National
New Jersey Assembly passes marriage bill, 42-33
Gov. Christie promises to veto

While marriage advocates are optimistic, New Jersey Gov. Chris Christie has vowed to veto the bill. (Photo by Walter Burns via Wikimedia Commons)
The New Jersey state Assembly passed a bill extending marriage rights to same-sex couples on Thursday, after the Senate approved the measure earlier in the week.
At 4:45 p.m. the Assembly voted to pass the bill by a narrow 42-33, giving it just enough votes to pass out of the 80 member chamber, but not enough to overcome a promised veto by Gov. Chris Christie. The tally was initially announced as a 41-33 vote with one abstention, but shortly after the vote, the tally was updated, with the error blamed on a “stuck button,” according to one source who was in the State House at the time.
“I think it’s a giant step forward,” said Marc Solomon, Freedom to Marry’s national campaign director. “The Senate in New Jersey voted two years ago and defeated a marriage bill pretty overwhelmingly, and now today passed in the Senate and the Assembly… and that is a significant step forward.”
In what was expected to be a close vote on Monday, the New Jersey Senate handily passed the Marriage Equality and Religious Exemption Act — known as S1 — by a 24-16 margin.
In order to overcome a veto, the Senate will need to find an additional three votes in favor, as a two-thirds majority of the 40-member chamber is 27. In the 80-member New Jersey General Assembly, 54 votes in favor would be needed to overcome a governor’s veto, which leaves marriage supporters with the job of flipping or finding 12 additional votes in that chamber in 23 months.
The legislature would have until the end of this legislative session on Jan. 18, 2014 to override Christie’s veto. Advocates are cautiously optimistic that this is possible.
Sources at the vote report only Democrats voted in favor of the bill in New Jersey, after heavy campaigning from the governor.
“It still passed with not just the aversion of the governor, but with the active arm twisting of the governor to get Republicans to vote against the bill,” Solomon told the Blade minutes after the Thursday afternoon vote. “There are Republicans who support the freedom to marry in the Assembly, but unfortunately the governor really twisted arms.”
Cristie has advocated in favor of taking the question to voters through a ballot measure, something that has angered LGBT advocates and civil rights veterans alike. Last month Georgia Congressman John Lewis lashed out at Christie for a statement he made implying that civil rights leaders would have rather had civil rights issues sent to popular vote rather than making advances through legislation and litigation.
ThinkProgress reports that after she signed a bill legalizing gender neutral marriage in Washington, Gov. Christine Gregoire sent a letter to Christie encouraging him to do the same.
“If two men want to fall in love and get married, or two women, it’s their business,” said Lewis, according to the Advocate. “It’s not the role of the federal government or the state government to intervene. It’s a question of human dignity, a question of human rights. I think the day will come in New Jersey and all across our country when we will look back on this period and say, ‘We were just silly. We were just foolish.'”
Same-sex marriage activists, including Solomon, believe there is time to move lawmakers to their side by presenting them with compelling stories from real couples affected by legal discrimination.
“We will sit down immediately and look at the lists and see who the persuadable lawmakers are,” Solomon said. “My own experience is as we put forward the really smart field effort to mobilize married couples who deserve to get married and share their stories with lawmakers, we’re going to get those lawmakers.”
“People only move one way on this issue, and it’s our way.”
University of California Los Angeles-based LGBT think tank, the Williams Institute, estimates that 16,875 same-sex couples live in New Jersey, with nearly 3,000 of those couples raising an estimated 6,650 total children. New Jersey is likely to generate $48 to $119 million for the state economy in same-sex wedding-related business if the bill passes, according to the think tank. It said that 4,447 of the nearly 17,000 same-sex couples in the Garden State already identify one another as “spouses.”
On Jan. 7, 2010, a bill calling for the extension of marriage rights to same-sex couples failed in the New Jersey Senate on a vote of 14-20. Senate leadership has since become much more involved in pressuring the chamber in favor of the bill, with a greater emphasis on lobbying the 24 Democrats and 16 Republicans than ever before.
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.
