National
BREAKING: Obama endorses SNDA, SSIA anti-bullying bills
Support comes as White House hosts screening of movie “Bully”
President Barack Obama (Blade file photo by Michael Key)
President Obama has thrown the full weight of his administration behind a pair of bills that would help protect LGBT students against bullying: the Student Non-Discrimination Act and the Safe Schools Improvement Act.
Shin Inouye, a White House spokesperson, confirmed for the Washington Blade on Friday that Obama supports both pieces legislation — bringing him into alignment with a position that many LGBT organizations had sought for some time.
“The president and his administration have taken many steps to address the issue of bullying,” Inouye said. “He is proud to support the Student Non-Discrimination Act, introduced by Senator Franken and Congressman Polis, and the Safe Schools Improvement Act, introduced by Senator Casey and Congresswoman Linda Sanchez. These bills will help ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment.”
Both pieces of legislation address bullying in different ways. SNDA would prohibit and harassment in public elementary and secondary schools based on a student’s actual or perceived LGBT status. SSIA would require schools to adopt anti-bullying codes of conduct and submit to states data to the Department of Education on bullying.
Education Secretary Arne Duncan echoed the sentiments expressed by the White House on the legislation in a statement delivered later in the day.
“Bullying can no longer be seen as a normal rite of passage,” Duncan said. “As a country, we must all work together to take action against bullying and improve the safety climates of our schools and communities. That’s why I support the Student Non-Discrimination Act and the Safe Schools Improvement Act. I would like to thank Sen. Al Franken, Sen. Bob Casey, Rep. Jared Polis and Rep. Linda Sanchez for introducing these bills and for their commitment to putting an end to bullying, discrimination and harassment in our nation’s schools. I also want to thank Rep. Danny Davis for his leadership on this issue to help keep every student safe and learning.”
Obama endorses the legislation as his administration has taken flak from the LGBT community for saying it won’t issue at this time an executive order requiring federal contractors to have non-discrimination policies based on sexual orientation and gender identity.
On the same day the endorsement was announced, the White House was set to host a screening of “Bully,” a 2011 documentary about school bullying that follows the lives of five students who were bullied on a daily basis.
The screening takes place on the “National Day of Silence” on which students take a day-long vow of silence representative of the silencing of LGBT students and their supporters.
On the movie, Inouye said, “Today, the White House Office of Public Engagement is holding a screening of the documentary ‘Bully’ at the White House with bullying prevention advocates from a wide range of communities.”
LGBT groups commended the Obama for expressing explicit support for legislation aimed to help students who face bullying.
Eliza Byard, executive director of the Gay & Lesbian Straight Education Network, called the announcement “a vital show of support” to students across the country “of all identities, backgrounds and beliefs who face bullying and harassment in school.”
“By speaking out on GLSEN’s Day of Silence in support of these two critical bills, the president has given greater hope to students who often feel that they have nowhere to turn,” Byard said. “It is deeply moving to know that lesbian, gay, bisexual and transgender students who face the multiple threats of harassment, violence and discrimination have the president as an ally in their efforts to win all of the protections that they deserve.”
Ian Thompson, the ACLU’s legislative representative, said White House support for SNDA is s “key to getting this necessary legislation passed into law.”
“Our public schools should be a safe harbor for our youth, not a place of exclusion and ridicule,” Thompson said. “By passing the Student Non-Discrimination Act, Congress can have a profound and very real impact in improving the lives of LGBT students. It’s time to make passage of this bill a priority.”
Hayley Gorenberg, deputy legal director of Lambda Legal, said the president’s support represents “a big step toward a safer and healthier environment in every public school.”
“At Lambda Legal, we’ve encountered extraordinary cases of violence and discrimination against LGBT young people in schools – and sometimes against the allies who try to support them,” Gorenberg said. “Gay, lesbian, bisexual and transgender students have long been at a significant disadvantage without specific protection under federal law. All students have a right to a safe learning environment, and this law will leave no doubt as to public schools’ responsibility to provide it.”
