Editor’s note: This report was commissioned by the European Forum of LGBT Christian Groups being concerned, that the voices of LGBT Christians from Western Africa were not well heard in the on-going discussion about the Family Synod of the Roman Catholic Church. It presents current experiences of LGBT Catholics living in the region and their opinions on the Family Synod. The findings are based on interviews conducted by Davis Mac-Iyalla with Catholic LGBT people in Ghana, Togo, Benin and Nigeria held from 14−31 March 2015.
I arrived safely in the city of Accra, Ghana, on the 14th of March 2015. The last time I was in Ghana was in 2008 and I still have many friends there. The day after my arrival was Sunday and Mother’s Day, and I went with some friends to Mass in Accra. After Mass I was introduced to some of the LGBTI people present at church, some of whom sing in the choir. Some were very happy to share their stories with me, while others were more reticent out of fear that the information might find its way to the authorities and bring trouble for them. Under Ghanaian criminal law, same-sex sexual activity among males is illegal and can result in long prison sentences. The situation with lesbians is less clearly defined, but still highly problematic.
Rosebud, a Christian, lesbian and midwife who works for the government hospital, leads an informal group of Catholic lesbians. It started among fellow lesbians at her church, but women from other churches are discovering her group. She currently has members from the Anglican, Presbyterian as well Pentecostal churches. Although the group is based in Accra, it is growing to be Ghana wide. They have not given the group a name, but come together once a month to pray and listen to each other’s stories. With little support from their churches on the issues that their sexuality raises in society, the group has become their only means of support as they discuss and help each other on LGBT issues. They organize parties and social events, but have to be very discrete, so as not to incur the wrath of the authorities.
Rosebud thinks that in a homophobic society, “the churches should be the first places to welcome LGBT people, not persecute them.” She commented that lesbians cannot immediately identify each other, “people usually become friends first, and then when it is appropriate, a friend will ‘come out.’ ”She was not aware of the on-going Family Synod in the Catholic Church, explaining that in Ghana people only hear what the church leaders want them to hear. “Church matters are conveyed in an authoritarian manner as orders rather than issues up for discussion.“ Although the Internet is available in Ghana, it is not cheap and frequent electricity blackouts make its use problematic for many people — making international media unavailable to most.
Rosebud has a son who is 14-years old. She has brought him up a Catholic and feels strongly that the church should see her and her son as a normal family, despite the fact she is a lesbian. “I know that God loves me. If I was standing face to face with any of the bishops who preach discrimination against LGBT people, I would look them in the eyes and tell them that I did not choose my sexuality.” She believes that God made her gay and trying to change her sexuality is like changing the will of God.
Still in Ghana, I met Kelly, who identifies himself as a Christian Charismatic, bisexual man. Kelly let me record him, and concluded by telling me that he hopes support and education can be given to Ghana’s LGBT community, and particularly education regarding blackmail. Blackmail of LGBT people is on the rise because of an increase in the use of gay dating websites. Sometimes people pretend to be LGBT online, setup a victim and then blackmail them for money. With unemployment on the rise, youths in Ghana are being driven to raise money in this manner and sometimes, even LGBT people have raised money in this way. Sometimes the Ghana police have gone undercover to trap and arrest LGBT people in a similar manner. He said that the decriminalization of homosexuality would be the best way forward to providing safety for LGBT people, but he has no idea how it can be achieved. He also thinks that education in areas of inclusive theology would be useful for the Ghanaian context.
Arriving in Togo was emotional for me, as this is a place I lived for many years, a place where I experienced much joy and also much sorrow. After settling into a guesthouse, I went to see the place where I was attacked in 2008. It had changed a lot.
Lomé, the capital of Togo, is a lively city, but the police there are particularly merciless when dealing with LGBT locals and tourists, especially during the recent period of presidential elections. However, the law against homosexuality is not very clear, although homosexuality can be punishable by 3−5 years in prison. Harassment and blackmail are on the rise.
