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Jury deliberating Marine murder case

Suspect allegedly shouted anti-gay slur before stabbing victim

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Marine Barracks, gay news, Washington Blade

Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across from the Marine Barracks. (Washington Blade file photo by Michael Key)

A D.C. Superior Court jury completed its third day of deliberations on Tuesday without reaching a verdict over whether a 21-year-old former U.S. Marine should be found guilty of second-degree murder while armed for stabbing a fellow Marine to death after allegedly shouting an anti-gay slur during an April 2012 altercation.

Judge Russell Canan gave jurors Wednesday and Friday off for the Thanksgiving holiday weekend and instructed them to return Monday, Dec. 2, to resume their deliberations.

Pfc. Michael Poth, who has since been discharged from the Marines, has been held in jail since the time D.C. police arrested him on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks.

Bushong was pronounced dead less than an hour later after being taken to a hospital. An autopsy showed he died of a single knife wound that punctured his heart.

Gay congressional staff member Nishith Pandya, a friend of Bushong’s who emerged as a lead prosecution witness, testified that Poth called him and Bushong a ā€œfaggotā€ while the two stood with others on the sidewalk outside Mollie Malone’s restaurant and bar as Poth walked by.

Pandya, who works for U.S. Rep. Bobby Rush (D-Ill.), told the jury he’s gay and that he and Bushong, who was straight, were platonic friends.

Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, said Poth hurled the anti-gay slur with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab Bushong. Liebman cited testimony by witnesses that Poth became angry over a remark that Bushong made to Poth about an hour earlier when the two Marines first crossed paths on 8th Street.

A police report says Poth told D.C. police homicide detectives after the stabbing that Bushong called him a ā€œboot,ā€ a slang term used for a Marine just out of boot camp.

ā€œCall me boots and the fight started,ā€ the police report quoted Poth as saying. ā€œHe was talking shit so I stabbed him…I stabbed him because he punched me in the head,ā€ the report quoted him as saying.

Pandya testified that Bushong never hit Poth.

In his closing argument, Liebman pointed to a civilian witness who testified that she saw someone fitting Poth’s description walking along 8th Street saying to himself he was going to stab somebody. Liebman cited testimony by a police detective that Poth told police at the time of his arrest, upon learning that Bushong was being taken to a hospital, ā€œGood, I hope he dies.ā€

The prosecutor said other witnesses, including Marine guards who were watching Poth walk past them on 8th Street and nearby streets prior to the stabbing, made it clear that Poth wanted to confront Bushong again and was walking up and down the street looking for him.

ā€œYou don’t get to claim self-defense when you proclaim intent to stab someone before you come into contact with them,ā€ Liebman told the jury. ā€œThe law doesn’t allow you to use deadly force before you have contactā€ in a self-defense claim, Leibman said.

Poth’s attorney, Bernard Grimm, told the jury Poth acted in self-defense and that the stabbing came after Bushong and Pandya walked toward Poth at the time of the verbal altercation outside Mollie Malone’s. Grimm said the jury should be skeptical about Pandya’s claim that Poth made an anti-gay slur.

Grimm pointed out repeatedly that Poth, who weighs 140 pounds and is five-feet-seven inches tall, was far smaller than Bushong, who was over 6 feet tall and Pandya, who weighs more than 200 pounds.

He said one of several videos obtained from security cameras deployed by businesses along 8th Street suggested that Poth had been on the ground and stood up just before the stabbing. This corroborated Poth’s claim that Bushong punched him in the head and knocked him down and that Poth stabbed Bushong in self-defense, Grimm said.

Grimm pointed to testimony by a Marine guard who witnessed part of the altercation that Bushong at one point changed directions and followed Poth after the two crossed paths on the sidewalk while walking on 8th Street.

The Marine testified that Bushong reached toward Poth and put one hand on Poth’s shoulder and motioned with his other hand as if he was about to throw a punch. It was at that time that Poth appears to have stabbed Bushong, the Marine said.

Leibman and Grimm played video footage from security cameras of several of the businesses along the street, but none of the video footage captured the stabbing.

Grimm called Pandya’s testimony unreliable, saying that Pandya told police the person who stabbed Bushong was wearing khaki colored short pants when it was clear to all other witnesses that he was wearing blue jeans.Ā He said Pandya, knowing that the stabbing took place after Bushong followed Poth and acted as the aggressor, didn’t want police to talk to Poth out of fear that it would become clear that his friend was the instigator of the fight that broke out between Bushong and Poth.

ā€œHe was in it up to his ears,ā€ Grimm said. ā€œHe egged Bushong on.ā€

Grimm also reminded the jury that witnesses said Bushong was asked to leave one of the bars on 8th Street on the night of the incident because he was intoxicated and acting in a boisterous and disruptive manor.

