National
Great expectations as Congress returns from recess
As lawmakers hash out the 2010 legislative schedule for Congress, LGBT rights supporters are anticipating a House markup for the long-sought Employment Non-Discrimination Act within the next month.
Sources familiar with Capitol Hill said the House Education & Labor Committee will take up ENDA, which would bar job bias against LGBT people in the public and private workforce, shortly after lawmakers return from holiday break.
Last year, House and Senate committees held hearings on legislation that would provide workplace protections for LGBT people. The next step in both committees — the Education & Labor Committee in the House and the Health, Education, Labor & Pensions Committee in the Senate — is reporting out the legislation so floor votes can take place.
Rep. Jared Polis (D-Colo.), a gay lawmaker who serves on the House Education & Labor Committee, said he’s expecting a markup of the legislation either this month or in February and a floor vote soon after.
“Once it’s been marked up in committee, it’s simply a matter of scheduling it for the floor, and that of course depends on what else is coming to the floor, whether it’s health care or what[ever] it is, but it shouldn’t take very long,” he said.
Also expecting an ENDA markup in the House shortly is Allison Herwitt, legislative director for the Human Rights Campaign.
“We’re hopeful that it will be either January or February and we’re pushing for that,” she said.
Still, it’s unclear exactly when the House committee will take up the legislation. Aaron Albright, spokesperson for the House & Education Labor Committee, said, “nothing has been scheduled yet.”
Meanwhile, in the Senate, Jeff Merkley (D-Ore.), who sponsors ENDA in that chamber, has said the HELP Committee will take up ENDA in the spring, but Herwitt said the timing in the Senate “is a little less clear.”
“I think that we’re going to talk to [Chair Tom] Harkin’s staff people, committee staff and try to figure all of that out, what’s the timeframe that they’re looking at, how will we envision the bill moving forward in the Senate,” she said. “I mean, obviously, the Senate provides us more challenges in moving legislation, especially when it is freestanding.”
Advocates are committed to passing a version of ENDA that provides protections on the basis of sexual orientation and gender identity.
The inclusion of transgender people in ENDA has been a sensitive issue. In 2007, Rep. Barney Frank (D-Mass.) came under fire for pushing a version of ENDA that provided protections only on the basis of sexual orientation, saying at the time that Congress lacked the votes to pass an inclusive bill.
This year, the situation is different. Polis said lawmakers expect to pass “an inclusive ENDA that includes protections based on gender identity.”
Herwitt expressed similar optimism that the House would be able to pass ENDA with protections based on sexual orientation and gender identity.
“I think that we’re in a really strong place in the House,” she said. “I think that, again, when we look at our vote count for final passage, it looks good for a fully inclusive bill.”
Still, Herwitt said conversations are more nascent on the Senate side regarding ENDA and the inclusion of gender identity provisions.
“We have education that we need to do and have conversations,” she said. “I know that Sen. Merkley and his staff have been really on top of this, and having those conversations staff-to-staff — and the senator is having colleague-to-colleague conversations. And we just need to continue some of that process and then see where we are with the vote count.”
Asked whether the gender identity provisions could be a sticking point in the Senate, Herwitt replied, “I think what I’m saying is we’re still in the process of figuring all of that out. The conversations are still happening, the education process is still ongoing and obviously we want to make sure that the bill moves forward when it can move forward as a fully inclusive bill.”
Activists want DADT repeal in budget request
The repeal of “Don’t Ask, Don’t Tell,” the 1993 law that prohibits openly gay people from serving in the U.S. military, is also a primary focus for LGBT rights supporters on the Hill.
Advocates are urging President Obama to include language that would overturn the law as part of his defense budget request to Congress for the next fiscal year. The request is expected to be made public early this year.
The Servicemembers Legal Defense Network on Tuesday published a full-page ad in Roll Call newspaper calling on Obama to include repeal in his budget request. Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, writes in the letter that Obama should include repeal in his budget request to stay true to the promise he made to end the ban last year during a speech at an HRC dinner.
“There is no good reason why this White House would pass up this opportunity,” Sarvis said. “It is the logical place to get rid of the discriminatory ban. We urge the president to make good on his words on the campaign trail as well as those said last October when he emphatically declared, ‘I will end Don’t Ask, Don’t Tell.’”
Herwitt said HRC also wants Obama to include repeal of the ban on open service as part of his defense budget request.
“We have been working to make that a reality,” she said. “We are hopeful and it has been part of our plan. We think that having the White House put the policy recommendations through [the] DOD [budget request] forward is important and key.”
Whether the budget request will, in fact, include language that would repeal “Don’t Ask, Don’t Tell” remains to be seen. Shin Inouye, a White House spokesperson, wouldn’t confirm whether administration officials would include such language in the budget request.
“As we are in the midst of the policy process for the FY 2011 Budget, it would be premature to comment on its contents,” he said.
Another bill pending in Congress is the Domestic Partnership Benefits & Obligations Act. The legislation — approved late last year by both House and Senate committees — would allow the same-sex partners of LGBT federal workers to receive the same benefits as the spouses of straight workers, including health and pension benefits.
But the timing for a floor vote is not yet clear. Herwitt said she doesn’t know when floor votes would take place and said HRC is “working with our allies in the House and the Senate to try and figure out what is the schedule, what are they looking at.”
Sen. Joseph Lieberman (I-Conn.), the sponsor of the bill in that chamber, said last month a floor vote wouldn’t take place until lawmakers receive cost offset information from the U.S. Office of Personnel Management for implementing the measure within the agency’s existing budget.
Leslie Phillips, spokesperson for the Senate Homeland Security & Governmental Affairs Committee, which has jurisdiction over the legislation, said Tuesday that lawmakers have “not yet received the offset information from OPM.” The agency didn’t respond to DC Agenda’s request for comment.
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.”
Iran
LGBTQ groups condemn Trump’s threat to destroy Iranian civilization
Ceasefire announced less than two hours before Tuesday deadline
The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.
Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran.
One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.
Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.
Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.
“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”
The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”
“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.
“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”
The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.
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.”
