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BREAKING: Obama to sign executive order barring anti-LGBT job bias

Directive one of the last remaining initiatives sought by LGBT advocates



Barack Obama, United States of America, White House, Democratic Party, Citizens Medal, gay news, Washington Blade
Barack Obama, ENDA, United States of America, Democratic Party, gay news, Washington Blade

President Barack Obama (Washington Blade file photo by Michael Key)

President Obama is set to sign an executive order that would bar anti-LGBT workplace discrimination among federal contractors.

A White House official, speaking on condition of anonymity, told the Blade on Monday the new directive is in line with Obama’s pledge to make 2014 a year of action and use his “pen” to take administrative action if Congress fails to act.

“The president has directed his staff to prepare for his signature an executive order that prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity,” the official said. “The action would build upon existing protections, which generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. This is consistent with the president’s views that all Americans, LGBT or not, should be treated with dignity and respect.”

The executive order was one of the last remaining initiatives that LGBT advocates had sought from the Obama administration in the aftermath of “Don’t Ask, Don’t Tell” repeal, discontinued defense of the Defense of Marriage Act in court, coming out for marriage equality and submitting a brief in the case against California’s Proposition 8.

Rea Carey, executive director of the National Gay & Lesbian Task Force, called the decision “a major step forward” in improving the lives of LGBT people.

“Now millions of people will have the economic security they need to provide for their families,” Carey said. “Through his actions, the president has demonstrated again his commitment to ending discrimination. We thank all the organizations who have worked so hard to make this piece of history. This decision is good for LGBTQ people, good for our economy and good for America.”

According to a 2012 study from the Williams Institute, as many as 16.5 million people would receive protections under the executive order because they work for federal contractors. However, the number of LGBT people within this group is  smaller — about 400,000 -600,000.

Outgoing White House Press Secretary Jay Carney had faced questions about whether Obama would sign the executive order from multiple media outlets, especially LGBT media including the Washington Blade, since April 2011. Each time, Carney has said the administration prefers the Employment Non-Discrimination Act, legislation that would bar anti-LGBT workplace discrimination among many public and private employers, not just federal contractors.

Following a high-level meeting between LGBT advocates and the senior adviser to the president Valerie Jarrett in April 2012, Carney announced that the administration wouldn’t issue the executive order “at this time.” But that didn’t stop LGBT advocates from continuing to call for and demonstrate on behalf of the executive order.

Vice President Joseph Biden told The Huffington Post just last month he sees no “downside” to issuing an executive order against LGBT discrimination, although he maintained legislation remains the best path. Nonetheless, Biden’s words triggered speculation that an executive order from would soon follow, much like his endorsement of marriage equality, which preceded Obama’s just days earlier.

On Monday, the White House official told the Blade that Obama continues to support the Employment Non-Discrimination Act, but noted the U.S. House has not yet acted to pass the legislation following a bi-partisan vote of 64-32 to approve the bill in the U.S. Senate late last year.

“No current federal law adequately protects lesbian, gay, bisexual, and transgender (LGBT) workers from employment discrimination,” the White House official said. “That’s why the president has long supported federal legislation to explicitly prohibit employers from discriminating on the basis of sexual orientation or gender identity. Last November, the Senate passed the Employment Non-Discrimination Act (ENDA) with strong bipartisan support. However, the House has failed to act on this important legislation.”

It wasn’t immediately known when Obama would formally pen his name to the executive order. He’s scheduled to speak this week at a Democratic National Committee gala for the LGBT community in New York City and to speak at a Pride reception at the White House on June 30.

Asked by the Blade whether there could be a scenario in which Obama would drop plans to sign the executive order, the White House official replied, “The president’s intentions are clear.”

It also wasn’t immediately known whether Obama would sign a new executive order or simply amend Executive Order 11246, which prohibits discrimination on the basis of race, religion and national origin among federal contractors who do more than $10,000 a year in business with the federal government.

The White House official pushed back in response to a question over whether the decision to sign the order reflects an assessment that ENDA won’t pass by the end of this Congress.

“We do not believe executive action and congressional action are mutually exclusive,” the official said. “By prohibiting discrimination against LGBT workers by federal contractors, we would be doing our part to expand opportunity for every hard-working American, regardless of who they are or who they love. We continue to hope the House will follow the bipartisan lead of the Senate and pass legislation. But we’re not going to wait any longer for them to do so.”

