National
Will Obama, Romney talk marriage in upcoming debate?
Issue not as prominent in campaign as 2004, 2008
President Obama and Mitt Romney are set to square off on domestic issues at next week’s debate in Denver. (Blade photos by Michael Key)
Next week’s presidential debate could mark the first opportunity for President Obama and Republican presidential nominee Mitt Romney to face off on marriage in a race in which LGBT issues have figured less prominently than previous elections.
The debate — the first in a series of three for the presidential candidates — is set to take place on Wednesday at the University of Denver. The topic for the 90-minute debate is domestic policy, and LGBT issues and marriage equality would fall under that umbrella.
The moderator of the debate is Jim Lehrer, the executive editor and former news anchor for PBS NewsHour. It’s unclear if he’ll ask a question on LGBT rights or marriage at the debate. But a question on LGBT rights could create an opportunity for Obama, who endorsed same-sex marriage in May, to attack Romney for not only opposing marriage rights for gay couples, but supporting a U.S. constitutional amendment banning same-sex marriage.
Evan Wolfson, president of Freedom to Marry, said if a marriage question was posed to the candidates during the debate, he’d like to hear Obama “repeat the same heartfelt personal explanation” that he offered in May when he announced he completed his evolution in support of marriage equality.
“And I’d like him to point out that just as it was wrong to deny couples of different races — like his parents — the freedom to marry, so under our Constitution, it is wrong to exclude couples of the same sex from the commitment of marriage and the freedom to marry under the law,” Wolfson said.
Even though marriage will be on the ballot in four states and lawsuits are pending before the Supreme Court that would overturn the Defense of Marriage Act and California’s Proposition 8, both candidates have remained largely silent on marriage and other social issues and have focused more on the economy and national security.
Crosby Burns, a research associate on LGBT issues at the Center for American Progress, said the two candidates’ differing views on marriage could “not be more stark.”
“You have Mitt Romney who supports a Federal Marriage Amendment that would define marriage as the union between one man and one woman,” Burns said. “And Barack Obama, on the other hand, as you know has come out in May in favor of full marriage equality. If he’s asked a question at next week’s debate in Denver, I fully expect him to reiterate his unyielding support for marriage equality.”
But Dan Pinello, who’s gay and a political scientist at City University of New York, predicted that if the candidates are asked a marriage question during the debate, they would give “very abbreviated answers” because neither Obama nor Romney sees political gain by elevating the issue of marriage.
“If Jim Lehrer does say something about it, I think Mitt Romney will say this is an issue the states have to decide — nothing a president will have any authority over, but a state issue,” Pinello said. “I think Barack Obama, if he’s forced to address it, will say what he’s said before: it’s a personal issue … whatever he said a few months ago. But they’ll try to step around the issue as much as they can.”
Circumstances were much different in the recent past. Just two presidential elections ago, when Sen. John Kerry (D-Mass.) was running against then-President George W. Bush for the White House, the issue of marriage was a cornerstone of the Republican campaign at a time when 13 marriage amendments were on the ballot in states throughout the country.
In his 2004 State of the Union address, Bush said the country “must defend the sanctity of marriage” by passing a Federal Marriage Amendment to prevent “activist judges” from instituting same-sex marriage in their states. Asked about the issue on the campaign trail, Kerry would uncomfortably say he believes marriage is one man, one woman, but doesn’t think the U.S. Constitution should be involved.
Four years later, the issue of same-sex marriage figured less prominently in the contest between then-Democratic candidate Obama and Republican nominee John McCain. It came up during a forum hosted by Pastor Rick Warren of California’s Saddleback Church, when McCain said he thinks marriage should be left to the states, but would support a constitutional amendment banning same-sex marriage if his home state of Arizona were forced to recognize it. Obama also said he believed marriage is between one man, one woman because “God’s in the mix” — a position he has since changed — as he declined to support a Federal Marriage Amendment.
Warren isn’t even hosting the forum during this presidential election. In August, Warren announced he was pulling the plug on a similar event with Obama and Romney because of what Warren perceived as the uncivil discourse of both campaigns.
Pinello attributed the change in prominence of the issue of same-sex marriage to change in public opinion, saying eight years ago people were “very much” against marriage equality, but today a bare majority of the American public supports it.
“The Democrats don’t want to energize the social conservatives to go to the polls, and Romney doesn’t want to turn off moderates by appearing too harsh on social issues,” Pinello said.
Polls show a distinct change in position on same-sex marriage over the course of the last few election cycles. A report published in April by the Pew Research Center indicates a growing evolution in public opinion. In 2004, 60 percent of the American public opposed same-sex marriage while 31 percent supported it. Those figures changed in 2008 from 51 percent opposing it and 39 percent supporting it. This year, the report found the numbers had switched: 47 percent of people back marriage equality, while 43 percent oppose it.
In the past week, discussion of LGBT issues on the Republican side has come not from Romney, but his No. 2 on the ticket: Republican vice presidential candidate Paul Ryan. In an interview over the weekend with ABC affiliate WPTV in Florida, Ryan said when asked if he believes the military should return to the policy of “Don’t Ask, Don’t Tell” that the law shouldn’t be reinstated and “this issue is past us.”
“I talked to a lot of good friends of mine who are combat leaders in the theater, and they just didn’t think the timing of this was right to do this when our troops were in the middle of harm’s way in combat,” said Ryan. “Now that it’s done, we should not reverse it. I think that would be a step in the wrong direction because people have already disclosed themselves.”
On Tuesday, Ryan reiterated his opposition to marriage equality, saying “traditional marriage” is among the shared “universal human values,” even though same-sex marriage is legal in six states and D.C. and recognized in 11 countries. Ryan praised Romney at the Values Voter Summit earlier this month, as a “defender of marriage.”
The exception to the general lack of discussing LGBT issues came at the national conventions. At the Democratic National Convention, speakers weren’t shy about talking about their support for marriage equality. A video was played highlighting Obama’s support for it, and during his nomination acceptance speech Obama criticized “Washington politicians who want to decide who you can marry.”
Marriage references were more limited at the Republican convention, but the subject did come up, notably by former Arkansas Gov. Mike Huckabee, who criticized Obama for his support for “changing the definition of marriage” while still identifying as an evangelical Christian. In his nomination acceptance speech, Romney pledged to “honor the institution of marriage.”
Burns said the emphasis on the issue of marriage at the Democratic convention shows the party has grown to embrace it after being uncomfortable with the issue in years past.
“Every single speech that I heard almost in some way, shape or form — especially among the headliners — brought up gay and lesbian couples,” Burns said. “If you have the party leaders at the DNC convention touting their support for LGBT people, I think that’s indicative of the black and white differences between early elections and now where we have a party fully embracing LGBT equality rather than a lukewarm acceptance that you saw beforehand.”
One game changer for the election in terms of marriage could be the results of what happens with pending litigation before the Supreme Court challenging Prop 8. In the weeks remaining before Election Day, justices could decline to hear the case, allowing same-sex marriage to return to California immediately as soon as a mandate is issued from the U.S. Ninth Circuit Court of Appeals. Romney, who has supported Prop 8, may decide to incorporate that outcome as part of his campaign.
But Pinello predicted the level of attention to marriage would remain the same even if same-sex marriage were to resume in California because gay couples are already marrying in other places within the United States.
“There’s nothing new about that,” Pinello said. “It’s happening in six or seven other jurisdictions presently. It already did happen in California with 18,000 couples in 2008. So, there’s really nothing new about that and I don’t see that having much of an impact other than very short-term coverage.”
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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