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Griffin sees 2016 as pivotal moment for LGBT rights

‘We’ve never had so much at stake in any election’

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Chad Griffin, HRC, Human Rights Campaign, gay news, Washington Blade
Chad Griffin, HRC, Human Rights Campaign, gay news, Washington Blade

Human Rights Campaign President Chad Griffin (Washington Blade photo by Michael Key)

Editor’s Note: This is part one of a two-part interview with Human Rights Campaign President Chad Griffin. The second installment will be posted to washingtonblade.com in the coming days.

For Chad Griffin, 2016 represents a pivotal time when the LGBT community’s successes after the U.S. Supreme Court ruling on marriage could continue — or face significant setbacks.

“We’ve never had so much at stake in any election than we have in 2016 as it relates to LGBT rights — both in terms of protecting our gains as well as having advocates both in the House and Senate as well as in the White House that will not only protect our progress and our gains, but also be champions and leaders in order for us to achieve success in the future as it relates to the Equality Act and a host of other priorities,” Griffin said.

The president of the Human Rights Campaign, the nation’s largest LGBT group, laid out his vision for the year ahead in a wide-ranging, 45-minute interview with the Washington Blade in his office in Washington, D.C.

At the top of his list of concerns is the expectation that state legislatures would advance bills aimed at rolling back progress on LGBT rights. Touting his organization’s new report on the danger of such bills, Griffin said when asked if he thinks we might see movement on them, “I think not may, I think we will.”

“We’ve been working in coalition, depending on the state, with state groups, with business coalitions around the states to ensure that we’re all in front of us and that no one is caught off guard and that no one is surprised, and I think the experience of what we saw this last legislative cycle has really — not just our organization, but the movement as a whole — is more ready than we really were last round,” Griffin said.

Griffin divided the bills into categories: “Religious freedom” bills that would allow businesses to refuse services to LGBT people; legislation prohibiting municipalities from enacting pro-LGBT non-discrimination ordinances; and anti-trans bills aimed at keeping transgender people from using the public restroom consistent with their gender identity.

Asked to name the states in which he thinks such legislation could advance, Griffin said the pre-emption bills could come in four or five states while the anti-trans and religious freedom measures could emerge in more than 20.

Griffin said the strategy to defeat the bills would differ from state to state, but that the business community would be key in derailing those efforts — not just behind the scenes, but vocally in opposition to the bills.

“In many of these states, it’s business leaders and the state chambers — it’s the largest employers in the state that often have the grandest impact among elected officials at the local and state level, and so we’ve been working across the country in order to ensure that businesses are organized in ways that we can see defeat, and you have some businesses that are willing to be more public and some businesses that are willing to do things more privately,” Griffin said.

But Griffin also emphasized the importance of grassroots organizing, saying the work of activists in Arkansas last year was important in mitigating a religious freedom bill before lawmakers at the statehouse.

“There’s only one route in,” Griffin said. “They either have to walk up the grand stairs to the Senate or up the stairs into the House of Representatives. And in doing that they have to walk through hundreds and hundreds of grassroots folks from that state, and I maintain that that had amongst the greatest impact of everyday folks who were showing up to demand equality and to ask their legislators to oppose that legislation and ultimately ask the governor to step back.”

Griffin acknowledged he also sees opportunities to advance LGBT rights this year, but was reluctant to specify where because he doesn’t want to tip off opponents of LGBT rights. Among the places that he said are no secret are Charlotte, N.C, and Jacksonville, Fla., where efforts are underway at the municipal level to enact prohibitions on anti-LGBT discrimination.

“It’s important not to write off municipalities,” Griffin said. “Before there were any statewide protections in Utah, there were 18 cities or municipalities that had protections. So that meant more than half the state was already covered by the time the state legislature finally voted and some protections were afforded.”

In terms of advancing LGBT rights in the states, Griffin identified Pennsylvania as one place where that could happen, but said the focus at the state level would be on derailing anti-LGBT efforts.

