National
LGBT student bullying on the rise: Justice Dept.
Perez testifies on LGBT issues at Senate oversight hearing
Bullying of LGBT youth is making up a growing number of discrimination complaints received by the Obama administration.
Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, said on Tuesday there has been a growing number of reported bullying cases during an oversight hearing before the Senate Judiciary Committee.
“The bullying of kids who are LGBT is probably the largest growth area in our docket,” Perez said. “This is about safety — whether it’s kids who are gay, whether it’s kids who are Muslim, whether it’s kids who speak English with an accent, whether it’s kids with disabilities, and we have in Tennessee a case involving bullying of kids with disabilities — this is an emerging growth area, I regret to say.”
Perez made the remarks on bullying in response to questioning from Sen. Al Franken (D-Minn.), who introduced legislation known as the Student Non-Discrimination Act that aims to protect LGBT youth from bullying and harassment in school.
President Obama has yet to endorse the legislation. During the hearing, Perez said the administration supports “the goals” of the Student Non-Discrimination Act, but stopped short of offering a full-throated endorsement.
“I very much support the goals behind your efforts in introducing the Student Non-Discrimination Act,” Perez said. “Kids are dying, kids are being brutally assaulted, kids are scared.”
Perez noted that the Obama administration has taken on an “active program engagement” on its own to address bullying. One such step was an anti-bullying summit that Obama and first lady Michelle Obama held at the White House in March.
Additionally, the Education Department has interpreted federal law prohibiting gender discrimination to cover in some instances LGBT students who don’t conform to gender stereotypes. Title IV of the Civil Rights Act and Title IX of the Education Amendments of 1972 prohibit harassment based on gender.
Following up on the remarks, Franken said he assumes Perez’s mention of the Student Non-Discrimination Act means the administration believes “an explicit ban against discrimination in public schools based on sexual orientation” is necessary.
Perez replied, “Our work as I just described in the LGBT context — we proceed under the sex discrimination theory … that gender nonconformity is one form of sex discrimination under federal law.”
Later during the hearing, Perez said congressional action to expand the definitions regarding discrimination in schools would be helpful, although he didn’t specifically name any legislation.
“It would obviously be much simpler if you could expand the universe of cases involving people who have been victimized if you were to expand those definitions,” Perez said.
LGBT bullying was raised during the hearing among other issues related to the Justice Department’s Civil Rights Division including protection of early voting, redistricting and protections of service members returning home.
Among the successes that Perez touted was the enactment of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which Congress passed in 2009.
Asked by Sen. Chris Coons (D-Del.), who chaired the hearing, about the benefits of the hate crimes law to the LGBT community, Perez replied that it has “transformed our ability to combat hate crimes in remarkable ways.”
“One of the really remarkable and helpful ways that this has transformed our government is that is has facilitated additional cooperation with state and local authorities,” Perez said. “We’ve trained over 4,000 local law enforcement officers. I have participated personally in many of them. Our message is this: this is not a law simply for the feds, this is everyone’s law.”
Perez said he doesn’t measure the success of the law by the number of federal prosecutions of hate crimes, but in terms of whether it has prevented crimes and “the quality of justice writ large — whether it’s federal, state, local.”
The lack of federal non-discrimination protections in employment also came up during the hearing as a continuing problem for LGBT people.
Asked by Coons about areas of federal law that protect other groups from discrimination but not LGBT people, Perez noted the lack of workplace protections.
Perez recalled the administration’s support for the Employment Non-Discrimination Act, which would bar job bias against LGBT people in most situations in the private and public workforce, and said passage would be “very helpful.” Perez testified before the Senate in favor of the law in 2009.
“The first hearing I had after confirmation was on the Employment Non-Discrimination Act,” Perez said. “The hate crimes bill was introduced in 1996. It took 13 years. ENDA was actually introduced a few years before that, and it’s still pending.”
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.