ā€œSomeone said don’t let him get near anyone on the street,ā€ Grimm told the jury, saying someone in the bar feared Bushong would hurt someone.

Liebman told the jury that although Pandya got the clothing description of Poth wrong, his testimony on what unfolded between Poth and Bushong was correct.

ā€œMr. Grimm wants you to believe that you can’t believe anything that Mr. Pandya said,ā€ Liebman told the jury, including Pandya’s testimony that Poth used the word ā€œfaggotā€ to insult Bushong.

ā€œMr. Pandya is gay. Do you think he heard that right?ā€ said Liebman. ā€œYou better believe it. He had no reason to make that up.ā€

Although Liebman said at a pre-trial hearing in April 2012 that prosecutors considered the stabbing to be a hate crime, the government never formally charged Poth with a hate crime. A hate crime designation enables a judge to hand down a more severe sentence than what is normally required for a particular offense.

The jury began its deliberations about 2 p.m. on Friday, Nov. 22, 10 days after the trial began on Nov. 12.Ā Judge Russell Canan, who’s presiding over the trial, sent the jurors home for the weekend just before 5 p.m. They resumed deliberations about 10 a.m. Monday, Nov. 25 and continued through Tuesday afternoon.

A conviction on second-degree murder while armed carries a possible maximum sentence of 70 years in jail. If the jury finds Poth not guilty on the second-degree murder charge it has the option of finding him guilty of a lesser offense of manslaughter.

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Virginia

EXCLUSIVE: HRC PAC to endorse Spanberger for Va. governor

Former congresswoman to face off against state’s GOP lieutenant governor

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Abigail Spanberger (Photo credit: Abigail Spanberger for Governor)

The Human Rights Campaign PAC on Tuesday will endorse Democratic nominee Abigail Spanberger’s run for governor of Virginia, the organization told the Washington Blade.

The former CIA agent-turned-congresswoman, who represented her state’s 7th Congressional District from 2019 to 2025, will face off against Republican Lieutenant Gov. Winsome Earle-Sears in this year’s gubernatorial race.

A Roanoke College survey in February found Spanberger in the lead with a comfortable margin, 39-24, while a trio of polls in January found her ahead by one, five, and 10 percentage points.

Virginia’s incumbent Republican Gov. Glenn Youngkin, who is prohibited from seeking a second term under the state’s constitution, has consistently restricted LGBTQ rights and attacked the transgender community since taking office in 2022.

HRC said Spanberger’s candidacy “offers Virginians renewed hope for a future rooted in equality,” with the group’s president, Kelley Robinson, calling her “a champion for the LGBTQ community.”

Noting the former congresswoman’s co-sponsorship of the Equality Act, legislation that would expand federal anti-discrimination protections to include LGBTQ people, Robinson said Spanberger “understands that Virginia’s future success depends on the full inclusion and protection of all its people.”

HRC’s president added, “As governor, she will work tirelessly to build a Virginia where everyone — regardless of who they are or who they love — can live, work, and go to school with dignity, safety, and opportunity. We are thrilled to support her and mobilize pro-equality Virginians to make her the commonwealth’s next governor.ā€Ā 

Responding to news of the endorsement, Spanberger said ā€œI’m honored to earn the endorsement of the Human Rights Campaign, and I’m ready to work together to build on the progress we’ve made to secure equal protections for all Virginians under the law.”

“Affirming that Virginia is a welcoming home for all families goes beyond protecting marriage equality — it means defending Virginians’ right to live without fear of discrimination or harm,” she said. “As governor, I will work to make sure that no Virginian is denied government services, loses a job, or faces any other form of discrimination because of who they love or who they are.ā€

HRC further noted that Spanberger fought to pass the Respect for Marriage Act, which was signed into law in 2022 and codified legal protections for married same-sex and interracial couples, as well as her promise to “defend marriage equality and work with the General Assembly to enshrine marriage equality in Virginia’s constitution.”

Spanberger has also committed to “signing legislation guaranteeing Virginians’ right to access contraception and birth control,” HRC wrote, “and protecting against attempts by extreme judges and politicians to roll back Virginians’ reproductive freedoms.”

By contrast, the organization criticized Sears’s LGBTQ rights record — noting that in 2004, she pledged to “emphatically support a constitutional amendment” banning same-sex marriage, in 2021, she campaigned with a gubernatorial candidate who said homosexuality was the “work of the devil,” and in 2022, she “dodged questions” about her position on marriage equality and “attempted to rewrite her hateful history.”

Since 1977, with only one exception, Virginia has elected governors who belong to the party that is out of power at the presidential level. The state’s upcoming off-year gubernatorial contest presents an opportunity for Democrats who are eager for a major electoral victory to channel momentum against President Donald Trump and Republican majorities in Congress.

