National
Demise of ‘Don’t Ask’ celebrated, but questions linger
Pentagon, lawmakers herald end of military’s gay ban
Defense Secretary Leon Panetta (Blade photo by Michael Key)
Top Pentagon leaders and lawmakers celebrated the end of “Don’t Ask, Don’t Tell” this week as questions about the impact of the law’s repeal persist for gay service members.
Defense Secretary Leon Panetta said during a news conference that the end of “Don’t Ask, Don’t Tell” is “an historic day for the Pentagon and for the nation.”
“As secretary of defense, I am committed to removing all of the barriers that would prevent Americans from serving their country and from rising to the highest level of responsibility that their talents and capabilities warrant,” Panetta said. “These are men and women who put their lives on the line in the defense of this country, and that’s what should matter the most.”
Panetta said more than 97 percent of the 2.3 million men and women in the armed forces have received education and training on handling open service. The training started after President Obama signed repeal legislation in December.
Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, who was likely making his final appearance before the media in his role before stepping down from his position Oct. 1, recalled the testimony he gave before the Senate in February 2010 in favor of repeal.
“I believed then, and I still believe, that it was first and foremost a matter of integrity; that it was fundamentally against everything we stand for as an institution to force people to lie about who they are just to wear a uniform,” Mullen said. “We are better than that. We should be better than that.”
Hours earlier, U.S. senators who were among the 65 who voted for repeal held a separate news conference to commemorate the end of “Don’t Ask, Don’t Tell.” Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine), the original co-sponsors of the repeal legislation, were joined by Senate Armed Services Committee Chair Carl Levin (D-Mich.), Mark Udall (D-Colo.), Chris Coons (D-Del.) and Kirsten Gillibrand (D-N.Y.).
Lieberman said the effort to repeal “Don’t Ask, Don’t Tell” in Congress was one of the most satisfying and thrilling experiences he’s had as a senator.
“In our time, I think the front line of the civil rights movement is to protect people in our country from discrimination based on sexual orientation — all the more so when it comes to the United States military, whose mission is to protect our security so we can continue to enjoy the freedom and equal opportunity under law,” Lieberman said.
Sen. Susan Collins (center) with other U.S. senators (Blade photo by Michael Key)
Collins read aloud a postcard she received in July after her committee vote in favor of “Don’t Ask, Don’t Tell” repeal from someone in Afghanistan who signed the note anonymously as “an Army soldier.” The postcard thanks Collins for her vote as a Republican and pledges to repay the vote “with continued professionalism.”
“This touches me so much for two reasons,” Collins said. “One, that this Army soldier deployed in Afghanistan took the time to write to thank me for my leadership. But second, it is so poignant that he couldn’t sign his name. He had to write, ‘an Army soldier,’ and today he can sign his name, and that makes all the difference.”
Amid the celebrations over the end of “Don’t Ask, Don’t Tell” at these news conferences, questions emerged about how to extend greater benefits to LGBT service members.
Only half the senators at the news conference — Udall, Gillibrand and Coons — are co-sponsors of legislation that would repeal the Defense of Marriage Act, which prohibits same-sex marriage. Collins, Lieberman and Levin aren’t co-sponsors of the legislation known as the Respect for Marriage Act.
Collins left the news conference at the start of the question-and-answer period. In response to a question from the Washington Blade, Levin affirmed his support for the Respect for Marriage Act, while Lieberman offered qualified support.
The Connecticut senator said he had issues with the “full faith and credit” portion of the Respect for Marriage Act enabling federal benefits to flow to married gay couples even if they live in a state that doesn’t recognize same-sex marriage.
“I do support it in part — I think we’ve got to celebrate what we’ve done today — I certainly support it in regard to discrimination in federal law based on sexual orientation,” Lieberman said.
During the Pentagon news conference, one reporter asked about possible guards against troops opposed to open service attempting to undermine it by committing acts of harassment or violence against gays.
Panetta said the military has “zero tolerance” for harassment and the command structure in place should address any such behavior.
“My hope is that the command structure operating with … the standard disciplines that are in place will implement those disciplines and will ensure that harassment doesn’t take place and that all behavior is consistent with the discipline and the best interests of our military,” Panetta said.
Some advocates have said the chain of command doesn’t provide sufficient protection against discrimination for gay service members — particularly if the discrimination is coming from a commanding officer — and have called on Obama to sign an executive order barring discrimination in the armed forces on the basis of sexual orientation and gender identity.
Another lingering question is whether military chaplains can officiate at same-sex weddings and if base facilities can be used for such ceremonies in states where same-sex marriage is legal.
A Navy memo dated April 13 affirmed that chaplains could officiate at same-sex weddings and base facilities could be used for this purpose, but this guidance was rescinded after an outcry from social conservatives. Guidance on the matter has yet to be reissued.
Following the Pentagon news conference, Defense Department General Counsel Jeh Johnson took questions from the media, and, in response to a question from the Blade, said such guidance clarifying the rules is forthcoming.
“We are very, very close to having a resolution of that issue,” Johnson said. “It’s something I’ve been working on myself. … We’re pretty much done and there should be something issued to the chaplain community and others very, very soon on that.”
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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