National
Obama praised for jobs speech despite ENDA omission
President doesn’t mention lack of federal protections in remarks
President Barack Obama addresses the joint session of Congress (Washington Blade photo by Michael Key)
LGBT advocates praised the initiatives President Obama set forth in his jobs speech Thursday night — even though his address made no direct reference to the lack of federal job protections for LGBT people.
Speaking before a joint session of Congress, Obama unveiled a $447 billion plan — dubbed the American Jobs Act — that aims to stimulate the economy through payroll tax cuts, tax breaks for companies hiring new workers, funds for infrastructure development and regulatory reform.
“The people of this country work hard to meet their responsibilities,” Obama said. “The question tonight is whether we’ll meet ours. The question is whether, in the face of an ongoing national crisis, we can stop the political circus and actually do something to help the economy; whether we can restore some of the fairness and security that has defined this nation since our beginning.”
Whether Congress will be able to pass Obama’s plan — or any jobs initiative — remains to be seen. So far this year, Congress and the White House argued until the absolute deadline to pass a resolution to keep funding the U.S. government for the remainder of fiscal year 2011, and again bickered until the last possible day to come an agreement to raise the nation’s debt ceiling and avoid default on the country’s financial obligations.
Questions also persist regarding Obama’s approach to paying for his $447 billion initiative. The president is calling on the congressional “Super Committee” established by the debt deal to come up with the additional deficit reduction needed to pay for the measure in addition to meeting an already established target of $1.5 trillion in deficit reduction.
One problem with job security that Obama didn’t mention in his speech was the lack of federal non-discrimination protections faced by LGBT Americans in the workplace. Firing someone for being gay is legal in 29 states and firing someone for being transgender is legal in 35 states.
Obama campaigned on passage of the Employment Non-Discrimination Act — legislation that would bar such job bias against LGBT people in the public and private workforce — but the bill has languished for years and didn’t even see a committee vote in the last Congress when Democrats were in control of both the House and Senate.
No mention of ENDA or the lack of federal workplace protections for LGBT people was included in the president’s remarks.
Shin Inouye, a White House spokesperson, said the president continues to support ENDA, but the purpose of his speech was to address the larger jobs crisis faced by all Americans.
“On Thursday, the President announced that he is sending to Congress the American Jobs Act — a set of ideas supported by both Democrats and Republicans that Congress must pass right away,” Inouye said. “The purpose of the American Jobs Act is simple: put more people back to work and put more money in the pockets of working Americans, including LGBT Americans. The President has long supported an inclusive ENDA, but Thursday’s remarks were about the American Jobs Act, and not everything we support.”
Despite the lack of any explicit mention, LGBT advocates praised the plan Obama unveiled on Thursday and said the policies would benefit all Americans — including LGBT people.
Mara Keisling, executive director of the National Center for Transgender Equality, said Obama’s proposals would be “very positive” for LGBT Americans and transgender people in particular.
Keisling said Obama’s proposal to offer a tax credit of up to $4,000 to companies that hire potential workers searching for a job for more than six months is particularly important to transgender workers.
“We are disproportionately likely to be among the long-term unemployed and disproportionately likely to have faced recessionary discrimination during this current downturn,” Keisling said. “So $4,000 job credits for employers who hire long-term unemployed and prohibiting discrimination against long-term unemployed will be especially helpful and important.”
Keisling said a specific mention of LGBT issues in the speech wouldn’t have been a relevant point for Obama during his remarks.
“It was not at all inappropriate that he did not specifically mention support for specific LGBT priorities,” she said. “It wasn’t that kind of speech.”
Selisse Berry, executive director of the San Francisco-based Out & Equal Workplace Advocates, commended Obama for setting a goal for businesses to be innovative leaders and said companies can achieve the goal by embracing diversity, including LGBT people.
“America’s most successful businesses are doing just that through their policies and practices,” Berry said. “And the president knows the importance of diversity as well, since this administration has taken concrete steps to end discrimination against LGBT people in the federal workforce.”
Following the president’s speech, the White House issued statements from more than 40 organizations and Democratic lawmakers praising the plan. One of the statements in favor of the proposals came from Mary Kay Henry, a lesbian and president of the Service Employees International Union.
“President Obama displayed the leadership America needs by laying out a strong agenda to get America back to work,” Henry said. “The proposals he outlined are an excellent starting point in the crucial effort to create good jobs now.”
Henry called on Congress to take action and said Americans are watching Republicans closely to see if they’ll “play politics” or take action to turn around what she called the national jobs crisis.
“The Republicans’ plan to further cut corporate taxes will do nothing to put Americans back to work, just as the recent record corporate profits have not led to job growth,” Henry said.
In another statement provided by the White House, Justin Nelson and Chance Mitchell, co-founders of the National Gay & Lesbian Chamber of Commerce, spoke out in favor of Obama’s plan.
“President Obama demonstrated strong leadership and clear vision addressing the joint session of Congress,” Nelson and Mitchell said. “While far too many in Washington, D.C. focus on the political horse race, the president shined the spotlight where it belongs; on the millions of Americans, many of them LGBT, who are working too hard to give their families a better life to read the latest poll numbers.”
Nelson and Mitchell took particular note of Obama’s plan to expedite payments to small businesses and to extend payroll tax cuts for these companies.
“As the president said, our recovery will not come from politicians but from businesses and talented individuals throughout the country, including those represented by the NGLCC,” Nelson and Mitchell said. “We agree that business owners need timely payments and tax incentives to pay their employees, hire new staff and invest in new opportunities.
Given the difficulties of passing ENDA with Republicans in control of the House, some LGBT advocates have been calling for an executive order that would prohibit the U.S. government from contracting with companies that don’t have non-discrimination protections for LGBT workers. Obama could take such action without concern over having to move legislation through Congress.
During his speech, Obama enumerated some initiatives he could take on his own accord without congressional involvement to improve the job situation — but an executive order for LGBT workers wasn’t among them.
“My administration can and will take some steps to improve our competitiveness on our own,” Obama said. “For example, if you’re a small business owner who has a contract with the federal government, we’re going to make sure you get paid a lot faster than you do now. We’re also planning to cut away the red tape that prevents too many rapidly-growing start-up companies from raising capital and going public.”
Additionally, Obama said his administration would work with federal housing agencies to help more people refinance their mortgages at interest rates that are now near four percent, which he said would put more than $2,000 a year in the pockets of American families.
Richard Socarides, president of Equality Matters, is among the LGBT advocates who have been calling on the president to issue such an executive order against LGBT job bias.
Even without mention of the directive, Socarides said Obama gave “a strong political and policy message.”
“It was a high-toned message and I think everyone in the LGBT community very much wants him to succeed at this, as all Americans do,” Socarides said. “And on jobs and labor issues, we will keep reminding him we still need federal protections for all LGBT workers, we still need ENDA, we still need an executive order on federal contracting. And we fully expect he will deliver for us on these, too.”
Joint session of Congress (Washington Blade photo by Michael Key)
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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