National
Carney defers to Justice Dept. on ‘Don’t Ask’ litigation
No comment on Bachmann husband’s ‘ex-gay’ clinic
White House Press Secretary Jay Carney (Blade file photo by Michael Key)
White House Press Secretary Jay Carney deferred to the Justice and Defense departments on Tuesday in response to inquiries about a court order barring the U.S. government from enforcing “Don’t Ask, Don’t Tell.”
Under questioning from the Washington Blade, Carney deferred to the Justice Department when asked whether the president supports an order last week from a three-judge panel on the U.S. Ninth Circuit Court of Appeals reinstituting an injunction against the military’s gay ban.
“The Justice Department is reviewing the order, and I think I would point you to them for further information,” Carney said. “The president’s position, obviously, on the repeal of “Don’t Ask, Don’t Tell” is quite clear and we fought hard to make it happen. And it was a significant accomplishment late last year.”
But pressed on whether Obama was himself supportive of the order, Carney again deferred to the Justice Department.
The Obama administration has the option to appeal the panel’s injunction barring enforcement of “Don’t Ask, Don’t Tell” to the full Ninth Circuit or the U.S. Supreme Court. The Pentagon has instituted a moratorium to comply with the injunction, but has said it’s reviewing the decision with the Justice Department to determine whether it will appeal.
Asked about the possibility of challenging the order, Carney again deferred to the Justice Department, saying, “I think that’s the same answer.”
The injunction was put in place after legislation was signed in December allowing for repeal after 60 days pass following certification from the president, the defense secretary and the chairman of the Joint Chiefs of Staff. Troops have undertaken training to prepare for open service, but certification hasn’t taken place.
At a recent Pride reception at the White House, Obama said certification will happen in a matters of “weeks, not months.”
Carney deferred to the Pentagon when asked if the court order would impact the timing for the certification of repeal, although he added he expects certification in the “near future” and doesn’t expect the injunction to change that process.
“I think as the process moves forward I’ll refer you to the Defense Department,” Carney said. “I know Secretary Gates said shortly before he left that it was moving along very well and he would expect it to happen in the near future, but I don’t think there’s any impact.”
Carney also deferred to the Pentagon when asked if a more definite timeline has been set for certification, although he said he doesn’t think a date has been set.
“I would refer you to the Defense Department, but I don’t believe so,” Carney said.
Also, Carney declined to answer a question from ABC News Radio on whether the White House takes issue with federal money going to a counseling clinic that engages in ‘ex-gay’ therapy.
“I confess I do not have an answer to that question,” Carney said.
This week, Truth Wins Out revealed that Marcus Bachmann, the spouse of Republican presidential candidate Michele Bachmann, operates a clinic that engages in reparative therapy. The clinic reportedly has received federal dollars.
A partial transcript of the remarks between Carney and reporters on LGBT issues follows:
ABC News Radio: Does the White House have any problem with federal dollars being sent to a counseling clinic that engages in the controversial therapy of trying to cure people of being gay?
Jay Carney: Ann, I confess I do not have an answer to that question.
…
Washington Blade: Some questions on “Don’t Ask, Don’t Tell.” Last week, the Ninth Circuit issued an order barring the government from enforcing this law. I’m sure the president heard the news last week. Was he supportive of the decision?
Carney: Is he aware of it?
Blade: I’m sure he heard the news last week. Is he supportive of it?
Carney: The Justice Department is reviewing the order, and I think I would point you to them for further information. The president’s position, obviously, on the repeal of “Don’t Ask, Don’t Tell” is quite clear and we fought hard to make it happen. And it was a significant accomplishment late last year.
Blade: But as the head of the administration, was the president supportive of this court order ending that enforcement of “Don’t Ask, Don’t Tell”?
Carney: Um, again I’m going to refer you to the Justice Department.
Blade: Do you anticipate that the administration will challenge or appeal this decision?
Carney: I think that’s the same answer.
Blade: What impact is this going to have on repeal certification? The president said before it’s going to happen in a matter of weeks, not months? Is it going to have any impact on that?
Carney: I think as the process moves forward I’ll refer you to the Defense Department. I know Secretary Gates said shortly before he left that it was moving along very well and he would expect it to happen in the near future, but I don’t think there’s any impact.
Blade: Is the definite date or time set for when that’s going to happen?
Carney: I would refer you to the Defense Department, but I don’t believe so.
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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