Additionally, so Sheba (23), a Christian and a lesbian currently studying law in Lomé, there have been an increase in reports of men raping underage boys. These men are labelled gay, and the LGBT community become scapegoats for these crimes. Accusations of rape accompanied by blackmail are a common means of extorting money from rich locals and foreign tourists. Most LGBT people in Togo live in fear because they don’t want to be disowned by their family, so they go underground. In Togo, LGBT people are called by the abusive term “adowe.”
Sadly, the biggest threat to the Togo LGBT community is the church and religious leaders. The Catholic Church is very powerful there, strongly influencing moral, political and other issues. Specifically the Catholic Church and its bishops are highly regarded by people of the country. She reflects that bishops and religious leaders in Togo frequently come on air to blame any mishap or natural disaster that happens in the country on homosexuals. Therefore, she would appreciate support and work with the LGBT community in the area of lobbying at the wider international/church level.
This anti-LGBT stance drives Catholics away from the Church. Edenedi, a bisexual woman who was baptized and brought up Catholic, is now worshiping in the charismatic faith. She feels she can no longer go to church on Sunday, sit down and listen to unchristian preaching about LGBT people. Despite this she still identifies herself as Catholic.
Because of her work as an activist, she is sometimes invited as a guest on radio or TV shows. When a priest or pastor is a fellow guest, they always say negative things against LGBT people such as “homosexuality is not the will of God” and “those that indulge in it are living a sinful life.” It upsets her as a Christian to hear such things coming from the mouths of people who should be representing the loving embrace of Christ.
LGBT people in prison face appalling discrimination. There are reports of rapes by fellow prisoners, and LGBT prisoners do not have access to treatment for HIV and AIDS. Prison chaplains have refused to administer communion to LGBT people in prison services, asking them to repent of their sin of being homosexual. Edenedi is presently negotiating with the prison authorities to allow LGBT prisoners access to condoms; she said they are refused because the authorities say LGBT people should not be having sex. Because of these problems, training of activists who will act as Christian counsellors, visiting prisons and supporting the community, is needed. “Christian literature in French, which talks of an inclusive family and church, would be greatly appreciated here in Togo.”
Aziable is a well-known, prominent gay Catholic activist from Atapkame. Until recently, he was a knight of the church. Knighthood is an honour and invested upon those that the Bishop feels are actively contributing to the life of the diocese. Knights are charged by the church to utilize their potential for mission and evangelism. However, Aziable was dismissed from his knighthood once his sexuality became known. “I will never leave the church because doing so is giving victory to my oppressors,” he emotionally states. He feels that church leaders need help and education to understand properly the gospel that they are claiming to represent.
In Benin, I met with three people who identify as transsexuals and are also Christians from different backgrounds. They wanted to be interviewed together. Their words were heartfelt as they told me that all they wanted from the society and the church is acceptance. Benin does not have any anti-gay laws, but LGBT people are often disowned by their families, if their sexuality becomes known. People who are known to be LGBT are seldom employed.
The three explained that the Catholic Church, which is the dominant faith in the country and holds great power, influences social attitudes and fuels homophobic prejudice. The thing, which saddened me the most, was to hear that if a known homosexual dies, he or she is buried in a different cemetery from everyone else, a place where outcasts are buried. Marginalized and hated in life, marginalized and hated in death. The three interviewees wept as they spoke. One of them named Abib asked me to be honest in my reply and to tell them that if they died would they go to hell or heaven? “Priests say that transsexuals are demons in the kingdom of the devil.” This was very shocking for me to hear. In my years living in Nigeria and Togo I have heard much homophobia, and know well the negative attitudes of church and society towards gay people, but this priest’s words still shocked me. At this point I stopped interviewing them and spent the rest of our time together teaching and reassuring them of the unconditional love of Christ, and telling them that all baptized members of the church regardless of their sexuality, sex or gender identity are welcomed into the Kingdom of God.
