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Will Senate address bullying in education reform?

Franken, Casey may offer pro-LGBT amendments

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Sen. Bob Casey (D-Pa.) (Blade photo by Michael Key)

A Senate committee markup this week could present an opportunity to include LGBT anti-bullying measures as part of larger education reform legislation — although whether the panel will act remains unclear.

Starting Wednesday, the Senate Health, Education, Labor & Pensions Committee will consider amendments and vote on legislation to reauthorize the Elementary & Secondary Education Act, an extensive law that helps fund primary and secondary schools throughout the country.

President Obama has identified reauthorization of the law, which was last updated in 2001 during the Bush administration with the No Child Left Behind Act, as among his priorities for this year. At the onset of the 112th Congress, passage of education reform — and possibly LGBT-inclusive legislation — was seen as an area where where a Republican-controlled House and a Democratic-controlled Senate could come to an agreement to take action.

LGBT advocates had been pushing for the inclusion of two-LGBT bills as part of education reform — the Student Non-Discriminination Act and the Safe Schools Improvement Act.

The Student Non-Discrimination Act, or SNDA, is sponsored by Sen. Al Franken (D-Minn.) in the Senate. It establishes sexual orientation and gender identity in schools as protected classes. The bill prohibits school activities receiving federal financial assistance from discriminating against LGBT students. Discrimination also includes harassment of a student.

The Safe Schools Improvement Act, or SSIA, is sponsored by Sen. Bob Casey (D-Pa.) in the Senate. It would require schools receiving federal funds to adopt codes of conduct that prohibit bullying and harassment, including on the basis of sexual orientation and gender identity. The legislation would also require states to report data on bullying and harassment to the Department of Education.

Whether Franken or Casey will offer amendments based on these bills during the Senate HELP committee’s markup remains to be seen. The offices of both senators were non-committal on plans to offer them during the markup process.

Alexandra Fetissoff, a Franken spokesperson, said the senator is committed to SNDA but has yet to make a decision on the best opportunity to introduce the legislation before the Senate.

“He’s currently weighing his options — offering the bill to the committee or as an amendment when ESEA comes to the floor,” Fetissoff said. “He’s hopeful that SNDA will pass as he firmly believes it’s the right thing to do and he believes his colleagues will come to realize that.”

Should Franken offer the amendment during the committee markup process, he should have no problem getting the measure through the committee. All 12 Democrats on the panel are co-sponsors of the bill, which should give it majority support for passage. The legislation has no Republican co-sponsors.

April Mellody, a Casey spokesperson, similarly said plans aren’t yet settled on whether or not her boss will introduce SSIA as an amendment during the markup. She said Casey is “currently working with the other members regarding the amendment process.”

But Mellody said language in the chairman’s mark for the base bill already addresses bullying. Under a provision called Successful, Safe and Healthy Schools, schools receiving grants under the program must have student conduct policies that prohibit bullying and harassment, a key principle of SSIA.

Mellody said Casey is “pleased” with the provision, but would like to see language with enumerated categories that is explicitly LGBT-inclusive.

“Sen. Casey believes those policies should also include specific characteristics, including sexual orientation and gender identity, among others, as protected categories,” Mellody said.

Should Casey decide to offer SSIA as an amendment during committee, he could have more difficulty than Franken would if he offered up SNDA. Of the 12 Democrats on the panel, 10 are co-sponsors. Sens. Michael Bennett (D-Colo.) and Jeff Bingaman (D-N.M.) aren’t co-sponsors of the bill.

On the Republican side, Sen. Mark Kirk (R-Ill.) is an original co-sponsor of the bill, bringing the total number of co-sponsors to 11. That could be short of the 12 votes needed for passage if the bill comes up during committee.

However, given that Bingaman and Bennett are co-sponsors for SNDA and voted in favor of “Don’t Ask, Don’t Tell” repeal last year, their support for SSIA is likely should the measure come up in committee.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said plans remain “up in the air” over whether SNDA or SSIA will come up during the committee markup.

“We don’t know how this is going to turn out,” Cole-Schwartz said. “Certainly, we’ve been advocating on the Hill very strenuously for both of these provisions into the reauthorization, working with our allies in Sen. Casey’s office and Sen. Franken’s office.”

Cole-Schwartz said “it’s poignant” the markup would take place at the same time that the bullying of gay students who committed suicide has been in the news and around the same time as Spirit Day. On Thursday, millions of Americans are expected to wear purple as a sign of support for LGBT youth and to speak out against bullying.

“I think the Senate has a great opportunity to take advantage of this moment that we’re in and really do something to improve the lives of these young people,” Cole-Schwartz said.

If Franken and Casey were to move forward with these amendments, they would be doing so without explicit backing from the Obama administration. President Obama has yet to endorse either SNDA or SSIA.

Shin Inouye, a White House spokesperson, said the administration continues to support the goals of the bills, but stopped short of offering explicit support for them.

“We support the goals of both of these efforts,” Inouye said. “As the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment.”

UPDATE: An LGBT rights advocate, who spoke on condition of anonymity, said Senate HELP Committee Chair Tom Harkin (D-Iowa) is the “obstacle” in including SNDA and SSIA in the education reform markup.

The advocate said Harkin isn’t opposed to the bills, but wants “a clean markup process” so education reform “can sail through” without opposition. Harkin co-sponsors both SSIA and SNDA.

“They want clean markup processes so that their bills can go through without opposition,” the advocate said. “So there’s kind of a dance and negotiation going on.”

The anonymous advocate said Franken and Casey are “really trying to negotiate their way” to include their bills in the committee markup, but no decision has yet made on whether they’ll offer those amendments.

ADDITIONAL UPDATE: The committee markup process has been halted after objections from Republican senators. In committee, Harkin said he expects the panel to reconvene either in the evening on Wednesday or early Thursday.

A Harkin spokesperson, also speaking anonymously, responded to the assertion that the senator is an “obstacle” in including SSIA and SNDA in the committee markup by saying Harkin has “long supported efforts to ensure that all children feel safe and secure in our schools.”

“He believes that no student should be forced to endure harassment, discrimination, violence, bullying or intimidation for any reason, including their sexual orientation or gender identity,” the spokesperson said. “Chairman Harkin is an original co-sponsor of the Student Non-Discrimination Act and is committed to working with Sen. Franken, author of SNDA, and Sen. Casey, author of the Safe Schools Improvement Act, to ensure all students are given the opportunity to succeed free from harassment or discrimination.”

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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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