Despite the continued push for ENDA, House Speaker John Boehner (R-Ohio) told the LGBT Equality Caucus in January there’s “no way” it will come up before Election Day, although participants in the meeting expressed a sense that a vote may take place in the lame duck session of Congress.

On the same day the Blade learned about this development, the Human Rights Campaign published new polling data demonstrating strong public support for federal non-discrimination protections for LGBT people in the workforce.

According to the national survey by TargetPoint Consulting, 63 percent of those surveyed favor a federal law that protects gay and transgender people from employment discrimination, while only 25 percent oppose it. The poll was conducted June 6-10 among 1,200 registered voters.

A 2011 poll by Greenberg Quinlan Rosner Research had similar results regarding the executive order itself and found 73 percent of likely voters would support it.

Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee, praised Obama for his plans and said the House needs to follow suit by taking up ENDA.

“The reality is that many LGBT workers still remain vulnerable to employment discrimination on the basis of sexual orientation or gender identity,” Harkin said. “Without the enactment of the Employment Non-Discrimination Act, it remains perfectly legal to do so in many states across the country. The House should take up and pass ENDA, which was approved with bipartisan support both in the HELP Committee and on the Senate floor.”

The White House official said the executive order builds on Obama’s record on LGBT issues — and would precede more work on behalf of the LGBT community.

“From signing an inclusive Hate Crimes law to passing the Affordable Care Act, from reauthorizing the Violence Against Women Act with provisions to protect LGBT victims to ensuring equality in federal housing, we have taken many important steps forward,” the official said. “While work remains to ensure that all Americans, regardless of sexual orientation or gender identity, are equal under the law, we look forward to continuing to make progress in the months and years ahead.”

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  1. peter rosenstein

    June 16, 2014 at 12:37 pm

    Better late than never is an appropriate phrase here but I am pleased that the President has finally agreed to sign the Executive Order banning discrimination against the LGBT community in federal contracting. I and others have written about this often urging him to do so and let us not forget it was a promise he made to the LGBT community in 2008.

    I join with many others in thanking the President for agreeing to sign the Executive Order and for all he has done for the LGBT community during his Presidency. But we can hope that in our lifetime there will come a time when we will not have to pressure people to do the right thing but they will do it just because it is the right thing to do.

    We can only hope that the President will continue to pressure Congress to act on ENDA and urge them to do the right thing. Until the LGBT community along with women, African Americans and other minorities can be assured of having their full civil and human rights; until everyone is treated fairly and that includes congress passing strong and fair immigration reform; we still have a long way to go until we have that more perfect union that our forefathers and mothers talked of.

    This Executive Order is just one more step in the right direction.

  2. Cindy Trower

    June 16, 2014 at 1:45 pm

    He needs to re-instate unemployment benefits to those who are still unemployed after 6 months of employment.. Because of this I am having to file bankruptcy, go on Medicaid and Snap program and go to food banks for additional food.. How can he just take peoples unemployment away.

  3. Brians Ions

    June 16, 2014 at 1:57 pm

    We can only hope that the President will continue to pressure Congress to act on ENDA and urge them to do the right thing. Until the LGBT community along with women, African Americans and other minorities can be assured of having their full civil and human rights; until everyone is treated fairly and that includes congress passing strong and fair immigration reform; we still have a long way to go until we have that more perfect union that our forefathers and mothers talked of. – Peter R.
    Well said, Peter. This was becoming an embarrassment for Democrats everywhere– and a stain on the president’s otherwise stellar record on behalf of LGBT civil rights. Now the national Democratic Party can stand tall, once again, being on the right of history– and in sharp relief to today’s exclusionary, bigoted Republican Party.
    Thank you, again, Mr. President! Federal contractor employers are not stupid. This EO, when it is signed, should surprise no one– even in the most conservative jurisdictions in the country. Compliance should be high, and the future of a full ENDA largely now rests with Republicans in Congress.
    And how about a shout out to the Washington Blade and the Blade’s WH reporter, Chris Johnson!
    The Blade never let up on this issue– driving the truth and justice of this federal contracting requisite home persistently– and obviously effectively– at the highest office in the land. Well done!
    In a month of Pride, being a near daily consumer of the Blade’s dogged, top-notch journalism is just another thing to be proud of.