Mary is a parent of a 21-year-old gay man living in Porto Novo. She is a practicing Catholic and told me that she knew that her son was different right from the age of 12. “He always wanted to play with girls and never with boys, loved wearing girl’s clothes and often told me he was a girl.” Initially Mary was worried about his behavior and consulted her priest who advised her to give him time to grow up, but continue to pray for her son. She once was told by a fellow parishioner that her son’s female behavior was because of a lack of a father figure in his life. This was so offensive to Mary that she reported it to her priest, but nothing happened as the priest agreed with what the parishioner had said. She feels angry about the attitudes of the church towards homosexuals and single parents. “I love my church and my country, but I love my child more and I will do everything to protect him.”
Many LGTB people fear that their family will disown them if their sexuality was ever known. Many are subjected to pressure from their parents to get married and have children especially if they are the firstborn son. Dossou, a 39-year-old travel agent, is so concerned about this that he is currently trying to get a job in Nigeria where nobody knows him. He understands that Nigeria is also a difficult place to live if you are homosexual, but is not planning to come out any time soon. “I want to stay in Nigeria, improve my English and then find a way to travel to Europe where I can be free to be myself.” He feels that the church, which is supposed to be a place of hope, has taken the lead in discriminating against people like him. He ends by saying, “I will always be a Catholic, just as I will always be a homosexual. I know that I am loved by God.”
My next journey was to Nigeria, and I had to be extremely careful at this stage of my journey for my own safety and security. It was not easy crossing the border of Benin and Nigeria since the Nigerian presidential election was coming up in few days time, so security was very high. I had wished to visit northern, southern and eastern Nigeria but could only visit Lagos, which is in the southwest. However I did meet and speak to people from all regions of the country as Lagos is the most diverse cultural city of Nigeria.
In Nigeria, the church and the government both persecute LGBT people. On the 7th of January 2014 the Nigerian president, Goodluck Jonathan, signed The Same Sex Marriage (Prohibition) Act into law. This act imposes lengthy prison sentences of up to 14 years on any person who attempts to enter into a same-sex marriage or civil union; who participates in a gay club, society or organization; or who makes a public display of affection with a person of the same sex.
Rashidi is a trained science laboratory technician and an unapologetic human rights advocate especially for persons marginalized on grounds of sexual orientation and gender identity. He was brought up as Catholic. The strict observance of religion and faith in his family led him to begin to study the Bible at an early age, but the experiences and realization of his sexuality made him more questioning of the scriptures. As a young man, he was scared he was going to be consumed by fire whenever he stepped up to the altar. He feared that his homosexuality would be revealed to the church and he would become an object of mockery amongst his peers. He remarked, “Many homosexuals within the church in Nigeria still have those same feelings and are scared about people finding the truth of who they are.”
Rashidi expressed his anger over the Same Sex Marriage Act. Many LGBT Catholics in Nigeria were very disappointed to read in the press that The Catholic Bishops Conference of Nigeria made statements in support of the bill saying that the law was a “step in the right direction for the protection of the dignity of the human person”. Rashidi angrily commented, “I cannot understand how the church could support the persecutions of LGBT Nigerians and still call itself Christian.” There had been an increase in violent attacks against Nigerian LGBT people since the bill was signed into law. Painful for him is the lack of pastoral care and support from the Nigerian Catholic Church towards its LGBT members. While the bishop pays ‘lip-service’ to human rights and equality, the Catholic Church does not seem to put these ideals into practice.
Rashidi followed the Catholic Family Synod through the international media. “Why the Catholic Church can’t be more like Christ to give everyone a place, I do not know,” he muses. He hopes to see the Nigerian Catholic Church becoming more open and welcoming to everyone. While the priests and bishops in Nigeria are publicly opposing homosexuality, he asks, “Does this mean that there are no homosexual priests or bishops in the Catholic Church of Nigeria, or are they just too afraid to accept themselves and speak out the truth which is first and foremost their calling?” He would love to see brothers and sisters from Europe and other parts of the world visiting Nigeria, sharing their stories and supporting the LGBT of Nigeria in their journey of faith. “What is needed most in Nigeria is material that teaches liberation theology,” he concludes.