“I do believe in the 2016 cycle when we’re in the midst of primaries we’ll be on the defensive more than we’re on the offense,” Griffin said.

Ted Martin, executive director of Equality Pennsylvania, said he agrees with Griffin that his state could see pro-LGBT legislation advance this year.

“We do share this assessment,” Martin said. “Non-discrimination is our top legislative priority and we intend to do everything we can in 2016 to see it passed.”

More third-party voices needed after Houston defeat

Chad Griffin, HRC, Human Rights Campaign, gay news, Washington Blade

Chad Griffin (Washington Blade photo by Michael Key)

In the aftermath of the defeat of the LGBT-inclusive non-discrimination ordinance in Houston last year, Griffin had told the Blade weeks ago on Capitol Hill the result was under review. During the interview in his office, Griffin offered additional ideas on the strategy going forward to counter the anti-trans attacks at the ballot, but maintained that the absence of business community support was harmful in the Houston fight.

“Many in the business community hid behind the local chamber,” Griffin said. “That is not without a lot of attempts and organizational appeals by us, by our partner organizations and others. And that was a noticeable difference in Houston. Business is key to our formula for success, and we’ve got to have them in our battles in the future.”

Griffin also said there was “no question” the response to opponents’ ads was insufficient, not strong enough and not well enough resourced.

“The folks who were on the ground and the campaign manager, there was funding for a single track of ads and a decision was made to stay on a positive message as opposed to switching,” Griffin said. “Often times on a campaign, when I used to be a campaign manager in a previous life, your dream was to be able to afford two tracks, right? One track of ads that was your positive, one track of ads that was your response. We didn’t have that level of funding in that campaign to run two tracks the entire time.”

On the nature of the response to the anti-trans attacks, Griffin said views differ and the issue will require more testing, but he believes personally third-party voices are key.

“My own experience tells me specifically what we were missing in the response were third-party validators that could look into the camera and say why those ads are wrong and why they’re lies,” Griffin said. “A good example of someone like that would be a law enforcement officer, a police chief, someone with credibility that’s not seen as political or partisan or having any interest.”

Also key for Griffin is generally raising visibility of transgender people, which he said is relevant to Houston, but also the transgender movement as a whole. Espousing the widely held view that knowing someone who is LGBT makes a person more supportive of LGBT rights, Griffin said in 2008, 5 or 6 percent of people knew someone who is transgender, but that number now is 22 percent.

“And the extent to which we can increase that number and increase the pace with which that number goes up, it will be to our benefit in all of these campaigns around the country,” Griffin said.

Griffin also raised the possibility of a “Bradley Effect” in Houston to account for early poll results indicating a victory for the ordinance before the loss on Election Day. Under this political theory, voters are telling pollsters they will vote a way that’s different from the way they actually cast their ballots.

“I think we don’t have evidence to know exactly how to interpret the difference in polls and the Election Day results, but I do think it’s something that we as a movement are going to have to be really conscious of going forward in the future,” Griffin said.

As the 2016 presidential race continues, Griffin couldn’t say when the Human Rights Campaign would make an endorsement. He noted the board and staff continue to discuss the issue as the organization’s questionnaires are returned by candidates.

“Those who are willing to send them back, who filled them out, we get them back,” Griffin said. “As you might suspect, some choose not to fill them out.”

Asked if HRC could realistically endorse anyone other than Democratic front-runner Hillary Clinton, Griffin said that’s a decision for the board and drew a contrast more generally between Democrats and Republicans running for president.

“There’s no contested presidential primary where the differences have been grander between the candidates on the Democratic side and the candidates on the Republican side,” Griffin said. “You just look at three Democrats, all of whom are champions for equality, all of whom have endorsed the Equality Act, all of whom have talked about their ideas to move equality were they to be elected, and then you look at the other side. And you look at the other side’s positions. Not only are they not saying they won’t move things forward, they’re doubling down to say they’ll roll things back, that they will undo our progress.”