  4. Michael Bedwell

    June 16, 2014 at 8:27 pm

    FOR THOSE WHO DON'T BELIEVE IN THE POWER OF THE gATM: "Monday’s announcement comes one day before the president’s trip to New York for the Democratic National Committee’s annual gay and lesbian FUNDRAISER." – msnbc. Given its reporting at the time, the “Blade” should well remember that the Administration only stopped defending DOMA as Constitutional after major gay donors closed their wallets in 2009/2010. If this announcement was unrelated to tomorrow's fundraiser, it would simply have been saved for the Big Reveal at the White House Pride event June 30th. And Just Say NO to the spin that it's because he's disappointed that a Repug-controlled House won't pass ENDA—they took over in January 2011 and it was no less obvious three years ago than it is today that they'd rather die first. And, sorry, no, do NOT thank the President—thank our own people—both those finally willing to wield their financial clout and those who kept reminding them how important this issue is while Gay Bots demonized them for daring suggest the President keep his promise—AND dismissed executive orders as meaningless.

  5. Michael Bedwell

    June 16, 2014 at 4:28 pm

    FOR THOSE WHO DON’T BELIEVE IN THE POWER OF THE gATM: “Monday’s announcement comes one day before the president’s trip to New York for the Democratic National Committee’s annual gay and lesbian FUNDRAISER.” – msnbc. Given its reporting at the time, the “Blade” should well remember that the Administration only stopped defending DOMA as Constitutional after major gay donors closed their wallets in 2009/2010. If this announcement was unrelated to tomorrow’s fundraiser, it would simply have been saved for the Big Reveal at the White House Pride event June 30th. And Just Say NO to the spin that it’s because he’s disappointed that a Repug-controlled House won’t pass ENDA—they took over in January 2011 and it was no less obvious three years ago than it is today that they’d rather die first. And, sorry, no, do NOT thank the President—thank our own people—both those finally willing to wield their financial clout and those who kept reminding them how important this issue is while Gay Bots demonized them for daring suggest the President keep his promise—AND dismissed executive orders as meaningless.

  6. El Dorado

    June 16, 2014 at 11:35 pm

    Obama signing this order is good. But what happens after he leaves office? Executive Orders are only good as long as the one who signed it is in office. The next President does not have to honor it despite any precedent established. We’ve seen Executive Orders reversed before.

    This only applies to Federal Contractors. Not everyone relies on a job like that. Everyone else not covered is still screwed.

    ENDA is really the only remedy. This executive order is just a Band-Aid. It’s not a solution. Yeah, better than nothing but we can still end up with nothing again in a few years.

    If the gay community really had the clout it assumes it has, it would have had ENDA passed as law already. We let the Dems failed us, when the had control of Congress and a sitting President willing to sign it, but stalling with endless excuses why ENDA couldn’t get a vote. Pelosi always said the votes weren’t there. Now Boehner is holding it up so it can’t get a vote.

    We have people who don’t want ENDA to pass if it has religious exemptions in it. Before you wouldn’t let it pass if Transgenders weren’t included. The same people are now finding other excuses to keep it from becoming laws. You are you own enemies in achieving equality.

  7. Heidi Mccombs

    June 17, 2014 at 4:58 pm

    well its about time

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise



Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots



New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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D.C. man charged with 2020 anti-gay death threat rearrested

Defendant implicated in three anti-LGBTQ incidents since 2011



shooting, DC Eagle, assault, hate crime, anti-gay attack, police discrimination, sex police, Sisson, gay news, Washington Blade

A D.C. man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released while awaiting trial was arrested again two weeks ago for allegedly threatening to kill another man in an unrelated incident.

D.C. Superior Court records show that Jalal Malki, who was 37 at the time of his 2020 arrest on a charge of bias-related attempts to do bodily harm against the gay man, was charged on May 4, 2021 with unlawful entry, simple assault, threats to kidnap and injure a person, and attempted possession of a prohibited weapon against the owner of a vacant house at 4412 Georgia Ave., N.W.

Court charging documents state that Malki was allegedly staying at the house without permission as a squatter. An arrest affidavit filed in court by D.C. police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.

According to the affidavit, Malki walked up to the owner of the house while the owner was sitting in his car after having called police and told him, “If you come back here, I’m going to kill you.” While making that threat Malki displayed what appeared to be a gun in his waistband, but which was later found to be a toy gun, the affidavit says.

Malki then walked back inside the house minutes before police arrived and arrested him. Court records show that similar to the court proceedings following his 2020 arrest for threatening the gay man, a judge in the latest case ordered Malki released while awaiting trial. In both cases, the judge ordered him to stay away from the two men he allegedly threatened to kill.