I also met Grace, a lesbian from Ojota. She is a Christian who discovered that she is a lesbian at a very young age. She is currently unemployed but does lots of voluntary work to support the LGBT community in Lagos. She is still very much in the closet but friends and family members often comment on how she dresses like a boy and behaves like a man. Her mother constantly reminds her that a woman’s place is under her husband and says she is praying for Grace to find a good husband. Since the passing of the anti-gay law in January 2014, Grace has become more careful. She recounts a story about an undercover policewoman who joined an online dating group to trap unsuspecting gay women. The policewoman met a female doctor who she subsequently reported to the authorities. The doctor lost her job and was forced to relocate outside of Nigeria. “Many people are using the anti-gay law to blackmail people for money,” Grace explains. In her eyes, Nigeria is a mob country where people are violently persecuted for being homosexual. She said, “I believe [LBGTIs] are one family and I hope that the worldwide Catholic Church and all Christians will come to realise this truth too.”
For many LBGTI persons, the only source of information is the press, which, on most occasions, condemns homosexuality. This can lead to a feeling of self-loathing, an inferiority complex and often a feeling of inadequacy in LGBTs. The condemnation of homosexuality by state and churches as well as the fear of being outed force LGBTs to hide their real sexual identity for a long time. Cynthia was one such person. The acceptance of herself only started when she found an online-group for same gender loving women. Through this group of lesbians, she became aware that love is natural and the greatest commandment of Jesus Christ. She feels that most LGBT Nigerians don’t know the full component of the anti-gay law. “The damaging effects of the anti-gay law are ‘crazy’: gay bashing, suicide, blackmail, rape and more is on the increase against Nigerian LGBT people since that law came into effect,” she explains. Cynthia wishes there was one bishop in Nigeria who was bold enough to stand up and challenge the church and government on their views and attitudes to homosexuality.
Cynthia explains, “I am born and raised Nigerian, if there is anything Nigeria needs it is answers to why a nation so blessed with natural minerals resources, is lacking and dying in poverty. What Nigeria needs is good roads, steady electricity supply, good healthcare and good social services. The problem for the ordinary Nigerian is how to have a daily meal.” In her eyes, the only people who are asking for anti-gay laws are politicians and religious leaders who are using LGBT Nigerians as a scapegoat for the problems in the country.
She asked to help drive education within the Nigerian LGBT Christian communities. This education should cut across spirituality, self and career development, and include legal and human rights. She wants LGBT Catholics from all over the world to keep close ties with the Nigeria LGBT Christians communities.
From the many interviews conducted, it has become clear that LGBT people in West Africa have a hard life. They are openly persecuted both by the state and the church and feel abandoned. It is sad to say that many LGBTs are “marginalized and hated in life and marginalized and hated in death.”
They fear to be excluded and disowned by their families when they come out. Unemployment and blackmailing are often mentioned problems, which turn sexual orientation into a cause for economic losses and poverty.
The anti-gay laws in these countries prevent constructive dialogue between the state, church and LGBTs. These laws are used as ammunition to justify persecution and the refusal of pastoral care and support by religious and community leaders. This isolates LGBTs and propagates fear, hatred and even violence against the LGBT community.
The Catholic Church in West Africa has not initiated the family debate in their churches and parishes. Church leaders are disconnected from reality about their LGBT members. In turn the LGBT members are ignorant of what is going on at the higher level of the Catholic Church both in their own countries and internationally.
Despite all of this, Catholic LGBT’s do not want to walk away from the Catholic Church. They want to be accepted, to be welcomed by the church, to have dialogue, and education. Above all, they want equality both in their personal lives and in their church to live in a nurturing environment not one of condemnation. They want to participate in the Family Synod discussions. They want to have a voice, to tell their stories, to relate their situations and to let the world know of their plight and their fight.
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.
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
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.
D.C. man charged with 2020 anti-gay death threat rearrested
Defendant implicated in three anti-LGBTQ incidents since 2011
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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