Griffin said the positions Republican presidential candidates are taking on LGBT issues are “unfortunate” not only because they’re “harmful to real-live people,” but also because they’re out of line with the majority of individuals in the Republican Party, who as recent polls show support LGBT non-discrimination protections.

“I am confident in the general election that it is going to be difficult for a Republican nominee to have such hateful discriminatory positions against LGBT people because they’re out of touch with the electorate, they’re out of touch with Democrats, they’re out of touch with independents, and they’re out of touch with Republicans to hold these views,” Griffin said.

Griffin said before he joined HRC, he predicted 2016 would be the election in which the Democratic and Republican presidential nominees would hold the same views on LGBT issues, but admits he “was badly wrong.”

“I do think that day will come because the Republican Party can’t survive as long as they are espousing such hateful and discriminatory views,” Griffin said.

Gregory Angelo, president of Log Cabin Republicans, said Griffin was making “incredible generalizations” about the GOP candidates for president and that some have said they want to move on after the Supreme Court’s decision on marriage.

“There’s more common ground here than Democrats want people to think,” Angelo said. “I have tremendous respect for Chad as he heads a supposedly non-partisan organization, I hope he more carefully chooses how he describes GOP candidates as we forge ahead toward Election Day.”

No chance of Equality Act becoming law this year

At the federal level, one high-profile LGBT initiative is the Equality Act, federal legislation that would amend the Civil Rights Act and Fair Housing Act to include a prohibition on anti-LGBT discrimination.

Although Griffin said he is optimistic the bill would become law sooner than many think, when asked if he saw a path for the Equality Act to become law in this Congress, he said, “No.”

“This Congress can’t agree on how to keep the lights on much less the Equality Act,” Griffin added. “What I do think is that the momentum is going to continue, we will continue to add co-sponsors, we will continue to add business endorsers, we will educate constituents in districts across the country when the elections come up as to one’s position on the Equality Act. Anyone who opposes it, I don’t think deserves to be in Congress, and those who haven’t yet taken positions, our job is to work hard to continue to convince them of why they should publicly support it.”

Griffin said he bases his optimism on the dramatic growth in support for same-sex marriage among lawmakers as well as business support, co-sponsorship and strong polling in support for the Equality Act.

When the Blade pointed out the Equality Act doesn’t have a single Republican co-sponsor, Griffin said the situation was the same for pro-LGBT legislation like the Respect for Marriage Act and legislation to repeal “Don’t Ask, Don’t Tell.”

“But at the end of the day, with a lot of work, with our allies on the Hill, ultimately enough Republicans join Democrats to get deals done,” Griffin said.

Asked whether the lack of endorsement for the Equality Act from major civil rights groups like the NAACP and the Leadership Conference on Civil & Human Rights is a problem, Griffin said these groups “all have their own processes for endorsement, which is not unlike what we went through on marriage.”

“Congressman John Lewis has been incredible in bringing on members and new co-sponsors and has been an early leader in this process along with…Cory Booker and others,” Griffin said. “So this is one of the broadest-based coalitions that we’ve ever had for a piece of legislation, particularly this early on, and we will continue to grow it and continue to expand it.”

Stacey Long Simmons, director of public policy and government affairs for the National LGBTQ Task Force, expressed a similar doubtfulness about the Equality Act’s prospects when asked about Griffin’s prediction the bill wouldn’t pass this Congress.

“Without at least one Republican co-sponsor, it is difficult to see a path forward in this Congress,” Long Simmons said. That said, we will continue to build support for the bill with a broad, diverse coalition of those who are committed to achieving full legal equality and justice for all LGBTQ people.”

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2 Comments

2 Comments

  1. Robert J. Morris

    January 14, 2016 at 1:11 am

    Thank you for this. It’s a great piece and so essential as we start 2016.

  2. Katrina Rose

    January 16, 2016 at 10:30 am

    Pipeline Report?

    Pipeline Report?

    Pipeline Report?

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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

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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

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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

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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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