National
Another shot for DP benefits bill
Lieberman, Baldwin reintroduce legislation
House and Senate lawmakers reintroduced legislation on Friday that would allow the U.S. government to provide domestic partner benefits to federal employees in same-sex relationships.
The legislation, known as the Domestic Partnership Benefits & Obligations Act, would allow gay federal workers to have the same benefits for their partners that straight workers can have for their spouses — including health and pension benefits.
In the House, the legislation was introduced by lesbian Rep. Tammy Baldwin (D-Wis.). The legislation has 53 original co-sponsors, including the other three openly gay members of Congress: Reps. Barney Frank (D-Mass.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.). Rep. Ileana Ros-Lehtinen (R-Fla.) is the sole Republican original co-sponsor for the legislation.
Baldwin in a statement said the U.S. government must “set an example as an equal opportunity employer.”
MORE IN THE BLADE: HRC DENIES NOM CLAIM ON DOMA REPEAL IN DEFENSE BILL
“If we are to treat all federal employees fairly and recruit the best and the brightest to serve in government, we need this legislation,” Baldwin said.
The Senate companion legislation was introduced by Sen. Joseph Lieberman (I-Conn.). The only original co-sponsor of the bill is Sen. Susan Collins (R-Maine). Both were seen as leaders in the legislative fight in the Senate to repeal “Don’t Ask, Don’t Tell.”
Lieberman called passage of the legislation “the next step to achieving equity for the gay community.”
“We repealed the ‘Don’t Ask Don’t Tell’ policy in the military because we want the best men and women America has to offer to defend our country,” Lieberman said. “The same is true for federal employees: we want to attract the best men and women possible to serve in federal government. One way to do that is by offering competitive benefits to the family members of gay federal employees.”
MORE IN THE BLADE: SENATE PANEL APPROVES DOMA REPEAL LEGISLATION
According to a 2009 UCLA Williams Institute report, more than 30,000 federal workers would benefit from the legislation because they’re in committed relationships with same-sex partners who aren’t federal employees.
LGBT advocates heralded the introduction of the bills as way forward to ensure gay federal workers are on the same footing as their straight counterparts.
Joe Solmonese, president of the Human Rights Campaign, said the bill “embodies the simple principle that equal work deserves equal pay.”
“Thousands of LGBT people serve our country every day as federal civil servants, yet their families cannot receive the same important benefits that their straight coworkers’ do,” Solmonese said. “This is not simply a matter of fairness; it is also a way to ensure that the federal government recruits and retains the best and the brightest.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, said Congress should pass the legislation so the U.S. government can keep up with other employers that offer domestic partner benefits.
“It is long past time the federal government — the country’s largest civilian employer — provide benefits to the same-sex partners of federal employees,” Carey said. “In addition to being fundamentally fair and helpful to thousands of families all across the country, extending these benefits is a sound business decision because it will help the federal government recruit and retain the best people.”
R. Clarke Cooper, executive director of Log Cabin Republicans, praised both Ros-Lehtinen and Collins for bringing GOP support to the legislation.
“As the largest employer in the nation, the United States government should lead the way in attracting and retaining the best and brightest for public service,” Cooper said. “Right now the federal government lags behind 22 states, the District of Columbia, and a majority of Fortune 500 companies when it comes to providing competitive personnel policies. This commonsense legislation would provide greater access to benefits for employees, and would do so without adding to the federal debt.”
According to Log Cabin, the Congressional Budget Office estimated last year that the total cost of the legislation would average about $70 million each year through 2020. This estimated cost would be to around two hundredths of a percent, or .02 percent, of the federal government’s total budget for federal employees.
In the last Congress, both House and Senate committees with jurisdiction over the legislation reported their versions of the bills to the floor. However, the legislation didn’t see a floor vote in either chamber of Congress.
The U.S. government could offer these benefits to federal employees without the passage of this legislation if not for the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
Although Lieberman and Collins are championed the federal benefits in the Senate, they aren’t co-sponsors of DOMA repeal legislation known as the Respect for Marriage Act. The bill was recently reported out of committee to the Senate floor.
The Courage Campaign, Freedom to Marry and other LGBT groups have launched a campaign to convince Lieberman and Collins to co-sponsor DOMA repeal, although they haven’t signed on in support.
Lieberman has expressed concern about the portion of the Respect for Marriage Act that would enable federal benefits to flow to married gay couples even if they live in states that don’t recognize marriage equality.
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.