An arrest affidavit filed by D.C. police in the 2020 case states that Malki allegedly made the threats inside an apartment building where the victim lived on the 2300 block of Champlain Street, N.W. It says Malki was living in a nearby building but often visited the building where the victim lived.

“Victim 1 continued to state during an interview that it was not the first time that Defendant 1 had made threats to him, but this time Defendant 1 stated that if he caught him outside, he would ‘fucking kill him.’” the affidavit says. It quotes the victim as saying during this time Malki repeatedly called the victim a “fucking faggot.”

The affidavit, prepared by the arresting officers, says that after the officers arrested Malki and were leading him to a police transport vehicle to be booked for the arrest, he expressed an “excited utterance” that he was “in disbelief that officers sided with the ‘fucking faggot.’”

Court records show that Malki is scheduled to appear in court on June 4 for a status hearing for both the 2020 arrest and the arrest two weeks ago for allegedly threatening to kill the owner of the house in which police say he was illegally squatting.

Superior Court records show that Malki had been arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ related, but prosecutors with the U.S. Attorney’s Office did not list the cases as hate crimes.

In the first of the three cases, filed in July 2011, Malki allegedly shoved a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.

“Victim 1 believes the assault occurred because Suspect 1 believes Victim 1 is a homosexual,” the police arrest affidavit says.

Court records show prosecutors charged Malki with simple assault and threats to do bodily harm in the case. But the court records show that on Sept. 13, 2011, D.C. Superior Court Judge Stephen F. Eilperin found Malki not guilty on both charges following a non-jury trial.

The online court records do not state why the judge rendered a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade couldn’t immediately obtain the records to determine the judge’s reason for the verdict.

In the second case, court records show Malki was arrested by D.C. police outside the Townhouse Tavern bar and restaurant at 1637 R St., N.W. on Nov. 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave the establishment for “disorderly behavior.”

At the time, the Townhouse Tavern was located next door to the gay nightclub Cobalt, which before going out of business two years ago, was located at the corner of 17th and R Streets, N.W.

The police arrest affidavit in the case says Malki allegedly pointed a knife in a threatening way at two of the tavern’s employees who blocked his path when he attempted to re-enter the tavern. The affidavit says he was initially charged by D.C. police with assault with a dangerous weapon – knife. Court records, however, show that prosecutors with the U.S. Attorney’s Office lowered the charges to two counts of simple assault. The records show that on Jan. 15, 2013, Malki pleaded guilty to the two charges as part of a plea bargain arrangement.

The records show that Judge Marissa Demeo on that same day issued a sentence of 30 days for each of the two charges but suspended all 30 days for both counts. She then sentenced Malki to one year of supervised probation for both charges and ordered that he undergo alcohol and drug testing and undergo treatment if appropriate.

In the third case prior to the 2020 and 2021 cases, court records show Malki was arrested outside the Cobalt gay nightclub on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife, and unlawful entry.

The arrest affidavit says an altercation started on the sidewalk outside the bar when for unknown reasons, Malki grabbed a female customer who was outside smoking and attempted to pull her toward him. When her female friend came to her aid, Malki allegedly got “aggressive” by threatening the woman and “removed what appeared to be a knife from an unknown location” and pointed it at the woman’s friend in a threatening way, the affidavit says.

It says a Cobalt employee minutes later ordered Malki to leave the area and he appeared to do so. But others noticed that he walked toward another entrance door to Cobalt and attempted to enter the establishment knowing he had been ordered not to return because of previous problems with his behavior, the affidavit says. When he attempted to push away another employee to force his way into Cobalt, Malki fell to the ground during a scuffle and other employees held him on the ground while someone else called D.C. police.

Court records show that similar to all of Malki’s arrests, a judge released him while awaiting trial and ordered him to stay away from Cobalt and all of those he was charged with threatening and assaulting.

The records show that on Sept. 18, 2015, Malki agreed to a plea bargain offer by prosecutors in which all except two of the charges – attempted possession of a prohibited weapon and simple assault – were dropped. Judge Alfred S. Irving Jr. on Oct. 2, 2015 sentenced Malki to 60 days of incarnation for each of the two charges but suspended all but five days, which he allowed Malki to serve on weekends, the court records show.

The judge ordered that the two five-day jail terms could be served concurrently, meaning just five days total would be served, according to court records. The records also show that Judge Irving sentenced Malki to one year of supervised probation for each of the two counts and ordered that he enter an alcohol treatment program and stay away from Cobalt.

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