National
Pelosi vows to drop DOMA defense in Democratic House
Lawmaker says ENDA will be legislative priority
House Minority Leader Nancy Pelosi (Blade photo by Michael Key)
House Minority Leader Nancy Pelosi (D-Calif.) vowed to drop congressional defense of the Defense of Marriage Act in court if Democrats retake control of the House in November.
Pelosi made the remarks Wednesday in an interview with the Washington Blade on Capitol Hill. When asked what could be expected on LGBT issues if Democrats regain control in the 113th Congress, she talked DOMA.
“First of all, we can expect something to go away, like stop spending taxpayer dollars on the Defense of Marriage of Act, which is a waste of money and not the right thing to do,” Pelosi said.
Pelosi had previously criticized House Speaker John Boehner (R-Ohio) for taking on defense of DOMA after the Obama administration announced it would no longer defend the anti-gay law and has called on House Republicans to discontinue that effort, but never before pledged to drop defense of DOMA if Democrats resumed control of the House.
She said she thinks Republicans believe DOMA is unconstitutional because when they controlled the House under the Bush administration, they tried to pass court-stripping provisions denying judicial review for the anti-gay law and others.
“They had to know that there was a weakness constitutionally in that bill, if they would want to put court-stripping provisions in relating to DOMA and the rest,” Pelosi said. “So, we think they know it’s weak constitutionally.”
Pelosi made the pledge to discontinue congressional defense of DOMA just hours after the U.S. District Court of the Southern District struck down the law in the case of Windsor v. United States, which was filed by the American Civil Liberties Union.
U.S. District Judge Barbara Jones, who became the fifth federal judge to rule against DOMA, ordered that plaintiff Edith Windsor be repaid the $353,053 plus interest and costs allowed by law that she paid out in estate taxes because of DOMA upon the death of her spouse, Thea Spyer.
Among other LGBT initiatives on which Pelosi pledged action if Democrats win back the House was the Employment Non-Discrimination Act, which would bar job discrimination against LGBT people in most situations in the public and private workforce.
“We were on path on ENDA, and I’m still on that path mentally, and that’s what I would like to accomplish,” Pelosi said.
Pelosi also mentioned immigration legislation affecting the LGBT community, alluding to the Uniting American Families Act, which would enable gay Americans to sponsor their foreign-born same-sex partners for residency in the United States. She said the bill would “seriously codify immigration policy relating to the [LGBT] community.”
Pelosi was cautious about predicting that Democrats would win the 25 seats necessary to regain control of the House, saying there’s a “50-50” chance, nor would she presume that she would once again be elected speaker in that scenario.
“One thing at a time,” Pelosi said. “Let’s win the House first.”
Pelosi also wouldn’t rule out more progress on LGBT issues under the current makeup of Congress. She said conferees working on the Violence Against Women Act may adopt LGBT-inclusive language because the Democratic-controlled Senate wouldn’t pass a bill without it.
“It’s supposed to go to conference,” Pelosi said. “I don’t think the Senate will pass a bill without those protections, and we certainly won’t support it in the House.”
Pelosi maintained the lack of LGBT language ensuring non-discrimination in shelters and inclusion in grant programs — which is found in the version of the bill passed by the Senate — was among the reasons Democrats voted against the House bill.
“How can you say you don’t approve of violence against women except if you happen to be lesbian or bisexual or transgender?” Pelosi said. “Those are the people who need it the most, you know? And so, but it’s not only the [LGBT] community, it’s also Native Americans and immigrants who are excluded from protections in the House bill.”
Pelosi said Republican lawmakers have confided to her they want to push their caucus to support more inclusive language in the conference report even as many voted for the less inclusive House version of the bill because they didn’t want to seem like they favored violence against women.
“If they’re from places with lots of Native Americans and/or lots of LGBT [people] — there are people who vote with their experience, and their constituents, so I think they will be feeling some pressures to support the Senate bill,” Pelosi said.
Pelosi also commented on the U.S. Ninth Circuit Court of Appeals decision earlier this week not to rehear a case challenging California’s Proposition 8 after a three-judge panel initially struck down the law.
She deferred to others when asked whether the case should move to the Supreme Court, where justices could rule on same-sex marriage bans throughout the country.
“There are better skilled legal minds on this subject,” Pelosi said. “What I want it to do is end up at a place where we really make a difference in people’s lives, and some of the court decisions have deferred to the Supreme Court acting, so that may be what it takes, but again I’m waiting to hear from those who are in the community who are looking at the consequences.”
Pelosi spoke to the Blade after remarks she gave at a reception for Hill staffers called “LGBT Pride on the Hill,” which, in addition to celebrating June as Pride month, honored Pelosi for her 25 years of service on Capitol Hill.
Prior to her remarks, Pelosi was given a rainbow-studded gavel by her deputy director of scheduling, Timothy Merritt, who’s gay. Merritt was appointed to the job in April 2011, but is leaving for Chicago to pursue a job with the Obama campaign.
Additionally, Pelosi commented on Wednesday’s news that one of the daughters of House Democratic Whip Steny Hoyer (D-Md.), Stefany Hoyer Hemmer, has publicly come out as a lesbian in hopes of preserving the marriage equality law in Maryland. Pelosi said she read the Blade article that broke the story.
“I was very happy with her,” Pelosi said. “I know it must have brought her some peace, too. It’s liberating to make a decision. I don’t want to speak for anybody else, but God bless her for her decision, and God bless her for the work that she is setting out to do.”
Pelosi said she hasn’t spoken with Hoyer about her daughter’s decision to come out as a lesbian, but plans to bring it up with him.
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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