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House GOP urges delay in ‘Don’t Ask’ repeal certification

Letter says Congress needs time to review new guidance

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Rep. Duncan Hunter was among the signers of the letter to Obama (Blade file photo by Michael Key)

A group of 23 Republican members of the U.S. House wrote President Obama on Thursday asking him to hold off on certification of “Don’t Ask, Don’t Tell” repeal until Congress can review the Defense Department’s policy changes that would lead to open service.

“Given the necessity for congressional review, which has been limited to this point, we respectfully request that you refrain from transmitting certification until Congress has had sufficient time to review pending legislative matters of policy and law,” the letter states.

Leading the group of U.S. House members who signed the letter is Rep. Duncan Hunter (R-Calif.), who amended pending defense budget legislation to expand the certification requirement needed for “Don’t Ask, Don’t Tell” repeal and potentially disrupt the implementation of open service.

Others among the 23 signers of the letter are Rep. Joe Wilson (R-S.C.), chair of the House Armed Services personnel subcommittee, as well as Reps. Steven Palazzo (R-Miss.), W. Todd Akin (R-Mo.) and Vicky Hartzler (R-Mo.).

Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for open service. Training has been underway in the armed forces since February to prepare the military for “Don’t Ask, Don’t Tell” repeal.

Pentagon officials have testified that certification for “Don’t Ask, Don’t Tell” repeal could happen in mid-summer. Defense Secretary Robert Gates has said he’s open to issuing certification this month before his retirement if the service chiefs thinks moving forward is appropriate.

Part of the repeal law states that open service shouldn’t go forward until the Pentagon has “prepared the necessary policies and regulations” for open service. The GOP letter to Obama states Congress should have the opportunity to review the new regulations before the president and defense leaders give the OK for “Don’t Ask, Don’t Tell” repeal.

“Merely providing ‘training and educational’ briefs to our service members is not enough to justify moving forward with certification when consequential policy and regulatory changes associated with implementation must be reviewed by Congress under its oversight function,” the letter states. “Until those policy changes have been delivered and reviewed by Congress, it would be irresponsible to proceed with the certification process.”

Additionally, the letter states that certification at this time would be premature because of “apparent confusion” at the Defense Department in creating new policies for open service.

In April, the Navy issued guidance stating military facilities could be used for same-sex marriages in states where it’s legal and chaplains could officiate over these ceremonies, if they so chose, in their official capacities. The Navy has since rescinded this guidance and said further review is necessary.

“This planned policy change is a violation of the federal Defense of Marriage Act,” the letter states. “The training revision also departed from prior assurances given to Congress with regard to Defense Department enforcement of the law and intent of the Defense of Marriage Act.”

LGBT advocates have said the Navy guidance didn’t violate DOMA because the statute as it stands says nothing about military facilities.

However, the House version of the fiscal year 2012 defense authorization bill has language — inserted as an amendment by Akin — that would prohibit military bases from being used for same-sex marriage ceremonies and military chaplains from presiding over these celebrations. LGBT rights advocates say this language would expand DOMA beyond its current restrictions that prevent the federal government from recognizing same-sex marriage.

Shin Inouye, a White House spokesperson, said in response to the letter that certification will happen when “the standards set forth in the [repeal] bill are met” as has been previously stated.

“The president continues to work with the secretary of defense and the chairman of the Joint Chiefs to certify that implementation of the new policies and regulations written by the department is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces,” Inouye said. “That process is moving forward quickly and efficiently.”

Inouye said he won’t comment directly on letters that members of Congress have sent to the president, but recalled Obama “has been clear” certification will happen before the end of the year.

Those who worked to pass legislation allowing for “Don’t Ask, Don’t Tell” repeal last year dismissed the letter as merely Hunter and other House Republicans seeking obtain media attention.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the letter is an instance of Hunter “grandstanding” as he seeks to disrupt “Don’t Ask, Don’t Tell” repeal.

“Mr. Hunter knows very well that Congress has acted and the chiefs, Secretary Gates, and [Chair of the Joint Chiefs of Staff Adm, Mike] Mullen are moving toward the final stages of certification,” Sarvis said. “This is all about Mr. Hunter — not about our troops, who have moved on.”

Alex Nicholson, executive director of Servicemembers United, said the White House and Pentagon “are smarter than” withholding certification because of the concerns expressed in the letter.

“This is just the latest in Congressman Hunter’s circus sideshow about ‘Don’t Ask, Don’t Tell’ while the rest of the Congress is trying to deal with serious issues like wars and budgets,” Nicholson said. “If the administration let’s this letter distract from the progress made towards certification, then we’ve got bigger problems on our hands.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

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.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

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.

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

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.”

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