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District of Columbia

Gay Men’s Chorus of Washington to celebrate Spring Affair honorees

‘Their work inspires our music and deepens our mission’

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The Gay Men's Chorus of Washington performs 'Passports' at the Lincoln Theatre earlier this year. (Washington Blade photo by Michael Key)

For 44 years, the Gay Men’s Chorus of Washington (GMCW) has served as a powerful voice for love, unity, and pride among Washington’s LGBTQ community and its allies. Since its first performance in 1981—at the opening of the National Gay Task Force’s Washington office (later becoming the National LGBTQ Task Force)—GMCW has built a politically engaged and culturally significant legacy as one of the nation’s foremost LGBTQ performing arts organizations.

As its music and mission evolved, GMCW deepened its involvement in supporting LGBTQ individuals and allies alike. In 2004, the chorus launched its first Spring Affair fundraiser. This annual event not only generates financial support for the inclusive choral group, but also honors individuals and organizations in the Washington community who exemplify GMCW’s mission of unity, equity, and empowerment through music.

Each year at the Spring Affair gala, the chorus honors one community leader, one external organization, and one GMCW member. For the 2025 gala, GMCW will recognize Bishop Mariann Edgar Budde, Atlas Performing Arts Center, and GMCW member Keygan Miller.

ā€œThese honorees remind us why we sing,ā€ said Thea Kano, artistic director of the Gay Men’s Chorus of Washington, DC, in an email. ā€œIn moments when our community has needed strength, they’ve offered hope. Whether it’s a brave voice from the pulpit, a tireless advocate for our youth, or an organization that opens its doors to every story—each has chosen to lead with love, truth, and courage. Their work inspires our music and deepens our mission.ā€

GMCW will honor Bishop Mariann Edgar Budde, the first woman elected to lead the Episcopal Diocese of Washington, as its 2025 individual award recipient. A longtime champion of equity and inclusion, Bishop Budde gained national prominence during the Inaugural Prayer Service at Washington National Cathedral, where she spoke directly to newly sworn-in President Donald Trump.

ā€œHave mercy, Mr. President,ā€ she implored, lifting the hopes of the most vulnerable Americans targeted by Trump’s policies—particularly LGBTQ and immigrant communities. Her bold words signaled to the nation that she remains a genuine and outspoken voice for justice, unity, and truth, inspiring compassion and faith within and beyond her religious community.

GMCW will present the Harmony Award for an Organization to the Atlas Performing Arts Center, located in the historic H Street, N.E. corridor. In 2024 alone, Atlas hosted more than 400 events and provided $1.6 million in free and discounted tickets, arts education, community programming, and space use. Through this work, Atlas has amplified ā€œartistic voices that reflect the full diversity of our community.ā€

The center has long partnered with GMCW, offering space for open mic nights, cabarets, GenOUT Chorus events like the Youth Summit, and even memorial services such as that for Bobby T. Boaz. Atlas exemplifies GMCW’s mission of storytelling, equity, and civic connection through programs like the INTERSECTIONS Festival and City at Peace.

ā€œWe are absolutely thrilled and deeply honored that the Atlas Performing Arts Center has been named a recipient of the GMCW Harmony Award! This recognition is a powerful affirmation of our commitment to uplifting voices, fostering inclusive creative expression, and building a space where everyone feels seen, heard, and celebrated,ā€ said Jarrod Bennett, Executive Director of the Atlas Performing Arts Center.

ā€œAt the Atlas, our mission is rooted in the belief that the arts are for everyone—and that through performance, dialogue, and community, we can help shape a more just, compassionate world. To be acknowledged by the Gay Men’s Chorus of Washington, DC—an organization that has long stood at the forefront of championing equality and advancing the well-being of the LGBTQ+ community—is a profound and humbling honor. We continue to be inspired by GMCW’s work and are proud to stand alongside them in this shared vision. Thank you, GMCW, for this beautiful recognition. We carry it forward with gratitude and renewed energy for the work ahead.ā€

Finally, GMCW will honor Keygan Miller, a chorus member since 2017, for their leadership, advocacy, and commitment to equity both onstage and off. Within GMCW, Miller served as Vice President of Diversity and Inclusion, led conversations to expand trans inclusion, authored the ā€œDay Oneā€ pledge, and played a critical role in shaping inclusive programming.

Outside the chorus, Miller serves as Director of Public Training for The Trevor Project, a national nonprofit focused on crisis intervention and suicide prevention services for LGBTQ youth under 25. They previously worked as an Advocacy Manager at the Trevor Project, where they championed policies protecting LGBTQ+ youth at every level of government.