The endorsement comes as possible Senate votes on the anti-bullying bills could take place later this year. Education reform legislation known as Elementary & Secondary Education Act reauthorization was reported out of committee without the LGBT-specific anti-bullying provisions. Sens. Al Franken (D-Minn.) and Bob Casey (D-Pa.) have pledged to bring up their bills as amendments when the larger education reform bill reaches the floor.
Praise for Obama came from Franken, who said support from the president would help advance SNDA.
“There’s a lot of talk right now about the need for a law to protect our children from anti-gay bullying and discrimination,” Franken said. “My Student Non-Discrimination Act would protect LGBT children from bullying in the same way that children are already protected from bullying because of their race, gender, disability, and religion. With today’s endorsement from the White House and 37 cosponsors in the Senate, we’re that much closer to getting a law in place that will protect our children.”
Polis, who’s gay, expressed similar gratitude for the president’s support for the House version of the legislation, saying the bill “will help ensure that LBGT students can attend school free of harassment, discrimination and violence.”
“This endorsement is an enormous step forward for equality, but on a human level it is about the right of any student in America to attend school and learn without the fear of being bullied,” Polis said. “I intend to work with President Obama and Senator Franken, who introduced the companion bill, to see that the Student Non-Discrimination Act becomes the law of the land.”
Groups had been calling on Obama to endorse anti-bullying legislation. In a letter dated March 7, a group of 70 organizations — including the Human Rights Campaign, the ACLU, Lambda Legal and the Gay, Lesbian & Straight Education Network — to place the full support of his administration behind SNDA
Administration officials, such as Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, have previously said the administration supports “the goals” of SNDA, but have stopped short of endorsing the bill.
Earlier in the day, Duncan ducked a question on whether the Obama administration was prepared to endorse SNDA.
Under questioning from the Washington Blade during a White House news conference, Duncan declined to say whether the administration was ready to endorse SNDA, but touted the administration’s work on the issue and called for solidarity in confronting student harassment.
“We have to continue to do everything we can to make sure that there is zero tolerance for this,” Duncan said. “I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.”
Duncan said an “unprecedented level” of work has taken place under the Obama administration on bullying, citing the first-ever White House summit against bullying in March 2011 and what he said was the passage of state anti-bullying laws throughout the country.
“I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact,” Duncan said. “So, we all have to continue to work together.”
Pressed to clarify on whether the Obama administration was prepared to endorse legislation, Duncan didn’t answer and took a question from another reporter.
A transcript of the exchange between Duncan and the Blade follows:
Washington Blade: Mr. Secretary, this afternoon, the White House is going to be screening a viewing of the movie “Bully.” One piece of legislation that would protect LGBT students against bullying is called the Student Non-Discrimination Act, which would prohibit harassment and discrimination against LGBT students in school. Is the administration prepared to endorse that legislation at this time?
Arne Duncan: Well, we have to continue to do everything we can to make sure that there is zero tolerance for this. I met with one of the young women in the movie this morning with her father. It was very personal for me and for the president because we all have children going to school now.
When we have children going to school scared, it’s hard to concentrate on biology and algebra. So, as a country, we have already seen an unprecedented level of support from our administration: the first-ever anti-bullying summit here in the White House. The president talked about his own experiences there.
We’ve seen many states toughen laws to try and protect students from bullying. Until our children are safe and secure at recess, in the morning, after school. It’s not just physical bullying; it’s cyber-bullying, as you know.
I’ll tell you, some of my toughest meetings have been with parents who have lost their children or committed suicide due to the impact. So, we all have to continue to work together.
I think this movie is very hard hitting. It tells the truth. We hope it’ll create a greater awareness around the country. This cannot be a normal rite of passage. We can’t accept it.
Blade: What about the legislation? Are you endorsing the legislation?
NOTE: This post has been updated.
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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