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Senate passes LGBT-inclusive domestic violence bill

Measure passes by 68-31 on bipartisan basis

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(Blade file photo by Michael Key)

The U.S. Senate approved legislation on Thursday that aims to strengthen domestic violence programs and extend their coverage to LGBT victims.

Legislation to reauthorize the Violence Against Women Act, or VAWA, was approved by a 68-31 vote on a bipartisan basis. Republicans had help up the legislation for weeks after it had been reported out by the Senate Judiciary Committee before finally allowing it to come to the floor.

The bill aims to strengthen and improve programs authorized under the existing law — first enacted in 1994 — to assist victims and survivors of domestic violence, dating violence, sexual assault and stalking. Among the ways the bill builds on existing law is setting aside grant money for programs addressing sexual assault crime and enhancing training for officials to identify high risk offenders who could commit domestic violence homicide.

But the legislation also has enumerated protections for victims of domestic violence in the LGBT community. The bill would make grants available for programs providing services to underserved communities, including LGBT victims of domestic violence. Additionally, the bill has non-discrimination language prohibiting VAWA grantees from discriminating on the basis sexual orientation or gender identity.

No Democrats voted against the legislation. Among the Republicans who joined Democrats in supporting the bill were Lamar Alexander (R-Tenn.), Kelly Ayotte (R-N.H.), Scott Brown (R-Mass.), Dan Coats (R-Ind.), Susan Collins (R-Maine), Bob Corker (R-Tenn.), Mike Crapo (R-Idaho), Dean Heller (R-Nev.), John Hoeven (R-N.D.), Kay Bailey Hutchison (R-Texas), John McCain (R-Ariz.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio), Olympia Snowe (R-Maine) and David Vitter (R-La.). Sen. Mark Kirk (R-Ill.), who’s been recovering from a stroke, was the sole senator who didn’t vote.

Prior to the final vote, the Senate beat back by a vote of 37-62 an alternative version of VAWA reauthorization, sponsored by Hutchison, that would have stripped the legislation of its LGBT provisions.

No Democrat voted for this measure, but some of the same Republicans who voted for this version also voted “yes” on the final vote: Alexander, Ayotte, Coats, Corker, Crapo, Heller, Hoeven, Hutchison, McCain, Portman and Vitter.

Republicans who voted against both measures were Tom Coburn (R-Okla.), Jim DeMint (R-S.C.), Mike Lee (R-Utah), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), likely to signify they oppose VAWA reauthorization in any form.

Praise came from LGBT advocates, who applauded senators for working in a bipartisan way to address domestic violence.

Joe Solmonese, president of the Human Rights Campaign, commended the Senate for the bipartisan nature of the vote.

“Senators from both sides of the aisle came together today to ensure that all domestic violence victims, including those who are LGBT, will not face discrimination when they seek victim services,” Solmonese said. “We applaud the Senate for recognizing the importance of this bill and taking bipartisan action, and we call on the House to do the same.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, emphasized the importance of the legislation for LGBT victims of domestic violence.

“Lesbian, gay, bisexual and transgender people are not immune from this violence, and their distress should not be further heightened by a lack of proper response from service providers or law enforcement,” Carey said. “Imagine being assaulted, scared and in pain — and then being turned away from receiving basic services and care. No one should ever be subjected to such inhumane treatment.”

Carey said VAWA reauthorization would “go a long way toward ensuring everyone has access to life-sustaining resources,” thanking the Senate for passing the bill and urging the House “to swiftly follow suit.”

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.

Whether the legislation can pass the Republican-controlled House remains to be seen. Observers have told the Washington Blade that passage of the bill — at least the form passed in the Senate — is unlikely in the lower chamber.

Vice President Joe Biden, who authored the 1994 version of the measure, also commended the Senate in a statement and urged the House to take action.

“In 2012, we should be beyond questioning the need for the Violence Against Women Act,” Biden said. “This law has been overwhelmingly successful since it was first enacted 17 years ago to improve the criminal justice response to this violent crime and to assist those who experience this abuse. Since then, the law has twice been reauthorized with the broad support of members of both parties. It should still be bigger than politics today.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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.”

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

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.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

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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