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‘Gay panic’ defense in Miss. murder case

Details in dispute; group calls on Justice Dept. to investigate

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Marco McMillan, gay news, Washington Blade
Marco McMillan, gay news, Washington Blade

Marco McMillan (Photo courtesy of Facebook)

A county coroner in Mississippi disputed claims by family members of gay mayoral candidate Marco McMillian that McMillian was murdered on Feb. 26 by being beaten, burned and dragged naked along an earthen levee next to the Mississippi River near the City of Clarksdale.

The dispute between the family and Coahoma County coroner Scotty Meredith surfaced on Tuesday shortly after local TV news stations reported that Lawrence Reed, 22, the man charged with McMillian’s murder, told friends that he killed the mayoral candidate in self-defense after McMillian allegedly made sexual advances toward him.

Those claims created an immediate uproar among gay activists and McMillian’s friends and family members, who argued that Reed appeared to be invoking the so-called gay panic defense that has often been used by criminals who target gay men for violent attacks.

ABC 24 News of Clarksdale reported that Reed’s friends said Reed and McMillian met a few weeks before the murder at a Clarksdale bar and became friends. The friends told the TV news program they learned later that Reed, who says he’s straight, called his girlfriend immediately after he reportedly killed McMillian.

“She said she was listening to everything that was going on, how the guy was trying to get Lawrence to have a homosexual activity,” Derric Crump, one of Reed’s friends, said in an interview with the TV news program.

McMillian’s friends and family members dispute that account, saying McMillian would not do such a thing.

As developments in the case continued to unfold, the National Black Justice Coalition, an LGBT civil rights group based in Washington, D.C., announced on Tuesday that it has called on the U.S. Justice Department to investigate McMillian’s murder as a possible hate crime.

“After speaking extensively with the family, community and anti-violence coalition members like the National Coalition of Anti-Violence Programs, NBJC feels the perpetuation and validation of the ‘gay panic’ defense is irresponsible,” NBJC Executive Director Sharon Lettman-Hicks said in a March 5 letter to Attorney General Eric H. Holder Jr.

“The conflicting reports as well as the current racial and anti-LGBT climate in Mississippi is justification enough for a federal investigation,” Lettman-Hicks said in her letter.

The dispute between the coroner and McMillian’s family members over the nature of the injuries suffered by McMillian came at a time when neither the coroner nor the Coahoma County Sheriff’s Office have disclosed the cause of death or the motive for the murder.

According to a spokesperson for the Sheriff’s Office, an autopsy was conducted but its results remain inconclusive until toxicology tests are completed. The coroner’s office has said the results of those tests wouldn’t be known until at least the end of the week if not later.

Meredith, the coroner, appeared to be the first public official to provide details about the nature of McMillian’s injuries when he spoke to the New York Times on Tuesday.

According to the Times, he said McMillian’s family apparently misinterpreted information he gave them a week earlier, prompting them to incorrectly disclose to the press and LGBT organizations that McMillian died from being brutally beaten, set on fire and dragged from the side of a road to the levee where his body was found on Feb. 27.

The Times reports Meredith as saying McMillian’s body was found unclothed, with a black eye and two small burns on his skin. Those injuries were not the cause of his death and the cause was still not confirmed pending the completion of the toxicology tests, he told the Times.

“There was no beating, although there may have been an altercation,” the Times quoted him as saying. “He got two little bitty burns.”

In a statement released on Tuesday prior to the publication of the New York Times story on the Times website, McMillian’s family members said the gay mayoral candidate was “brutally murdered.” He suffered severe injuries from being “beaten, dragged and burned (set afire),” the statement says.

“This was reported in our meeting with the local coroner on two occasions,” the statement says.

Meredith told the Times that burns the size of a half-dollar coin were found on McMillian’s hand and leg and that the cause of the burns were unknown.

“For this family, this was their child, whether he’s 34 years old or 3,” the Times quoted Meredith as saying. “They want to believe it was a hate crime. But we don’t have a hate crime.”

Lawrence Reed. (Photo courtesy Coahoma County Miss. Sheriff's Office)

Lawrence Reed. (Photo courtesy Coahoma County Miss. Sheriff’s Office)

The Sheriff’s Office spokesperson, Will Rooker, told the Blade investigators linked defendant Reed to the crime after he became involved in a head-on collision with a car while he was driving McMillian’s SUV on a highway on Feb. 26. McMillian wasn’t in the SUV, and the discovery that the vehicle belonged to McMillian prompted the Sheriff’s Office to launch an investigation into his whereabouts, Rooker said.

Reed was taken by helicopter to a hospital in Memphis, Tenn., which is the closest large city to Clarksdale, where he was treated and listed in stable condition. He appeared in a Memphis court on Monday and waived his right to fight extradition to Mississippi. He was being held without bond and was expected to be returned to Coahoma County, Miss., later this week.

The Jackson, Miss., Clarion-Ledger reported yet another wrinkle in the case on Monday. According to the newspaper, the driver of the vehicle struck by the SUV Reed was driving said friends of Reed told him Reed’s girlfriend called 911 to report that Reed confessed to her that he killed McMillian and stole McMillian’s SUV.

The 911 call was made before the traffic accident occurred, Chris Talley, the driver of the other vehicle, told the Clarion-Ledger. Talley told the Clarion-Ledger he spoke with family members of Reed’s girlfriend at the Sheriff’s Office when he went there to pick up his belongings that were left behind at the scene of the accident.

“They already knew that the vehicle was stolen when the sheriff’s deputies arrived (at the scene of the wreck), and they already knew it was a murder,” the Clarion-Ledger quoted Talley as saying.

McMillian’s friends and campaign supporters said he was considered a viable candidate to become the first openly gay elected official in Mississippi. He was one of four candidates running in the May 7 Democratic primary for mayor in the majority Democratic city of Clarksdale.

With no Republican running in the election, the winner of the primary was expected to easily win the general election on June 4.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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