National
Manning found guilty of lesser charges
LGBT advocates say gay soldier’s actions unrelated to his sexual orientation

Pfc. Bradley Manning was acquitted of aiding-the-enemy, the most serious charge brought against him. (Public domain photo)
A military judge on Tuesday found gay U.S. Army private Bradley Manning not guilty of aiding the enemy, the most serious charge lodged against him following allegations in 2010 that he leaked hundreds of thousands of classified military reports and diplomatic cables.
At the conclusion of a court martial proceeding that began in June at Fort Meade, Md., Army Col. Denise Lind found Manning guilty of nearly all of the other charges filed against him, including six counts of violating the U.S. Espionage Act. All of the charges stemmed from his alleged transmittal of the classified documents to the dissident, whistleblower group Wikileaks.
The verdict came after Manning pleaded guilty earlier this year to 10 of the 22 counts filed against him. Experts in military law said the charges on which he was convicted carry a combined maximum sentence of 136 years of confinement in a military prison, although they expect the judge to hand down a much shorter sentence.
Had he been convicted on the aiding-the-enemy charge, he could have faced life in prison without the possibility of parole.
LGBT activists following the Manning case dispute press reports that surfaced at the time of his arrest in 2010 that his motive for leaking the classified information was related, in part, to his anger over the military’s Don’t Ask, Don’t Tell law, which banned gays from serving openly in the armed forces.
Transgender advocates have also expressed skepticism of a claim by one of Manning’s defense attorneys that his action was due, in part, to his personal struggle over his gender identity. The attorney and others who know Manning noted that he referred to himself for a short period of time with a female name and downloaded information over the internet about gender identity disorder.
“I don’t see that his identity has anything to do with what he did,” said Maryland transgender advocate Dana Beyer. “His sexual identity, however you want to define it, is completely irrelevant.”
Beyer’s assessment appears to be shared by virtually all of the national LGBT advocacy organizations, which have either remained silent on the Manning case or have said Manning’s actions should not be condoned and don’t reflect the views of the LGBT rights movement.
That view surfaced in the news in the spring of this year when the San Francisco LGBT Pride committee rejected a proposal to name Manning as a grand marshal for the city’s Pride parade.
Fred Sainz, vice president of communications for the Human Rights Campaign, the nation’s largest LGBT political organization, told the Blade this week that HRC would have no comment on the Manning verdict.
Spokespersons for the National Gay and Lesbian Task Force and the Gay and Lesbian Alliance Against Defamation (GLAAD), which monitors media coverage of the LGBT community, did not respond to a request for comment by press time.
D.C. gay attorney Philip Fornaci is among the small corps of LGBT activists who have joined opponents of U.S. policies in the Middle East and elsewhere that have supported Manning and helped raise money for his legal defense.
Supporters argue that Manning is a whistle blower who courageously released information showing a flawed and illegal U.S. foreign policy to enable the American public to pressure the government to change those policies.
“While the national LGBT advocacy organizations shamelessly shower President Obama with praise for allowing openly gay men and women to enlist in the military, their complete silence on the Manning case is indefensible,” Fornaci said in an Aug. 6, 2012 commentary in the Blade. “If Manning did in fact leak information to Wikileaks as he is accused, he has displayed enormous courage.”
Presenting a far different perspective on Manning was R. Clarke Cooper, former executive director of the national gay group Log Cabin Republicans. Cooper, a combat veteran of the Iraq War and current civilian intelligence officer in the Army Reserves, penned a Blade commentary in December 2011 calling Manning “a traitor to the United States of America.”
Responding to early reports, which have since been disputed — that Manning might seek to use his opposition to Don’t Ask, Don’t Tell as a defense for leaking classified documents — Cooper called such a defense a “betrayal of all gay and lesbian service members past and present.”
He added, “Whatever his reasons or excuses, Bradley Manning does not deserve the sympathy of the LGBT community.”
Peter Rosenstein, a gay Democratic activist and supporter of the Obama administration, expressed a similar view opposing LGBT support for Manning.
“I don’t believe the fact that Manning is gay has anything to do with his case,” Rosenstein told the Blade. “What he did was wrong, maybe even treasonous. Making him a gay hero as they tried to do in San Francisco is absurd.”
Shortly after his 2010 arrest, the publicly viewable part of Manning’s Facebook profile listed the Washington Blade as among his ‘favorite’ pages along with several other LGBT-related websites, including the Human Rights Campaign, gay then U.S. Rep. Barney Frank (D-Mass.), and a site pushing for repeal of Don’t Ask, Don’t Tell.
The anti-gay Family Research Council cited reports of Manning’s backing of gay rights causes to support its strong opposition to repealing Don’t Ask, Don’t tell.
D.C. gay blogger John Aravosis reported that no evidence was found to show Manning leaked classified information because he was upset over Don’t Ask, Don’t Tell or supported gay rights.
A national group called the Bradley Manning Support Network, whose members have corresponded with Manning and members of Manning’s family, has said Manning’s motive for releasing classified documents was a desire to correct what he believed to be a harmful U.S. foreign policy.
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.
