National
White House holds LGBT health summit
Officials hail LGBT progress at Philadelphia conference
PHILADELPHIA — The White House heard the concerns of LGBT people here during the first of a series of conferences aimed at allowing the Obama administration to engage directly with the LGBT community and highlight its achievements.
More than 300 people from 22 states attended the conference, which was focused on LGBT health, on Thursday in the Dorrance H. Hamilton Building at Thomas Jefferson University.
Obama administration officials touted their work over the past three years on health and LGBT issues. Conference participants asked questions of officials in a town-hall style format — many focused on transgender inclusion of the administration’s LGBT work — and participated in workshops on issues such as LGBT aging, youth and transgender health as well as the health care reform law and engagement opportunities with the administration.
Secretary of Health & Human Services Kathleen Sebelius delivered the keynote speech and emphasized the purpose of the conferences was to allow the Obama administration to have greater engagement with the LGBT community.
“The goal of these conferences is to talk about some of the work that we’re doing that might be of interest to you in health, but it’s also a real opportunity … to listen, to have you share your ideas and your challenges and your struggles with us because that really helps us inform our policy each and every day,” Sebelius said.
The secretary invoked President Obama’s State of the Union address, recalling his emphasis on “fairness” as a core American value, and said this sense of fairness applies to LGBT people.
“We need to have an America that values everyone and has the same set of values and same set of rules for everyone,” Sebelius said. “And that belief means ensuring that LGBT Americans have the same protections and opportunities as their neighbors, as their colleagues, as their family members.”
Sebelius also emphasized the importance of the health care reform law. Among the LGBT-specific areas the secretary trumpeted was preventing insurers from discriminating against someone based on LGBT status, initiating data collection efforts on LGBT health and expanding HealthCare.gov to facilitate searches for health insurance plans covering same-sex partners.
The secretary also touted the insurance exchanges aimed at lowering costs to make health care more affordable.
“Every American in 2014 will have access to an insurance exchange, either run by the state or run by the federal government,” she said. “The only thing that the state can do is opt out of running it themselves, but believe me, right behind them, is us.”
Sebelius also addressed the administration’s effort to combat HIV/AIDS through the National AIDS Strategy, noting that half of all black gay men in urban areas are living with the disease.
“The result is more momentum behind domestic HIV efforts today than we’ve had for nearly a decade, and we’re only just beginning,” Sebelius said. “We think we have an opportunity … to look at a generation that will be HIV free.”
On Monday, Obama made public his budget request for fiscal year 2013, which includes an increase in funding for domestic HIV/AIDS programs, but flat-lined research programs and cut the President’s Emergency Plan for AIDS Relief, which is aimed at fighting AIDS overseas.
No mention was made about progress in research efforts to lift the Food & Drug Administration’s ban prohibiting gay and bisexual men from donating blood. HHS told members of Congress in July it was studying four areas to determine whether it could end the ban.
John Berry, director of the Office of Personnel Management and the most senior openly gay official in the Obama administration, delivered opening remarks at the event that catalogued Obama’s LGBT achievements, including repeal of “Don’t Ask, Don’t Tell” and discontinuation of the defense of Section 3 of the Defense of Marriage Act in court.
“I grew up in a time when it was OK to discriminate based on sexual orientation, when I could be kept from a loved one’s hospital bed, when I couldn’t serve the country I loved just because of who I loved,” Berry said. “Many of us in this room grew up in the midst of that fear and hostility, but thankfully the tide is turning.”
Berry cited the legal briefs the Obama administration has filed in cases against DOMA: both in Golinski v. United States and Windsor v. United States.
“I encourage you, if you’ve never read a legal brief, pick this one up,” Berry said. “It explains why discrimination based on sexual orientation is entitled to heightened constitutional scrutiny, and that is based upon the history that we have lived through and why they conclude — the president and the Justice Department — that Section 3 fails that scrutiny.”
Outstanding work on LGBT issues that the president wants to see accomplished, Berry said, includes removing DOMA from the books and passage of the Employment Non-Discrimination Act.
After his speech, Berry told the Washington Blade that he couldn’t “go into any specifics” about forthcoming LGBT-related policy changes.
“The beauty of having over 200 LGBT appointees embedded across our government is that every day they’re making changes in regulations and forms and laws and working in policies that are making the future,” Berry said.
Berry deferred questions to the White House on whether the new initiatives would include an executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies.
The conference also featured a panel of three HHS officials: Kathy Greenlee, assistant secretary for aging; Howard Koh, assistant secretary of health; and Ken Choe, deputy general counsel. Greenlee and Choe are openly gay.
During his remarks on the panel, Greenlee said she “must crow about” how HHS recognizes diversity within the LGBT community as it works on related issues.
“The people at HHS are sophisticated enough and committed enough to understand that LGBT is not a word and that each of those letters represents a different community,” Greenlee said. “As we do the analysis of our work, there are times that we stop and say, ‘What are we doing for the transgender community? Do we have anything for bisexuals? And lesbian and gay health are different issues.”
According to the White House, later conferences planned in other places throughout the country will focus on topics including — but not limited to — housing and homelessness, safe schools and communities, and HIV/AIDS prevention. An informed source said the next conference will take place March 9 in Detroit and will focus on LGBT homelessness.
Kellan Baker, a health policy analyst for the Center for American Progress’ LGBT research and communications project, attended the conference.
“It’s amazing that LGBT health is the first in this series of really groundbreaking events that the White House is doing, and it’s really exciting to have the secretary here to talk about all the great work that HHS is doing now and that they’re planning to do in the future,” Baker said.
But Baker identified one area of improvement that HHS could pursue: expanding the search option on HealthCare.gov to find plans that don’t exclude care for transgender people.
“I get a lot of questions about where to find lists of plans or policies that don’t include these exclusions,” Baker said. “Almost every single plan — including Medicare, most state Medicaid plans, most private plans, including those sold through the Federal Employees Health Benefits Program — has exclusions that specifically target care for transgender people and make it impossible for them to get a wide range of care, including basic primary care.”
Laurie Young, director of aging and economic security for the National Gay & Lesbian Task Force, was also in attendance and said the conference was important because it enabled members of the LGBT community to voice concerns.
“I think it’s just stunning that everyday people get to stand up and talk about what they feel and talk about what they need, and the administration’s listening,” Young said.
CORRECTION: An earlier version of this article incorrectly stated that Howard Koh, assistant secretary of health, is openly gay. The Blade regrets the error.
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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