is anything but charitable,” Wolfson said.

Shin Inouye, a White House spokesperson, deferred further comment from the Obama administration on the AP report to HHS.

Richard Sorian, assistant secretary for public affairs at HHS, said the FAMiLY LEADER received its five-year grant in 2006 under a 2005 law signed by former President George W. Bush. But after the President Obama took office in 2009, Sorian said the organization declined the fifth year of its grant — citing “restraints” under the Obama administration — without identifying any restraint in particular.

“The key fact is they’re no longer a grantee and they pulled out of program after we began to review each grantee,” Sorian said. “It wasn’t just that grantee, all grantees were on an active-basis review to make sure that they were doing what they had asked for funds to do.”

Because the organization is no longer a grantee, Sorian said the administration is unable to investigate the FAMiLY LEADER for its use of federal funds.

Still, Sorian said the FAMiLY LEADER’s use of federal funds for its work against same-sex marriage wouldn’t have been appropriate. To receive the grant, Sorian said the FAMiLY LEADER had to propose what it would do with federal funds and how much money it wanted for each activity. But Sorian said campaigning against same-sex marriage wasn’t listed as among its proposals, so federal funds “could not be used for that purpose.”

The AP report isn’t the only media outlet indicating that federal funds could be used to harm or discriminate against LGBT Americans.

In July, Bachmann & Associates, the Minnesota Christian-faith clinic co-owned by Republican presidential candidate Michele Bachmann and operated by her husband, Marcus Bachmann, was revealed to have engaged in widely discredited ‘ex-gay’ reparative therapy. The clinic received $137,000 in Medicaid funds since 2005, although it’s unclear if this money paid for reparative therapy.

The Washington Independent also reported in February that Project SOS, a Jacksonville, Miss., based abstinence education program has received more than $6.5 million in federal funds since 2002. Several watchdog organizations have cited the group for spreading false information about HIV/AIDS. Additionally, Project SOS is a supporter of Ugandan pastor Martin Ssempa, a supporter of legislation that would institute the death penalty in the country for homosexual acts.

In response to such reporting, some LGBT advocates have called for an executive order specifically prohibiting the use of federal funds to discriminate against LGBT Americans.

Richard Socarides, president of Equality Matters, said the AP report from last week demonstrates the need for such a directive.

“We have sought for some time now an executive order specifically baring the use of federal funds for anti-gay purposes and this report again makes perfectly clear why it’s needed,” Socarides said.

Responding to a request for comment on such an order, Inouye said, “The president continues to examine steps the federal government can take to help secure equal rights for LGBT Americans. While I can’t speak to this specific proposal, we’ve already taken steps such as extending benefits to the same-sex domestic partners of federal employees and ensuring equal access to [Department of Housing & Urban Development] programs, and we hope to continue making progress.”

NOTE: This article has been updated.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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.”

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Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

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.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

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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