National
National news in brief: May 6
N.Y. murder not a hate crime, R.I. marriage advocates not giving up and more

N.Y. Gov. Andrew Cuomo says same-sex marriage is a priority. (Photo by Pat Arnow; courtesy of Wikimedia)
Cuomo ‘optimistic’ N.Y. will legalize marriage
ALBANY, N.W. — New York Gov. Andrew Cuomo, closely allied with the Senate Republican majority that once blocked gay marriage, said Tuesday he’s now optimistic it will be legalized in New York, the AP reported. “I know it’s failed before, but I think this is a different day,” Cuomo was quoted in the AP story as saying. “I’ll bring more urgency in the next few weeks.” The Democrat says he believes the Senate will produce the 32 votes needed for passage in the six weeks remaining in the legislative session. The GOP majority in the Senate has strongly supported Cuomo’s fiscal platform, including cutting state spending, a 2-percent cap in the growth of property taxes and rejection of tax increases. Now Cuomo needs help to pass what he has identified of his highest priority policy goals, the AP said. Cuomo said talks with legislative leaders as well as the rising public poll numbers for gay marriage are among his reasons for optimism. Both sides are girding for a showdown after the bill’s surprising defeat in 2009, the AP wrote.
R.I. gay marriage advocates not giving up
PROVIDENCE, R.I. — Advocates of gay marriage delivered a message to Rhode Island state lawmakers who blocked a same-sex marriage bill this year, informing them they’re being targeted for defeat in the next election, the Associated Press reported this week. Hundreds of Rhode Islanders rallied at the Statehouse Tuesday in favor of gay marriage — despite legislative leaders who say they’ll consider a compromise measure to create civil unions instead. Those at the rally vowed political revenge on those lawmakers who opposed making Rhode Island the sixth state to recognize gay marriage, the AP reported. “The 2012 election cycle starts now,” Kate Brock, executive director of the group Ocean State Action, told a cheering crowd on the Statehouse steps. “We start recruiting candidates now. We start building our war chests now. Don’t get mad. Get elected.” Meanwhile, House lawmakers introduced civil union legislation designed to give gay couples the same state rights afforded to married couples. Rep. Peter Petrarca, D-Lincoln, the bill’s sponsor, said he supports gay marriage but that it has no chance of passing this year. He said the rights granted through civil unions are a better than none at all.
Gay alumni group of religious college forms
CHICAGO — A group of LGBT alumni of conservative evangelical school Wheaten College in Illinois have formed a group that bucks the school’s theology and says gays don’t have to be celibate to be in good standing with their faith. OneWheaten members told the Chicago Daily Herald they felt isolated as students there and are trying to help current students who feel the same. The report says after launching a website last weekend with about 100 members, the number has quickly quadrupled. They’re not trying to convince the school to change its teaching but want LGBT students to realize they can “lead vibrant lives while remaining true to who they are.” A Wheaton rep said it’s trying to respond “with truth and grace.”
New York gay murder not a hate crime: police
ELMIRA, N.Y. — Police aren’t disclosing a possible motive for the murder of a gay nightclub owner in Elmira, N.Y., but it does not appear to be a hate crime, the Corning Leader reported this week. Louis Duffy, 20, of Horseheads, is charged with second-degree murder for allegedly shooting Clinton “Billy” Lewis, 53, early Sunday morning at Lewis’ apartment on North Main Street in downtown Elmira, the Leader reported. Lewis owned Chill, a gay bar at the corner of West Fifth and North Main streets, and had organized events in the gay community. Lewis previously owned another gay bar, Angles, now closed. Duffy and Lewis were acquaintances, police told the Leader. “I really can’t disclose the actual motive, but I will say it was a personal issue,” said Capt. Joseph Kain of the Elmira Police Department. “The victim was not killed as a direct result of being gay, it does not appear to be a hate crime. Police found Lewis shortly before 4 a.m. Sunday. He was found shot and died while receiving medical attention at a nearby hospital.
Dallas gay couple found murdered inside burned apt.
DALLAS — Two men found dead inside a burned Northeast Dallas apartment last week were an interracial gay couple, Dallas police confirmed to the Dallas Voice, a gay paper there. Michael Humphrey, 59, and Clayton Capshaw, 61, were found inside their first-floor unit at the Villa Joya Apartments on Woodmeadow Parkway. After responding to a fire call at about 4:10 a.m., Dallas Fire-Rescue crews extinguished the flames before finding the victims inside the apartment. Authorities say the men appeared to have died in a violent attack before the fire was set in an attempt to destroy evidence from the murders. Sr. Cpl. Kevin Janse, a spokesman for Dallas Police Department, said detectives have no reason to believe the murders were a hate crime, but he added that the motive is unknown, the Voice reported. It’s not being investigated as a hate crime.
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.