As GMCW continues its mission to uplift and unite through music, the organization encourages new voices to join its ranks. GMCW welcomes all singers—regardless of gender identity or sexual orientation—who can sing in the lower vocal registers.

The 2025 Spring Affair Gala will take place on May 17, 2025, at The Ritz-Carlton, Washington, D.C. This annual benefit supports GMCW’s artistic and educational programming. For tickets, audition information, and more, visit GMCW.org.

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District of Columbia

Activists stage reenactment of 1965 gay rights protest at White House

Event marked 60th anniversary of historic picketing

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The reenactment took place Thursday. (Washington Blade photo by Lou Chibbaro, Jr.)

With dozens of tourists watching, a little over two dozen LGBTQ activists walked in a circular picket line carrying ā€œhomosexual rightsā€ signs on the sidewalk in front of the White House on April 17 in a reenactment of the historic 1965 first gay rights protest outside the White House.

Organized by D.C.’s Rainbow History Project, the event marked the 60th anniversary of the 1965 protest, which was organized by gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.’s first gay rights groups that Kameny co-founded in the early 1960s.

ā€œThe White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride marches and the annual LGBTQ Pride celebrations which occur across the globe,ā€ according to a leaflet prepared by Rainbow History Project that participants in the reenactment handed out to passersby and tourists.

Among those participating in the reenactment protest was longtime D.C. LGBTQ rightsĀ  advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler carried a replica of the sign he said he carried at the 1965 protest, which states, ā€œFifteen Million U.S. Homosexuals Protest Federal Treatment.ā€

Paul Kuntzler (Washington Blade photo by Lou Chibbaro, Jr.)

Other signs carried by participants stated, ā€œHomosexuals Died for Their Country, Too;ā€ ā€œWhite House Refuses Replies To Our Letters – Afraid Of Us?ā€; Ā ā€œCuba’s Government Persecutes Homosexuals, U.S. Government Beats Them To It;ā€ Ā ā€œHomosexuals are American Citizens, Too.ā€

The leaflet that participants distributed at the April 17 reenactment, which includes a photo of the 1965 event, lists what it says were the four main demands issued by the Mattachine Society of Washington in 1965.

They called for an end to ā€œthe exclusion of homosexuals from federal employment,ā€ an end to the ban on gays from serving in the U.S. military, an end to the ā€œblanket denial of security clearances for gay people,ā€ and an end to the government’s refusal to meet with the LGBTQ community or to reply to their letters.

The leaflet includes an excerpt from a letter that Kameny wrote to then-President Lyndon B. Johnson around the time of the 1965 protest.

ā€œWe ask you, Mr. President, for what all American citizens – singly and collectively – have the right to ask,ā€ the letter states. ā€œThat our problems be given fair, unbiased consideration…consideration in which we, ourselves, are allowed to participate actively and are invited to do so.ā€

The leaflet notes that although Kameny died in 2011 and Vincenz died in 2023, ā€œtheir legacy is carried on by modern LGBTQ+ rights activists, who continue to advocate for employment opportunities, legal protections, inclusive health services, and more.ā€

Rainbow History Project official Vincent Slatt, one of the lead organizers of the reenactment protest, said his group had no trouble obtaining a permit from the National Park Service to hold the event outside the White House.

 ā€œI think the picket is going very, very well today,ā€ he said while watching the picketers on the White House sidewalk. ā€œWe have a couple of dozen people participating. And there are lots of tourists engaging,ā€ he said. ā€œWe’re handing out pamphlets to let them know about the historic picket and the importance of learning LGBT history.ā€

Slatt added, ā€œBut the highest impact is really that the media showed up to spread awareness of this.ā€

Lesbian activist Leticia Gomez, while walking on the White House picket line at the reenactment event, said she was among those who benefited from the 1965 protest and those that followed in support of LGBTQ rights.

 ā€œI’m blessed,ā€ she said. ā€œI got to work 34 years for the federal government as an out lesbian in the Department of the Navy,ā€ she told the Blade. ā€œSo, because of what they did and all the other protests that came after that, it allowed me to have the career that I had.ā€

 Also walking the picket line at the April 17 reenactment event was Deacon Maccubbin, owner of the former D.C.  LGBTQ bookstore Lambda Rising and organizer of D.C.’s first Gay Pride Day event in 1975.

 ā€œIt was really wonderful to be here today after 60 years,ā€ he said. ā€œI wasn’t at the first one,ā€ he told the Blade. ā€œBut it’s just wonderful that this happened in 1965. It started the ball rolling, and all the progress that we’ve made, the fact that we do gay Pride every year in D.C. – all of those are dependent on this demonstration that got started in 1965.ā€

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