National
Tyler Clementi roommate sentenced to 30 days in county jail
Parents of defendant deliver emotional statements at sentencing hearing
A New Jersey judge today handed down a sentence of 30 days in jail for the former Rutgers University student convicted of committing a bias crime for using a webcam to spy on a dorm room tryst between his gay roommate Tyler Clementi and Clementi’s boyfriend.
Clementi took his own life days later by jumping off the George Washington Bridge in September 2010, creating an uproar among gay activists and attracting international media attention over the issue of anti-gay bullying and harassment.
Some claimed the action by defendant Dharun Ravi, 20, was responsible for Clementi’s suicide. But Ravi’s attorney argued during the trial in March and Middlesex County, N.J., Superior Court Judge Glenn Berman said in court on Monday that Ravi should not be held responsible for Clementi’s death.
“I do not believe he hated Tyler Clementi,” Berman said in explaining his sentence. “He had no reason to, but I do believe he acted out of colossal insensitivity.”
Berman said the bias crime to which Ravi was convicted is not the same as a hate crime. He called the sentence he imposed “measured” and “balanced.”
He said he will recommend to U.S. immigration authorities that Ravi not be deported upon the completion of his jail sentence, but said immigration officials rather than he would make the final decision on that issue.
Ravi, who was born in India, came to the U.S. as a child. His mother told the court he no longer speaks his native language and was raised as an American. Ravi obtained permanent resident status but is not a U.S. citizen. Under U.S. immigration law, he is subject to deportation for a felony conviction.
A jury convicted Ravi on several felony counts, including invasion of privacy, bias intimidation, witness tampering and hindering efforts by police to investigate the case. He faced a possible sentence of 10 years in prison.
Middlesex County prosecutor Julia McClure told the judge Ravi “has shown no remorse” since his conviction. She said all of Ravi’s actions toward Clementi “were planned, they were purposeful and they were malicious,” disputing claims by the defense that Ravi had merely committed a youthful “prank.”
In addition to 30 days in a county jail, Berman sentenced Ravi to three years of probation, 300 hours of community service, and a total of $11,900 in fines and assessments. He also ordered Ravi to undergo counseling for cyber bullying and education on “alternate lifestyles.”
The sentence came at the end of a two-hour hearing that included emotional statements from Clementi’s mother, father, and brother and both parents of Ravi, all of whom struggled to hold back tears.
Jane Clementi, Tyler’s mother, told the court Ravi appeared uninterested in becoming friends with her son from the time she met him when she and her husband helped Tyler move into his Rutgers dorm room. She said she believed Ravi chose not to be more welcoming to her son in the ensuing weeks because he learned her son was gay.
Ravi’s mother told the judge her son isn’t a hater and “has never hated anyone,” saying he has suffered immensely in the time since his 2010 arrest in connection with the case. As she finished speaking she embraced her son, who was sitting at the defendant’s table as both wept.
In the months leading up to Monday’s sentencing hearing, some gay activists and gay bloggers joined Indian-American groups in speaking out for leniency for Ravi, saying a sentence as long as 10 years would be an injustice.
New York gay attorney Bill Dobbs, who has argued that hate crimes laws violate First Amendment rights of free speech, was among those who called for a less severe sentence for Ravi.
Berman’s sentence of 30 days came as a surprise to some court observers, who noted that the judge spoke harshly of Ravi’s action in a statement immediately prior to delivering the sentence. Berman also pointed out that Ravi remained seated as he began issuing the sentence rather than stand, which is the normal practice in sentencing hearings. Ravi’s attorney rose to his feet, saying it was he who failed to remind Ravi to stand and it was he who should be blamed for the defendant remaining seated.
Those calling for a lenient sentence for Ravi have noted that his webcam spying on Clementi, which resulted in his arrest, has been incorrectly reported by many media outlets, including network TV news programs and bloggers.
“It became widely understood that a closeted student at Rutgers had committed suicide after video of him having sex with a man was secretly shot and posted online,” New Yorker magazine reported earlier this year. “In fact, there was no posting, no observed sex, and no closet,” the magazine reported in a lengthy piece on the case.
The New Yorker and other media outlets later reported that the webcam, which was viewed only by Ravi and some of his friends, showed Clementi and his boyfriend kissing.
Since the time of the incident, news surfaced that Clementi was out to his parents and his gay brother, James Clementi. Prosecutors at the trial presented evidence that Ravi nevertheless subjected Clementi to an illegal invasion of privacy that was motivated by bias based on Clementi’s sexual orientation.
Evidence presented at trial, including records of Ravi’s computer messages and Twitter postings, showed that he observed on the webcam Clementi “making out with a dude.” He then reported what he saw in Twitter messages. According to prosecutors, Ravi placed his webcam in the room to spy on Clementi two days later and invited others to watch. This time, Clementi, who already had seen Revi’s Twitter postings, turned off the webcam.
Additional evidence showed that Clementi reported the incident to a dormitory official, requested a change of room, and viewed Ravi’s Twitter feeds about the incident a total of 38 times, prosecutors said.
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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